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| Ninth Circuit Rejects Attempt to Find Elapsed-Time Service Method Illegal Under ERISA (PDF) U.S. Court of Appeals for the Ninth Circuit, via FindLaw  [Opinion] Feb. 3, 2004 19 pages. Excerpt: The employees argue that the elapsed-time regulation violates the minimum standard, the vesting, and the benefit accrual provisions of ERISA because it fails to require the counting of hours of service.... Other courts have addressed the question ... We agree with the Second Circuit[,] the Seventh Circuit[,] and the Eighth Circuit ... and hold that the elapsed-time regulation does not violate ERISA. [Johnson v. Buckley, No. 02-17094 (9th Cir. Jan. 28, 2004)] |
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