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Members

WRS Military Service Credit - USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law providing certain pension rights to employees returning from uniformed service. USERRA generally provides for service credit and contributions related to your military leave of absence.

Use the USERRA Certification Form (ET-4560) to apply for WRS military service credit under USERRA.

The United States Department of Labor considers USERRA to be a restatement and clarification of veterans’ reemployment rights laws dating back to 1940. USERRA’s reemployment provisions were effective December 12, 1994. It applies to uniformed service in the:

  • Army, Navy, Marine Corps, Air Force and Coast Guard
  • Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve and Coast Guard Reserve
  • Army National Guard and Air National Guard
  • Commissioned Corps of the Public Health Service
  • Any other category of persons designated by the president in time of war or emergency

It applies to the following types of service:

  • Active duty and active duty for training
  • Initial active duty for training
  • Inactive duty training
  • Full-time National Guard duty
  • Absence from work for an examination to determine a person’s fitness for any of the above types of duty
  • Funeral honors duty performed by National Guard or Reserve members
  • Duty performed by intermittent employees of the National Disaster Medical System (NDMS), which is part of the Department of Health and Human Services, when activated for a public health emergency, and approved training to prepare for such service

USERRA requires that:

  • you return to employment with your pre-military service employer within a certain time frame;
  • you provided notice of your service to your employer; and
  • your discharge was other than dishonorable.

Federal USERRA law is similar to the Wisconsin-based Continuous Military Service Credit. Generally, the USERRA law is broader and provides a potentially greater benefit to members. For more information, visit the Continuous Military Service Credit page.

Frequently Asked Questions:

What type of retirement credit does USERRA provide?

Under USERRA, who pays for the Wisconsin Retirement System (WRS) contributions I missed while on military leave?

What responsibility does my employer have when I assert my right to WRS credit under USERRA?

What responsibilities do I have in connection with my pension rights under USERRA?

What is the difference between USERRA and WRS Continuous Military Service Credit?

Related Information:

Information for Military Service Members Regarding 2011 Wisconsin Acts 10 and 32

The Department of Labor’s USERRA Fact Sheet explains other requirements to qualify for pension credit under USERRA.

USERRA law: Title 38 of the United States Code and Title 20 of the United States Code of Federal Regulations

Use the USERRA Certification Form (ET-4560) to apply for WRS military service credit under USERRA.

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