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

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Presentation on theme: "UNCLASSIFIED 1 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED Legal Redeployment and Demobilization Briefing."— Presentation transcript:

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

2 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

3 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

4 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

5 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

6 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

7 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

8 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.

9 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??

10 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.

11 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

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

13 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?

14 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?

15 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?

16 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!

17 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?

18 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?

19 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 ?

20 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.

21 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

22 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

23 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

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

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

26 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?

27 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

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

29 UNCLASSIFIED 29 AN ARMY FORWARD ANY MISSION, ANYWHERE! REINTEGRATIONUNCLASSIFIED The National Committee for Employer Support of Guard and Reserve (1-800-336- 4590 or visit www.esgr.org) The Veterans’ Employment and Training Service (VETS) (1-202-693-4701). http://www.jagcnet.army.mil/Legal For More Information


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