Page:United States Statutes at Large Volume 110 Part 3.djvu/154

 110 STAT. 1884 PUBLIC LAW 104-188—AUG. 20, 1996 "(A) IN GENERAL.— For purposes of this subchapter and section 457, if an employee is entitled to the benefits of chapter 43 of title 38, United States Code, with respect to any plan which provides for elective deferrals, the employer sponsoring the plan shall be treated as meeting the requirements of such chapter 43 with respect to such elective deferrals only if such employer— "(i) permits such employee to make additional elective deferrals under such plan (in the amount determined under subparagraph (B) or such lesser amount as is elected by the employee) during the period which begins on the date of the reemployment of such employee with such employer and has the same length as the lesser of— "(I) the product of 3 and the period of qualified military service which resulted in such rights, and "(II) 5 years, and "(ii) makes a matching contribution with respect to any additional elective deferral made pursuant to clause (i) which would have been required had such deferral actually been made during the period of such qualified military service. " (B) AMOUNT OF MAKEUP REQUIRED.— The amount determined under this subparagraph with respect to any plan is the maximum amount of the elective deferrals that the individual would have been permitted to make under the plan in accordance with the limitations referred to in paragraph (1)(A) during the period of qualified military service if the individual had continued to be employed by the employer during such period and received compensation as determined under paragraph (7). Proper adjustment shall be made to the amount determined under the preceding sentence for any elective deferrals actually made during the period of such qualified military service. "(C) ELECTIVE DEFERRAL.—For purposes of this paragraph, the term 'elective deferral' has the meaning given such term by section 402(g)(3); except that such term shall include any deferral of compensation under an eligible deferred compensation plan (as defined in section 457(b)). "(D) AFTER-TAX EMPLOYEE CONTRIBUTIONS. — Ref- erences in subparagraphs (A) and (B) to elective deferrals shall be treated as including references to employee contributions. " (3) CERTAIN RETROACTIVE ADJUSTMENTS NOT REQUIRED. — For purposes of this subchapter and subchapter E, no provision of chapter 43 of title 38, United States Code, shall be construed as requiring— "(A) any crediting of earnings to an employee with respect to any contribution before such contribution is actually made, or "(B) any allocation of any forfeiture with respect to the period of qualified military service. " (4) LOAN REPAYMENT SUSPENSIONS PERMITTED.— I f any plan suspends the obligation to repay any loan made to an employee from such plan for any part of any period during which such employee is performing service in the uniformed services (as defined in chapter 43 of title 38, United States

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