UNCLASSIFIED 1 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Legal Redeployment and Demobilization Briefing.

Slides:



Advertisements
Similar presentations
ESGR Ombudsman Services
Advertisements

1 ESGR and USERRA What To Do Before, During, and After Your Mobilization Version – September 2013 Developed by: California Committee Employer Support of.
Iowa Individual Income Tax Tax information for individuals from the Military Personnel & Their Spouses.
Provide Resources and Expertise to 1.Assist & Prepare Veterans to obtain Meaningful Careers 2.Maximize Employment Opportunities 3.Protect Employment Rights.
 Why file for a Bankruptcy? Loss of job? Medical bills? Foreclosure? Divorce? Just a run of bad luck? A fundamental goal of the federal bankruptcy laws.
STAFF JUDGE ADVOCATE OFFICE (JAG). The office of the Staff Judge Advocate provides legal assistance to New York National Guard Soldiers/Airmen and women,
Military Taxpayers MSgt Lance A. Bonlender, EA November 20, 2007.
SCRA – AN INCREDIBLE CONSUMER LAW!!! Alters conventional contracts Prevents default judgment except in accordance with its provisions Allows for cancellation.
Debt Collection and SCRA Instructor: Assistant Instructor:
1 ESGR and USERRA “Employers shouldn’t be at work without it!”
Benefits for Military Servicemembers Kerry Childe Privacy and Regulatory Counsel TG.
PREMOBILIZATION LEGAL ISSUES 43d MP BDE. IMPORTANT ISSUES l Getting Wills and Powers of Attorney in order l Dependent Support l Protection under the Soldier’s.
82d Soldier Support Battalion (Airborne) Operation Enduring Freedom Military Pay Entitlements As of: 3 January 2002.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) Presented by: Patrick H. Boulay Chief, USERRA Unit U.S. Office of Special Counsel.
Patient Protection and Affordable Care Act (PPACA) Better known as ACA
Family Medical Leave Act.   Family Medical Leave Act (FMLA)was established in  The Purpose of the Act is to give certain job protections to employees.
JAMES B. AVEY PHD INFORMATION ALSO PROVIDED BY TRACY STOTT PYLES, ESQ. LITTLER MEDELSON – COLUMBUS THE NATIONAL EMPLOYMENT & LABOR LAW FIRM The War at.
W ORKPLACE R ISK Workers’ compensation & Unemployment.
You can make a difference Arizona Office for Employer Support of the Guard and Reserve Supporting Arizona’s Employers and Employees of the Grand Canyon.
Chapter 44: Rights and Responsibilities in the Workplace May 30, 2006.
Chapter 3. Learning Objectives (part 1 of 2) Describe the basic federal tax model Distinguish between adjustments to income and itemized deductions Determine.
Module 13 Employee vs Independent Contractor. Employee (E’e) vs Independent Contractor (IC) Key Learning Objectives n n Income and payroll taxes withholding.
Operations Manual Chapter 1 20 CFR 38 USC 5 CFR Chapter CFR 0 38 USC – Chapter 43 (Law) 0 5 CFR.
Hit the Ground Running: Financial Planning after Deployment (APR 2013) 1 Hit the Ground Running: Financial Planning after Deployment Facilitator’s Name.
1 Employer Support of the Guard and Reserve (ESGR) Arkansas Public Transportation Conference Presented by Richard Green, CMSgt (Ret.) ESGR Administrative.
Georgia National Guard Family Support Foundation, Inc. T he Georgia National Guard Family Support Foundation, Inc. Col Jay Peno, President Mrs. Harriet.
UNIFORMED SERVICES EMPLOYMENT AND re-employment RIGHTS ACT (USERRA) Cur1 JUN 0 Mark John Holady,, Attorney at Law, Admitted in Oregon & Washington Captain,
Soldiers’ & Sailors’ Civil Relief Act (50 U.S.C.A. §§ )
Bonuses 1 USAFMCOM OPERATIONAL SUPPORT TEAM. Overview Enlistment Bonus Selective Reenlistment Bonus Career Status Bonus / REDUX 2.
Air Force Benefits. Overview - Educational Programs -- AFIT -- Tuition Assistance - Pay -- Basic Pay -- Special Pay -- Incentive Pay - Allowances -- BAH.
USERRA TUTORIAL. GENERAL INFORMATION This slide show is intended to provide basic information about USERRA’s provisions. References at the top of the.
You can make a difference Arizona Office for Employer Support of the Guard and Reserve Supporting Arizona’s Employers and Employees of the Grand Canyon.
CLASS FOUR-EMPLOYEE BENEFITS. EMPLOYMENT RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA) Employee benefit plans established for providing medical, surgical,
SERVICEMEMBER’S CIVIL RELIEF ACT.  Active Duty: Full- time duty in the active military service of the U.S.  Non-Active Duty: Retired personnel or a.
EMPLOYER SUPPORT OF RESERVISTS IN THE U.S. Major General Andrew Davis U.S. Marine Corps (Retired) Executive Director Reserve Officers Association of the.
1 Serving Reserves and Civilian Employers.
MILITARY LEAVES. MILITARY LEAVE LAWS An employee called to active military duty is entitled to a leave of absence from his or her job under both State.
Test Review Taxes, Insurance, Benefits,. Fixed Expense  Expenses that stay the same each month are.
Servicemembers Civil Relief Act Rights. Learning Topics Definition Importance Definition History Amendments How does it effect us? What does it protect?
McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
Taxes. The Federal Government Dollar – Where it Comes From.
The Adjutant General Directorate “People Always... Mission First” May 21, 2008 TSGLI Ambassador Training Call.
USERRA Uniformed Services Employment & Reemployment Rights Act of 1994.
The Army Reserve MR. TIMOTHY D. JOHNSON Chief, Labor and Employment Law U.S. Army Reserve Command Labor Law Update.
W-4 Form Used to determine the amount of income tax withheld from paychecks “Dependents” – Someone who lives with you – Provide for over 50% of their living.
UNCLASSIFIED 1 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Legal Redeployment and Demobilization Briefing.
Module 5: National Guard/Reserve. Module Objectives After this module, you should be able to: Explain who determines TRICARE eligibility for National.
© BLR ® —Business & Legal Resources 1410 How to Manage Military Leave.
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
1 Making a Success of Two Careers: Serving Military and Civilian Employers.
© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
RETIREMENT AND ESTATE PLANNING Chapter 15. Defining Your Retirement Needs How much income do you need? Keep the house or move? What type of investment.
FEDERAL VETERAN BENEFITS Overview. BOBI DIXON-INGALLS Targeted Outreach Team, Michigan Veterans Affairs Agency Training and Accountability Analyst Accredited.
6/24/2016www.esgr.mil1 Employer Support of the Guard and Reserve USERRA OVERVIEW Arden Dickey Ombudsman Director, State of Florida.
“USERRA” Title 38 U.S.C sections Federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National.
COMPLYING WITH THE SERVICEMEMBERS CIVIL RELIEF ACT OF 2003 (50 USC App
Leaving for military service
W-4 Form Used to determine the amount of income tax withheld from paychecks “Dependents” Someone who lives with you Provide for over 50% of their living.
ESGR Ombudsman Services
MILITARY SPOUSE RESIDENCY RELIEF ACT 2009
USERRA Uniformed services employment and reemployment rights act of 1994 Element 19.
USERRA Uniformed services employment and reemployment rights act of 1994 Element 19.
garnishment under nd law
Discrimination Defined Under USERRA
Veterans Benefits Administration
USERRA Uniformed services employment and reemployment rights act of 1994 Element 19 / Page 145.
UNIFORMED SERVICES EMPLOYMENT & REEMPLOYMENT RIGHTS ACT
Veterans’ Employment and Training Service
USERRA Uniformed services employment and reemployment rights act of 1994 Element 19 Page 145.
Presentation transcript:

