MILITARY LEAVE BENEFIT SUMMARY
The
following is comprised of excerpts from the FedEx Pilot Benefit book and
various sections of USERRA. Company policy can never supersede or be more
restrictive than federal benefits as outlined in USERRA.
NOTIFICATION
USERRA
4312
Under USERRA, the
employee (or an officer from his/her military unit) must give the employer
advance notice (either written or verbal) of upcoming military service of any
type. Otherwise, the employee will not be eligible for reemployment protection
following the period of military service. The only exceptions to the
notification requirement would be if the giving of notice is precluded by
military necessity (e.g., a classified recall) or if it is otherwise impossible
or unreasonable to give notice. These exceptions to the notice requirement are
expected to be very rare. It is best for the employee to give an employer as
much advance notice as possible.
Generally
speaking, the Uniformed Services Employment and Reemployment Rights Act
(USERRA) provides that employees who return from a period of military service
which does not exceed 5 years (or such longer period as may be required by the
employee's military orders) will be restored to their previous employment
position with such seniority, status, pay and benefits that would have accrued
if they had not left for military service.
In order to be
afforded these protections under USERRA, affected employees must make
application for reemployment and return to employment with the employer:
(1) if the period of military service is
less than 31 days, no later than the first full regularly scheduled work period
on the first full calendar day following the completion of the period of
military service (allowing 8 hours for transportation from the place of
military service to the employee's residence);
(2) if the period of military service is
more than 30 days but less than 181 days, no later than 14 days after the
completion of the period of military service; or
(3) if the period of military service is
greater than 180 days, no later than 90 days following the completion of the
period of military service.
FedEx
currently utilizes the Military Leave Request Form accessible on the www.pilot.fedex.com website. This form may be
utilized up to 48 hours prior to the beginning of the MLA period. Inside
that window, the crewmember must contact an ACP or Flight Duty Officer to
notify them of their MLA request. Although FedEx
describes this form, as a Military Leave Request, USERRA provides that they cannot deny or disapprove your MLA request.
When military duties would require an
employee to be absent from work for an extended period, during times of acute
need, or when (in light of previous leaves) the requested military leave is
cumulatively burdensome, the employer may contact the military commander of the
employee’s military unit to determine if the duty could be rescheduled or
performed by another member. If the military commander determines that the
military duty cannot be rescheduled or canceled, the employer is required to
permit the employee to perform his or her military duty.
DOCUMENTATION
The FedEx Crew
Notification regarding your Military Leave Request states that you must submit
a copy of your orders as soon as possible to your Flight Ops Assistant
(FOA). You are only required to submit documentation for periods of
military leave that exceed 30 days. However, the Military Affairs
Committee and the Employer Support of the Guard and Reserve (ESGR) encourage
members to provide documentation to FedEx as soon as available regardless of
the length of service.
JUMPSEAT
PRIVILEGES
Pilots performing
duty in the uniformed services of less than 31 days are not on leave of absence
for purposes of applying this section. Pilots on extended military leaves of
absence are allowed to jumpseat via a separate process and should contact their
ACT’s to be included in the Jumpseat privilege.
COVERAGE DURING A
MILITARY LEAVE OF ABSENCE
(Pilot Benefit Book (PBB), page W-18)
If you are on an
approved military leave of absence, some of your FedEx Express benefits can be
continued. The effect of a military
leave of absence on your benefit plans is described here. The effective date of active military service
is the date of military leave of absence (MLOA) as shown in PRISM. The end of active military service is that
date provided under USERRA.
