To express the sense of the Senate on the coordination of rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 with the Internal Revenue Code of 1986.

1. Adds SEC. 1068. COORDINATION OF USERRA WITH THE INTERNAL REVENUE CODE OF 1986 on page 280, line 22

   Adds a sectionPrinted page

   Inserted: SEC. 1068. COORDINATION OF USERRA WITH THE INTERNAL REVENUE CODE OF 1986.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) Employers of reservists called up for active duty are required to treat them as if they are on a leave of absence or furlough under the Uniformed Services Employment and Reemployment Rights Act of 1994 (in this section referred to as "USERRA").

   Inserted: (2) USERRA does not require employers to pay reservists who are on active duty, but many employers pay the reservists the difference between their military stipends and their regular salaries. Some employers provide this "differential pay" for up to 3 years.

   Inserted: (3) For employee convenience, many of these employers also allow deductions from the differential payments for contributions to employer-provided retirement savings plans.

   Inserted: (b) Sense of the Senate.--It is the sense of the Senate that the Internal Revenue Service should, to the extent it is able within its authority, provide guidance consistent with the goal of promoting and ensuring the validity of voluntary differential pay arrangements, benefits payments, and contributions to retirement savings plans related thereto.

   Original wording

   On page 280, after line 22, insert the following:

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As printed