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What is Active Duty for SCRA?
Answer by Andy Zaviona, BOL Guru
Guru BIOS
Question: What is considered active duty? We have a customer who is in the National Guard full-time and has been activated to Iraq. If in this case he is afforded the SCRA relief, where does that put the career military who have been activated to Iraq?
Answer: If your customer is full-time National Guard and he was simply assigned to Iraq, his employment, income and status did not change. (This would vary if they were reassigned and in effect called up under Title 10 or 32. If they had a status change in this, SCRA would apply because of Sect. 101 or 106, which is where this is defined.)
Like active-duty military who are assigned overseas, persons in your customer's situation may gain protections on leases and spousal coverage because of the deployment, but the key protection bankers focus on, the 6% rate, is not invoked. Because of the particulars in the definition of "active duty" under 101(2)(A), you need to review the law and the person's orders carefully. Though I suspect this is just another duty assignment, it is worth looking at closely.
First published on BankersOnline.com 11/1/04 (Edited 02-16-05)
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