3 month eligibility question

[Brian Gallagher]

Plan has 3 month eligibility (no hrs req't).

What is someone works for a month on a project, say for the entire month of January. Then works on another project in May for two weeks. Is this person eligible for the plan? Why or why not.

[Mike Preston]

What does the plan say?

[Brian Gallagher]

The wording says "three consecutive months", but I seem to remember reading somewhere (and, as usual, I may be wrong) that:

if someone worked for a legnth of time during a year, terminates and comes back during the plan year, service is credited (although not hours) as if the person never terminated in the first place.

I don't see language to that effect in my plan document and for the life of me, I don't remember who told me that or where I read it.

[E as in ERISA]

Look at the elapsed time rules in the DOL regulations. They provide the "service spanning" rules that you are talking about.