Section 54.4980H-1 is the definitions section for the employer mandate. It defines full-time employee, hour of service and the look-back periods that the other sections rely on.
A full-time employee is one who averages at least 30 hours of service per week, or 130 hours of service in a calendar month, as the monthly equivalent.
The section defines the administrative period, measurement period, stability period and initial measurement period, so each term has a fixed meaning for the rules in § 54.4980H-3.
Employee under the common-law standard, dependent, hour of service, seasonal employee and part-time employee, among others.
Primary source: 26 CFR § 54.4980H-1. General information, not legal advice.
An administrator is unsure whether a 70-day gap between measurement and stability counts as an administrative period.
The definitions section defines the administrative period as a period of up to 90 days that follows measurement, so a 70-day gap qualifies, provided the periods are set consistently with the other rules.
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Note each element.
Compare with your design.
Cite the section in your documentation.
Where it goes wrong. Relying on a plain-English summary of a defined term when the regulation’s wording differs.
Because a payment turns on who is full-time and what counts as an hour. A different reading of a term can change a classification.
Yes. It does so in the context of new-hire measurement. A separate seasonal-worker exception applies to large-employer status in § 54.4980H-2.
In § 54.4980H-3, which sets out the monthly and look-back measurement methods.
Yes, at least 30 hours of service per week or 130 hours in a calendar month.
Check the current text before relying on it.
Plan-specific questions belong with ERISA counsel, and we will bring them in.
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