Reserve Benefits for Serving in a “Kitat Konenut”

The circumstances of the Swords of Iron War have made it necessary to expand the activities of kitot konenut, Israeli towns’ and cities’ defense squads. Thus, the Knesset moved to enact emergency legislation prescribing remuneration for serving in a kitat konenut, applying principles similar to those for military reserve service.

This is a new issue, and the arrangements with the National Insurance Institute are under formulation. It is likely the Knesset and NII will resolve many issues only later, and with the help of court rulings.

As is known, the Ministry of Defense is the financial source for paying reserve benefits. The National Insurance Institute is the operative entity responsible for transferring such payments. However, the instructions on how and to whom to issue reserve benefits come from the Ministry of Defense itself.

When there is overlap between reserve duty and work hours, the salary is offset against the reserve benefit to ensure there is no double payment. If the reserve benefit exceeds the actual salary payment, the employee receives the excess. If the reserve benefit is less than the salary payment, the employer may charge the employee the difference.

However, there is no obstacle to an employee working and receiving a salary, and also serving on reserve duty without interruption to his work hours. Thus, the employee will recieve a reserve benefit in addition to his salary.

Home Front Command

Up until now, reserve benefit arrangements did not include kitot konenut, since serving in them was on a voluntary basis.

However, as a result of the recent emergency legislation, serving in a kitat konenut, within the framework of the Home Front Command and in coordination with the authorities, has now been recognized as military reserve duty. It is tantamount to being called up for reserve duty under the Home Front Command.

Therefore, active service in a kitat konenut qualifies for reserve benefits.

The arrangement is that employers continue paying salaries to employees called up to kitat konenut and then settle accounts with the NII. If the service coincides with work hours, the employer should offset the reserve benefit against the salary it pays. If service does not coincide with work hours, then the reserve benefit is in addition to salary. In any case, the payment from the NII is through the employer, who then transfers it to the employee.

employ

According to the rules formulated by the National Insurance Institute, “deployment days” and “lull days” recognized as such within the framework of the kitat konenut will also count as eligible for reserve benefits.

Service Under an Order 8

It is important to note that the legislation relates only to service under an Order 8. That is, when the authorities call an employee up to serve in a kitat konenut (whether operational service or training).

In this case, the employee may receive a reserve benefit. The legislation does not cover instances in which people volunteer at their own initiative. “On-call” days, in which the employee did not actually report for service, do not entitle the employee to reserve benefit.

In any case, in cases in which an employer received a reserve benefit from the National Insurance Institute for an employee’s service in a kitat konenut, for hours and days the employee worked without interruption, the employer must pay the employee his salary and also transfer all of the reserve benefit to him.

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Adv. Amos E. Rosenzweig, an of counsel at Barnea Jaffa Lande and an expert on national insurance issues, is at your service to answer any questions you may have about employers’ obligations during the state of emergency on the home front and in general.