Common use of Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA Clause in Contracts

Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA. Employees going on a military leave of absence to perform “service in the United States uniformed services” (as that term is defined under USERRA) may elect to continue coverage under this Benefit Plan for up to 24 months from the date that the employee leaves for service. Only a covered employee may elect continuation coverage under USERRA for himself/herself and for those eligible Dependents that were covered under the Plan immediately before him/her leaving for military service. Dependents do not have any independent right to elect USERRA continuation coverage. To claim USERRA continuation coverage, the employee must properly notify the employer that he/she is leaving to perform “service in the uniformed services” and apply for continuation coverage as required by the employer. An employee who elects USERRA continuation coverage may be required to pay a premium. If the leave of absence lasts thirty (30) days or less, the person may be required to pay the employee’s required contribution for coverage. However, if the military leave of absence lasts more than thirty (30) days, the person may be required to pay up to 102% of the full contribution under the Plan (including both, the employer’s and the employee’s contribution for coverage). USERRA continuation coverage may be terminated before the maximum 24 month period if: The employee fails to pay the required premiums timely, or The day after the date on which the employee is required under the law to apply for or return to a position of employment and fails to do so. Employers subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may choose to provide USERRA continuation coverage rights concurrently with COBRA continuation coverage, as allowed by law. Each employer acts independently in choosing how to apply this provision and is not reflective of any guidelines issued from BCBSLA. In all cases, the employer should be consulted on how this provision applies to their employer group sponsored plan. Please contact your employer to ask for more details on how USERRA and other continuation coverage rights apply to You.

Appears in 4 contracts

Samples: Limited Benefit Contract, Limited Benefit Contract, Limited Benefit Contract

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Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA. ‌‌ Employees going on a military leave of absence to perform “service in the United States uniformed services” (as that term is defined under USERRA) may elect to continue coverage under this Benefit Plan for up to 24 months from the date that the employee leaves for service. Only a covered employee may elect continuation coverage under USERRA for himself/herself and for those eligible Dependents that were covered under the Plan immediately before him/her leaving for military service. Dependents do not have any independent right to elect USERRA continuation coverage. To claim USERRA continuation coverage, the employee must properly notify the employer that he/she is leaving to perform “service in the uniformed services” and apply for continuation coverage as required by the employer. An employee who elects USERRA continuation coverage may be required to pay a premium. If the leave of absence lasts thirty (30) days or less, the person may be required to pay the employee’s required contribution for coverage. However, if the military leave of absence lasts more than thirty (30) days, the person may be required to pay up to 102% of the full contribution under the Plan (including both, the employer’s and the employee’s contribution for coverage). USERRA continuation coverage may be terminated before the maximum 24 24-month period if: The employee fails to pay the required premiums timely, or The day after the date on which the employee is required under the law to apply for or return to a position of employment and fails to do so. Employers subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may choose to provide USERRA continuation coverage rights concurrently with COBRA continuation coverage, as allowed by law. Each employer acts independently in choosing how to apply this provision and is not reflective of any guidelines issued from BCBSLA. In all cases, the employer should be consulted on how this provision applies to their employer group sponsored plan. Please contact your employer to ask for more details on how USERRA and other continuation coverage rights apply to You.

Appears in 2 contracts

Samples: Benefit Contract, Benefit Contract

Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA. Employees going on a military leave of absence to perform “service in the United States uniformed services” (as that term is defined under USERRA) may elect to continue coverage under this Benefit Plan for up to 24 months from the date that the employee leaves for service. Only a covered employee may elect continuation coverage under USERRA for himself/herself and for those eligible Dependents that were covered under the Plan immediately before him/her leaving for military service. Dependents do not have any independent right to elect USERRA continuation coverage. To claim USERRA continuation coverage, the employee must properly notify the employer that he/she is leaving to perform “service in the uniformed services” and apply for continuation coverage as required by the employer. An employee who elects USERRA continuation coverage may be required to pay a premium. If the leave of absence lasts thirty (30) days or less, the person may be required to pay the employee’s required contribution for coverage. However, if the military leave of absence lasts more than thirty (30) days, the person may be required to pay up to 102% of the full contribution under the Plan (including both, the employer’s and the employee’s contribution for coverage). USERRA continuation coverage may be terminated before the maximum 24 24-month period if: The employee fails to pay the required premiums timely, or The day after the date on which the employee is required under the law to apply for or return to a position of employment and fails to do so. Employers subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may choose to provide USERRA continuation coverage rights concurrently with COBRA continuation coverage, as allowed by law. Each employer acts independently in choosing how to apply this provision and is not reflective of any guidelines issued from BCBSLA. In all cases, the employer should be consulted on how this provision applies to their employer group sponsored plan. Please contact your employer to ask for more details on how USERRA and other continuation coverage rights apply to You.

