Uniformed Services Employment and Reemployment Rights Act of 1991

Uniformed Services Employment and Reemployment Rights Act of 1992 - Amends Federal veterans' benefits provisions to revise generally provisions relating to the employment and reemployment rights of members of the uniformed services.

Expresses the sense of the Congress that the Government should be a model employer in carrying out the reemployment practices enumerated under this Act. States that a person's entitlement to rights and benefits under this Act is dependent upon an honorable discharge from the armed forces, and therefore will be terminated in cases of a dishonorable or bad conduct discharge or a separation, release, or dismissal under conditions other than honorable.

Prohibits the denial of initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer against a person who is a member, applies for membership, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service on the basis of such service or obligation. States that such employer will be considered to have engaged in such prohibited conduct if the person's membership, application for membership, service, application for service, or obligation is a motivating factor in the employer's action, unless the employer can demonstrate that the action would have been taken in the absence of such membership, service, application, or obligation. Prohibits an employer from discriminating in employment or taking any adverse employment action against any person who has acted to enforce a protection afforded by this Act.

Entitles any person absent from employment by reason of the performance of military service to the employment and reemployment rights and benefits of this Act if: (1) the person has given advance notice of such service to the employer; (2) except under certain conditions, the cumulative length of the absence and any previous absences from employment by reason of military service does not exceed five years; and (3) the person reports or applies to such employer upon completion of service in accordance with requirements enumerated under this Act. States that no employer notice is required when precluded by military necessity or when otherwise impossible or unreasonable. Outlines certain conditions under which a person shall remain entitled to employment and reemployment rights and benefits provided under this Act even though the cumulative length of the person's military service exceeds five years. Requires a person to report back to an employer within a specified period after release from duty order to retain such rights and benefits. Requires a person, when applying for reemployment, to present appropriate documentation showing that the person's application is timely, that he or she has not exceeded the allowed period of service under a military absence, and that the person's entitlement to rights and benefits under this Act have not terminated. Outlines conditions under which the failure of the provision of such documentation by the person returning from service must be excused by the employer.

Authorizes an employer reemploying a person absent for more than 90 days to require such person to provide the employer with documentation before beginning to treat such person as not having incurred a break in service for purposes of eligibility for pension benefits.

Entitles a person to reemployment in the following positions upon return from duty in the armed forces: (1) if not disabled, to the position in which the person would have been employed if the employment had not been interrupted by such service or a similar position of like status and pay the duties of which the person is qualified to perform; (2) if not disabled, but not qualified to perform the duties of such a position, to the position in which the person was employed upon commencing service or a position of like status and pay the duties of which the person is qualified to perform; or (3) if disabled to the point of requiring an accommodation by the employer in order for such person to perform their required duties, to a position under (1) or (2) above, or an appropriate lesser position that the person is qualified to perform, after the employer makes a reasonable accommodation for such person's disability.

Requires the employer, in all cases of reemployment, to make a reasonable effort to train or update the skills required for a person to perform his or her employment duties. States that an employer is not required to reemploy a person if the employer's circumstances have so changed as to make such employment impossible or unreasonable. States that an employer is not required to make accommodations or provide training for a person if such effort would impose an undue hardship on the operation of the employer's business. Gives the employer the burden of proof in such cases. Requires any person who cannot requalify for a like position after duty in the armed forces to be reemployed in any other position that provides similar status and pay, consistent with the circumstances of each case.

Provides that if the reemployment of a person in a particular position as a National Guard technician or with an executive agency is not feasible or practicable, then the Director of the Office of Personnel Management (OPM) shall ensure that such person is offered an alternative position of employment in a Federal executive agency under reemployment requirements. Outlines conditions under which the Director shall accept a determination from employment officials that the reemployment of a person is no longer feasible.

Requires the heads of most Federal agencies (the General Accounting Office and certain agencies performing intelligence or counterintelligence functions are excluded) to prescribe: (1) the conditions under which persons who are absent from employment positions with such agency due to military service shall be reemployed by such agency; and (2) the procedures for ensuring that the persons who satisfy such conditions are so reemployed. Requires such agency heads to ensure that the conditions and procedures for such reemployment are similar to the conditions and procedures described under this Act. Requires a person who makes a determination that reemployment of a person is not feasible or practicable to so notify such person and the OPM Director. Requires each agency head to report to the Senate and House Intelligence Committees annually on persons whose reemployment with the agency after military service was determined not to be feasible or practicable.

Entitles a person reemployed in the armed forces to all seniority and other rights and benefits that such person would have attained if such employment had not been interrupted by such service. States that such person shall be deemed to be on furlough or leave of absence (leave) while serving in the armed forces and be entitled to such rights and benefits as are generally provided by an employer to employees who are on leave under a plan, contract, policy, or practice that is in force at the beginning of such person's military service. States that such persons: (1) may be required to pay the cost of any benefit continued on their behalf while on leave; and (2) are not entitled to coverage by the Government as a result of military service. Excludes coverage under certain employer insurance policies for persons who are disabled or killed as a result of military service. Excludes such persons from a right or benefit provided under an employee pension benefit plan. Provides a conditional expiration date for the provision by an employer of the rights and benefits protected while a person is on leave for military purposes.

Allows a person to be continued under an employer's insurance coverage for up to 18 months during such duty except to the extent that the person is entitled to treatment from the Government as a result of military service. Provides a conditional termination of the period of continued coverage of such person and his or her dependents. States that an employee who voluntarily elects to enter military service shall not be entitled to continuation of health insurance from an employer of fewer than 20 persons.

