The Justice Department’s announcement today of its filing of a lawsuit charging County Employees’ and Officers’ Annuity and Benefit Fund of Cook County (Cook Pension Plan) and Cook County with willfully violating the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by refusing to allow an employee to make catch up contributions to the employer’s pension plan when she returned from military leave. As the Obama Administration continues to withdraw troops from Afghanistan and other deployments, the suit is a timely reminder to employers of the importance of ensuring that their businesses properly honor the rights of returning service members under USERRA, the expanded military related medical leave rules of the Family & Medical Leave Act and other applicable laws.

USERRA & Other Reemployment Rights

USERRA generally provides that an individual who leaves a job to serve in the uniformed services is generally entitled to continue medical coverage…