Appears in 2 contracts

Samples: Limited Benefit Contract, Limited Benefit Contract

Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA. Employees going on a military leave of absence to perform service in the United States uniformed services” services (as that term is defined under USERRA) may elect to continue coverage under this Benefit Plan for up to 24 months from the date that the employee leaves for service. Only a covered employee may elect continuation coverage under USERRA for himself/herself and for those eligible Dependents that were covered under the Plan immediately before him/her leaving for military service. Dependents do not have any independent right to elect USERRA continuation coverage. To claim USERRA continuation coverage, the employee must properly notify the employer that he/she is leaving to perform service in the uniformed services” services and apply for continuation coverage as required by the employer. An employee who elects USERRA continuation coverage may be required to pay a premium. If the leave of absence lasts thirty (30) days or less, the person may be required to pay the employee’s required contribution for coverage. However, if the military leave of absence lasts more than thirty (30) days, the person may be required to pay up to 102% of the full contribution under the Plan (including both, the employer’s and the employee’s contribution for coverage). USERRA continuation coverage may be terminated before the maximum 24 24-month period if: The employee fails to pay the required premiums timely, or The day after the date on which the employee is required under the law to apply for or return to a position of employment and fails to do so. Employers subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may choose to provide USERRA continuation coverage rights concurrently with COBRA continuation coverage, as allowed by law. Each employer acts independently in choosing how to apply this provision and is not reflective of any guidelines issued from BCBSLABlue Cross and Blue Shield of Louisiana. In all cases, the employer should be consulted on how this provision applies to their employer group sponsored plan. Please contact your employer to ask for more details on how USERRA and other continuation coverage rights apply to You. GENERAL PROVISIONS – GROUP/POLICYHOLDER AND MEMBERS‌‌‌ THE FOLLOWING GENERAL PROVISIONS ARE APPLICABLE TO THE GROUP/POLICYHOLDER AND ALL MEMBERS. The Group enters into this Benefit Plan on behalf of the eligible individuals enrolling under this Benefit Plan. Acceptance of this Benefit Plan by the Group is acceptance by and binding upon those who enroll as Subscribers and Dependents. The Benefit Plan This Benefit Plan, including the Group’s acceptance of the Company’s proposal, Application, Enrollment Forms, Benefit change forms and renewal forms and documentation, expressing the entire money and other consideration for coverage, the Schedule of Benefits, and any amendments or endorsements, constitutes the entire contract between the parties. Except as specifically provided herein, this Benefit Plan will not make the Company liable or responsible for any duty or obligation imposed on the Employer by federal or state law or regulations. To the extent that this Benefit Plan may be an employee welfare benefit plan as defined in the Employee Retirement Income Security Act of 1974 ( ERISA), as amended, the Group will be the administrator of employee welfare benefit plan and will be solely responsible for meeting any obligations imposed by law or regulation on the administrator of the plan, except those specifically undertaken by the Company herein. To the extent this Benefit Plan provides Benefits for the treatment of certain injuries, exclusions to those covered Benefits do not apply to an extent inconsistent with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended. Benefits are available to the Member for illness or bodily injury otherwise covered under the Benefit Plan when the illness or bodily injury arises out of an act of domestic violence or a medical condition, including both physical and mental health conditions or for Emergency Medical Services. To the extent this Benefit Plan is subject to COBRA, the Group, or its contracted designee, will be the administrator for the purposes of COBRA. The Group is responsible for establishing and following all required COBRA procedures that may be applicable to the Group. The Group will indemnify and hold the Company harmless in the event the Company incurs any liability as a result of the Group’s failure to do so. The Company will not be liable for or on account of any fault, act, omission, negligence, misfeasance, malfeasance or malpractice on the part of any Hospital or other institution, or any agent or Employee, or on the part of any Physician, Allied Provider, nurse, technician or other person participating in or having to do with Your care or treatment. The Company has full discretionary authority to figure eligibility for Benefits or to construe the terms of this Benefit Plan. Members that disagree with the Company’s determination may pursue any applicable procedures available under the terms of this Benefit Plan and the law. The Company shall have the right to enter into any contractual agreements with subcontractors, healthcare providers or other third parties for this Plan. Any of the functions to be performed by the Company under this Benefit Plan may be performed by the Company or any of its subsidiaries, affiliates, subcontractors, or designees.

