Page:United States Statutes at Large Volume 108 Part 4.djvu/527

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PUBLIC LAW 103-353—OCT. 13, 1994 108 STAT. 3161 of the specific rights and benefits to be lost under subparagraph (A). "(3) A person deemed to be on furlough or leave of absence under this subsection while serving in the uniformed services shall not be entitled under this subsection to any benefits to which the person would not otherwise be entitled if the person had remained continuously employed. "(4) Such person may be required to pay the employee cost, if any, of any funded benefit continued pursuant to paragraph (1) to the extent other employees on furlough or leave of absence are so required. "(5) The entitlement of a person to coverage under a health plan is provided for under section 4317. "(6) The entitlement of a person to a right or benefit under an employee pension benefit plan is provided for under section 4318. "(c) A person who is reemployed by an employer under this chapter shall not be discharged from such employment, except for cause— "(1) within one year after the date of such reemployment, if the person's period of service before the reemployment was more than 180 days; or "(2) within 180 days after the date of such reemployment, if the person's period of service before the reemployment was more than 30 days but less than 181 days. "(d) Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. "§4317. Health plans "(a)(1)(A) Subject to paragraphs (2) and (3), in any case in which a person (or the person's dependents) has coverage under a health plan in connection with the person's position of employ- ment, including a group health plan (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), and such person is absent from such position of employment by reason of service in the uniformed services, the plan shall provide that the person may elect to continue such coverage as provided in this subsection. The maximum period of coverage of a person and the person's dependents under such an election shall be the lesser of— "(i) the 18-month period beginning on the date on which the person's absence begins; or "(ii) the day after the date on which the person fails to apply for or return to a position of employment, as determined under section 4312(e). "(B) A person who elects to continue health-plan coverage under this paragraph may be required to pay not more than 102 percent of the full premium under the plan (determined in the same manner as the applicable premium under section 4980B(f)(4) of the Internal Revenue Code of 1986) associated with such coverage for the employer's other employees, except that in the case of a person who performs service in the uniformed services for less than 31 days, such person may not be required to pay more than the employee share, if any, for such coverage.