Haw. Code R. § 14-52-27 - Participation in the medical expense reimbursement spending account and dependent care expense reimbursement spending account while on USERRA leave
(a) Notwithstanding the provisions of
sections
14-52-25 and
14-52-26,
a participant who takes an unpaid leave of absence under USERRA may elect to
continue participation under the medical expense reimbursement spending account
and dependent care expense reimbursement spending account by making the
required contributions and administration fees under the plan during the period
of unpaid USERRA leave using one of the methods specified under section
14-52-25(a).
A participant who fails to make the required contributions or administration
fees shall be administratively canceled from the plan in accordance with
section
14-52-30.
(b) A participant on unpaid USERRA leave of
ten or more working days may elect to change or cancel participation in the
medical expense reimbursement spending account or dependent care expense
reimbursement spending account in accordance with section
14-52-28.
(c) A participant who is administratively
canceled or elects to cancel, and who returns from unpaid leave of absence
under USERRA during the same plan year, may recommence participation in the
medical expense reimbursement spending account and the dependent care expense
reimbursement spending account for the remainder of the plan year upon return
from the USERRA leave. The participant may recommence participation in
accordance with section
14-52-20 and under the same conditions and with the same rights that applied prior to
the USERRA leave.
Notes
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