Prohibits the imposition of an exclusion or waiting period on employer-offered health insurance in connection with coverage of such person upon reemployment if: (1) an exclusion or waiting period would not have been imposed under such coverage had coverage not been terminated as a result of such service; and (2) the condition of such person has been determined by the Secretary of Veterans Affairs not to have been incurred or aggravated in the line of duty. Limits the employer's ability to discharge a person reemployed after military duty, except for cause, for one year or 180 days, depending upon the length of such duty.

States that a person whose employment is interrupted by military service shall be permitted upon request to use during such interruption any vacation or annual leave with pay accumulated before the commencement of such service. Allows such person to accrue such leave during such military service and to use any such additional leave so accumulated.

States that a person reemployed under this Act shall be treated as not having incurred a break in service with their employer for purposes of determining pension or retirement benefits, with the period of military service considered service with the employer. Requires the employer to fund any employee benefit pension plan in the appropriate amount for such employee. Requires a person reemployed to make appropriate payments to any plan that requires employee contributions or elective deferrals for eligibility. Allows employee contributions to such plan to be made during any continuous period agreed upon by the employer and the person, with limitations. Requires an employer's coverage liability and a returning person's plan contributions to be computed at the same rate in effect immediately before the period of military service. Prohibits, with respect to employee contributions, requiring: (1) any action to be taken which would cause the plan, participant, or employer to suffer adverse tax or other consequences under the Internal Revenue Code; or (2) contributions to be returned, or additional contributions to be made, with respect to employees not reemployed after such service.

States that a person's entitlement to a right or benefit under this Act does not depend on the timing, frequency, or duration of the person's performance of military service or on the nature of such service.

Allows any person who claims to have been subject to a wrongful personnel action under this Act, whether involving a Federal, State, or private employer, to submit a complaint regarding such action to the Secretary of Labor (Secretary) for investigation and resolution. Requires the Secretary to carry out such investigatory responsibilities through the Assistant Secretary of Labor for Veterans' Employment and Training. Authorizes the Secretary to use existing Federal and State agencies engaged in similar activities and volunteers in carrying out such responsibilities.

Authorizes a person who is notified of an unsuccessful resolution of a complaint for enforcement of rights with respect to Federal executive agencies to request the Secretary to refer such complaint for litigation before the Merit Systems Protection Board through the Office of the Special Counsel. Outlines complaint referral and litigation procedures in such case. Provides for appellate review of Board decisions.

Authorizes a person who is notified of an unsuccessful resolution of a complaint for the enforcement of reemployment rights with respect to other Federal agencies (with the exception of GAO and intelligence and counterintelligence-related-agencies) to submit a claim relating to the allegation to the Inspector General of such agency for investigation and resolution under procedures prescribed by such agency. Requires the head of any such agency to make such complaint resolution procedures as similar as practicable to the provisions for investigation and resolution provided under this Act.

Provides that, in the case of an unsuccessful resolution of a complaint for enforcement of rights with respect to a State or private employer, the person may request that the Secretary refer such complaint for litigation in the appropriate U.S. district court through the Attorney General. Provides appropriate jurisdiction and venue for such proceedings. Provides all appropriate judicial remedies, including injunctions and restraining orders.

Requires the Secretary, in carrying out investigations under this Act, to have reasonable access to documents considered relevant to the investigation. Gives the Secretary subpoena power for the attendance and testimony of witnesses and the production of documents.

Authorizes the Secretary to prescribe regulations for the implementation of provisions of this Act with respect to provision of such rights and benefits by States and private employers. Authorizes the Director of OPM to prescribe such regulations with respect to executive agencies as employers.

Directs the Executive Director of the Federal Retirement Thrift Investment Board to issue regulations applying the wrongful personnel action enforcement and resolution provisions of this Act in the case of alleged actions with respect to persons reemployed with the Board after military service. Allows persons claiming to have been subjected to a wrongful personnel action by the Board to file an action with respect to such claim under appropriate Federal employee provisions.

Directs the Secretary to provide those persons performing military service qualifying under this Act, as well as their employers, with information relating to their reemployment and other rights, benefits, and obligations for purposes of this Act. Requires the Secretary, the Attorney General, and the Special Counsel to each report to the Congress on actions taken in the implementation of this Act.

Exempts the reemployment rights and benefits provided under this Act from general minimum active-duty service requirements applicable to other Federal veterans' benefits.

Applies employment and reemployment provisions of this Act relating to eligibility under employee pension benefit plans to reemployment initiated on or after August 1, 1990.

Authorizes the use of armed forces' and veterans' educational assistance for tuition and fees attributable to solo flight training.

Increases the Federal employment preference for certain Vietnam era veterans to include all such veterans who were discharged or released from active duty after December 31, 1979, under conditions other than dishonorable.

Prohibits the amount of retirement benefit program payments made by employees and certain elected officials for a period of military service from exceeding the amount that would have been deducted or withheld for a period of civilian service if such employee or official had not performed the military service.

Provides that a veteran's spouse who has no child and is covered by a Medicaid plan for services furnished by a nursing home shall receive no more than $90 a month in veterans' pension payments for any period that a nursing facility furnishes such care. (Currently, this provision applies only to a veteran with no spouse or child and receiving such covered care.) Makes such provision permanent (currently expires September 30, 1992).