Understanding the "Return to Service" Law

A firefighter who returns to the same fire department from which he or she separated from service may earn additional credit for service, if the break in service was at least sixty days long and if the bylaws of the relief association do not prohibit it.

Legislative changes have clarified how service pensions are calculated for firefighters who resume active service after a break in service or after receiving a service pension. The legislative changes apply to all breaks in service, including approved leaves of absence, except that breaks in service made available by federal or state law (e.g., military or FMLA leave) are exempt from resumption of service requirements.

If a relief association member returns to active service and has not yet been paid a service pension, the member generally would be credited with all periods of active service, including service rendered both before and after the break. Relief associations have the authority to forfeit service credit once a member who is not vested separates from active service and active membership, if the member has not resumed active service with the fire department and active membership in the relief association for a period as defined in the relief association's bylaws, of not less than five years.

The law provides any member with an approved leave of absence of one year or less an automatic exemption to the minimum period of resumption service requirement, which can be defined in the relief association’s bylaws. The minimum period of resumption service is a length of service requirement, separate from the vesting requirement, which a member must meet upon a resumption of service to qualify for any benefit level increases. 

For relief associations that pay lump-sum or monthly service pensions, the bylaws may prohibit a member from receiving benefit level increases that occurred during the break in service if the member fails to meet the resumption of service requirement before ceasing firefighting duties again.

A law change provides relief associations with the option of defining a shorter vesting schedule for members who return to active service with the same fire department after receipt of a service pension and a minimum sixty-day break in service.

Additional Resources

More information can be found in a Pension Topic on Shorter Vesting Allowed for Firefighters Who Return to Service. Additional information about the law, including examples of how benefits are paid under different scenarios, is available in our Statement of Position on this topic.

Last Updated April 2025