PS Posted January 26, 2022 Posted January 26, 2022 Hi, One of the participant is on a Military leave and when he returns do the plan sponsor needs to pay for the safe harbor portion? The plan is Terminating.
BG5150 Posted January 26, 2022 Posted January 26, 2022 What does the plan say about military leave? QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
PS Posted January 26, 2022 Author Posted January 26, 2022 The Plan document is silent of this, could not find anything regarding safe harbor and Military leave
CuseFan Posted January 27, 2022 Posted January 27, 2022 There should be USERRA provisions for this in the document, and you may need to look at the BPD in addition to the AA. And if there is an incorporation by reference then go to the applicable code or regulations. I believe that contributions are required. However, if the person returns to work from the leave after the plan has terminated and distributed assets, I don't think (s)he would be entitled to anything. Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
PS Posted January 27, 2022 Author Posted January 27, 2022 1 hour ago, CuseFan said: There should be USERRA provisions for this in the document, and you may need to look at the BPD in addition to the AA. And if there is an incorporation by reference then go to the applicable code or regulations. I believe that contributions are required. However, if the person returns to work from the leave after the plan has terminated and distributed assets, I don't think (s)he would be entitled to anything. Thank you!
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