Section 38 Pensions, Sick Leaves, Etc.

• Library: Emp-Emp Law 2000

Other employee benefits that are perquisites of seniority or length of service are protected by the VRR Law. For pension benefit plans, a person reemployed must be treated as not having incurred a break in service. 38 U.S.C. § 4318(a)(2)(A). When pension benefits are awarded for length of service, the veteran should be given credit for vesting purposes for time spent in the military service. Alabama Power Co. v. Davis, 431 U.S. 581 (1977). See Brown v. Consolidated Rail Corp., 605 F. Supp. 629 (N.D. Ohio 1985), in which the district court held that returning veterans were entitled to receive a monthly displacement allowance (MDA), to be calculated according to the actual wages they would have earned absent the disruption in employment caused by their military...