Returning Reservists & PERS Retirement

PERS has received a number of calls from employees returning from active military duty.  The active duty is covered under the Uniformed Services Employment and Re-employment Rights Act, (USERRA).  To notify PERS of the return, a Notice of Status or Employment Change SFN 53611 must be completed by the employee’s employer.

A member returning from active service may be entitled to have their credit for time spent on active duty recognized by PERS for vesting and benefit eligibility purposes in the PERS Defined Benefit, Highway Patrol or Defined Contribution plans.  A returning member should make application to PERS by submitting a written request for the above along with a photocopy of their DD214 form.

A returning member may be entitled to purchase the months while they were on active duty for the purpose of benefit calculation at PERS.  In addition, legislation passed this session in HB 1069 will amend the way the 4% employee contribution is paid into the PERS Defined Benefit, Highway Patrol and Defined Contribution Plans for returning reservists.  Specifically the changes were:

1. For eligible veterans returning after the passage of the bill, the employer must pay the employee contribution for missed service for returning veterans in the same manner that the employer would have paid it had the veteran not been called into active duty.


2. For eligible veterans who returned to service since the passage of the Uniform Services Employment and Reemployment Rights Act, which became effective October 1, 1994, the employer must pay the employee contribution for that service in the same manner as outlined above in #1.  An appropriation is provided in section 19 of HB 1069 for this purpose.


3. Provides that any past payments made by returning veterans that would qualify for employer payment since the passage of USERRA would be refunded to the employee and paid by the employer.

The above changed our statute which required the returning eligible veteran to pay the employee contribution for past service.   The bill became effective on July 1, 2005. The statute requires that the veteran make application to the employer and provide the employer with a copy of their DD214.  To assist in the application process for those reservists that HAVE NOT submitted contributions, PERS has revised the Purchase Agreement for USERRA Covered Military Active Duty SFN 17758.  This form is required so that the cost of the purchase can be determined.

For those reservists who HAVE already submitted contributions, a new form has been created to assist the reservist, employer and PERS in determining the amount of funds that should be refunded to the reservist by the employer under the above provision #3.  The Verification of Employee Contributions Towards USERRA Active Military Duty SFN 54361 should be completed by the reservist and employer.  Upon completion, the form should be forwarded to PERS. PERS will research the eligibility under the law and will provide detail regarding the amount of funds to be refunded by the employer to the reservist.  PERS will also bill the employer if additional funds are necessary to complete the purchase, if they are now required to be paid by the employer.