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U.S. Department of Justice

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Washington, D.C. 20530

July 8, 2005

MEMORANDUM FOR HEADS OF DEPARTMENT COMPONENTS

FROM:            Paul R. Corts
                         Assistant Attorney General
                             for Administration

SUBJECT:      Assisting Employees Called to Active Military Duty

A copy of the attached memorandum>, dated May 13, 2002, from the Director, Office of Personnel Management (OPM) restates OPM's previous request for agencies to develop uniform policies in support of the Department of Defense's contingency operations by waiving the requirement that employees pay their share of the Federal Employee Health Benefit (FEHB) premiums when called to active duty for more than 30 days.

On September 14, 2001, the President signed Executive Order 13223 ordering the Ready Reserve of the Armed Forces to active duty for a period of not more than 24 months. Increasing numbers of DOJ employees have been ordered to serve on active military duty for more than 18 months.

The National Defense Authorization Act for Fiscal Year 2005, Section 1101 (Pub. L. 108-375) has amended two sections of Title 5. Section 8905a was amended to provide for an extension of continued coverage nder the FEHB program and section 8906(e)(3) was amended to extend the period in which agencies may pay the employee's share, in addition to the government's share, of the FEHB premium. These amendments apply to employees called or ordered to active duty on or after September 14, 2001.

Effective immediately, this memorandum extends the uniform policy established in the attached memorandum of July 30, 2002. DOJ components may now pay the employee share of FEHB premiums up to 24 months for those DOJ employees who are called to active military duty for more than 30 days. This policy is being made effective retroactive to the beginning of the first day of the first pay period beginning on or after September 9, 2001.

If you or your staff need additional information or assistance, please contact Debra M. Tomchek, Director of Human Resources. She may be reached at (202) 305-4976 or by electronic mail at Debra.M.Tomchek@usdoj.gov. Questions on systems processing should be directed to Terry Cook, Finance Staff, on (202) 616-6328.

Attachment 1

Attachment 2

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