For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
QUALIFIED MILITARY SERVICE. Consistent with I.R.C. § 414(u)(5), any service in the Uniformed Services (as defined below) if the individual is entitled to re-employment rights under USERRA with respect to such service.
SERVICE IN THE UNIFORMED SERVICES. Consistent with 38 U.S.C. § 4303(13), the performance of duty on a voluntary or involuntary basis in a Uniformed Service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.
UNIFORMED SERVICE. Consistent with 38 U.S.C. § 4303(16), any one or more of the Armed Forces, the Army National Guard or the Air National Guard when engaged in active duty for training or inactive duty training or full-time National Guard duty, the commissioned corps of the Public Health Service or any other category of persons designated by the President of the United States in time of war or emergency.
USERRA. The Uniformed Services Employment and Re-Employment Rights Act of 1994 (Public Law No. 103-353) (October 13, 1994) codified at 38 US.C. §§ 4301 et seq.
(Ord. NIRC 97-1, passed 1-15-1997)