CFR

1.410(a)-9T—Elapsed time (temporary).

(a) -(b) [Reserved]

(1) [Reserved]

(2) Determination of one-year period of service.

(i) [Reserved]

(ii) For purposes of section 410(a)(1)(B)(i), a “2-year period of service” shall be deemed to be “2 years of service.”

(d) Vesting— (1) General rule.

(i) -(iii) [Reserved]

(iv) For purposes of determining an employee's nonforfeitable percentage of accrued benefits derived from employer contributions, a plan, after calculating an employee's period of service in the manner prescribed in this paragraph, may disregard any remaining less than whole year, 12-month or 365-day period of service. Thus, for example, if a plan provides for the statutory three to seven year graded vesting, an employee with a period (or periods) of service which yields 3 whole year periods of service and an additional 321-day period of service is twenty percent vested in his or her employer-derived accrued benefits (based solely on the 3 whole year periods of service).

Code of Federal Regulations

[T.D. 8170, 53 FR 239, Jan. 6, 1988]

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