Reso 2010-068 - Laserfiche WebLink

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Employee's eligibility and of any application or other requirements for participation. By becoming a Participant, the Employee agrees to be bound by all terms, conditions and covenants of this Plan as then in effect or as thereafter amended. 3.05. Military Leaves. A. Each period served by a person in the uniformed services shall, upon reemployment under USERRA, be deemed to constitute service with the Employer maintaining the Plan for the purpose of determining the accrual of benefits under the Plan, all to the extent required by and as provided under USERRA. Notwithstanding any provision in the Plan to the contrary, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Code section 414(u}. B. The Plan specifically incorporates Herein by reference the requirements of Code section 401(a)(37), the Treasury regulations thereunder and any subsequent guidance under Code section 401(a)(37) requiring that if a Participant dies while performing :qualified military service (as defined in Code section 414(u)), the Beneficiary(ies) of the Participant shall be entitled to any additions{ benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan had the Participant resumed employment on the date before the Participant's date of death and then had a Severance From Employment on account of death. C. For purposes of the Restrictions On Distributions subsection of the Commencement Of Payment Of Benefits section, below, a Participant shall be treated as having a Severance From Employment during any period the Participant is performing service in the uniformed services described in Code section 3401(h)(2)(A). If a Participant elects to receive a distribution from the Plan as result of the application of this subsection, the Participant may not make Elective Deferred Compensation to the Plan during the six (6) month period beginning on the date of the distribution. 3.06. Eligibilitx Of Reemployed Employees. If a Participant who has had a Severance From Employment is reemployed by the Employer within an eligible class, the Employee may again become a Participant in the Plan on the first day of the next following calendar month. 3.07. Eligibility Of Excluded Employees. If a Participant becomes ineligible to continue to participate because the Participant is no longer a member of an eligible class of Employees, such Employee may again become a Participant in the Plan upon return to an eligible class of Employees on the first day of the calendar month after reemployment. If an Employee who is not a member of the eligible class of Employees becomes a member of the eligible class, such Employee may become a Participant in the Plan on the first day of the calendar month after becoming a member of an eligible class. 3.08. Omission Of Eligible Employee. If an Employee who should have been included as a Participant for a calendar year is erroneously omitted and discovery of the omission is made after the Nonelective Deferred Compensation is made and allocated, the Employer and the Administrator may correct the erroneous omission of the Employee in accordance with the requirements of the Internal Revenue Service through standards that are similar to those set forth in the Employee Plans Compliance Resolution System as described in Rev. Proc. 2008-50 and any subsequent guidance or standards similar to such requirements. 9