26 C.F.R. § 1.410(a)-9T. - § 1.410(a)-9t Elapsed Time (temporary).

§ 1.410(a)-9T Elapsed time (temporary).

(a)-(b) [Reserved]

(c) Eligibility to participate. (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).

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