Appears in 1 contract

Samples: Limited Benefit Contract

Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA. Employees going on a military leave of absence to perform service in the United States uniformed services” services (as that term is defined under USERRA) may elect to continue coverage under this Benefit Plan for up to 24 months from the date that the employee leaves for service. Only a covered employee may elect continuation coverage under USERRA for himself/herself and for those eligible Dependents that were covered under the Plan immediately before him/her leaving for military service. Dependents do not have any independent right to elect USERRA continuation coverage. To claim USERRA continuation coverage, the employee must properly notify the employer that he/she is leaving to perform service in the uniformed services” services and apply for continuation coverage as required by the employer. An employee who elects USERRA continuation coverage may be required to pay a premium. If the leave of absence lasts thirty (30) days or less, the person may be required to pay the employee’s required contribution for coverage. However, if the military leave of absence lasts more than thirty (30) days, the person may be required to pay up to 102% of the full contribution under the Plan (including both, the employer’s and the employee’s contribution for coverage). USERRA continuation coverage may be terminated before the maximum 24 24-month period if: The employee fails to pay the required premiums timely, or The day after the date on which the employee is required under the law to apply for or return to a position of employment and fails to do so. Employers subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may choose to provide USERRA continuation coverage rights concurrently with COBRA continuation coverage, as allowed by law. Each employer acts independently in choosing how to apply this provision and is not reflective of any guidelines issued from BCBSLA. In all cases, the employer should be consulted on how this provision applies to their employer group sponsored plan. Please contact your employer to ask for more details on how USERRA and other continuation coverage rights apply to You. GENERAL PROVISIONS – GROUP/POLICYHOLDER AND MEMBERS‌‌‌ The Benefit Plan This Benefit Plan, including the application for Group vision coverage, the Schedule of Vision Benefits, and any attached amendments or endorsements, constitute the entire contract between the parties. To the extent that this Benefit Plan may not comply with any federal or state law enacted after its drafting, provisions necessary for such compliance shall be deemed incorporated and the Benefit Plan shall be administered accordingly. Except as specifically provided herein, this Benefit Plan will not make the Company liable or responsible for any duty or obligation imposed on the employer by federal or state law or regulations. To the extent that this Benefit Plan may be an employee welfare benefit plan as defined in the Employee Retirement Income Security Act of 1974 (ERISA), as amended, the Group will be the administrator of such employee welfare benefit plan and will be solely responsible for meeting any obligations imposed by law or regulation on the administrator of the plan, except those spec ifically undertaken by the Company herein. To the extent this Benefit Plan is subject to COBRA, the Group, or its contracted designee, will be the administrator for the purposes of COBRA. The Group is responsible for establishing and following all required COBRA procedures that may be applicable to the Group. The Group will indemnify and hold the Company harmless in the event the Company incurs any liability as a result of the Group’s failure to do so. The Company will not be liable for or on account of any fault, act, omission, negligence, misfeasance, malfeasance or malpractice on the part of any Provider or his agent or employee or other person participating in or having to do with the care or treatment of a Member. The Company will have full discretionary authority to determine eligibility for Benefits and/or construe the terms of this Benefit Plan. The Company shall have the right to enter into any contractual agreements with subcontractors, Providers or other third parties relative to this Benefit Plan. Any of the functions to be performed by the Company under this Benefit Plan may be performed by Us or any of Our subsidiaries, affiliates, subcontractors, or designees.

