This bill extends the service credit consideration for federal firefighters under FERS, particularly for those with breaks in service or those in related supervisory roles, by updating the definition of "firefighter."
Josh Harder
Representative
CA-9
This bill updates the definition of a federal firefighter under the Federal Employees Retirement System (FERS) to potentially include those with wildland firefighting experience or those who transitioned into supervisory roles. It allows current federal firefighters to receive credit for past service time that previously didn't count due to stricter definitions, provided they meet new criteria and repay the required retirement contributions with interest. This aims to ensure more federal firefighters receive accurate service credit toward their retirement benefits.
This legislation updates the Federal Employees Retirement System (FERS) rules, specifically targeting federal employees who work as firefighters. The core change is twofold: it broadens the definition of who counts as a “firefighter” for retirement purposes, and it creates a path for current employees to get credit for past service that was previously disqualified due to a break in employment.
The first major update is a long-overdue recognition of the specialized work involved in federal firefighting. Previously, the definition of a firefighter for FERS retirement was somewhat narrow. This bill explicitly includes federal employees whose primary job is controlling or extinguishing wildland fires, provided the Director of the Office of Personnel Management (OPM) determines those duties are sufficiently rigorous. This is a big deal for the crews tackling massive, multi-state blazes, ensuring their dangerous, physically demanding work counts toward the specialized retirement category.
Crucially, the bill also helps those who moved up the ladder. If you spent at least three years doing primary firefighting duties—whether structural or wildland—and then moved into a supervisory or administrative role, you can still qualify, even if you had a break in service of up to 24 months. This fixes an issue where moving into a desk job to manage crews or operations could, under old rules, jeopardize your retirement credit because of a short career pause.
The most practical change for current employees is the retroactive credit window. If you were working between October 1, 2003, and the date this law takes effect, and you didn't qualify for firefighter retirement credit because of a past service break, you now have a chance to fix it. This applies only if you meet the new, broader definition (especially the supervisory/administrative path).
To get this credit, you have to make an election—a written notice—to your agency before you leave federal service. But here’s the catch: it’s not free. You must pay back the extra amount that should have been deducted from your pay during that past service period under the firefighter rules, plus interest. Think of it like paying back taxes on a retirement benefit you earned but didn't receive credit for at the time. For someone who had a two-year gap in service 15 years ago, calculating and paying that lump sum of deductions plus interest could be a significant, immediate expense, even if the long-term retirement benefit is worth it.
This isn't just about the employee writing a check; it requires significant coordination. Once the employee makes their payment, the employing agency from that past period has to send the corresponding federal contribution (the government's share) plus interest to OPM. The bill tasks OPM with notifying eligible employees and helping them get the necessary records, particularly from the Departments of Agriculture and the Interior, which employ many federal wildland firefighters. While this is a welcome fix that increases retirement security for a critical group of federal workers, the actual process of calculating decades of deductions and interest across multiple agencies will be a bureaucratic maze. The good news is that the bill explicitly states this whole process doesn't force anyone to make changes to their Thrift Savings Fund (TSF) contributions.