Re-Hire Prohibition - How Long

I trying to get a sense of how long employers are prohibiting the re-hire of employees who have a 401k account and are under age 59 1/2 to support there is a true termination of employment versus a sham termination.  I have seen time periods that range from 3 months to 6 months and less often 12 months.  For this purpose, assume there is no pre-termination agreement between the employer and employee to re-hire.  Thanks!

Seems like a facts and circumstances determination.

Lou S. thanks.  Agree it is ultimately a facts and circumstances, but I do have a number of clients that have policies that start with a general rule no re-hire during X period (unless age 59 1/2 and the plan premittes in-service withdrawals so it is not (arguably) an issue if the termination is extremely short).

A good way to prevent sham terminations is to have a wait period on receiving distributions of 30-60 days.  Some plans will have an exception to the wait period for those at NRA.

Dare, thanks ... very helpful to hear what others are doing.  As you noted the concern is a sham termination by a participant who is not eliglble for an in-service distribution.  I know many employers have the rule and then exceptions can be made when the facts are clear there was a termination - for example, a RIF where severance was paid. Again, thanks.