D. CONTINUED COVERAGE WHILE IN UNIFORMED SERVICE USERRA RIGHTS

If you are an Active employee and called to active military service in the Armed Forces of the United States, you are entitled to certain rights, including continued health care coverage for a up to a maximum of 24 months from the date that service commences.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) is the primary federal law that provides employment and benefit protection for Covered Employees who are absent from Covered Employment because of certain military service. This subsection is meant to and shall be interpreted to comply with the minimum requirements of the USERRA.

1. Eligibility Rules for USERRA.

To qualify for USERRA re-employment rights, including certain limited health care benefits (summarized below) you must be a Covered Employee and meet the following requirements:

1. Purpose of Leave. Your departure from civilian employment is for the purpose of entering a “uniformed service.” Uniformed service includes the Army, Navy, Air Force, Marine Corp., Coast Guard, National Guard (full time duty only), Commissioned Corps of the Public Health Service and anyone else designated as covered by the President of the United States during the time of war or National Emergency.


2. Employee Must Provide Prior Notice of Service. Before leaving for uniformed service, you must provide prior notice that your absence will be due to participation in a uniformed service. Written notice is not required. You are strongly urged to notify the dispatch office of IBEW Local 6, your last Employer, and the Plan Office so that the uniformed service may be noted on the dispatch rolls, and to make the Plan is aware of your situation.


3. Assert Military Rights for no More than Five Years (with certain exceptions). You may assert USERRA benefits for military absence not to exceed five years. There are limited exceptions to the five-year rule so if you are close to that period, you may contact the Plan Office to determine if your situation may meet an exception to the five-year rule.


4. Employee Must be Honorably Discharged from Service. You must have been honorably discharged from the military service.


5. Return to Covered Employment within a Specified Period. You must return to your same Employer or another Contributing Employer within a specified period of time, depending upon the length of time you are absent for military service. The rules for return to employment are:
   1. Service of Less than 31 Days. If your period of military service is less than 31 days, you must be available for Covered Employment on the next calendar day (so long as you had at least eight hours rest after returning home by normal transportation methods) following the end of service.
   2. Service of More than 30 and Less than 181 Days. If your military service lasts longer than 30 days but less than 181 days, you must be available for Covered Employment (which means registering at IBEW Local 6's dispatch office) no later than 14 days after completion of the military service.
   3. Service of More than 180 Days. If your leave from Covered Employment for military service exceeds 180 days, you must be available for Covered Employment (register at IBEW Local 6’s dispatch office) no later than 90 days after you have completed your military service.

2. Right to Certain Health Care Benefits Under the Plan.

1. Less than 31 Days of Service B One Month of Free Coverage. If you are absent from Covered Employment for less than 31 days, you may elect to continue your coverage under the Plan at its expense.


2. Absent for More than 30 Days. If you are absent from Covered Employment as a result of military service for more than 30 days, you may elect to purchase COBRA-like coverage for up to 24 months (the first month of which is at no cost to you, regardless of whether or not you elect to make COBRA-like payments). After that first 30 days, you will be required to pay a premium which is 102% of the Plan’s cost of the coverage. Typical rights under COBRA are for 18 months, rather than the longer 24 month period for veterans. USERRA’s continuation requirements are similar but not identical to COBRA’s requirements.
   
   Your absence for military service will trigger rights under both USERRA and COBRA statutes, and you are entitled to protection under the law that provides the most favorable benefit.


3. Hour Bank Frozen if Requested. Your hour bank reserves under the Plan will be frozen effective with the first of the month following the month that eligibility will be provided from your last hours of employment before entering a uniformed service. For example, if you last worked in January, you will have your hour bank frozen as of March, with coverage for April provided at the Plan’s expense. If you wish to continue coverage for up to the additional 23 months after April, you may then do so by timely remitting monthly COBRA-like payments to the Plan Office. After you return to Covered Employment (with proper notice and documentation), your hour bank will be reinstated in accordance with Plan rules.