H. BENEFITS FOR CERTAIN ARMED SERVICES UNDER FEDERAL LAW.
Pursuant to various military veterans' laws, an authorized leave of absence due to certain military service in the U.S. Armed Forces is considered Covered Employment provided that you comply with all of the requirements of applicable federal law, the Plan, and any rules established by the Board of Trustees. This Plan provides benefits only for service which is required to be protected under The Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA). Generally, USERRA service means service in the Armed Forces of the United States, but may also include uniformed service for other branches of the United States Government such as the U.S. Public Health Service.
To be entitled to USERRA benefits rights, you must have been working as a covered Employee during the 90 days prior to your commencement of USERRA protected service, have returned to work as a covered Employee within 90 days following your discharge, have been honorably discharged and served more than 90 days but less than 5 years. The Board of Trustees has the absolute discretion to determine whether you meet USERRA service requirements and may require that you certify your periods of employment and provide any other pertinent information or documentation.
In determining the level of benefits to which you are entitled for the designated USERRA service, the Plan will calculate and credit your individual account with the Employer contributions only based on the highest average monthly employer contribution made on your behalf during the 12 consecutive month period during which the highest number of hours were reported within the 24 month period immediately preceding the date you commenced such military service. You may also choose to make any missed elective deferral contributions upon your return to covered employment. You may make up the elective deferrals that you missed by depositing into the Plan an amount equal to the highest average annual elective deferral rate of contributions that you made during the 12 consecutive month period during which the highest number of hours were reported within the 24 month period immediately preceding the date you commenced USSERA service for each month of such service. For example, if you had an average of 120 hours per month of elective deferral contributions at $2.00 per hour during the 24 months preceding your USERRA service, upon your return to covered employment you may deposit into the Plan $240.00 for each full month of your USERRA service.
If your USERRA service does not exceed 90 days, you will not be entitled to any Plan credit under USERRA.
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