(a) General. Section 204(b)(1) of the Act and section 411(b)(1) of
the Code contain certain requirements relating to benefit accrual under
a defined benefit pension plan. Some of these requirements are based on
the number of years of participation included in an employee's period of
service. Paragraph (b) of this section relates to service which must be
taken into account in determining an employee's period of service for
purposes of benefit accrual. Section 2530.204-2 sets forth rules
relating to the computation periods to be used in measuring years of
participation for benefit accrual (``accrual computation periods'').
(b) Service which may be disregarded for purposes of benefit
accrual. (1) In calculating an employee's period of service for purposes
of benefit accrual under a defined benefit pension plan, section
204(b)(3) of the Act and section 411(b)(3) of the Code permit the
following service to be disregarded: service before an employee first
becomes a participant in the plan; service which is not required to be
taken into account under section 202(b) of the Act and section 410(b)(5)
of the Code (relating to one-year breaks in service for purposes of
eligibility to participate); and service which is not required to be
taken into account under section 204(b)(3)(C) of the Act and section
411(b)(3)(C) of the Code (relating to 12-consecutive-month periods
during which an employee's service is less than 1,000 hours). In
addition, in calculating an employee's period of service for purposes of
benefit accrual, a defined benefit plan shall not be required to take
into account service before the conclusion of a series of consecutive 1-
year breaks in service occurs which permits a plan to disregard prior
service under section 203(b)(3)(D) of the Act and section 411(a)(6)(D)
of the Code.
(2) Example. The following example illustrates paragraph (b)(1) of
this section. A plan has a calendar year vesting and accrual computation
period and, under Sec. 2530.202-2 (a) and (b)(1), uses eligibility
computation periods beginning on an employee's employment commencement
date and anniversaries thereof. The plan provides that an employee who
has at least 10 years of service has a vested right to 100 percent of
his accrued benefit derived from employer contributions. The plan
provides that an employee who is credited with at least 1,000 hours of
service in a calendar year accrual computation period is credited with
at least partial year of participation for purposes of benefit accrual.
An employee whose birthday is October 16, 1956, begins employment with
an employer maintaining the plan on January 1, 1977. Under
Sec. 2530.202-2(a)(1), January 1, 1977 is the employee's employment
commencement date and the calendar year 1977 is the employee's initial
eligibility computation period. The employee completes at least 1,000
hours of service in each of the calendar years from 1977 through 1981.
On January 1, 1982 the employee is admitted to participation in the
plan, having met the plan's age requirement (25 years) and service
requirement (one year of service) for eligibility to participate. In
1982, the employee is credited with the number of hours of service
required for a full year of participation (i.e., more than 1,000 hours
of service). Under Sec. 2530.202-2(c), for purposes of applying section
202(b)(4) of the Act and section 410(a)(5)(D) of the Code (relating to
years of service completed before a break in service for purposes of
eligibility to participate), eligibility computation periods beginning
on the employee's employment commencement date and anniversaries thereof
are used under the plan to measure service prior to a break in service
(in addition, under Sec. 2530.200b-4(a)(2), the same eligibility
computation periods are used in measuring one-year breaks in service for
purposes of eligibility to participate). Thus, as of January 1, 1983,
the employee is credited with six years of service for purposes of
eligibility to participate and is credited with one year of
participation. In accordance with section 203(b)(1)(A) of the Act and
section 411(a)(4)(A) of the Code, the plan provides that years of
service completed before age 22 are disregarded for purposes of vesting.
As of January 1, 1983, therefore, the employee is credited with four
years of service for purposes of vesting. In 1983 the employee
terminates employment with the employer, incurring one-year breaks in
service in each of the calendar years from 1983 through 1986. As of
December 31, 1986, the employee's consecutive one-year breaks in service
equal the employee's four years of service for vesting before such
breaks. Under section 203(b)(3)(D) of the Act and section 410(a)(5)(D)
of the Code and the terms of the plan, the four years of service for
vesting completed by the employee before his four consecutive one-year
breaks in service are not taken into account for purposes of vesting.
Under paragraph (b)(1) of this section, therefore, in calculating the
employee's period of service for purposes of benefit accrual, the plan
may disregard the year of participation completed by the employee before
his four consecutive one-year breaks in service for vesting, because the
four consecutive one-year breaks in service equal the four years of
service credited to the employee for vesting. The employee is re-
employed by the employer on January 1, 1987 completing an hour of
service on that date. Under Sec. 2530.200b-4(b)(1), therefore, January
1, 1987 is the employee's reemployment commencement date. In 1987, the
employee completes the number of hours of service required for a full
year of participation (i.e., more than 1,000 hours of service). For
1987, therefore, the employee is credited with a year of service for
purposes of eligibility to participate and vesting, and with a year of
participation. As of December 31, 1987, the employee is credited with
one year of service for purposes of vesting, since service before the
employee's four consecutive one-year breaks in service--including the
year of service completed in 1982--
is not taken into account. Because under paragraph (b)(1) of this
section, the year of participation credited to the employee for 1982 is
not required to be taken into account for purposes of benefit accrual,
the employee is credited with one year of participation as of December
31, 1987.
