Page images
PDF
EPUB

USERRA TRANSITION RULES AND EFFECTIVE DATES
Section 8 of Public Law 103-353, Oct. 13, 1994, 108 Stat. 3175,
38 U.S.C. 4301 note, provides:
SEC. 8. TRANSITION RULES AND EFFECTIVE DATES.

(a) REEMPLOYMENT.—(1) Except as otherwise provided in this Act (see Short Title of 1994 Amendment note set out under section 101 of this title), the amendments made by this Act shall be effective with respect to reemployments initiated on or after the first day after the 60-day period beginning on the date of enactment of this Act (Oct. 13, 1994).

(2) The provisions of chapter 43 of title 38, United States Code, in effect on the day before such date of enactment (set out as a note preceding this subchapter), shall continue to apply to reemployments initiated before the end of such 60-day period.

(3) In determining the number of years of service that may not be exceeded in an employee-employer relationship with respect to which a person seeks reemployment under chapter 43 of title 38, United States Code, as in effect before or after the date of enactment of this Act, there shall be included all years of service without regard to whether the periods of service occurred before or after such date of enactment unless the period of service is exempted by the chapter 43 that is applicable, as provided in paragraphs (1) and (2) , to the reemployment concerned. (4) A person who initiates reemployment under chapter 43 of title 38, United States Code, during or after the 60-day period beginning on the date of enactment of this Act and whose reemployment is made in connection with a period of service in the uniformed services that was initiated before the end of such period shall be deemed to have satisfied the notification requirement of Section 4312(a)(1) of title 38, United States Code, as provided in the amendments made by this Act, if the person complied with any applicable notice requirement under chapter 43, United States Code, as in effect on the day before the date of enactment of this Act (Oct. 13, 1994). (b) DISCRIMINATION.—The provisions of section 4311 of title 38, United States Code, as provided in the amendments made by this Act, and the provisions of subchapter III of chapter 43 of such title, as provided in the amendments made by this Act, that are necessary for the implementation of such section 4311 shall become effective on the date of enactment of this Act (Oct. 13, 1994). (C) INSURANCE.(1) The provisions of section 4316 of title 38, United States Code, as provided in the amendments made by this Act

, concerning insurance coverage (other than health) shall become effective with respect to furloughs or leaves of absence initiated on or after the date of enactment of this Act (Oct. 13, 1994). (2) With respect to the provisions of section 4317 of title 38, United States Code, as provided in the amendments made by this Act, a person on active duty on the date of enactment of this Act, or a family member or personal representative of such person, may after the date of enactment of this Act,. elect to reinstate or con tinue a health plan as provided in such section 4317. If such a election is made, the health plan shall remain in effect for the re maining portion of the 18-month period that began on the date o such person's separation from civilian employment or the periodo the person's service in the uniformed service, whichever is the pe riod of lesser duration.

(d) DISABILITY.—(1) Section 4313(a)(3) of chapter 43 of title 38 United States Code, as provided in the amendments made by this Act, shall apply to reemployments initiated on or after August 1 1990.

(2) Effective as of August 1, 1990, section 4307 of title 38, United States Code (as in effect on the date of enactment of this Act (Oct 13, 1994]), is repealed, and the table of sections at the beginning of chapter 43 of such title (as in effect on the date of enactmen of this Act) is amended by striking out the item relating to sectior 4307.

(e) INVESTIGATIONS AND SUBPOENAS.—The provisions of section 4326 of title 38, United States Code, as provided in the amend ments made by this Act, shall become effective on the date of the enactment of this Act (Oct. 13, 1994) and apply to any matter pending with the Secretary of Labor under section 4305 of title 38 United States Code (set out in a note preceding this subchapter) as of that date.

(f) PREVIOUS ACTIONS.—Except as otherwise provided, the amendments made by this Act do not affect reemployments that were initiated, rights, benefits, and duties that matured, penalties that were incurred, and proceedings that begin before the end of the 60-day period referred to in subsection (a).

(g) RIGHTS AND BENEFITS RELATIVE TO NOTICE OF INTENT NOT TO RETURN.-Section 4316(b)(2) of title 38, United States Code, as added by the amendments made by this Act, applies only to the rights and benefits provided in section 4316(b)(1)(B) and does not apply to any other right or benefit of a person under chapter 43 of title 38, United States Code. Such section shall apply only to persons who leave a position of employment for service in the uniformed services more than 60 days after the date of enactment of this Act (Oct. 13, 1994).

(h) EMPLOYER PENSION BENEFIT PLANS.(1) Nothing in this Act shall be construed to relieve an employer of an obligation to pro vide contributions to a pension plan (or provide pension benefits), or to relieve the obligation of a pension plan to provide pension benefits, which is required by the provisions of chapter 43 of title 38, United States Code, in effect on the day before this Act takes effect (probably means the day before Oct. 13, 1994).

(2) If any employee pension benefit plan is not in compliance with section 4318 of such title or paragraph (1) of this subsection on the date of enactment of this Act (Oct. 13, 1994), such plan shall have two years to come into compliance with such section and paragraph.

(i) DEFINITION.–For the purposes of this section, the term "serv. ice in the uniformed services” shall have the meaning given such

JUDICIAL REVIEW AVAILABLE FOR CLAIMS FILED

AGAINST VA ON OR AFTER NOVEMBER 18, 1988 Section 402 of Public Law 100-687

amended by Public Law 102-40, 8 402(d)(2), May 7, 1991, 105 at. 239) provides: C. 402 (38 U.S.C. 7251 note). APPLICABILITY TO CASES AFTER DATE

OF INACTMENT. Chapter 72 of title 38, United States Code, as added by section 1, shall apply with respect to any case in which a notice of disreement is filed under section 7105 (formerly 4005) of title 38, ited States Code, on or after the date of the enactment of this t (Nov. 18, 1988).

« PreviousContinue »