Exemption from vesting requirements for military service members and spouses with orders outside the state.

49-22-504. Exemption from vesting requirements for military service members and spouses with orders outside the state.

(1) As used in this section, "service member" means the same as that term is defined in Section. 71A-1-101

(2) Employer nonelective contributions made on a member's behalf to a defined contribution plan under Sectionorare exempt from the vesting requirements of Subsectionsandif: 49-22-303 49-22-401 49-22-303(2)(a) 49-22-401(3)(a) the member or the member's lawful spouse is a service member; before the employer nonelective contributions vest in accordance with Subsectionor, the member or the member's spouse receives permanent change of station or relocation orders outside the state; 49-22-303(2)(a) 49-22-401(3)(a) the member has a bona fide termination of employment with all participating employers; and the member applies in writing to the office requesting an exemption under this section.

(3) After the office receives a written application under this section and determines the member satisfies the conditions described in Subsection, the total amount of employer nonelective contributions made on a member's behalf vest to the member. (2)