Today, more than 300,000 men and women in uniform are deployed overseas, and mobilization levels are at their highest point since World War II. Beyond the considerable operational challenges faced by military personnel, periods of prolonged conflict often create serious personal and financial challenges. Fortunately, there are important resources, support networks, and laws designed to support military members and their families. In fact, new legislation strengthens protection for those serving.
It is important to understand the broad-based federal protections afforded military personnel and their families. Often very confusing, these laws provide valuable benefits for those who understand them. The most significant of these are the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Employment & Reemployment Rights Act (USERRA).
On 19 December 2003, President George W. Bush signed SCRA, which significantly strengthened the civil protections afforded to active-duty (and recalled) military personnel. An update to the older Soldiers & Sailors Civil Relief Act of 1940, SCRA was enacted to allow servicemembers to "devote their full energy to the defense needs of the nation" by providing significant civil, legal, and financial protections. In other words, it allows military personnel freedom to serve without undue worries about leases, civil proceedings, and excessive interest, among other things. According to a statement by the author of the new legislation, Representative Chris Smith (R-NJ), "Servicemembers called to active duty or deployed to new duty stations often find it difficult to meet their personal financial and legal obligations in a timely manner. The Servicemembers Civil Relief Act will help these brave men and women, as well as their families back home, by strengthening and expanding the current civil relief statute."
The new law expands and clarifies the protections afforded to servicemembers under the older Soldier & Sailors Civil Relief Act. Important changes to the law broaden the definition of civil proceedings to include administrative hearings (such as family support), expand rights of termination to include vehicle leases, and increase the applicability of eviction protection. In addition, it stipulates that interest on applicable loans in excess of 6% is forgiven, not postponed. Not surprisingly, many of these protections are not automatic; servicemembers need to let applicable creditors, landlords, and other parties know about their intention to seek protection under SCRA.
Key provisions of SCRA include: a right to terminate a lease with permanent-change-of-station orders or for deployments greater than 90 days; protection against default proceedings (90-day stays for civil proceedings where military service materially affects a member's ability to appear in court); extensions for federal and state income tax filings up to 180 days without interest or penalty; a 6% limit on interest on outstanding balances (including credit card debt) that applies only to loans incurred before entering military service (this includes debts incurred by reservists before they are mobilized); provides a right to terminate vehicle leases under a variety of circumstances; and protection from eviction for nonpayment of rent without a court order. More protections and additional information about SCRA can be found at veterans.house.gov/.
No longer weekend warriors, more than 325,000 U.S. reservists and Guardsmen have been mobilized since 11 September 2001, with more than 180,000 still on active duty. Reservists and Guardsmen increasingly are confronted with the same challenges as their active-duty counterparts. In addition, they face additional complexities arising from mobilization, including employer, financial, and family support issues. Fortunately, federally recalled reserve and Guard members benefit from the same laws and support networks as active-duty personnel (including SCRA). They also are eligible for supplemental protections designed to ease the burden of these citizen soldiers.
The Uniformed Services Employment & Reemployment Rights Act provides a right of reemployment with a civilian employer. The law, updated in 1994 in response to issues encountered at the end of the first Gulf War, requires most employers to reemploy demobilized servicemembers in positions comparable to those they held before being called up. The law also provides for returning employees to benefit from accrued seniority and additional training, if necessary.
Complementing USERRA is an advocacy organization called Employer Support of the Guard & Reserve (ESGR). ESGR is a federal entity under the Assistant Secretary of Defense for Reserve Affairs. ESGR, along with a network of thousands of volunteers working at the state level, works to educate employers about the importance of supporting their reserve and Guard employees. "As a result of the increased use of the Guard and reserve," said Bob Hollingsworth, executive director of ESGR, "America's employers are inextricably linked to national security. Our mission is to increase retention by ensuring that employers support service in the Guard and reserve."
Although critical, the war on terror requires significant sacrifices by those in uniform and their families. It is more important than ever that all members of the military community take full advantage of all the benefits and protections afforded them under the law.