[Code of Federal Regulations] [Title 26, Volume 5] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 26CFR1.410(a)-9T] [Page 550] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PART 1_INCOME TAXES--Table of Contents Sec. 1.410(a)-9T Elapsed time (temporary). (a)-(b) [Reserved] (c) Eligibility to participate. (1) [Reserved] (2) Determination of one-year period of service. (i) [Reserved] (ii) For purposes of section 410(a)(1)(B)(i), a ``2-year period of service'' shall be deemed to be ``2 years of service.'' (d) Vesting--(1) General rule. (i)-(iii) [Reserved] (iv) For purposes of determining an employee's nonforfeitable percentage of accrued benefits derived from employer contributions, a plan, after calculating an employee's period of service in the manner prescribed in this paragraph, may disregard any remaining less than whole year, 12-month or 365-day period of service. Thus, for example, if a plan provides for the statutory three to seven year graded vesting, an employee with a period (or periods) of service which yields 3 whole year periods of service and an additional 321-day period of service is twenty percent vested in his or her employer-derived accrued benefits (based solely on the 3 whole year periods of service). [T.D. 8170, 53 FR 239, Jan. 6, 1988]