Military Distribution Protected Benefits?

[DTH]

Are military deemed severance and qualified reservist distributions a protected benefit?

Thanks!!

[ErisaGooroo]

I was wondering the same question. Does anyone want to take a stab at answering this question?

Happy Monday!

[Belgarath]

IMHO, yes, these are protected benefits. Basically, any optional form of benefit is protected unless there is a specific exemption, and as far as I can recall, no such exception exists for these.

As a purely personal editorial opinion, I can't imagine why an employer would want to take away such an option for someone who is engaging in qualified military service, but of course I don't know the specific situation. My general philosophy is to make things as easy for these folks as possible.

[ErisaGooroo]

Thank you for your humble opinion and reply.

[RatherBeGolfing]

IMHO, yes, these are protected benefits. Basically, any optional form of benefit is protected unless there is a specific exemption, and as far as I can recall, no such exception exists for these.

As a purely personal editorial opinion, I can't imagine why an employer would want to take away such an option for someone who is engaging in qualified military service, but of course I don't know the specific situation. My general philosophy is to make things as easy for these folks as possible.

I agree.

I would also ask why you would want to remove the option. My personal opinion aside, it is such a rare issue in my practice that it would be much easier for all my plans to retain the option than remove it.