Common use of Compliance with USERRA and Make-Up Contributions Clause in Contracts

Compliance with USERRA and Make-Up Contributions. Notwithstanding any provision of the Plan to the contrary, with regard to an Employee who, after serving in the uniformed services, is reemployed within the time required by USERRA, contributions shall be made and benefits and service credit shall be provided with respect to his or her qualified military service (as defined in Code Section 414(u)(5)) in accordance with Code Section 414(u). Furthermore, notwithstanding any provision of the Plan to the contrary, Participant loan payments may be suspended during a period of qualified military service. A Participant who is in qualified military service and who is reemployed within the time required by law after the expiration of his or her qualified military service may, within the time prescribed in this Section 18.2, after the Participant’s reemployment make Salary Deferral Contributions (including Retirement K Contributions), Catch-Up Contributions, Prior Plan Employee Pre-Tax Deferral Contributions, Prior Plan ▇▇▇▇ Contributions, and/or Prior Plan After-Tax Employee Contributions (collectively, “Make-Up Contributions”) for the period of his or her qualified military service based on the Participant’s deemed Pay during his or her qualified military service to the extent such Contributions would have otherwise been permitted, subject to any Plan limitations as then in effect and the limitations described in Code Section 414(u)(1). A Participant who elects to make Salary Deferral Contributions pursuant to this Section 18.2 shall also elect the extent to which such Contributions will consist of Employee Pre-Tax Contributions and the extent to which they will consist of ▇▇▇▇ Contributions. Such Make-Up Contributions may be made in such manner as such Contributions may have otherwise been made during the Participant’s qualified military service, and must be made during the period, beginning with the date of the Participant’s reemployment after his or her qualified military service, equal to the lesser of (i) three times the period of his or her qualified military service or (ii) five years. As soon as reasonably practicable after any such Make-Up Contributions are made, the Employer shall make the Company Matching Contribution, Company Corrective Matching Contribution, and/or Sterling Steel Contribution that would have been made during the Participant’s qualified military service with respect to such make-up contributions. Additionally, the Employer shall make any Parthenon Company Profit Sharing Contributions that would have been made under this Plan or the Prior Plan during such a reemployed Participant’s period of qualified military service, regardless of whether the Participant elects to make Make-Up Contributions. Such Parthenon Company Profit Sharing Contributions shall be made as soon as reasonably practicable after the Participant’s reemployment.