Appears in 1 contract

Samples: Benefit Contract

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Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA. Employees going on a military leave of absence to perform service in the United States uniformed services” services (as that term is defined under USERRA) may elect to continue coverage under this Benefit Plan for up to 24 months from the date that the employee leaves for service. Only a covered employee may elect continuation coverage under USERRA for himself/herself and for those eligible Dependents that were covered under the Plan immediately before him/her leaving for military service. Dependents do not have any independent right to elect USERRA continuation coverage. To claim USERRA continuation coverage, the employee must properly notify the employer that he/she is leaving to perform service in the uniformed services” services and apply for continuation coverage as required by the employer. An employee who elects USERRA continuation coverage may be required to pay a premium. If the leave of absence lasts thirty (30) days or less, the person may be required to pay the employee’s required contribution for coverage. However, if the military leave of absence lasts more than thirty (30) days, the person may be required to pay up to 102% of the full contribution under the Plan (including both, the employer’s and the employee’s contribution for coverage). USERRA continuation coverage may be terminated before the maximum 24 24-month period if: The employee fails to pay the required premiums timely, or The day after the date on which the employee is required under the law to apply for or return to a position of employment and fails to do so. Employers subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may choose to provide USERRA continuation coverage rights concurrently with COBRA continuation coverage, as allowed by law. Each employer acts independently in choosing how to apply this provision and is not reflective of any guidelines issued from BCBSLABlue Cross and Blue Shield of Louisiana. In all cases, the employer should be consulted on how this provision applies to their employer group sponsored plan. Please contact your employer to ask for more details on how USERRA and other continuation coverage rights apply to You. GENERAL PROVISIONS – GROUP/POLICYHOLDER AND MEMBERS‌‌‌ THE FOLLOWING GENERAL PROVISIONS ARE APPLICABLE TO THE GROUP/POLICYHOLDER AND ALL MEMBERS. The Group enters into this Benefit Plan on behalf of the eligible individuals enrolling under this Benefit Plan. Acceptance of this Benefit Plan by the Group is acceptance by and binding upon those who enroll as Subscribers and Dependents. The Benefit Plan This Benefit Plan, including the Group’s acceptance of the Company’s proposal, Application, Enrollment Forms, Benefit change forms and renewal forms and documentation, expressing the entire money and other consideration for coverage, the Schedule of Benefits, and any amendments or endorsements, constitutes the entire contract between the parties. Except as specifically provided herein, this Benefit Plan will not make the Company liable or responsible for any duty or obligation imposed on the Employer by federal or state law or regulations. To the extent that this Benefit Plan may be an employee welfare benefit plan as defined in the Employee Retirement Income Security Act of 1974 (ERISA), as amended, the Group will be the administrator of such employee welfare benefit plan and will be solely responsible for meeting any obligations imposed by law or regulation on the administrator of the plan, except those specifically undertaken by the Company herein. To the extent this Benefit Plan is subject to COBRA, the Group, or its contracted designee, will be the administrator for the purposes of COBRA. The Group is responsible for establishing and following all required COBRA procedures that may be applicable to the Group. The Group will indemnify and hold the Company harmless in the event the Company incurs any liability as a result of the Group’s failure to do so. The Company will not be liable for or on account of any fault, act, omission, negligence, misfeasance, malfeasance or malpractice on the part of any Provider or his agent or employee or other person participating in or having to do with the care or treatment of a Member. The Company has full discretionary authority to determine eligibility for Benefits or to construe the terms of this Benefit Plan. Members that disagree with the Company’s determination may pursue any applicable procedures available under the terms of this Benefit Plan and the law. The Company shall have the right to enter into any contractual agreements with subcontractors, Providers or other third parties relative to this Benefit Plan. Any of the functions to be performed by the Company under this Benefit Plan may be performed by Us or any of Our subsidiaries, affiliates, subcontractors, or designees.

Appears in 1 contract

Samples: Benefit Contract

Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA. Employees going on a military leave of absence to perform service in the United States uniformed services” services (as that term is defined under USERRA) may elect to continue coverage under this Benefit Plan for up to 24 months from the date that the employee leaves for service. Only a covered employee may elect continuation coverage under USERRA for himself/herself and for those eligible Dependents that were covered under the Plan immediately before him/her leaving for military service. Dependents do not have any independent right to elect USERRA continuation coverage. To claim USERRA continuation coverage, the employee must properly notify the employer that he/she is leaving to perform service in the uniformed services” services and apply for continuation coverage as required by the employer. An employee who elects USERRA continuation coverage may be required to pay a premium. If the leave of absence lasts thirty (30) days or less, the person may be required to pay the employee’s required contribution for coverage. However, if the military leave of absence lasts more than thirty (30) days, the person may be required to pay up to 102% of the full contribution under the Plan (including both, the employer’s and the employee’s contribution for coverage). USERRA continuation coverage may be terminated before the maximum 24 24-month period if: The employee fails to pay the required premiums timely, or The day after the date on which the employee is required under the law to apply for or return to a position of employment and fails to do so. Employers subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may choose to provide USERRA continuation coverage rights concurrently with COBRA continuation coverage, as allowed by law. Each employer acts independently in choosing how to apply this provision and is not reflective of any guidelines issued from BCBSLABlue Cross and Blue Shield of Louisiana. In all cases, the employer should be consulted on how this provision applies to their employer group sponsored plan. Please contact your employer to ask for more details on how USERRA and other continuation coverage rights apply to You.

Appears in 1 contract

Samples: Limited Benefit Contract

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