Louisiana Administrative Code › Title 58 - RETIREMENT › Part III - Teachers' Retirement System of Louisiana › Chapter 15 - Optional Retirement Plan (ORP) › Section III-1529 - USERRA

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding
				any provisions of this plan to the contrary, contributions, benefits, and
				service credits with respect to qualified military service shall be provided in
				accordance with the Uniformed Services Employment and Reemployment Rights Act
				of 1994 ("USERRA") and the Heroes Earnings Assistance and Relief Tax Act of
				2008 ("HEART"), IRC §401(a)(37), and IRC §414(u)
B. For purposes of this Section, the
				following definition shall apply.
Qualified Military Service
(as defined by in
				  chapter 43, title 38,
United States Code
)-the performance of
				  duty on a voluntary or involuntary basis in a uniformed service under competent
				  authority and includes active duty, active duty training, initial active duty
				  for training, inactive duty training, full-time National Guard duty, a period
				  for which a person is absent from a position of employment for the purposes of
				  an examination to determine the fitness of the person to perform any such duty,
				  and a period for which a person is absent from employment for the purposes of
				  performing funeral honors duty as authorized by 10 U.S.C. §  12503 U.S.C. § 115
				   if such individual is entitled to reemployment rights under USERRA with respect
				  to such service.
Uniformed Service
-the Armed Forces, the Army
				  National Guard and the Air National Guard when engaged in active duty for
				  training, inactive duty training, or full-time National Guard duty, the
				  commissioned corps of Public Health Service, and any other category of persons
				  designated by the President of the U.S. in the time of war or national
				  emergency.
C. An eligible
				employee whose employment is interrupted by qualified military service under
				IRC §414(u) or who is on a leave of absence for qualified military service
				under IRC §414(u) shall be entitled to receive any employer contributions that
				he failed to receive under the plan as a result of his military service,
				provided he returns to employment with the employer upon receiving an honorable
				discharge from military service and there is no intervening employment outside
				of the employment with the employer.
D. Effective January 1, 2009, an eligible
				employee whose employment is interrupted by qualified military service or who
				is on a leave of absence for qualified military service and who receives a
				differential wage payment within the meaning of IRC §414(u)(12)(D) from the
				employer will be treated as an eligible employee of the employer and the
				differential wage payment will be treated as compensation for purposes of
				applying the limits on annual additions under IRC §415(c)
E. Effective January 1, 2007, death benefits
				payable under the plan shall be paid in accordance with IRC §401(a)(37), which
				provides that in the case of an eligible employee who dies while performing
				qualified military service (as defined in IRC §414(u)), the survivors of the
				eligible employee are entitled to any additional benefits (other than benefit
				accruals relating to the period of qualified military service) provided under
				the plan had the eligible employee resumed and then terminated employment with
				the employer on account of death.
F. Notwithstanding anything in the plan to
				the contrary, a participant who is a reservist or national guardsman (as
				defined in 37 U.S.C.
				§101 (24), and who was ordered or called
				to active duty, after September 11, 2001, for a period in excess of 179 days or
				for an indefinite period may request, during the period beginning on the date
				of the order or call to duty and ending at the close of the active duty period,
				a distribution of all or part of his or her account attributable to salary
				deferral contributions. The distribution shall be paid to the participant as
				promptly as practicable after the plan administrator or ORP provider receives
				the participant's request. If the participant's interest in the plan is
				invested in more than one of the separate investment options maintained under
				the plan, a withdrawal of less than the complete balance of the interest shall
				be withdrawn pro rata from each applicable investment option.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 11:921-929.