Throughout Illinois, many municipal employees who are either National Guard or U.S. military reservists have been called to active duty in the Persian Gulf. What are the rights of these employees to salary, position, pensions, and other benefits?

The Federal Government and the State of Illinois have statutes regarding both military leave for municipal employees, and their reinstatement in their positions held before being called up. Municipal personnel policies and ordinances, however, deal mostly with benefits, pensions, and salary received while the employee is serving in the military. These may vary among municipalities.

FEDERAL LAWS:
Veterans Reemployment Rights Act:
The Veterans Reemployment Rights Act of 1948 (38 USC 2021) requires that an employer must grant at least unpaid leave (with or without pay is up to the employer) to an employee who is called to leave a full time position for active military duty.

Within 90 days of when the employee has completed his or her military obligations, (or after not more than one year of hospitalization after discharge from active duty) the employer shall reinstate the employee to their former position or to a position of like seniority, status and pay.

Should that employee be unable to perform the duties of their original position due to a disability suffered during their military service, the employer must still offer the employee a position that the veteran can perform in, and which carries approximately the same seniority, status and pay of the previously held position.

This law means that returning veterans have the right to "bump" out any persons who were hired to replace them in their absence.

This law applies to all who are called to duty, including military reservists, and National Guard members.

Continuation of Health Benefits Under COBRA:
Under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, any and all health insurance coverage provided to employees and dependents (if offered) must be continued for a period of 18 months after call-up of the employee if the employee or dependent receiving the coverage elects to do so within 60 days of the date of the call to duty.

Payment of the health premium is still the responsibility of the employee if that was the original arrangement.

STATE LAWS:
Civil Service:
Illinois State law regarding this issue is merely a reiteration of the federal statutes with one exception: the continuation of pension rights for those municipal employees who are civil service.

Under Chapter 24; 2, par. 150-153, 111. Rev. Stat., municipal civil service employees are to be considered on leave up until 40 days after their return from duty. While on leave, the civil service and pension rights of the municipal employee are to be preserved as if the employee had never left. After their return from duty, they are to be restored to their position without loss of seniority. Also under the law, the municipality may offer to pay the pension benefits of these employees in lieu of payroll deductions. Mandatory grant of leave and reinstatement is also provided for under Chapter 24, par. 10-1-46 and par. 10-1-47.

IMRF Pensions:
Pension benefits from IMRF may be maintained, as the Illinois Pension Code allows municipalities to consider time served in the military on leave as creditable service. (Ch. 10852, par. 7-139, I'll. Rev. Stat.)

Local Ordinances:
Local laws or personnel policy regarding this issue vary in their degrees of compensation of the employee while on military leave. By federal and state law, all municipalities must grant at least unpaid leave and offer the option of continuing dependent health coverage under COBRA provisions as specified above.

Some municipalities are providing additional compensation, such as continuing or making up the difference between military pay and the employee's regular salary for a specified period of time. These options are at the discretion of the municipality, and are not required by law.

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The following is a brief listing of municipalities with specific ordinances relating to employees serving in the military. While there are other municipalities besides the ones listed that are providing benefits beyond state and federal law requirements, the following is a sample list intended only as a guideline.

SAMPLE LISTING OF MUNICIPAL PERSONNEL POLICIES REGARDING EMPLOYEES SERVING IN ACTIVE MILITARY DUTY

Downstate:
Municipality	Policy
Decatur	— ordinance passed in January is specifically for employees serving in Operation Desert Storm or Shield,
	and is retroactive to the date of inception of Operation Desert Shield;
	— limited to April 30, 1991;
	— compensates employee's gross military pay to equal the city net pay of the employee (military pay is exempt from federal income tax under current law);
	— continues all health coverage to employee and dependents at the employee's request;
Springfield	— ordinance of 11/26/90;
	— makes up difference between military and city pay for entire term of duty;
	— continues all health and pension benefits received previous to activation;

Metro Chicago:
Municipality	Policy
Des Plaines	— military/city pay difference paid for all time served;
	— health insurance continued for 90 days;
Elgin	— military/city pay difference paid;
	— all health benefits continued indefinitely;
Schaumburg	— all health and life insurance continued;
	— military pay difference not made up;
Skokie	— military pay difference made upby city for 179 days;
	— health & life insurance continued if employee contributes;
Palatine	— salary is paid to employee in full for one year;
	— all health and life insurance cover- age is continued for term of duty;
Northbrook	— salary difference paid for one month;
	— all health and life insurance continued.

For more information about these municipal policies, please call Jim McCurdy at the League office at 217/525-1220 or each city directly. If you need more specific information regarding federal or state laws, please call or write either

Walter V. Luksta
Assistant Director
U.S. Department of Labor
Veterans Employment and Training Service
401 South State St. — Two North
Chicago, IL 60605
312/793-3440 or
Charlie Salvo
State of Illinois
Department of Veterans Affairs
833 South Spring St.
Springfield, IL 62704
217/785-7208 •

March 1991 / Illinois Municipal Review / Page 11