You're entitled to certain benefits if you're called to active duty by Presidential or Congressional determination (Sections 12302 and 12304 of Title 10 of the United States Code).
War on Terrorism
Your State salary
On or after September 11, 2001, while on active duty, for the duration of the event, up to 730 calendar days, you're entitled to receive:
- The difference between your military pay and allowances (not including hazardous duty pay, hostile fire pay, or imminent danger pay) and the amount you would have received as a State employee, including any merit raises which would have been granted during the time you were on active duty.
- All benefits which you would have received had you not been called to active duty.
This
does not apply to any active duty served after the close of the War on Terrorism. The War on Terrorism is one event, and multiple deployments under the War on Terrorism are part of the event. Each deployment counts against the 730 calendar day entitlement.
This
does not apply if you're entitled to additional compensation or benefits per GC 19775.16 or 19775.18, or Section 395.08 of the Military and Veterans Code.
Active duty military orders issued on and after September 11, 2001, for Operation Noble Eagle, Operation Enduring Freedom, National Guard Airport Duty or Homeland Protection, or for any military campaign or operation related to the War on Terrorism qualify for the benefits provided by GC 19775.18.
Claiming your pay and benefits
Fill out the
Military Leave Worksheet
- to receive the difference between your military pay and your State pay or
- if you choose to keep your military pay without receiving State supplemental pay (for example, if your military pay is larger than your State pay).
Although you won't be receiving a State check, your deductions for the State-provided benefit package (health, dental, and vision) will continue.
You're responsible for paying your health benefit premiums. The State will authorize the continued payment of these premiums via an accounts receivable process.
After 730 days
You can get paid for up to 760 calendar days (30 calendar days per fiscal year + 730 days for the War on Terrorism).
Once you've exhausted the 760 days, you can use your vacation and/or overtime credits to cover your absence per Federal Statute Section 4316 (d), Title 38, or you can request a Leave of Absence.
Salary adjustments
While you are on military leave, you'll continue to qualify for
- General Salary Adjustments,
- Labor Marked Adjustments (LMA),
- Merit Salary Adjustments (MSA), and
- Special In-grade Salary Adjustments (SISA).
If you're
receiving pay from the State such as vacation, overtime credits, or the difference between your military pay and State pay, the State will update your records and raise your pay to reflect the GEN, MSA, or SISA to which you're entitled.
The State will post any GEN, MSA, or SISA you may qualify for while on military leave
without pay to your records upon your reinstatement
Leave credits
You'll receive vacation and sick leave for up to twenty-four months if you meet the condition of GC 19775.18.
The State will add these credits to your total when you're reinstated. You gain these additional credits at the same rate that would have applied if you'd remained on the job.
Benefits
Your health benefits will continue while you're receiving military leave with pay.
You're responsible for paying your health benefit premiums.
While you're on military leave during war or national emergency, you'll continue to receive health, dental, and vision care benefits for up to 730 calendar days.
If you're enrolled in the FlexElect Program with the Cash Option in lieu of health and/or dental coverage, you'll continue to receive cash, regardless of whether you receive an adjusted State warrant or opt to retain your military pay.
Before going on military leave, if you're enrolled in a health benefits plan, you must complete a
CalPERS form HBD-21, obtained from your personnel office. Indicate whether or not you want to continue your benefits while on duty.
While you're on a military leave of absence, you're eligible to maintain your health insurance by making direct payments to the carrier. If you separate after your military leave of absence, you're eligible for COBRA benefits for an additional 18 months after your separation.
Government codes and memos
Effective January 1, 2006, AB 276 amended GC 19775.18 to exclude all military allowances from your military pay for purpose of providing supplemental pay while you are on active military duty in support of the "War on Terrorism."
Sections 12302 and 12304 of Title 10 of the United States Code define "the event."
Initially you could receive supplemental pay and benefits for only 365 calendar days. Executive Order D-65-02 extended the period up to an additional 365 calendar days, for a total of 730.
Presidential Determination of National Emergency Following September 11, 2001 Attack
Your State salary
While on active duty, for a period not to exceed 180 days, per Sections 12302 and 12304 of Title 10 of the United States Code, you're entitled to receive:
- The difference between your military pay and allowances and the amount you would have received as a State employee, including any merit raises which would have been granted during the time you were on active duty.
- All benefits which you would have received had you not been called to active duty.
This
does not apply if you're entitled to additional compensation or benefits per GC 19775.16 or 19775.18, or Section 395.08 of the Military and Veterans Code.
Benefits are offset by the maximum allowable benefit under the Federal Ready Reserve Mobilization Income Insurance Program (RRMIIP) (10 U.S.C. Sec. 12521 et seq.).
Government code and memos
Bosnia
Your State salary
On or after November 21, 1995, while on active duty, for a period not to exceed 180 days, you're entitled to receive:
- The difference between your military pay and allowances and the amount you would have received as a State employee, including any merit raises which would have been granted during the time you were on active duty.
- All benefits which you would have received had you not been called to active duty.
This
does not apply to any active duty served voluntarily after the close of the Bosnia crisis.
Benefits are offset by the maximum allowable benefit under the Federal Ready Reserve Mobilization Income Insurance Program (RRMIIP) (10 U.S.C. Sec. 12521 et seq.).
Government Code and Memos
Iraq-Kuwait
Your State salary
On or after August 2, 1990, while on active duty, for a period not to exceed 180 days, you're entitled to receive:
- The difference between your military pay and allowances and the amount you would have received as a State employee, including any merit raises which would have been granted during the time you were on active duty.
- All benefits you would have received had you not been called to active duty.
This
does not apply to any active duty you served voluntarily after the close of the Iraq-Kuwait crisis.
Government Code
