Troops have range of benefits to fall back on

By Dennis Camire
Gannett News Service

WASHINGTON — These days more help than ever is available for National Guard and Reserve troops called to active duty.

Spc. Juan Vega hugs wife, Margaret, and her daughter, Alexis Diaz, before leaving for the Mideast with his New York Army National Guard unit. Vega and other reservists can expect to return to their civilian jobs when their deployments end. Gannett News Service

To help out, Guard and Reserve troops can count on a range of benefits from job protection to health coverage.

"They are great benefits," said Staff Sgt. Stan Shavers, an Army National Guard soldier recently mobilized to help with security at Barksdale Air Force Base, La. "They are helping us out a lot."

Shavers, of De Kalb, Texas, said he and his family made use of healthcare and other benefits. Federal law protects his civilian job at Red River Army Depot in New Boston, Texas.

"For my younger soldiers, especially the ones who have just gotten married ... it's a big help for them," said Shavers, whose unit is based at Fort Humbug, La.

A recent Reserve Officers Association survey of Fortune 500 companies found 60 businesses willing to pay an employee's full salary or the difference between an employee's salary and military pay for up to a year, some for the duration of the call-up.

And since the terrorist attacks on Sept. 11, 2001, Congress has beefed up some benefits for its citizen soldiers, said John Goheen, spokesman for the National Guard Association of the United States.

"There were a series of benefits that Guardsmen had gained over the years, but there was still a bit of a gap between active duty and Guard," he said. "There has been an effort basically since 9/11 to close some of those gaps."

Among the issues Congress has addressed:

• Healthcare coverage continues for at least three months after many Guard and Reserve members are deactivated.
• National Guard troops mobilized by governors for at least 30 days are eligible for the same financial protections as those the president calls up.
• Guardsmen participating in federally declared national emergencies can use military commissaries to save money.
• National Guard and Reserve troops can use the Montgomery GI Bill to pay for education for up to 14 years after serving, an increase from 10 years.

Job protection

Overall, National Guard and Reserve troops mobilized by presidential order, such as those deploying overseas for a possible war with Iraq, receive the same pay and benefits as military members on regular active duty. They also are entitled to full veterans' benefits afterward.

Job protection comes from the Uniformed Services Employment and Re-employment Rights Act, and financial help is provided by the Soldiers' and Sailors' Civil Relief Act.

Employers do not have to rehire someone if business circumstances have changed so much that it's impossible or unreasonable, according to military legal experts. Employees hired for brief periods without expectation of continued employment also are not entitled to job protection.

The law doesn't mean service members return to their exact jobs.

Generally, the law states they should be allowed to return to former positions, if possible, or one with equal pay, seniority, status and benefits. Their service should not affect their seniority or ability to be promoted.

Pension benefits accrue without interruption, and if military duty was less than 31 days, an employee cannot be made to pay more than normal for health coverage. But employees also must seek reinstatement soon after finishing active duty.

The Soldiers' and Sailors' Civil Relief Act allows Guard and Reserve troops called to active duty to break apartment leases with 30 days written notice and renegotiate home mortgages, car loans or credit-card agreements for no more than 6 percent interest. But the leases and loans have to have been made before a call to active duty.

In Congress

Lawmakers in Congress are working for other benefits, such as offering tax breaks to encourage employers to make up the difference between the military and civilian pay of activated Guard and Reserve troops.

Sen. Mary Landrieu, D-La., who introduced her version last week, said many companies already make up the difference in salaries for their employees called to active duty. In some cases, they also continue health insurance and other benefits.

"This represents a significant burden that the employer has undertaken in order to ensure that their employees and their families are taken care of during times of national emergency," she said.

The House Ways and Means Committee debated legislation last week that would provide up to a $500 tax deduction for out-of-pocket travel expenses that Reserve and Guard troops incur when more than 100 miles from home.

The Senate Finance Committee unanimously approved a similar bill earlier this month.