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Guest Grumpy456
Posted

I have questions about two short scenarios:

Scenario 1. A plan does not suspend loan repayments during periods of USERRA service and requires repayment via payroll deduction. Also, the employer does not pay an individual while on USERRA service--so there isn't any payroll from which to deduct the loan repayment. Does an individual's loan going into default at the end of the "cure period" following the first missed payment even though they are on USERRA service?

Scenario 2. A plan suspends loan repayments during periods of USERRA service. However, while an individual is USERRA service, the employer terminates them because they have been on USERRA service for more than 5 years. At the time their USERRA service period began, the individual had an outstanding plan loan. Since the individual has now been terminated, does the individual's loan go into default?

Thanks in advance for your help.

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