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2006 Procedures Manual
General Information
| Military Leave | Types
of Leave |
Agencies Reporting Layoffs to MOSERS
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General
Information |
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| A leave of absence approved
by the agency ensures that no break in service
occurs. It is important to remember, however,
that an approved leave of absence does not guarantee
a member will receive creditable service for
the period of time on leave.
Members off Payroll
When a member is off payroll, you must submit
a Leave
of Absence/Back to Work form to notify
MOSERS of the leave. This form should be submitted
in a timely manner so members are not behind
on direct bill payments.
Members Returning to Work
When the member returns to work, this form must
be completed again to remove him/her from direct
bill status. This will ensure the member does
not pay direct bill premiums because he/she
is back to work.
Illness Leave
In calculating the highest 36 months of service,
members can receive salary credit based on the
amount of compensation the member would have
received had he/she been actively at work. This
means we need to know when a member is on an
illness leave for himself/herself, even if he/she
is receiving partial pay.
A leave of absence due to a member’s
illness is creditable service for a period of
time up to one year. Additionally, in months
where the member does not receive a full paycheck
(or does not receive any pay) due to his/her
illness, MOSERS will give credit for a full
month’s salary as if the member had worked.
Therefore, it’s very important that MOSERS
is notified when these situations occur in order
for average compensation (high 36) to be calculated
correctly.
If the member is on an illness leave for himself/herself,
please submit a leave form even though the member
is receiving pay. During a leave, the member
is not required to retain coverage.
MOSERS Will Automatically Bill Members
MOSERS will automatically bill the member for
basic life insurance, optional life insurance,
and LTD coverage. Do not do 1DED (one time deduction)
transactions for basic and LTD while a member
is on leave. These are due from the employee
and not the state.
If a member terminated optional life coverage
while on leave, coverage will be reinstated
automatically when the member returns to work
at the same level of coverage. They will NOT
have to prove insurability.
FMLA
If a member goes on a leave of absence under
the Family Medical Leave Act (FMLA) for a family
member, he/she will be eligible to receive service
credit for up to 12 weeks. After 12 weeks, the
leave is no longer creditable.
The Standard life insurance contract states
a member must have basic life insurance in order
to insure their child(ren) with optional coverage.
To retain child(ren) coverage while on a leave
of absence, the member must continue his/her
basic coverage.
Important
Note: Only submit leave forms
for members on an invalid leave if they
are going to miss a full payroll cycle. |
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Military
Leave |
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If a member is called to or volunteers for
active military duty, the Uniformed Services
Employment and Reemployment Rights Act (USERRA)
protects the member’s employment and
benefit rights, provided the member meets
the eligibility requirements set forth by
law.
Service Credit
Upon returning from military leave, the member
may be eligible to receive credit in MOSERS
for active-duty military service. This service
will be used in determining the amount of
and eligibility for a retirement benefit.
To be eligible for military service
credit, the member must:
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Have been employed by the
state immediately prior to entering the
armed forces.
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Return to state employment
within the timeframe specified by USERRA.
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Provide you with a copy
of their honorable discharge and or military
DD214 form or other pertinant proof documents
if military service lasts more than 30 days.
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Meet any other requirements
under USERRA.
| USERRA Guideline
for Returning to State Employment After
Military Leave |
| 1-30
Days |
Member must report for work
by the beginning of the first regularly
scheduled work day that falls 8 hours
after you return home. |
| 31-180
Days |
Member must submit an application
for reemployment no later than 14
days after completion of military
service. |
| 181+
Days |
Member must submit an application
for reemployment no later than 90
days after completion of military
service. |
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Life Insurance
Members on military leave may keep basic,
optional, and dependent life insurance coverage
for the duration of deployment by paying the
required premium. During this time, they will
be billed for the monthly premiums. Should the
member die while on active military duty, the
insurance benefit will be paid to the designated
beneficiary(ies).
Dependent Coverage
In order to retain dependent life insurance
coverage, the member must retain his/her own
coverage. The premiums for dependent coverage
will be included in the monthly billing.
If the MOSERS life insurance coverage is cancelled,
it will be reinstated at the same level of coverage
when the member returns to work for the state
in a benefit eligible position.
Long-Term Disability
Members on military leave may keep long-term
disability (LTD) coverage for up to one year
by paying the required premium. During this
time, they will be billed for the monthly premium.
If the MOSERS LTD coverage is cancelled, it
will be reinstated if the member returns to
work for the state in a benefit eligible position.
