Thursday, June 11, 2020

State Active Duty (SAD) Frequently Asked Questions (FAQ)

TAB D (SAD FAQ) TO APPENDIX 1 (IN-OUT PROCESSING CHECKLIST) TO ANNEX E (PERSONNEL) TO JFHQ CONPLAN 20-01 (PANDEMIC INFECTIOUS DISEASE)

Q: Did the state law change for State Active Duty (SAD) pay?
A: Yes. Effective 28 July 2019, the Washington State Legislature approved the following changes to SAD Pay:
  1. SAD Minimum Wage: Is now based on the state minimum wage (previously the federal minimum wage. The state minimum wage rate for 2019 is $13.50 per hour. Pay rate is calculated at 8 hours of straight pay plus 6 hours of overtime pay at 1.5x minimum wage, for a total of 14 hours per day or: (8 hours @ $13.50) + (6 hours @ $20.25) = $229.50

  2. SAD Daily Military Rate: There is no change; it is calculated using the military monthly basic pay amount divided by 30 (based on PEBD or Pay Date), plus Basic Allowance for Housing Reserve Component (RC)/Transient monthly rate for the current calendar year for the service member's grade and dependency status (with or without dependents) divided by 30, plus monthly special pay rate divided by 30 (if applicable). Special pay examples: flight pay, language pay, cyber security pay.

  3. SAD Monthly Military Rate: Calculated for service members serving on SAD for 30 consecutive days or longer. The military monthly pay rate is the military monthly basic pay amount (based on PEBD or Pay Date), plus BAH for service member's home of record for the current calendar year for the service member's grade and dependency status (with or without dependents), plus Basic Allowance for Subsistence (if meals are not provided), plus Special Pay (as applicable).
Service members will continue to receive the greater of the pay rates they are eligible for, based on the SAD event.

Q: How much will I get paid on SAD?
A: By state law, Service members responding to any non-wildfire event are authorized your military daily rate or state minimum wage daily rate - whichever is GREATER.

Example 3: E6 service member with 16 years of service, 3 dependents, and no special pay is called to SAD for flood response. The SAD period of service is 18 days.

 Basic Pay     +    BAH            ÷    30   =     Military daily rate
 $4144.00      +     $1083.00     ÷    30   =              $173.23
State minimum wage daily rate: $229.50

The service member will receive the state minimum wage daily rate of $229.50 (the highest rate).

Example 4: E8 service member with 22 years of service, 1 dependent, and no special pay is called to SAD for JOC staff support for a civil disturbance in downtown Olympia. The SAD period of service is 29 days.

 Basic Pay     +    BAH            ÷    30   =     Military daily rate
 $5788.00      +     $1263.30     ÷    30   =              $235.04
State minimum wage daily rate: $229.50

The service member will receive the state minimum wage daily rate of $235.04 (the highest rate).

Q: What happens if I work less than 14 hours a day? Will I receive partial pay?
A: No. Service member is paid at daily rate, regardless of number of hours worked.

Q: What happens if I report for SAD and I am medically disqualified for SAD service?
A: You will be out-processed and transportation will be arranged to return you to your report location (if required). You will be authorized travel time to your home of record (HOR). If authorized travel extends to the following calendar day, you will receive pay for your report day and the following day. Service members found medically disqualified for SAD service will be paid either their military daily rate or state minimum wage daily rate, whichever is higher.

Q: How will I get paid?
A: All SAD pay is sent by check to the address on file in the SAD database. There is no electronic transfer of funds at this time.

Q: When will I get paid?
A: State pay is processed twice per month. State HRO will mail checks for work performed the 1st through the 15th no later than the 25th of that month. Checks for work performed the 16th through the end of the month will be issued no later than the 10th of the following month.

Q: Will I earn military retirement points on SAD status?
A: No. SAD does not confer state or federal benefits such as leave accrual, holiday pay, unemployment, pension, medical benefits, or retirement points.

Q: I am a Technician or Title 5 Employee - can I go on SAD?
A: As a Technician or Title 5 Employee you may enter SAD status and receive SAD pay however, you must be in an approved leave status to go on SAD. It is the employee's responsibility to coordinate leave dates and status with your supervisor. Full-time and Temporary federal or state employees may support SAD operations in the execution of the regular duties as supported by federal law, regulation, and state policy. Individuals in this category will verify eligibility to support SAD events with their supervisor or appropriate Human Resources Office (HRO).

Q: I am a Technician - am I eligible to take Law Enforcement Leave (LEL)?
A: Yes. Permanent or Indefinite employees are entitled to 22 days of military LEL under the provision of 5 USC 6323(b) while performing voluntary or involuntary call to SAD. LEL is not "dual compensation" leave. An employee will not be authorized to retain both SAD and federal employee pay. Two basic rules apply: (1) If the SAD pay is greater than the technician pay, the no technician pay would be due or (2) If the SAD pay is less than the technician pay, then the difference between the two is paid on the technician payroll. Contact the Federal HRO for more information.

Q: I am ADOS - can I go on SAD?
A: Service members on ADOS orders will not be activated for SAD. If your commander determines you are mission essential for a SAD mission, your unit will need to terminate your ADOS orders. Leave you accrued during your time on ADOS orders may be sold back to you. Termination of ADOS orders will result in disenrollment from TRICARE. After you are terminated from SAD status, and if you are approved to return on ADOS orders, it is your responsibility to reenroll in TRICARE. You WILL NOT automatically be reenrolled. Regardless of the time you spend on SAD, you should expect a minimum 30 day break in medical coverage for you and your eligible dependents. In rare circumstances, members on ADOS may be authorized to support SAD events without termination of orders. Approval will not be delegated below the Joint Chief of Staff/J3 level.

Q: What if I get hurt while I am on SAD?
A: If you are injured while on SAD, immediately notify your Task Force chain of command. they will assist you in filing a SAD medical accident claim. Your Task Force will submit the claim through the J1 to the State Human Resources Office (HRO). IMPORTANT: If you do not report the accident at the time of the injury, your final opportunity to report the injury is at out-processing (reverse JRSOI). Requests to submit accident claims after the service member has ended SAD status will not be accepted! State HRO will convene a board to determine the status of the medical claim. State HRO will pay medical expenses related to injuries incurred on SAD as approved by the medical board. After completion of SAD, submit all inquiries for medical claims through your unit.

Q: Is there employment and reemployment rights for Guard members called to SAD?
A: Yes. Revised Code of Washington (RCW) 73.16 protected the employment rights of all Guard members with military service obligations under state authority, such as members of the National Guard ordered to SAD. You can find more information at https://www.atg.wa.gov/employment-protections-veterans-military-personnel 

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