Are you a Guard or Reserve member who is being mobilized? Do you want to keep your present health insurance rather than get Tricare? If so, you have the right to under federal law.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides protection when a Guard or reserve member (or their dependent) has health insurance in connection with their civilian job, and the service member is absent from their civilian job due to military service.
The law says that the service member may elect to continue their health care coverage for up to the lesser of:
- the 24-month period beginning on the date on which their absence begins; or
- the day after the date on which they fail to apply for or return to work.
A service member who elects to continue health-plan coverage can't be required to pay more than 102% of the normal full premium under this law, except in the case of a service member who performs less than 31 days service. Those members can't be required to pay more than the normal employee share of their health plan coverage.
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