Minnesota Statutes 424A.021 – Credit for Break in Service to Provide Uniformed Service
Subdivision 1.Authorization.
Subject to restrictions stated in this section, a volunteer firefighter who is absent from firefighting service due to service in the uniformed services, as defined in United States Code, title 38, § 4303(13), may obtain service credit if the relief association is a defined benefit plan or an allocation by the relief association as though the person was an active member if the relief association is a defined contribution plan for the period of the uniformed service, not to exceed five years, unless a longer period is required under United States Code, title 38, § 4312.
Subd. 2.Limitations.
Terms Used In Minnesota Statutes 424A.021
- Fire department: includes a municipal fire department, an independent nonprofit firefighting corporation, and a fire department established as or operated by a joint powers entity under section 471. See Minnesota Statutes 424A.001
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Volunteer firefighter: means a person who is a member of the applicable fire department or the independent nonprofit firefighting corporation and is eligible for membership in the applicable relief association and:
(i) is engaged in providing emergency response services or delivering fire education or prevention services as a member of a fire department;
(ii) is trained in or is qualified to provide fire suppression duties or to provide fire prevention duties under subdivision 8; and
(iii) meets any other minimum firefighter and service standards established by the fire department or specified in the articles of incorporation or bylaws of the relief association. See Minnesota Statutes 424A.001
Terms Used In Minnesota Statutes 424A.021
- Fire department: includes a municipal fire department, an independent nonprofit firefighting corporation, and a fire department established as or operated by a joint powers entity under section 471. See Minnesota Statutes 424A.001
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Volunteer firefighter: means a person who is a member of the applicable fire department or the independent nonprofit firefighting corporation and is eligible for membership in the applicable relief association and:
(i) is engaged in providing emergency response services or delivering fire education or prevention services as a member of a fire department;
(ii) is trained in or is qualified to provide fire suppression duties or to provide fire prevention duties under subdivision 8; and
(iii) meets any other minimum firefighter and service standards established by the fire department or specified in the articles of incorporation or bylaws of the relief association. See Minnesota Statutes 424A.001
(a) To be eligible for service credit or an allocation as though an active member under this section, the volunteer firefighter must return to firefighting service with coverage by the same relief association or by the successor to that relief association upon discharge from service in the uniformed service within the time frame required in United States Code, title 38, § 4312(e).
(b) Service credit or an allocation as though an active member is not authorized if the firefighter separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions.
(c) Service credit or an allocation as though an active member is not authorized if the firefighter fails to provide notice to the fire department that the individual is leaving to provide service in the uniformed service, unless it is not feasible to provide that notice due to the emergency nature of the situation.