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Reservists
With the activation of U.S. military personnel for service both overseas and to protect our homeland, we are restating Company guidelines regarding continued coverage for those on active duty and their dependents.
When a reservist is activated, an employer can evoke the leave and layoff provision of the Guardian contract which provides coverage for Life and Health for the balance of the plan month in which the termination occurs plus one additional plan month. Any Disability coverage terminates as of the last day of active service.
The employee may convert his/her Group Life and Health coverage in accordance with the plan provisions. Portability provisions for Voluntary Life coverage can also be elected.
We will allow continuation of coverage for 24 months to the employee and /or dependents. The Uniformed Services Employment and Re-employment Rights Act (USERRA) allows for continuation of health benefits for all size groups, regardless of whether the group is COBRA eligible. Conversion would be honored after the continuation expires where it is available.
If the reservist returns to active work within 90 days of deactivation, separation or discharge, the waiting period is waived and he/she is reinstated for all coverage. There is no new waiting period for preexisting conditions.
At the employer's request, we would allow continuous coverage under the plan for Life and Health for the reservist and dependents for the duration of activated service.
In addition, at the employer's request, we will allow continuous coverage under the plan for dependents, even if the reservist does not maintain coverage, on both contributory and non-contributory plans. We will also allow the choice of maintaining only certain coverage for the reservist and/or dependents on both contributory and non-contributory plans.
We suggest that both the employer and employee review the coverages relating to Accidental Death and Dismemberment and Long/Short Term Disability Both contain exclusionary language for loss arising from and relating to service in the armed forces. The continued coverage while in active service will be subject to the exclusionary language.
If the employer chooses to maintain coverage on either reservists and/or dependents, we must obtain a written request specifying the option/s the employer wishes to offer during the period of activated service. The option/s an employer makes available must be based on a consistent policy applied to all of the employer's reservists.
These guidelines apply to all reservists called to active duty. The call could be for over seas duty such as Desert Storm, Somalia, Grenada, Haiti, etc., the call-up following WTC terrorist attack, the present call-up for Operation Iraqi Freedom, etc.; national emergencies such as Midwest floods, the Los Angeles riots, the David Koresh affair in Texas or some other internal emergency.
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