eligibility and rehires

[Guest MKELLY9522]

I have a situation where an employee was hired in january 2010

he worked 1000 hours and then terminated in August 2010

he then in February 2011

Eligibility is 1 year of service. A year of service is defined as a 12 moth period in which you complete 1000 hours.

Entry dates are quarterly

When does he enter the plan. We have someone in our office that says this employee, when rehired, comes right into the plan, b/c he had 1000 hours within 12 months... even though he didn't make it 12 months and didn't make it to an entry date..the fact that he had 1000 hours is all that was needed

Others say, when rehired , he comes in and has to meet the eligibility requirements again...because he never met the eligibility before terminating. ..meaning he did not work 12 months with 1000 hours

Who is correct?

[ESOP Guy]

Read you document again very carefully. I have not seen one that doesn't answer that question within the eligibility section of the document.

I suspect the group that says he enters when rehire is correct, but the answer is in the document.

[K2retire]

Has it been more than a year since the original date of hire? In that year you've already indicated that the person had more than 1000 hours. Has an entry date passed since the Year of Service was completed?

With those answers in mind, check the document. Most of the ones I've seen will allow that person to enter on the date of rehire.