Section XXI-301 - Benefits for Qualified Military Service (Louisiana Code of Regulations)

§ XXI-301. Benefits for Qualified Military Service

A. Death and Disability. As provided under R.S. 11:1614(F), the following shall apply.

1. In the case of a death or disability occurring on or after January 1, 2007, if a member dies or becomes disabled while performing qualified military service (as defined in IRC § 414(u)), the member or the member's beneficiary is entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as if the participant had resumed and then terminated employment on account of death.

a. Moreover, the plan will credit the member's qualified military service as service for vesting purposes, as though the member had resumed employment under USERRA immediately prior to the member's death.

B. Differential Wage Payments. If the members employer makes differential wage payments during the members qualified military service, then the member shall be credited with compensation for purposes of the system.

C. Qualified Military Service¾any s ervice in the uniformed services (as defined in chapter 43 of title 38, United States Code), by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service.

(Promulgated by the Board of Trustees of the District Attorneys Retirement System, LR 41:2314 (November 2015).)

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:1588(A), R.S. 11:1614(F), and the provisions of the Administrative Procedure Act, R.S. 49.950 et seq.

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