Consistent with 38 U.S.C. § 4318(b)(3) and I.R.C. § 414(u)(7) and I.R.C. § 457(e)(5), for the purposes of computing any contributions required or permitted under this subchapter, the re-employed participant’s compensation during the period of qualified military service shall be either the compensation the participant would have received during such period if the participant were not in qualified military service, determined based on the rate of pay the participant would have received from the employer but for absence during the period of qualified military service or, if the compensation the participant would have received during the period of absence for qualified military service was not reasonably certain, the participant’s average compensation from the employer during the 12-month period (or, if shorter, the entire period of employment) immediately preceding the qualified military service.
(Ord. NIRC 97-1, passed 1-15-1997)