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Get Credit for Military Service Under USERRA?


USERRA Protection

If you served as an active member of the U.S. military while employed with a TMRS city, you are protected under USERRA, a federal law that allows employees who have left work to serve in the military to reinstate their city time as if they had never left. If you are called to active duty while employed with the city, USERRA allows you to claim your time credit, and you also have the right to purchase the service by making the contributions to your account that would have occurred during your military leave. The city sends in matching funds (at the current city rate) when the member submits payment (whether partial or whole payment).

How to Get Credit Under USERRA

  1. Determine if you qualify:
    • You were on military leave and returned to employment on or after December 12, 1994
    • You were released/discharged under honorable conditions
    • You were reemployed by the city within 90 days of your release/discharge
  2. If you qualify, fill out the USERRA Military Service Credit Application (TMRS-92). You will need to certify this form.
  3. Have your City Correspondent certify the bottom portion of the application. If you or your city representative need help with the details of this form, call TMRS.
  4. Send the form, any payment you wish to make, and a copy of your Certificate of Release or Discharge from Active Duty (DD-214) to TMRS.

NOTE: Payment of your missed retirement contributions (the amount filled in by your city official) is optional, and you have until December 31 of the fifth calendar year after the year of reemployment to submit any or all retirement contributions up to your maximum contribution amount.

What Happens Next?

Your account will be credited with the number of months of service credit equal to your military leave (not to exceed 60 months).

The city makes payments to TMRS. The city will match any contributions you make towards your USERRA.

After we receive payment, we will send you a confirmation letter. Your additional contributions will be reflected in your account records and Annual Statement.

USERRA is a federal law, the Uniformed Services Employment and Reemployment Rights Act, enacted to protect the retirement rights of employees who serve in the military during their city employment. USERRA credit applies to all TMRS cities.

USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

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