UNCLASSIFIED 1 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Legal Redeployment and Demobilization Briefing

UNCLASSIFIED 2 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Uniformed Services Employment and Reemployment Rights Act (USERRA) Soldier’s and Sailor’s Civil Relief Act Income Tax Additional Information Briefing Overview

UNCLASSIFIED 3 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Standard Protections. How to get your job back. Special Demobilization Protections. What to do if employer doesn't comply. USERRA Overview

UNCLASSIFIED 4 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED 1. No job discrimination based on military service 2. No mandatory use of vacation time or vacation pay for military duty 3. No retaliatory action (Does not apply to misconduct by employees) 4. Reemployment after mobilization or other active service USERRA: Four Standard Protections

UNCLASSIFIED 5 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Step 1 : Have a Job! Step 2 : Give Notice! (Written notice smart but not required) Step 3: “Under Honorable Conditions!” (present DD 214) Step 4: Report Back Promptly How to get your job back

UNCLASSIFIED 6 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED 7 Reemployment Protections Protection #1: Be promptly reinstated Protection #2: Keep same status Protection #3: Keep accrued seniority Protection #4: Health insurance coverage reinstated Protection #5: Receive training, re-training, or other accomodations Protection #6: Special protection from discharge Protection #7: Keep other non-seniority based benefits

UNCLASSIFIED 7 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED 6% Interest Rates. Getting Sued. Avoiding Repossession or Foreclosure. Non-Employment Health Insurance. Soldiers and Sailors Relief Act Overview

UNCLASSIFIED 8 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED SSCRA 6% Interest Rate Still Possible: Date of Activation, not Date of Notice. Material Effect. Forgiven, not Accrued. Must Notify Creditor of REFRAD.

