Consistent with 38 U.S.C. § 4318(b)(2) and I.R.C. § 414(u)(2), if a person is re-employed under 38 U.S.C. §§ 4301 et seq., with respect to the period(s) of service in the Uniformed Services, the participant may pay (if he or she has not already done so) and the Plan Administrator then shall allocate to the re-employed participant’s account any employee contributions in the amount required or any amount permitted that would have been required or permitted to be made and then allocated to the participant’s account if the participant had been actively at work for the employer. No such payment shall exceed the amount the re-employed person would have been permitted to contribute had the person remained continuously employed by the employer throughout his or her service in the Uniformed Services. Consistent with I.R.C. § 414(u)(2)(A)(i), any such payment to the plan may be made during the period beginning with the date of re-employment and whose duration is the lesser of five years or three times the period of the re-employed person’s service in the Uniformed Services.
(Ord. NIRC 97-1, passed 1-15-1997)