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Health (includes Medical, Dental, Vision, Prescription Drug, Mental Health/Substance Abuse Benefits) . |
If you are enrolled in a Medical,
Dental and/or Vision plan option and on MLOA, coverage will continue in your
current Medical, Dental and/or Vision plan option and coverage tier as long
as the required monthly contributions are paid. The cost of Medical, Dental
and/or Vision coverage for you and your covered eligible dependents (if
applicable) accumulates for the first 90 days and is deducted from your
paycheck on a prorated basis when you return to work. NOTE:
If, while on MLOA, you receive a
Payroll generated check, deductions will be taken. If
you remain on leave for more than 90 days, you will be sent a letter
explaining your benefits and the cost to continue your coverage beyond the
90-day period. Failure to make required Medical, Dental and/or Vision
payments, making partial payments, or having checks returned due to
insufficient funds, will result in the following: ·
Your
dependents' health coverage will end ·
You will be
enrolled in the Base Plan and your Dental and Vision coverage, if applicable,
will be canceled. You will not be able to change your Medical plan option
until the next Annual Benefits Enrollment or until you have a Qualified
Change in Family Status (Return from MLOA is a Qualified Change in Family
Status). ·
During your
MLOA, you will be eligible to add dependent Medical, Dental and/or Vision
coverage only during the Annual Benefits Enrollment or if you have a Change
in Family Status. ·
When you
return from MLOA, you will be placed in the same Medical, Dental and/or
Vision plan option and coverage tier you were enrolled in, if available,
prior to your leave. You will have 31 days from the date you return from
leave to change your coverage tier. You
may elect to opt out of Medical, Dental and/or Vision coverage when your MLOA
begins. MLOA
is considered a Change in Family Status event, which allows you to drop
dependent Medical, Dental and/or Vision coverage within 31 days of the start
of the leave. You can access the FedEx Benefits Enrollment Web site within 31
days of beginning your MLOA to make your coverage tier elections. If a Change
in Family Status occurs while you are on MLOA (for example, birth of a child,
marriage, divorce, etc.), you have 31 days from the date of the event to add
or drop dependent Medical, Dental and/or Vision coverage consistent with the
Change in Family Status event. The cost of the new Medical, Dental and/or
Vision coverage will begin to accumulate for a maximum of 90 days from the
start of your leave. If you want to add dependent Medical, Dental and/or
Vision coverage when you return from leave, you must make your Medical,
Dental and/or Vision coverage tier elections within 31 days of your return
date. ·
If you take
leave to perform service in the uniformed services, FedEx will continue to
maintain your Medical, Dental and/or Vision coverage provided that you
continue to pay the pilot portion of the premium during your military leave. ·
Charges
incurred in connection with an illness or injury resulting from service in
the armed forces are covered under TRICARE and excluded under FedEx Express
coverage. FedEx Express coverage applies for nonmilitary-related illnesses or
injuries not covered by the military. Dependent
Coverage: •
FedEx
Express coverage continues as long as the required Medical, Dental and/or
Vision premium is paid. This cost is the same as when you were active at
work. The cost automatically accrues for the first 90 days. Thereafter, a
billing notification will be sent to your home address and monthly premium
payment will be required to continue coverage. Costs accrued during the first 90 days will be payroll deducted when
you return to active work. If you do not wish to continue Medical, Dental
and/or Vision dependent coverage, notify Pilot Benefits Administration at
1-866-795-6353 or 1-901- 434-6353 in the Memphis area within 31 days of your
MLOA. Upon your return to employment, you will have 31 days to re-elect
dependent Medical, Dental and/or Vision coverage. If you do not cancel within
the 31 days and your monthly premiums are not received, your dependent
Medical, Dental and/or Vision coverage will end. •
MLOA is considered a Qualified Change in
Family Status which allows you to add or drop dependent coverage within 31
days of the start or end of the MLOA. •
A dependent spouse or child in active
military service of any country is not an eligible dependent. If your covered
dependent is on active duty, Medical, Dental and/or Vision coverage for this
dependent ends. You may wish to drop this dependent's coverage during his/her
active duty to avoid paying additional premiums. Notify Pilot Benefits
Administration within 31 days of your dependent's start of or return from
active duty.
