Environment and National Resources Division
601 D Street, NW, Room 2909
Washington DC 20004 / Information for Employees Entering Military Active Duty for 30 Days or More
This document discusses how your civilian federal benefits will be effected when you enter active duty in the military for 30 days or more. Please read this information, make your elections on the attached form and return the form to the Office of Human Resources.
HEALTH INSURANCEContinuation of Health Insurance Coverage While on Active Duty. Employees who are covered by the Federal Employees Health Benefits Program (FEHB) and are either separated or placed in a leave without pay (LWOP) status to perform military service in support of a contingency operation may continue to be covered under the FEHB program for up to 24 months, unless the employee elects in writing to have the enrollment terminated. If the employee chooses to continue the FEHB, and the employee has been called to active duty in support of a contingency operation, the Department will pay the employee share of the premium.
If the employee’s military service is not in support of a contingency operation, the employee may continue to be covered under the FEHB program for up to 24 months.The employee is responsible for paying the employee share of the premium for the first 12 months and during the last 12 months of the 24-month period,the employee must pay both the employee and the federal government shares of the premium, plus an additional 2 percent of the total premium, on a current basis.
After the first 365 days the employee is responsible for paying the full premium (the employee share and the Government share), plus a 2 percent administrative fee. These premiums must be paid on a biweekly basis. The employee cannot incur a debt. At the end of 24 months, the employee’s FEHB coverage as a civilian will terminate. The employee will have a free 31-day extension of coverage during which the employee can convert to a nongroup policy. The employeewill not be eligible for Temporary Continuation of Coverage (TCC) at the end of the 24-month period.
Termination of Coverage While on Active Duty. If you donot want to continue the FEHB coverage while you are in nonpay status, you must elect in writing to have the FEHB coverage terminated. You will have a free 31-day extension of coverage and the right to convert to a private policy. The attached form, Election Notice Regarding Benefits When Entering Active Duty Military Service for 30 Days or More, can be used as your notice in writing to the Office of Human Resources to terminate your FEHB.
You can terminate your FEHB coverage anytime during the 24 months of continued coverage and it will not be considered a break in coverage for continuing FEHB coverage into retirement if:
- it is reinstated when you return to civilian duty;
- you reenroll within 60 days after returning to civilian duty; or
- you retire on an immediate annuity without returning to civilian duty.
If you elect to terminate your enrollment before you go on active duty, the termination will be effective at the end of the day before you are separated, furloughed, or placed on leave of absence entering military service. If you terminate any time during the 24 months, it will be effective at the end of the pay period in which the Office of Human Resources receives the request for termination.
If you elect to terminate your FEHB coverage you can reenroll during FEHB Open Season.
Note: Termination is not considered a break in coverage for purposes of meeting the 5-year/first opportunity requirement to continue FEHB into retirement.
TRICARE/FEHB. If you are eligible for the TRICARE program, you can terminate your FEHB coverage. This termination will not be considered a break in continuous enrollment necessary for continuing coverage during retirement. If you are involuntarily disenrolled from the TRICARE program, you will be eligible to immediately reenroll in the FEHB Program. Your request to reenroll must be received within the period beginning 31 days before and ending 60 days after your TRICARE coverage ends. Otherwise, you must wait until Open Season. More information about the TRICARE program can be obtained by calling 1-888-DOD LIFE (1-888-363-5433) or by going to the TRICARE website at
FEHB Coverage When You Return to Active Federal Service. When you are released from active duty and exercise your reemployment rights (return to the same position and activity within 5 years of separation) you will automatically be placed in the same health insurance coverage that you had before you entered active duty.
If you return from military duty after your enrollment terminated, but not in the exercise of reemployment rights, you must (if eligible for coverage) elect to enroll within 60 days after returning to civilian duty, the same as a new employee. You may elect to enroll for self only or for self and family in either option of any plan available.
If you were not enrolled in FEHB when you entered active duty, you may enroll within 60 days after your return to civilian service.
If you were enrolled in FEHB when you entered active duty you can change from a self only to self and family enrollment or elect another FEHB plan within 60 days after you return to civilian service. Your FEHB change will be effective the pay period after the Office of Human Resources receives your completed enrollment request and follows a pay period during any part of which you were in a pay status.
Federal Long Term Care Insurance Program (FLTCIP). If enrolled, in order to continue your FLTCP insurance, you must keep your premium payments current to avoid cancellation of your coverage; you must not incur a debt. It is your responsibility to contact LTC Partners at 1-800-582-3337 to discuss and/or change my payment option, for example, from payroll deduction to automatic bank withdrawal or direct bill. There is no provision in the USERRA that will allow the Department to pay your FLTCIP premiums while you are on active duty. You must keep your premiums current for your FLTCIP.
