1. Absent Uniform Service (AUS) and Return Duty (RTD) as a Technician
WV National Guard
Absent Uniform Service (AUS) and Return Duty (RTD) as a Technician
TSgt Freda Harmon
Human Resource Specialist

2. Agenda Purpose and Scope AUS Explained and Applicable Employees
Process
Employee Responsibilities
Supervisor Responsibilities
AUS and Technician leave
Benefits and Entitlements -AUS
Timeliness and Impacts Illustrated
Returning to Duty
Benefits and Entitlements – RTD
Common Issues
Additional Information
Introduction
Basic Entitlements
Exceptions
Protections
Reemployment Rights
Procedures
Additional Information
Review & Wrap-up

3. Purpose & Scope
As dual status employees, the requirement to serve often interferes and causes lengthily absence from technician employment.
OPM now REQUIRES the HRO to take certain processing steps when a technician goes on orders that EXCEED 30 days in duration.
This block of instruction will give supervisors an understanding of both supervisor and employee requirements, benefits, and impacts of the process of going AUS and RTD.
As a member of the Armed Forces Reserve Component, one should have a basic understanding of:
What USERRA means & How it works successfully for military members

4. Absent Uniform Service (AUS) Explanation and Applicable Employees
Effective March 28, 2010
EVERY permanent technician must be placed in an AUS status by the HRO (whether in PAY or NONPAY status) if the military order EXCEEDS 30 days.
NOT OPTIONAL
AUS and RTD are physical personnel actions that generate an SF 50 in the technician record.
Also commonly referred to as:
Military LWOP
LWOP – MIL
Military Furlough
See Handout – HRO Bulletin
Old rules no longer apply. The old mindset was that an action only had to be taken by HRO if an employee was going to be in a non-pay status, i.e. not double dipping, for 30 consecutive days. This is inaccurate. Every technician on orders that are over 30 days must be placed in AUS via an SF 52 and outprocessing.
Previously called Leave without pay (LWOP) and you had to be in a non paid status for over 30 days

5. Process for Placing Technicians into AUS Status
An SF 52 (Request for Personnel Action) for Absent Uniformed Service MUST be submitted IN ADVANCE to the HRO for processing and must include:
A copy of military orders
A copy of ATAAPS projected leave plan.
Benefits Out-processing Checklist to include projected leave plan.
Receive a briefing with HRO so you have a clear understanding of your entitlements based on our interpretation of your order. (Completion of a checklist without counseling can result in negative impacts)
HRO processes the AUS action, and all benefits associated transactions concerning FEHB, TSP, FEGLI, and NGAUS as applicable
Failure to notify HRO in advance will result in negative impact to benefits and situations which create debts
Old rules no longer apply. The old mindset was that an action only had to be taken by HRO if an employee was going to be in a non-pay status, i.e. not double dipping, for 30 consecutive days. This is inaccurate. Every technician on orders that are over 30 days must be placed in AUS via an SF 52 and outprocessing.
Recommend submission of both the AUS and RTD SF52 at onset of military orders. The RTD will be held in suspense.
Note to supervisors: For employees entering military duty for an extended period of time (i.e. stat tour, AGR, etc.) it is the responsibility of the employee to keep the agency apprised of extensions to orders

6. Supervisor Responsibilities
Submit the SF 52 well in advance to allow for appropriate routing through multiple sections. HRO cannot action without an AUS packet (SF 52, orders, and a completed checklist)
Ensure your employee schedules a brief with HRO staff so they understand their elections and options.
Briefings can be accommodated:
In person with HRO staff (We ask if you bring small groups you schedule in advance.
Via phone for remote deployers
Group facilitated briefings for large groups
Communicate all order modifications to the HRO
When submitting 52 well in advance allow for processing time through FSS, Commander signature, and distribution to the HRO.
Recommend submission of both the AUS and RTD SF52 at onset of military orders. The RTD will be held in suspense. (Until we deploy DCPDS to the field. Then the process will change.
Note to supervisors: For employees entering military duty for an extended period of time (i.e. stat tour, AGR, etc.) it is the responsibility of the employee to keep the agency apprised of extensions to orders

7. Employee Responsibilities
Communicate with your supervisor about your orders
Schedule a briefing with HRO in advance and bring full AUS packet detailed in the previous slide.
Bring orders. Without orders we cannot determine benefit eligibility an advise you of your options. Not all orders provide the same benefits.
Bring a copy of your LES
Provide appropriate supervisor / timekeeper POC
Recommend submission of both the AUS and RTD SF52 at onset of military orders. The RTD will be held in suspense.
Note to supervisors: For employees entering military duty for an extended period of time (i.e. stat tour, AGR, etc.) it is the responsibility of the employee to keep the agency apprised of extensions to orders

8. Absent-US and Leave
You may use the following paid Leave while in Absent- US (5 C.F.R )
Accrued annual leave under 5 U.S.C. 6304
Military leave under 5 U.S.C. 6323
Compensatory Time for Travel 5 U.S.C. 5550b
Sick Leave under 5 U.S.C (if appropriate under such service)
EXCEPTION- Once you are placed in AUS, the system will not accept the coding of regular Compensatory Time (CT)
Comp Time for Travel – CB when earned, CF when used

9. Absent-US and Leave
If paid leave is used while in Absent- US benefits premiums are still owed and all standard deductions still occur
Monitor and retain copies of both civilian and military LES’s. This helps identify issues early.

10. Benefits and Entitlements
The AUS benefits checklist addresses the following benefits while in AUS if applicable:
FEHB – One of the most impacting
FEGLI
NGAUS
FSA’s
FEDVIP
FLTC Insurance
TSP Loans –One of the most impacting
The checklist covers elections and information related to all of the above benefits however the two most impacting elections where we see the most issue are concerning FEHB and TSP so the next two slides discuss those specific challenges.