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Retiree
Health Coverage (eligibility) |
Your
MLOA will be included in determining your years of continuous service for
Retiree Health Coverage eligibility. |
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Long
Term Disability (LTD), includes |
Coverage
ends effective the date of MLOA as shown in PRISM. Coverage will be
reinstated upon your return to active work. See “Disability,” section of the
PBB, starting on page D-3 for more details. |
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Basic
Life Insurance |
Coverage
continues at no cost. No exclusions. See “Rules Applicable to All Insurance
Plans–For Military Leave of Absence” section of the PBB, starting on page L-2
for more details. |
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Optional
Life Insurance |
Coverage
continues with no exclusions as long as the required premium is paid. This
cost is the same as when you were actively at work. The cost automatically
accrues for the first 90 days. Thereafter, a billing notification will be
sent to your home address and monthly premium payment will be required to
continue coverage. Costs accrued during the first 90 days will be payroll
deducted when you return to active work. If
monthly premiums are not received, you and your dependents' coverage, if
applicable, will end. If you wish to reenroll when you return to active
work, you must enroll within 31 days after you return to active work or Proof
of Insurability forms and evidence satisfactory to Prudential will be
required. If
you are not presently enrolled in Optional Life and wish to enroll, there
will be no prejudice due to your activation status, however, the approval
process, which could require a request for medical records and a physical
exam, must be completed prior to the beginning of your leave. A
dependent spouse or child in active military service of any country is not an
eligible dependent. If covering a spouse in active military service, notify
Pilot Benefits Administration. See
“Rules Applicable to All Insurance Plans – For Military Leave of Absence”
section of the PBB, starting on page L-2 for more details. |
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Basic
Accidental Death |
You
continue to participate in the plan at no cost. Death or injury while on
active service in the military is not covered. However, in the event of death
or injury during the first 60 days of active service in the National Guard or
a Reserve Unit, your loss will be covered, unless caused by or resulting from
declared or undeclared war or an act of either within the geographic limits,
territorial waters or the airspace above the United States. See
“Rules Applicable to All Insurance Plans – For Military Leave of Absence”
section of the PBB, starting on page L-2 for more details. |
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Optional
Accidental Death |
Coverage
continues as long as the required premium is paid. The same policy provisions
stated above in Basic AD&D also apply to Optional AD&D for the Pilot.
Dependent
coverage continues as
long as the required Pilot & Dependent premium is paid. This cost is the same
as when you were active at work. The cost automatically accrues for the first
90 days. Thereafter, a billing notification will be sent to your home address
as listed in PRISM and monthly premium payment will be required to continue
coverage. Costs accrued during the first 90 days will be payroll deducted
when you return to active work. If monthly premiums are not received, your
and your dependents' coverage will end. If you wish to reenroll when you
return to active work, coverage will resume on the first day of the month
following your request to reenroll. If you are not enrolled in Optional
AD&D and wish to enroll, coverage will begin on the first day of the
month following your request as long as you are not on a leave of absence on
the effective date. The
following exclusions apply to continued dependent coverage: ·
A dependent
spouse or child on active military service of any country is not an eligible
dependent. If covering a dependent on active military service, notify Pilot
Benefits Administration. ·
Declared or
undeclared war or an act of either within the geographic limits, territorial
waters or the airspace above the United States. See
“Rules Applicable to All Insurance Plans – For Military Leave of Absence”
section of the PBB, starting on page L-2 for more details. |
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Business
Travel Accident |
Losses
caused by or resulting from injuries sustained while serving in the armed
forces are excluded. See “Rules Applicable to All Insurance Plans – For
Military Leave of Absence” section of the PBB, starting on page L-2 for more
details. |
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Pension
Plan |
Your
MLOA will be included in determining your years of credited service for
eligibility, vesting and benefit accrual if you return to employment within
the period specified under Federal law after the date you are released from
active duty and have satisfied the requirements of the Uniformed Services
Employment and Reemployment Rights Act (USERRA). In
the event of death during your MLOA, your accrued benefit will be based on your
years of credited service for benefit accrual up to the date of your death.
If you are unmarried, no benefits are payable to a beneficiary. If you are
married, a portion of your vested benefit will be paid monthly to your
spouse. Your surviving spouse will receive a monthly pension based on your
credited service and average earnings on your date of death. The benefit will
be calculated as if you had chosen the 50% Joint and Survivor Annuity.
