Eligibility question- rehire

[britoski]

I've got a rehire who was formerly employed in a class of employees that were ineligible to participate in the 401(k) plan. Now she's rehired in a class of eligible employees. Had she been in a class of eligible employees when she was employed previously, she would have entered the plan at that time (i.e.: she had at least 1000 hours of service). She was gone for fewer than 5 years. Does she enter the plan immediately upon rehire, or can we make her wait until the next entry date? DO we count that service for purposes of vesting?

The plan document does not cover this scenario, so I'm trying to figure out what's required under ERISA.

FYI- my conclusions so far are 1. immediate eligibility and 2. count all service for vesting purposes, but I'm just trying to see if I missed something...

[J Simmons]

Among eligible class EEs, does the plan document provide that on re-hire that entry is immediate or next entry date?

As for vesting service, count the service even while part of a plan ineligible class.

[Guest Sieve]

If the plan does not somehow exclude service while in an ineligible class, then it must be included. How else can you exclude any service with the employer unless it is somehow specified as excludable in the document? Maybe the plan includes service only while an eligible employee--that might exclude service while in an ineligible class. But your document will control.