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Guest jefe96
Posted

Probably a stupid question, but I'll ask anyways. Have a plan that excludes bonuses, overtime and commissions from definition of comp. Do hours worked for overtime still get counted as hours of service towards plan eligibility and vesting? My gut feeling is yes since the doc says that an hour of service is an hour that an ee is directly or indirectly compensated for or entitled to be compensated. I'm getting comments that are making me second guess myself.

Posted

I would first follow the document, then your gut, and lastly other comments (unless of course such comments are based on the document.)

(Edited for nonsensical word duplication.)

...but then again, What Do I Know?

Posted

Generally a plan must count all hours worked (including overtime) or credit with a fixed number of hours based on a DOL approved equivalency (eg 45 hours a week). I suggest you do some research if you think that the plan would permit you to ignore the OT hours of service.

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