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UC RETIREMENT PLAN DOCUMENT - UPTE-CWA

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University of California Retirement Plan Article 5<br />

periods on pay status before and after an approved leave of absence<br />

without pay.<br />

(c) Service Credit During Military Leave.<br />

Service Credit shall be earned without payment of Member and<br />

University Contributions by an Active Member for a period on military<br />

leave provided the Member returns to University service at the<br />

expiration of such leave in accordance with the Member's<br />

reemployment rights in compliance with 38 U.S.C. §§4300–4333, as<br />

amended by the Uniformed Services Employment and<br />

Reemployment Rights Act (USERRA), or other applicable law. The<br />

amount of Service Credit for a Plan Year during such period shall be<br />

equal to the ratio indicated in (a) above for the last 12 months of<br />

continuous service preceding the effective date of military leave.<br />

Continuous service includes periods on pay status before and after<br />

an approved leave of absence without pay. For purposes of this<br />

Section, a Member on military leave in accordance with USERRA or<br />

other applicable law shall be treated as not having incurred a Break<br />

in Service. A Member entitled to Service Credit under this subsection<br />

may, but need not, make up Member Contributions for the period of<br />

leave pursuant to Section 4.02.<br />

(d) Service Credit Established.<br />

An Active Member who is or has been without pay on account of an<br />

approved leave of absence without pay, furlough, temporary layoff,<br />

sabbatical leave, or extended sick leave, (collectively "Leaves" for<br />

purposes of 5.04(d) only) may, upon return from such status and<br />

proper request, establish Service Credit for such period by:<br />

• for that portion of the period occurring before November 1, 1990,<br />

making payment to the Plan of an amount equal to the University<br />

Contributions and Member Contributions which would have been<br />

paid to the Plan, plus interest to the date of completion of<br />

payment, and/or<br />

• for that portion of the period occurring on or after November 1,<br />

1990, making payment to the Plan in an amount equal to the Total<br />

Normal Cost, plus interest to the date of completion of payment.<br />

An Active Member who is or has been without pay on account of a<br />

Leave which commences on or after July 1, 1997, other than military<br />

leave, sabbatical leave, furlough, temporary layoff, or extended sick<br />

leave, may only establish Service Credit for a period of up to 24<br />

September 2004 46

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