11. Benefits and Entitlements FEHB
Entering AUS and gaining Tricare is considered a qualifying life event (QLE) allowing either cancellation or termination. There is a DIFFERENCE.
A Termination is accomplished through the HRO only in conjunction with order start date
HRO will reinstate coverage upon RTD
Does not break continuity of coverage for retirement
A Cancellation is a PERMANENT action done through ABC-C and is required when a member:
Gains Early Tricare
Elects to Waive Reinstatement due to TAMP upon RTD
It is the member’s responsibility to call ABC-C and re-elect
Both you and your employee need to understand the difference and the impacts
FEHB rules allow 60 days following a QLE (loss of Tricare upon return to duty) to elect coverage. If the member misses this window there are no exceptions to re-elect coverage. They will HAVE to wait until open season. ABC-C will make the effective date of the reinstatement the beginning of the next pay period. If your employee is on an order that does NOT convey TAMP coverage, and their Tricare ends in conjunction with their order end date, but FEHB is not elected until weeks following, a break in coverage exists for the member and could effect their 5 year window of continuity for carrying that coverage in retirement.
MISCONCEPTION : Title 10 Contingency Orders, Free FEHB – If you Cancel with ABC-C due to gaining early Tricare to save the premium cost while you are not on orders, there is no provision for us (the HRO) to then “reinstate it” at the start of your contingency order so it will be free. You have cancelled and the only way to undo a cancellation is a new election through ABC-C based on a QLE. There is no QLE for starting a contingency order.
When a member is deployed and elects to retain free FEHB it is not benefiting the member. The government is paying your share of the premiums for the duration of your deployment but Tricare is covering you 100%. The possible benefit can come if a member has dependents that still need to continue use of the coverage. For the deployed member Tricare is primary, for dependants FEHB is primary, and Tricare is secondary. It is a cost vs benefit issue that should be analyzed on a case by case basis.

12. Benefits and Entitlements TSP
Thrift Savings Account
Encourage Military TSP contributions
HRO will suspend your TSP loan
If TSP is NOT notified and your TSP loan defaults over 90 days, it can be declared a taxable distribution
Reference Handout TSP Fact Sheet on Effect of NonPay Status and Benefits that apply upon RTD and FAQs

13. Timeliness and Impacts
Scenarios

14. Questions?
Scenario
FEHB is primary for dependants – Secondary for the service member.
What if we never placed someone in AUS?
What if we fail to return someone to AUS?
5 March 170
19 March 170
2 April 170
16 Apr 170

15. Returning to Duty (RTD)
An SF 52 (Request for Personnel Action) is also required for RTD and MUST be submitted in advance along with any orders modifications. YOUR TECHNICIAN CANNOT BE CODED FOR PAY in the system until HRO actions the SF 52
Ensure your employee receives a “reverse briefing” and inproceses through the HRO on their FIRST day back to work if at all possible
An HRO representative will process the RTD action, and brief your employee on all benefits associated with returning, and accomplish all transactions to reinstate any previously terminated benefits.
Retroactive processing of a RTD SF52 also delays related benefits processing which can create debt and termination of benefits due to nonpayment.
HRO Cannot reinstate your benefits if we don’t have a completed checklist.

16. RTD and Benefits
FEHB – If coverage was cancelled or terminated it will be reinstated.
Can waive immediate reinstatement to use transitional Tricare for up to 180 days
Loss of coverage under Tricare constitutes a Qualifying Life Event (QLE) and can allow election or change if not previously enrolled
The following Benefits will be reinstated automatically unless employee elects to waive:
FEGLI: FSA/LTC/ FEDVIP/NGAUS Technician Insurance/TSP Loan
Premiums reinstated automatically upon RTD
Employees have 60 days following RTD to make Qualifying Event/ Open Season elections
Loan will be re-instated and will have 60 days to elect missed TSP contributions (Need all military LES’s)
FEHB Common issue: If the employee was not placed on AUS (and FEHB was not terminated) then
FEHB 5 yr requirement for retirement
Considered to have continuous coverage if:
Terminated enrollment is reinstated immediately upon reemployment OR
Immediate reinstatement was waived, at employee’s request, to use Transitional TRICARE and reinstated prior to retirement

17. RTD and Benefits Thrift Savings Plan (TSP)
Loan payments reinstated automatically with TSP 41
Agency automatic 1% contribution is automatically credited to the employees account upon return
Employee may request to make Retroactive TSP contributions for the period of AUS.
Amount owed is subject to offset by military TSP contributions.
Request and all supportive military LES’s must be provided within 60 days of return
HRO initiates, DFAS calculates and notifies employee of amount owed.

18. Common Issues with RTD No or late notification of RTD
HRO can no longer process transactions retroactively due to ABC-C roles and oversight
Military deposits (buyback)
paid leave while on AUS can be backed out of the calculations for buyback but must have documentation
Copy of ATAAPS leave forms or timecards for older periods
FEHB Termination Vs Cancelation
Process has changed
Delay in what returning employee see on LES
Discuss the recent changes in process with ABC-C vs HRO responsibilities, how FEHB transactions reject in our system because they no longer correspond with the beginning of a pay period, and that requires us to reach out to DFAS to get the transaction to flow. This will cause returning members to see a delay concerning the reinstatement of their FEHB on the LES.

19. Timeliness and Impacts
Scenario

20. Questions?
Scenario
FEHB is primary for dependents – Secondary for the service member.
What if we never placed someone in AUS?
What if we fail to return someone to AUS?