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USERRA and Multi-Employer Plans


Guest CJK

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Posted

How do the requirements of USERRA work with a multi-employer plan? Obviously, the employee works or can work for several employers during any period of time. If this multi-employer plan participant goes on military leave, how are the USERRA benefits and contributions made up? How are the credits allocated between employers? As you can tell I don't work with multi-employer plans but was asked the question. I figured I could learn something so I am looking into the matter. Thanks!

Guest BenefitsLawyer
Posted

USERRA provides that a plan document may specify who (i.e., which employer) has the payment obligations for a multiemployer plan. USERRA also provides that if the plan document does not specify, then the last employer before the participant went on military leave has the obligation. And, finally, USERRA provides that if the last employer is no longer in business, the plan itself has the obligation.

Posted

Thanks very much for you help. As I hoped I learned something new.

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