CHAPTER 33: SPECIAL CIRCUMSTANCES

Section

Re-Employment after Uniformed Service

   33.001   Protection of persons who serve in uniformed service

   33.002   Effective dates

   33.003   Definitions

   33.004   Service crediting

   33.005   Compensation

   33.006   Non-elective employer contributions

   33.007   Matching employer contributions

   33.008   Employee contributions

   33.009   Plan loan repayment

Plan Loan

   33.020   Availability of plan loan

   33.021   Plan loan must be available to all

   33.022   Plan loan provisions

   33.023   Plan loan must be adequately secured

   33.024   Plan loan must bear a reasonable rate of interest

   33.025   Plan loan limit

   33.026   Plan loan repayment period

   33.027   Plan loan amortization

   33.028   Other provisions

Plan-Approved Domestic Relations Order

   33.040   QDRO procedures

   33.041   Determination as to order’s status

   33.042   Investment direction during domestic relations matter

   33.043   Giving effect to a plan-approved domestic relations order

   33.044   Domestic relations proceeding

RE-EMPLOYMENT AFTER UNIFORMED SERVICE

§ 33.001 PROTECTION OF PERSONS WHO SERVE IN UNIFORMED SERVICE.

   (A)   To the extent required by 38 U.S.C. § 4318, a person who is a member of, applies to be a member of, has performed, applies to perform or has an obligation to perform service in a Uniformed Service shall not be denied any deferred compensation or right under this plan on the basis of such membership, performance of service, application for service or obligation.

   (B)   Consistent with all provisions of USERRA, any provision of this subchapter and any other right under the plan arising out of or related to re-employment after service in the Uniformed Services does not apply unless and until: the person is eligible for re-employment under 38 U.S.C. § 4304 (honorable discharge), the person applied for re-employment in compliance with 38 U.S.C. § 4312 and the participant or employee furnishes to the Plan Administrator satisfactory documentation concerning the service in the Uniformed Services, 38 U.S.C. § 4312(e)(3)(B).

(Ord. NIRC 97-1, passed 1-15-1997)

§ 33.002 EFFECTIVE DATES.

   Consistent with USERRA § 8, the provisions of 38 U.S.C. Chapter 43, as in effect on the day before the date of enactment of USERRA, apply to re-employments before December 12, 1994. Consistent with USERRA § 8, the provisions stated in this subchapter apply to re-employments on or after December 12, 1994, except that any obligation under this subchapter shall not commence until October 13, 1996.

(Ord. NIRC 97-1, passed 1-15-1997)