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USERRA - Contributory DB Plan


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For employees returning from military leave, it's my understanding they have the option to make their employee contributions for time out under USERRA, but are not required to do so.  What about the employer's contribution?  Does it have to be made if the employee elects not to make his/her contribution? 

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I think you might be asking whether or not the employee's accrued benefit will need be increased if the employee does not make the required contribution. According to the USERRA Regs (20 CFR Part 1002.265):

(b) In a contributory defined benefit plan, the employee will need to make up contributions in order to have the same benefit as if he or she had remained continuously employed during the period of service.

This assumes that the employee contribution is required under all circumstances.

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