Payment can begin on the first day of the month after: •
Your date of death, if you die on or after your early retirement age, or See
“Crediting Hours During Active Military Service” section of the Pilot Benefit
Book, starting on page R-8 for more details. Contact FedEx Retirement Service Center at 1-866-303-0556. For additional information, refer to the attached December 9,
2008, Settlement Agreement:
Effect of Potential Crew Status Changes on Imputed Earnings and Signing Bonus
Calculation. |
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Pilots’
Retirement Savings Plan (PRSP) (formerly
the Profit Sharing Plan) |
If
you return to employment and have satisfied the requirements of the Uniformed
Services Employment and Reemployment Rights Act (USERRA) within the period
specified after you are released from active duty, you may make-up any missed
Pre-tax/401(k), After-tax, and if eligible, Catch-up contributions. Make-up
contributions are calculated using the average of your 12 months eligible
earnings (or all if less than 12 months) immediately prior to the MLOA. Any
missed Employer Matching contributions on your Pre-tax/401(k) contributions
will be credited monthly as you make up contributions. Your loan payments
will be suspended while you are on MLOA. In order for an obligation or
liability of a service member to be subject to the interest rate limitation
set forth under the Service members' Civil Relief Act, the service member
shall provide to the Plan written notice and a copy of the military orders
calling the service member to military service and any orders further
extending military service, not later than 180 days after the date of the
service member's termination or release from military service. Upon receipt
of written notice and a copy of orders calling a service member to military
service, the Plan shall treat the debt in accordance with subsection (a) of
the Service members Civil Relief Act, effective as of the date on which the
service member is called to military service. See
“Benefits upon Return from a Military Leave of Absence (MLOA),” section of
the PBB, starting on page R- 55, and “Loan Default Rules” section of the PBB,
starting on page starting on page R-70 for more details. Contact Vanguard at 1-800-523-1188 or www.vanguard.com. For additional information, refer to the attached December 9,
2008, Settlement Agreement: Effect of Potential
Crew Status Changes on Imputed Earnings and Signing Bonus Calculation. |
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Pilots’
Money Purchase Pension
Plan (PMPPP) |
If you
return to employment and have satisfied the requirements of the Uniformed Services
Employment and Reemployment Rights Act (USERRA) within the period specified
after you are released from active duty, PMPPP contributions will reflect the
period of your military service. In the event of death during your MLOA, any
contributions missed during your MLOA up to the date of your death will be
credited to your account. If
applicable, any contributions missed during your MLOA will be made by using
the average of your 12 months eligible earnings (or all if less than 12
months) immediately prior to your MLOA. MLOA
make-up contributions will be credited to your account within the time frame
required by USERRA following your return to active work or the notification
of your death is updated in PRISM. See
“Benefits upon Return from a Military Leave of Absence (MLOA),” starting on
page R-55 for more details. Contact Vanguard at 1-800-523-1188 or www.vanguard.com. For additional information,
refer to the attached December 9, 2008, Settlement
Agreement: Effect of Potential Crew Status Changes on Imputed Earnings and
Signing Bonus Calculation. |
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Dependent
Care Reimbursement Account |
Payroll
deductions stop. You may continue to send eligible claims for dependent care
expenses directly to WageWorks in accordance with Plan rules. When you return
to work, if you do not reenroll within 31 days, you are not allowed to enroll
for the rest of the calendar year, unless you have a Change in Family Status
event and make your election within 31 days following the event date.
