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, section 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, section 4312.
Subd. 2. Limitations. (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, section 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.
1Sp2005 c 8 art 9 s 13; 2009 c 169 art 10 s 36
Structure Minnesota Statutes
Chapters 419 - 425 — Municipal Personnel, Retirement
Chapter 424A — Volunteer Firefighters Retirement
Section 424A.001 — Definitions.
Section 424A.002 — Authorization Of New Or Continuing Volunteer Firefighters Relief Associations.
Section 424A.003 — Certification Of Service Credit.
Section 424A.01 — Membership In A Volunteer Firefighters Relief Association.
Section 424A.014 — Financial Report; Bond; Examination.
Section 424A.02 — Defined Benefit Relief Associations; Service Pensions.
Section 424A.021 — Credit For Break In Service To Provide Uniformed Service.
Section 424A.03 — Volunteer Firefighter Service Pension And Retirement Benefits Based On Service.
Section 424A.04 — Volunteer Relief Associations; Board Of Trustees.
Section 424A.05 — Relief Association Special Fund.
Section 424A.06 — Relief Association General Fund.
Section 424A.07 — Nonprofit Firefighting Corporations; Establishment Of Relief Associations.
Section 424A.08 — Municipality Without Relief Association; Authorized Disbursements.
Section 424A.091 — Volunteer Firefighters Relief Association Financing Guidelines Act; Application.
Section 424A.092 — Relief Associations Paying Lump-sum Service Pensions.
Section 424A.093 — Relief Associations Paying Monthly Service Pensions.
Section 424A.094 — Nonprofit Firefighting Corporations.
Section 424A.095 — Investments.
Section 424A.096 — Citation; Application Of Other Laws.
Section 424A.10 — State Supplemental Benefit; Volunteer Firefighters.