UNCLASSIFIED 9 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Stay of Proceedings (up to 60 days after Refrad) Set Aside Default Judgment (up to 90 days after Refrad) Stay of Eviction (up to 90 days) Must show material effect. WHAT DO I DO IF SOMEONE IS SUING ME??

UNCLASSIFIED 10 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED My Car Was Repossessed and My House Is In Foreclosure!! See a Lawyer. Self-Help Repossession from activated military is prohibited. Foreclosures not in compliance with SSCRA if made during the period of military service or within 3 months thereafter.

UNCLASSIFIED 11 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED SSCRA Requires Reinstatement of Non- Employment Health Insurance. No Exclusions. No Waiting Periods.* *Some exceptions. Non-Employment Health Insurance Plans

UNCLASSIFIED 12 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Extensions of Deadlines Tax Relief Income Taxes: Overview

UNCLASSIFIED 13 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED 180 Days from Last Day in CZ, QHDA (Qualified Hazardous Duty Area). Plus Any Time that was remaining Before Deployment to CZ or QHDA. Tax Extensions: How Long?

UNCLASSIFIED 14 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Filing Your Return/Claiming a Refund. Paying any Taxes Owed (Except Withholding and Employment Tax). Making IRA Contribution. Selling Residence. Tax Extensions: For What?

UNCLASSIFIED 15 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Spouse May Be Able To Get Extension As Well. Other extensions and provisions may be available. Tax Extensions: For What?

UNCLASSIFIED 16 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Who Gets this Relief? Armed forces members who serve in a CZ or QHDA Iraq and Kuwait are CZ. Armed forces members who serve in direct support of a CZ or QHDA. Tax Relief!

UNCLASSIFIED 17 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED You may exclude certain pay from your income—That is, you don’t pay income taxes on this income. Military pay for CZ or QHDA service remains subject to Social Security and Medicare taxes. Tax Relief: What is it?

UNCLASSIFIED 18 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED For any month of the year: Were you present, for even one day, in a CZ or QHDA? Was your presence there official? If “YES,” then NO tax is owed on military pay for those specific months.* *Pay earned while hospitalized for injuries incurred in CZ excluded. Tax Relief: What Qualifies?

UNCLASSIFIED 19 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Enlisted personnel and warrant officers: All of base pay for each month. Officers: $5,997 per month of Base Pay (based upon salary of SMA) Imminent danger or hostile fire pay per month. Tax Relief: What Is Not Taxed ?

UNCLASSIFIED 20 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Write “OIF“ or “OEF” and dates of deployment on the top front of your tax return.

UNCLASSIFIED 21 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED If your personal property has been lost, damaged or destroyed as a result of government shipping, you may make a claim. You must DOCUMENT the Claim. HIGH DOLLAR items acquired in theater will probably not be paid for. Claims

UNCLASSIFIED 22 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Notify the Holder of the POA. Recover and destroy the original document. Publication of Notice. Revocation of Power of Attorney

UNCLASSIFIED 23 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Continuing Jurisdiction over Offenses Committed on Active Duty. Even if Discovered after Demobilization. Retention on Active Duty to Resolve UCMJ Action. UCMJ

UNCLASSIFIED 24 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED General Rule Limited Exceptions War Trophies

UNCLASSIFIED 25 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Keeping Prohibited War Trophies is Criminal and will result in UCMJ action! General Order 1A

UNCLASSIFIED 26 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Enemy Weapons and Ammunition Enemy Military Equipment, Communications and Computers Soil or Sand What is a Prohibited War Trophy?

UNCLASSIFIED 27 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED There are no Exceptions to Permit: Items that are Dangerous Items Stolen from Civilians Items Taken from Prisoners, Dead, Wounded, etc. No Exceptions

UNCLASSIFIED 28 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Limited Exceptions Helmets and uniforms Military manuals Posters, placards and photographs Insignia, patches and flags

UNCLASSIFIED 29 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED The National Committee for Employer Support of Guard and Reserve ( or visit The Veterans’ Employment and Training Service (VETS) ( ). For More Information