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Posted

Document provides for forfeitures to occur after 5 breaks in service and distributions to occur during the 6th break in service. If a participant is rehired, forfeitures are to be reinstated if participant pays back the distribution. Prebreak service was to be recognized as long as the participant did not have 5 breaks in service. A participant was rehired after 5 breaks in service but had not received a distribution of her vested interest but had forfeited the non-vested portion of her account in the previous plan year. The document isn't clear how to handle this situation but it would seem that the forfeitures would not be reinstated since she had more than 5 breaks in service and also we would not recognize her pre-break service. Is this correct?

Posted

Probably best to follow plan document. Sounds like the answer is Yes.

This might be a minor point: Is it "5 breaks in service" or "more than 5 breaks in service"?

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

I agree that forfeiture should be permanent and not reinstated.

But for what purposes are you ignoring pre-break service? Vesting? Eligibility?

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