Tell me if you think I'm interpreting this one correctly:
101.2(A)(ii) pulls the National Guard under SCRA coverage
106(a) says a member of a reserve component is entitled to the rights and protections of Titles I, II, and III BEGINNING ON THE DATE OF THE MEMBER'S RECEIPT OF THE ORDER (reserve component isn't defined so I'm interpreting it as including the Natl Guard based on 101.(2)(A)(ii)
207 gets into rate reductions and the 6.00% cap so it's part of Title II
So here's the scenario: Natl Guard officer gets warning orders in late May for an Aug deployment to Iraq - receives an email confirmation of those orders on 7/15 - receives the actual physical orders on 7/22 with a report date of 8/15. The way I'm reading this, he can request the 6.00% rate cap beginning on the date of the receipt of his orders which I'm interpreting to be the actual physical orders he'll be handed tomorrow, 7/22 even though he doesn't actually report for active duty until 8/15.
Does this interpretation hold water with you guys? If so, does anyone understand the intent of SCRA to give them coverage from date of receipt of orders rather than report date? My guess (and it's just a guess) is that once they get those orders they have physicals to take at a military installation, paperwork to fill out, affairs to put in order, travel time if they're deployed to another Guard unit halfway across the country (as in this case), and all of that takes time and happens prior to the report date.
I've got POA on a friend that's being deployed to Iraq and I want to invoke SCRA rate caps as soon as possible so I know my reading of the law has some bias to it. As the bank officer who will have to answer the question when it comes up with our customers, I'd like some help thinking through this without the bias.
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CRCM|CAMS