May a plan stipulate that the determination of eligibility for specific aspects depend upon elapsed time while eligibility for discrete specific aspects depend upon years of service/hours of service? As a hypothetical example, the latter specific example could affect a CODA aspect, to mean that a person could not make elective deferrals until the completion of one Year of Service of 500 Hours of Service. Such a bifurcated situation raises the intriguing perhaps conundrum: how does one subsequently determine breaks in service? One-Year-Breaks-in-Service or Periods of Severance? Whichever of the two stand as more favorable to the individual in the respective situation?
See https://www.irs.gov/pub/irs-pdf/p6388.pdf (Employee Plan Deficiency Worksheet, Attachment Number 1, Minimum Participation Standards) which includes this potential issue (i.e., it's sample language that the IRS examiner
might use): "To apply the break in service rules, section ___ of the plan should be amended to provide that the computation period used for measuring eligibility service will also be used to measure breaks in service. DOL Regs. section 2530.200b-4(a)(2)."
One of the items on "Worksheet Number 1" in that document states: "When an employee who has satisfied the minimum service requirement and who has no vested benefit has a break in service, and the number of consecutive breaks in service is less than the greater of 5 or the number of years in which the employee attained a year of service, does the employee participate immediately upon returning to work?"
Another one: "Section ___ of the plan should be amended to provide that a vested participant, or a nonvested participant whose prior service cannot be disregarded under IRC 410(a)(5) who is reemployed after a break-in-service (period
of severance), will either participate immediately on his or her reemployment commencement date or retroactively as of his or her date of reemployment upon completion of a year of service measured by his or her reemployment commencement date. IRC sections 410(a)(5)(C) and (D) and Regs. sections 1.410(a)-4, 1.410(a)-7(c)(5)."
Finally: "Section ___ of the plan should be amended to provide that a vested participant, or a nonvested participant whose prior service cannot be disregarded under IRC 410(a)(5), who is reemployed after a break-in-service (period of severance), will either participate immediately on his or her reemployment commencement date or retroactively as of his or her date of reemployment upon completion of a year of service measured by his or her reemployment commencement date. IRC sections 410(a)(5)(C) and (D) and Regs. sections 1.410(a)-4."