Consistent with 38 U.S.C. § 4318(b)(2), if a person is re-employed under 38 U.S.C. §§ 4301 et seq. and makes employee contributions as permitted by § 33.008, with respect to the period(s) of service in the Uniformed Services, the employer shall pay (if it has not already done so) and the Plan Administrator shall allocate to the re-employed participant’s account any employer matching contribution for the participant in the amount (without investment income or earnings of any kind) that would have been allocated to the participant’s account if the participant had been actively at work for the employer to the extent that the re-employed participant makes payment to the plan for employee contributions. Consistent with I.R.C. § 414(u)(2)(A)(ii), the employer has no obligation to pay the matching contribution until and its obligation is only to the extent that the re-employed participant pays his or her employee contribution.
(Ord. NIRC 97-1, passed 1-15-1997)