Members
will not be covered for any long-term
disability caused or contributed to by
war or any act of war. War means declared
or undeclared war, whether civil or international,
and any substantial armed conflict between
organized forces of a military nature.
LTD coverage will end on the earlier
of the following events:
- The last day of the calendar
month in which the required premiums
are paid.
- The last day of the pay period
coinciding with one year from the member’s
last day at work.
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Types
of Leave |
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| Types of Leave |
Code |
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| Medical Leave for Member |
LVI9 |
- The member can earn up to one year of creditable
service for retirement.
- The member can keep basic life, optional
life, and long-term disability (LTD) insurance
coverage for up to one year if the member
pays the premiums.
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| Workers' Compensation |
LVWC |
- The member can earn up to one year of creditable
service for retirement.
- Basic life insurance will be paid by the
agency if the member is receiving workers'
compensation benefits, otherwise the member
can keep basic and optional life insurance
coverage for up to one year if the member
pays the premiums.
- LTD insurance will be paid by the agency
if the member is receiving workers' compensation
benefits. Otherwise, the member can keep LTD
insurance coverage for up to one year if the
member pays the premiums.
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Family
Leave for Family Member
(as of 8/28/02) |
LVFM |
- The member earns service credit up to 12
weeks.
- The member can keep basic life, optional
life, and LTD insurance coverage for up to
one year if the member pays the premiums.
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| Layoff |
LVLL |
- The member does not earn creditable service.
- The member can keep basic life, optional
life, and LTD insurance coverage for up to
one year as long as the member pays the premiums.
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| Military
Leave |
LVMI or LVMV |
- The member can earn creditable service for
active duty, but not until the DD214 is submitted
to the employer and USERRA compliance is verified
(see the "Military
Leave" section for more information).
- The member can keep basic and optional life
insurance coverage for the duration of deployment
by paying the premiums.
- LTD benefits may be retained for up to one
year by paying the premiums.
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| Leave Other |
LVOT |
- The member does not earn creditable service.
- The member can keep basic life, optional
life, and LTD insurance coverage for up to
one year if the member pays the premiums.
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Leave of Absence/Back to Work:
A leave of absence due to a member’s
illness is creditable service for a period up to one
year. Additionally, in months where the member does
not receive a full paycheck (or does not receive any
pay) due to his/her illness, MOSERS will give credit
for that pay period’s salary as if the member
had worked. Therefore, it’s very important that
MOSERS is notified when these situations occur. Please
coordinate payroll and personnel information. If a
member is on the payroll, but not back to work, send
MOSERS a memo explaining why. (Any time you send a
memo concerning payroll, please include your agency/fund/appropriation
number.) Members on a leave of absence must pay the
direct bill rate to retain life insurance and long-term
disability coverage. If a direct bill is not paid,
coverage is terminated at the end of the pay period
for which premiums were paid. If a member terminated
optional life coverage while on leave, coverage will
be reinstated automatically when the member returns
to work at the same level of coverage.
Example of Leave of Absence Back to Work
form below:

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Agencies
Reporting Layoffs to MOSERS |
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A layoff occurs when an employer lays
off an employee by reason of:
- a shortage of work or funds.
- the abolition of the position.
- other material change in the duties
or organization.
- other related reasons which are outside
the employee’s control and which
do not reflect poor job performance
by the employee.
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Reporting layoffs is different than reporting
a typical termination.
Agencies must report any employees who are laid
off by sending MOSERS a leave of absence form
(not a termination form). Laid off employees
are eligible to continue their life insurance
and long-term disability coverage for up to
one year.When MOSERS receives the leave of absence
form, we will work directly with the employee
to determine if life insurance and long-term
disability coverage are to be continued. If
the employee has not returned to work once the
one year layoff period ends, MOSERS will automatically
terminate the service record and any life or
LTD coverage still in effect.
Laid off employees do not accrue creditable
service for the time they are laid off. If a
laid off employee returns to state employment
within one year, their prior service will be
immediately reinstated upon reemployment. If
a laid off employee that is not vested returns
to work after a break in service of one year,
the employee must be continuously employed for
one year before their prior service is reinstated.
Accurately reporting employees who are laid
off will assist us in providing the benefits
to which these employees are entitled.
If you have any questions on reporting layoffs
to MOSERS or about the provision of benefits
to laid off employees, please contact MOSERS
at (800) 827-1063 or (573) 632-6100.
If you have questions about layoffs for state
employees in general, and under the Merit System
in particular, please contact the Pay, Leave
and Reporting Section of the Division of Personnel
at (573) 522-1258.
For your convenience, MOSERS provides a Merit
System Service report for employers that have
secure access. |
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