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Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan Consistent with all provisions of USERRA, any provision of this Part and any other right under the Plan arising out of or related to reemployment after Service in the Uniformed Services does not apply unless and until : the person is eligible for reemployment under 38 U. S . C . § 4304 [honorable discharge] , the person applied for reemployment in compliance with 38 U . S . C . § 4312 , and the Participant or Employee furnishes to the Plan Sponsor satisfactory documentation concerning the Service in the Uniformed Services 38 U. S . C . § 4312 (e) (3 ) (B ) , . 8 . 1 . 1 Effective Dates Consistent with USERRA § 8 , the provisions of United States Code title 38 chapter 43 , as in effect on the day before the date of enactment of USERRA, apply to reemployments before December 12 , 1994 . Consistent with USERRA § 8 , the provisions stated in this Part apply to reernployments on or after December 12 , 1994, except that any obligation under this Part shall not commence until October 13 , 1996 . 8 . 2 Definitions Solely for the purposes of this Part (including any Provision or Definition that refers to this Part), each of the following terms has the meaning stated below . 8 . 2 . 1 " Qualified Military Service " means, consistent with IRC § 414(u)( 5 ), any Service in the Uniformed Services (as defined below) if the individual is entitled to reemployment rights under USERRA with respect to such service. 8. 2 . 2 " Service in the Uniformed Services " means , consistent with 38 U. S . C . § 4303 ( 13 ) , the performance of duty on a voluntary or involuntary basis in a Uniformed Service under competent authority and includes active duty, active duty for training, initial active duty for training , inactive duty training , full-time National Guard duty , and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty . 8 . 2 .3 "Uniformed Service" means , consistent with 38 U . S . C . § 4303 ( 16 ) , any one or more of the Armed Forces, the Army National Guard or the Air National Guard when engaged in active duty for training or inactive duty training or full-time National Guard duty, the commissioned corps of the Public Health Service , or any other category of persons designated by the President of the USA in time of war or emergency. 8 . 2 .4 "USERRA" means the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law No . 103 - 353 ) [ October 13 , 1994] codified at 38 U . S . C . § 4301 et seq. . Florida Municipal Pension Trust Fund Florida League of Cities, Inc . Page 32 oz:01 /2oo9