(A) Whenever, after applying the specific construction rules of any definition or provision or part and the general construction rules stated in this subchapter, the plan may be susceptible to more than one construction or interpretation, a construction or interpretation that is consistent with or that is not inconsistent with applicable employment laws is preferred over a construction or interpretation that would result in a violation of or that is otherwise inconsistent with applicable employment laws.
(B) For the purpose of subsection (A) above, employment laws includes the following laws of the United States: Age Discrimination in Employment Act (29 U.S.C. §§ 623 through 631); the Americans with Disabilities Act (29 U.S.C. §§ 12101 et seq.); the Civil Rights Act of 1964 Title VII (42 U.S.C. §§ 2000e et seq.), including the Civil Rights Act of 1991 (Pub. Law No. 101-66, 103 Stat. 1164, 42 U.S.C. §§ 1981A et seq.); the Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001 et seq.); the Equal Pay Act (29 U.S.C. §§ 203 through 206); the Fair Labor Standards Act; the Family and Medical Leave Act; the Immigration Reform and Control Act of 1986 (8 U.S.C. §§ 1158 et seq.); the Labor Management Relations Act (the Taft-Hartley Act) (29 U.S.C. § 186); the Military Selective Service Act to the extent not superseded by USERRA; the National Labor Relations Act (29 U.S.C. §§ 151 et seq.); the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.); the Older Americans Act; the Older Workers Benefit Protection Act (29 U.S.C. §§ 623 through 626); the Pregnancy Discrimination Act; the Social Security Act (42 U.S.C. §§ 301 et seq.); the Unemployment Compensation Law (29 U.S.C. § 49); USERRA (as defined above); the Veterans Re-employment Rights Act (38 U.S.C. §§ 4301 et seq.) to the extent not superseded by USERRA; and the Worker Adjustment and Retraining Notification Act (29 U.S.C. §§ 2101 et seq.).
(Ord. NIRC 97-1, passed 1-15-1997)