Vesting question

[jkharvey]

First of all, I have placed a call for the attorney who wrote this document, but he is out for 3 days. I thought I'd see if anyone else has seen this. Anytime I have a plan that excludes vesting service it is specifically stated in the document that years of service are being excluded for vesting purposes (these would be years before the effective date of the plan).

Well, this document simply defines a "year of service" as the completion of at least 1,000 Hours of Service in a Plan Year.

Would you interpret this to mean that service before the effective date of the Plan would be excluded for vesting purposes?

Thank you

[Jim Chad]

FWIW, I would take "Plan years" as a way of describing which 12 months are used in the measuring period. I would not take that as saying anything about excluded years. I'm going to be interested to see what others think.

[WDIK]

I would not take that as saying anything about excluded years.

I agree.

[Guest Sieve]

I also agree. What years are to be excluded (if any) will probably be in the Section of the plan which describes the vesting schedule (which probably is where there is a discussion of determining the distribution for someone terminating before retirement).

[J Simmons]

jkharvey,

Make that a four part harmony answer. But please do follow up post in this thread when the drafting attorney calls you back and gives his/her interpretation.

Thank you,