7 The Fund Office w ill maintain your prior eligibility until the end of the leave, provided your contributing employer properly grants the leave under federal law, notifies the Fund, and continues to make monthly contributions on your behalf while you are on an approved leav e. If you and your employer have a dispute over your eligibility under FMLA, your benefits will be suspended pending resolution of the dispute, in the absence of the required contribution. The Board of Trustees will have no direct role in resolving the dis pute. Coverage under this Plan will continue during the FMLA leave on the same basis as other similarly situated employees. Call your employer to determine if you are eligible for the FMLA leave. Then, contact the Fund Office if you are planning to take th e FMLA leave so that the Fund is aware of your employer’s responsibility to make contributions during your absence. The Board of Trustees cannot enforce collection of contribution from your employer while you are out on leave; however, federal authorities may assist you regarding your continued coverage. Eligibility for Coverage During Leave Under USERRA (Military Leave) If you enter qualified military service (such as active or inactive duty training or active duty in the United States armed forces or Nati onal Guard), and you have sufficient hours in previous work periods to continue eligibility for one or more months following the month you enter the Uniformed Services, you have the option of continuing your eligibility in the Plan under the Plan’s Continu ation of Eligibility rules or freezing your eligibility as of the end of the month in which you enter the Uniformed Services, or as of the date you enter the Uniformed Services if you enter on the first of the month. In addition, you may elect Coverage for yourself and eligible dependent(s) under COBRA Continuation Coverage. However, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), you must return to work or seek re - employment with an employer following a discharge, under not less than honorable conditions, within the minimum time period allowed. If you do not return to work in Covered Employment or seek re - employment in Covered Employment within the minimum time period allowed, you will forfeit your continued eligi bility rights under the Plan. In order to ensure protection of your rights under the USERRA, you must notify the Fund Office as soon as you are called up f or qualified military service. If you are covered under the Plan at the time your qualified military service leave begins, your health coverage will be continued by the Fund for your first 30 days of military service providing monthly contributions are made by your Contributing Employer. If you are on uniformed services for more than 30 days, you will be permitted to continue health coverage for yourself 1 and your eligible dependents under the options set forth herein: • Coverage Options for your Eligible dependent(s): Coverage for your eligible dependents may be elected under COBRA Continuation Coverage. You will be required to self - pay for this coverage. In the alternative, coverage may be provided through the military. • Coverage Options for yourself: you may elect co verage under the Plan’s continuation of coverage benefit 2 , and continue coverage for yourself for up to 24 months. However, the right to elect this continuation coverage is available only to you, not your dependents. If you freeze your eligibility at the beginning of your qualified military leave (effective after your automatic 30 - day coverage) you may reclaim this eligibility when you return to work for an Employer under the criteria set forth in USERRA. You must notify the Fund Office of your selection, i.e., whether you will freeze your eligibility; elect continuation of coverage for yourself; or elect COBRA coverage for yourself, and/or your Spouse and Eligible Dependent Children. If you do not notify the Fund Office, your eligibility will be automatic ally extended until it is exhausted. 1 See option to elect coverage for yourself (not your S pouse or eligible dependents) discussed in the SPD. 2 This coverage is similar to, but is not COBRA Continuation Coverage.
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