Break-in-Service & Eligibility

Sorry for all the questions today!

Have 2 participants in similar situations:

Participant 1:
Was eligible for the Plan, having worked 1,000 hours  from 2014-2016
Worked about 250 hours in 2017
Had 0 hours from 2018-2021
Re-hired and worked 900 hours in '22

So it would appear that there was a 5-year break in service.  Does that mean that this participant needs to re-establish eligibility, or do they become eligible again from the re-hire date?

Participant 2:
Was eligible for the Plan, having worked 1,000 hours  from 2014-2017
Had 0 hours from 2018-2021
Re-hired and worked '22

This participant only had a 4-year break in service.  I believe this means that they do become eligible immediately upon re-hire, since there was no 5-year break.

Is that accurate for both participants?

What does the plan document say?

1 hour ago, C. B. Zeller said:

What does the plan document say?

This really is the only answer that can be given.  Some plans have the 5 break language in it and other don't.  I would add the rule of parity could come into plan if either of these people had a vested balance while in the plan before.

A good plan document will spell out how to handle rehires clearly.  Some don't and I consider them poorly drafted by definition.   But the document is your friend here.  

and some have one year hold out with retroactive re-entry, which doesn't really work with 401k plans