benefitsguru Posted June 8, 2015 Posted June 8, 2015 If an employer reemploys an employee even though she has been on a military leave of absence for > 5 years, does that mean the employer has to provide the employee with credit under its pension plan (participation, vesting, benefit accrual)? It doesn't seem right that the employer that is more generous than it has to be in reemploying the employee then has to provide service credit for all those years in the pension plan (about 7 years in this case and the employee only worked at the employer for 5 years). Thanks in advance.
Andy the Actuary Posted June 8, 2015 Posted June 8, 2015 What does Plan document say? The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
benefitsguru Posted June 8, 2015 Author Posted June 8, 2015 Benefits will be provided in accordance with 414(u) and USERRA. Not very helpful.
Andy the Actuary Posted June 9, 2015 Posted June 9, 2015 Yipes. You either need a benefits attorney or a lot of reading patience! The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
rcline46 Posted June 9, 2015 Posted June 9, 2015 I think your document provider needs to step up and detail what that means, and I do not mean by reference.
Belgarath Posted June 9, 2015 Posted June 9, 2015 I actually think this was sort of standard language in EGTRRA pre-approved documents. The potential scenarios involved are many, and you really have to look at each situation individually. As a very general rule, if there is qualified military service and qualified reemployment, you would only have to credit up to 5 years. And what is "fair" is determined by the law, which was of course designed to assist those folks in our armed forces who have to sacrifice a lot for the rest of us. But as mentioned earlier, you'll have a lot of reading to do. Some situations are pretty straightforward, and some are pretty complicated. And some employers are very recalcitrant when it comes to properly COMPLYING with the law. Good luck!
Fielding Mellish Posted January 16, 2016 Posted January 16, 2016 Related question. Participants in the National Guard have 2 weeks of training every summer. When they are engaged in that training, are they covered by USERRA? In other words, does an employer have to make contributions to both the defined benefit and defined contribution plans for those 2 weeks? Or is that not considered "active duty" for USERRA purposes? You cannot bash in the head of an American citizen without written permission from the State Department.
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