(a) In general. Notwithstanding any provision of this title to the contrary, contributions, benefits, and service credit with respect to qualified military service shall be provided in accordance with the Internal Revenue Code § 414(u).
(b) Application. This section applies to an employee who:
(1) has completed qualified military service under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA");
(2) the employer has rehired under USERRA; and
(3) is a participant entitled to makeup contributions under Internal Revenue Code § 414(u).
(c) Employer contributions. The employer shall make up any employer contribution the employer would have made and which the Plan Administrator would have allocated to the participant's account had the participant remained employed by the employer during the period of qualified military service.
(d) Determination of compensation. During the period of qualified military service, the participant is deemed to receive compensation equal to that which the participant would have received had the participant remained employed by the County based on the participant's rate of pay that would have been in effect for the participant during the period of qualified military service. If the compensation during such period would have been uncertain, the County shall use the participant's actual average compensation from the County for the longer of the 12 month period immediately preceding the period of qualified military service, or the period of the participant's employment.
(e) Employee contributions. The County shall allow a participant to whom this section applies to make up employee contributions to the participant's account. The participant may make up the maximum amount of employee contributions which the participant would have been able to contribute under the terms of this title during the period of qualified military service, less any such amounts the participant actually contributed during such period. The participant must make up any contribution under this subsection (d) between the participant's re-employment commencement date and the lesser of:
(1) five years following the participant's re-employment commencement date; or
(2) a period equal to three times the length of the participant's qualified military service.
(f) Limitations. Contributions under this section are annual additions in the year for which such contributions are allocated, but not in the year in which such contributions are made.
(g) No earnings. A participant receiving any make-up contribution under this section is not entitled to an allocation of any earnings on any such contribution prior to the time that the employer actually makes the contribution or makes timely deposits of the participant's own make-up employee contributions to the trust.
(Bill No. 95-17)