(5) (A) In the case of each individual who is absent from work for any period— (i) by reason of the pregnancy of the individual, (ii) by reason of the birth of a child of the individual, (iii) by reason of the placement of a child with the individual in connection with the adoption of such child by such individual, or (iv) for purposes of caring for such child for a period beginning immediately following such birth or placement, the plan shall treat as hours of service, solely for purposes of determining under this subsection whether a 1-year break in service (as defined in section 1053(b)(3)(A) of this title ) has occurred, the hours described in subparagraph (B). (B) The hours described in this subparagraph are— (i) the hours of service which otherwise would normally have been credited to such individual but for such absence, or (ii) in any case in which the plan is unable to determine the hours described in clause (i), 8 hours of service per day of such absence, except that the total number of hours treated as hours of service under this subparagraph by reason of any such pregnancy or placement shall not exceed 501 hours. (C) The hours described in subparagraph (B) shall be treated as hours of service as provided in this paragraph— (i) only in the year in which the absence from work begins, if a participant would be prevented from incurring a 1-year break in service in such year solely because the period of absence is treated as hours of service as provided in subparagraph (A); or (ii) in any other case, in the immediately following year. (D) For purposes of this paragraph, the term “year” means the period used in computations pursuant to subsection (a)(3)(A). (E) A plan may provide that no credit will be given pursuant to this paragraph unless the individual furnishes to the plan administrator such timely information as the plan may reasonably require to establish— (i) that the absence from work is for reasons referred to in subparagraph (A), and (ii) the number of days for which there was such an absence.


29 USC § 1052(b)(5)

Scoping language

in this subparagraph
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