Federal Employees Dental and Vision Insurance Program (FEDVIP). You cancontinue coverage and pay premiums directly to BENEFEDS.comon a post-tax basis. Coverage will end if you do not make premium payments to BENEFEDS. Their contact number is 1-877-888-FEDS(1-877-888-3337). If you are returning from active duty and elected not to maintain coverage during your active military service, you may enroll in FEDVIP as a QLE (qualifying life event) within 60 days of your return to work.
Federal Flexible Spending Account Program (FSA). You can either prepay your election by accelerating your payroll allotments prior to your period of active duty or freeze your account. Contact FSA(1-877-FSAFEDS (372-3337) to inform them you will be in a non-pay status so they can freeze your account. When you return from duty, your current benefit period payroll allotments will be recalculated based on the number of pay dates remaining. If you return to duty during a new benefit period, you can make a new election which may include a qualifying life event.
LIFE INSURANCEContinuation of Life Insurance Coverage While on Active Duty. While you are in a nonpay status from your civilian position to perform active duty military service you can keep your Federal Employees’ Group Life Insurance (FEGLI) coverage for up to 24 months.
The FEGLI coverage is free during the first 12 months of your nonpay status. At the end of 12 months in nonpay status, you have the option of continuing FEGLI coverage for an additional 12 months of coverage. During the additional 12 months of coverage, you must pay both the employee and agency share of premiums.
You have two choices: (1) Elect to have your FEGLI coverage terminate at the end of the first 12 months of nonpay status or (2) elect to continue the coverage for an additional 12 months and agree to pay the premiums for this additional time period.
If you have FEGLI coverage and are killed, death benefits are payable to your designated beneficiaries. In addition to regular death benefits accidental death and dismemberment benefits are payable under Basic insurance (and Option A, if applicable) unless you die in actual combat.
FEGLI Coverage When You Return to Active Federal Service. When you return to a civilian position you will automatically be placed in the same life insurance coverage that you had before you entered active duty (unless the position is excluded from coverage).
RETIREMENTWhile you are in a nonpay status to perform active duty military service you will be covered by your current retirement system either the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). If you are killed while on active duty, death benefits will be paid as if you were still in the civilian position. If you become disabled for your civilian position while in a nonpay status and meet minimum civilian service requirements (5 years for CSRS, 18 months for FERS) you can apply for disability retirement benefits.
When you return to a civilian position the period of military service is creditable under either CSRS or FERS, but you must make a deposit subject to the rules for crediting military service. The deposit is the lesser of:
- 3% for FERS employees or 7% for CSRS employees of the military base pay
- Whatever the employee contribution would have been for the civilian service had the individual not entered into the military.
Interest begins to accrue each year subsequent to a 2 year interest-free grace period from the date of your return to a civilian position. You can eliminate the additional interest cost of such a deposit by making the deposit during the interest free grace period.
THRIFT SAVINGS PLAN (TSP)TSP While on Active Duty. You cannot make TSP contributions or receive agency contributions to your civilian TSP account while on active duty. Please see attached TSP Fact Sheet – Effect of Nonpay Status on TSP Participation.
You may be eligible to participate in TSP as a member of the uniformed service. Information about TSP for military personnel is available at
TSP Coverage When You Return to Active Federal Service. When you return to a position covered by the Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS) you may make up missed TSP contributions. This also applies to TSP-Catch-Up Contributions if you are age 50 or older.
You should submit a written request to Office of Human Resources within 60 days of the date of your reemployment or restoration to federal civilian service to make up eligible missed TSP contributions.
If you are a FERS employees you are entitled to receive retroactive Agency Automatic (1 percent) Contributions and, if you make up your own contributions, retroactive Agency Matching Contributions.
If you separated and forfeited your Agency Automatic (1 percent) Contributions and associated earnings because you did not meet the TSP vesting requirement, you are entitled to have these funds restored to your account after you are reemployed. In addition, if you separated and your TSP account was disbursed as an automatic cash out, you may return to the TSP an amount equal to the full amount of the payment after you are reemployed.
TSP Loans: Follow-up with the Office of Human Resources to ensure a TSP-41, Notification to TSP of Non Pay Status is transmitted to TSP so that your loan payments will be placed on hold until you return to a pay status and they can restart. Notify TSP within 90 days of your return to civilian service if a taxable distribution was declared on your loan while you were on active military duty. This taxable distribution can be reserved.
