OAR 101-030-0022
Continuation of Benefit Coverage for Employees on Active Military Leave


The state will continue to pay the benefit amount for core benefit coverage in effect at the time an eligible employee begins active military duty. This benefit coverage will continue for the duration of the active military leave, up to 24 consecutive months. The agency may end this coverage before or during the 24 months of active duty only if the member submits a signed written request to end the coverage.


An eligible employee may continue the following optional plans during active military duty up to 12 months by self-paying premiums or contributions to the agency:


Optional Life Insurances,


Accidental Death and Dismemberment Insurance,


Long Term Care (LTC), and,


Health Flexible Spending Account (FSA).


An eligible employee on active military leave during open enrollment may make open enrollment benefit elections. The employee may allow another individual to make plan elections in the employee’s absence by providing documentation of a power of attorney to the agency. Enrollment in a Health FSA must occur during open enrollment in order to participate in the new plan year.


An eligible employee who returns to work within 24 months will have available previous optional plan enrollments reinstated retroactive to the first day of the month the employee returns. A returning employee is not required to work at least half-time in the month they return to be eligible for benefits the following month.


The employee must self-pay premiums for optional insurance plan reinstatements for the month in which they return.


An employee returning to work will not be reinstated in Long Term Care, Commuter Accounts or any FSA, unless contributions to their Health FSA and Long Term Care while on military leave continued.


The employee may make midyear plan changes within 30 days of the date they return to work.


A COBRA qualifying event occurs when an eligible employee:


Is no longer in active duty status or paid regular status, and does not return to work following the allowed decompression time;


Remains in active duty status after 24 months of active duty, or;


Terminates employment.

Source: Rule 101-030-0022 — Continuation of Benefit Coverage for Employees on Active Military Leave, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=101-030-0022.

Last Updated

Jun. 8, 2021

Rule 101-030-0022’s source at or​.us