See “DCRA” in the “Other Benefit Plans, Programs and Services” section of the
PBB, starting on page O-3 for more details. Contact WageWorks at 1-877-924-3967 or www.wageworks.com |
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Health
Care Savings |
Payroll deductions stop. You may continue to
send eligible claims for health care expenses directly to WageWorks in accordance
with Plan rules. Your HCSA contributions will automatically accrue for the
first 90 days of your military leave. You will be sent a billing statement
after the first 90 days giving you an opportunity to continue HCSA
participation. You must remit your HCSA contributions to Pilot Benefits
Administration to continue to file eligible expenses after the first 90 day
period. If your HCSA contributions are not received by the deadline given in
your billing statement, your participation will end and you cannot reenroll
until the next annual enrollment period. If you return to work within the
same calendar year, the amount accrued for the first 90 days will be deducted
from your check on a percentage basis. See “HCSA” in the “Other Benefit
Plans, Programs and Services” section of the PBB, starting on page O-10 for
more details. Contact WageWorks at 1-877-924-3967
or www.wageworks.com |
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Credit
Association |
Contact Credit Association for information
on account. For Customer Service, call 1-901- 344-2500 from the Memphis area or toll-free,
nationwide 1-800-228-8513. http://www.fecca.com/ |
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Employee
Stock Purchase Plan |
Payroll deductions stop. Deductions begin
again when you return to work. See “ESPP” information in the “Other Benefit
Plans, Programs and Services” section of the PBB, starting of the PBB,
starting on page O-34 for more details. Contact FedEx
Intranet home page (keyword: ESPP) FedEx Corporation Finance Department at 1-901-818-7100. |
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Global
Travel |
Privileges suspended. See “Global Travel”
information in the “Other Benefit Plans, Programs and Services” section of
the PBB, starting on page O-36 for more details. Contact FedEx Express Intranet site (keyword: global
travel) or 1-901-369-3600. |
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Employee
Reduced-rate Shipping |
Privileges continue. See “Employee
Reduced-rate Shipping” information in the “Other Benefit Plans, Programs and
Services” section of the PBB, starting on page O-34 for more details.
Contact FedEx Shipping online at the FedEx portal or by
notifying FedEx Express Revenue Services at 1-800-622-1147. |
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METPAY
Program (Voluntary Personal Property Insurance) |
Payroll deductions stop. May continue
coverage by converting to monthly checking account deductions or home
billing. See “METPAY” information in the “Other Benefit Plans, Programs and
Services” section of the PBB, starting on page O-47 for more details. Contact
MetLife Auto, Home, Personal Property at 1-800-438-6388 or www.metlife.com/mybenefits |
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Group
Long-Term Care Insurance |
Payroll
deductions stop. May continue coverage by converting to monthly checking
account deductions or home billing. See “LTCI” information in the “Other
Benefit Plans, Programs and Services” section of the PBB, starting on page
O-46 for more details. Contact MetLife
Long-term
care insurance at 1-800-438-6388 or www.metlife.com/mybenefits |
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Group
Legal Services |
Payroll deductions stop. May continue
coverage by converting to monthly checking account deductions or home
billing. See “GLSP” information in the “Other Benefit Plans, Programs
and Services” section of the PBB, starting on page O-38 for more details. Contact MetLaw
Prepaid Group Legal Services at 1-800-438-6388
or www.metlife.com/mybenefits |
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Tuition
Assistance |
Coverage
ends, see the “Tuition Assistance Program” section in “Other Benefits and
Services,” section of the PBB, starting on page O-50 for more details. You
may be eligible for reimbursement for courses which began or ended during a
leave. Courses which both began and ended during a leave are not eligible.
You are not eligible for reimbursement if you are on leave during the entire
course. Contact Tuition
reimbursement at 1-901-434-9822 |
NOTE: Please make certain that you or your
family notifies FedEx Express Pilot Benefits Administration at 1-866-795-6353,
or 1-901-434-6353 in the Memphis area, of any address change during your MLOA.
Generally speaking, the Uniformed
Services Employment and Reemployment Rights Act (USERRA) provides that
employees who return from a period of military service which does not exceed 5
years (or such longer period as may be required by the employee's military
orders) will be restored to their previous employment position with such
seniority, status, pay and benefits that would have accrued if they had not
left for military service.
In order to be afforded these
protections under USERRA, affected employees must make application for
reemployment and return to employment with the employer:
(1)
if the period of military service is less than 31 days, no later
than the first full regularly scheduled work period on the first full calendar
day following the completion of the period of military service (allowing 8
hours for transportation from the place of military service to the employee's
residence);
(2)
if the period of military service is more than 30 days but less
than 181 days, no later than 14 days after the completion of the period of
military service; or
(3)
if the period of military service is greater than 180 days, no
later than 90 days following the completion of the period of military service.