LEAVEYour leave status will be leave without pay because of your service in the uniformed services unless you:
- Elect to use other leave.
- Freely and knowingly provides written notice of intent not to return to a position with the agency in which case you can be separated.
- Employees performing uniformed service must be permitted, upon request, to use any accrued annual leave, military leave, earn compensatory time off for travel or accrued sick leave (consistent with the statutory and regulatory criteria for using sick leave) intermittently with leave without pay.
- Agencies may not require an employee to use any particular leave during the period of uniformed services.
- An employee may be charged military leave only for hours that the employee would otherwise have worked and received pay.
Excused Absence for Returning Reservists:
•A federal employee (including a National Guard or Reserve member) returning from active military duty in the Global War on Terrorism is entitled to receive 5 days of excused absence upon return from each deployment, as long as the deployment was for at least 42 consecutive days
•The commencement of the 5 days of excused absence represents a return to federal civilian employment, and the employee is obligated to report for work at the end of the 5-day period
PAYThere will be no reduction in your pay while serving in the uniformed services or National Guard. Effective March 15, 2009, under 5 U.S.C. 5538, employing agencies must pay differential payments to eligible federal civilian employees who are members of the Reserve or National Guard ("reservists") called or ordered to active duty under certain specified provisions of law. Federal agencies must provide a payment—a "reservist differential"—equal to the amount by which an employee’s projected civilian "basic pay" for a covered pay period exceeds the employee’s actual military "pay and allowances" allocable to that pay period.
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ELECTION NOTICE REGARDING BENEFITS WHEN ENTERING ACTIVE DUTYMILITARY SERVICE FOR 30 DAYS OR MORE
Name: / SSN: / Address:
Please complete your election regarding benefits, sign this acknowledgment and return to:
U.S. Department of Justice
Environment and Natural Resources Division
600 D Street, NW, Room 2909
Washington DC 20004
HEALTH INSURANCE
I want to terminate my FEHB. I understand that if I terminate before I go on active duty, the termination is effective at the end of the day before I separate, furlough or am placed on leave of absence entering military service. My date of separation, furlough or placed on leave of absence is ______. I am attaching a copy of my military orders. If I elect to terminate any other time during the 24 months, the termination will be effective at the end of the pay period in which the Office of Human Resources receives my written request to terminate.
CONTINUE FEHB ENROLLMENT AND PAY THE PREMIUM OR INCUR A DEBT.
I elect to continue my FEHB while on active duty and incur a debt to be paid upon my return.
I elect to continue my FEHB while on active duty and pay the premiums on a continuing basis during my absence. I will mail a check or money order for the biweeklypremium to the NationalFinanceCenter. I will include my name, social security number, a note that the payment is for “FEHB premium” and the pay period for which the payment is being made.
Make Checks Payable To: / Mail Check To:
U.S. Department of Justice / U.S. Department of Justice
Environment and Natural Resources Division
600 D Street, NW, Room 2909
Washington, DC 20004
LIFE INSURANCE
If enrolled, I understand that my FEGLI coverage will continue for 12 months with no cost to me.
I elect to terminate my FEGLI coverage at the end of 12 months in a nonpay status, subject to a 31-day extension of coverage and the right to convert to an individual policy. I understand that the coverage will be reinstated automatically upon my return to work and duty status in a FEGLI eligible position.
I elect to continue my FEGLI coverage for an additional 12 months after completion of my first 12 months in a nonpay status. By choosing to continue coverage I agree to pay the applicable premiums, both the employee and agency share for Basic coverage and the full premiums for Optional coverage, for each additional month after the first 12 months in a nonpay status. My failure to pay the premiums within the required timeframe will constitute a voluntary cancellation of my coverage, subject to the 31-day extension of coverage and right to convert to an individual policy.
RETIREMENT
I understand that if I am placed on LWOP, death and disability benefits will continue under my current retirement system.
I understand that the military service is potentially creditable service and is subject to the CSRS or FERS rules for crediting military service and I must make any necessary deposits.
THRIFT SAVINGS PLAN
If enrolled, I understand that if I am restored to my civilian position, I may make retroactive contributions and elections and I will contact the Office of Human Resources when I return to my civilian position.
EMPLOYEE ACKNOWLEDGMENT
I have read the information provided regarding my benefits and understand my election described above.
Employee Signature / Daytime Phone Number / Date
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