Brief Case

Treas. Reg. § 1.411(a)-9

[Reserved]
CFR 1998 annual edition (revised as of 1998-04-01) · superseded Apr 1, 1999 · last amended by T.D. 7501, 42 FR 42333, Aug. 23, 1977
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The earliest stored text of this section is effective Apr 1, 1997. Showing that version.
(a) In general. Under section 1017(f)(2) of the Employee Retirement Income Security Act of 1974, a plan is not a qualified plan (and a trust forming a part of such plan is not a qualified trust) if the rules of the plan relating to breaks in service are amended, and—
(1) Such amendment is effective after January 1, 1974, and before the effective date of section 411, and
(2) Under such amendment, the nonforfeitable percentage of any employee's right to his employer-derived accrued benefit is less than the lesser of the nonforfeitable percentage of such employee's right to such benefit—
(i) Under the break in service rules provided by section 411(a)(6) and § 1.411(a)-6(c), or
(ii) The greatest such percentage under the plan as in effect on or after January 1, 1974 (provided the break in service rules of the plan were not in violation of any law or rule of law on January 1, 1974).
(b) Break in service rules. For purposes of paragraph (a), the term “break in service rules” means the rules provided by a plan relating to circumstances under which a period of an employee's service or plan participation is disregarded, for purposes of determining the extent to which his rights to his accrued benefit under the plan are unconditional, if under such rules such service is disregarded by reason of the employee's failure to complete a required period of service within a specified period of time. For this purpose, plan rules which result in the loss of prior vesting or benefit accruals of an employee, or which deny an employee eligibility to participate, by reason of separation or failure to complete a required period of service within a specified period of time (e.g., 300 hours in one year) will be considered break in service rules. For purposes of section 411(b)(3), service described under the plan's break in service rules, as in effect before the effective date of section 411, need not be counted.

(Sec. 411 (88 Stat. 901; 26 U.S.C. 411))

Source credit, amendments & notes

[T.D. 7501, 42 FR 42333, Aug. 23, 1977]

Treas. Reg. § 1.411(a)-9 — [Reserved] · CFR 1998 annual edition (revised as of 1998-04-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr26-1.411%28a%29-9&asof=1979-02-15 · printed Oct 16, 2026
On this page
  • (a) In general.
  • (b) Break in service rules.
Implements
I.R.C. § 411 Minimum vesting standards

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Apr 1, 1997Mar 31, 1999CFR 1998 annual edition (revised as of 1998-04-01) run 127T.D. 7501, 42 FR 42333, Aug. 23, 1977View
Apr 1, 1999Mar 13, 2019eCFR amendment effective 2016-09-09 run 26T.D. 7501, 42 FR 42333, Aug. 23, 1977View · Redline (sign in)
Mar 14, 2019currenteCFR amendment effective 2019-03-14 run 2View · Redline (sign in)
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