ABA Family Legal Guide

The Rights of Older Americans

Pensions

Traditional Pension Plans

If I stop working for an employer and later return, do I get credit for my previous years of service?

That depends on the length of this break in service. An employer can discount the years of your previous service if two conditions are met: first, your break lasts five or more continuous years; and second, your break is longer than the years you previously worked for the employer. If, for example, after six years of work, you took a seven-year break in service, you may be out of luck. However, an employer can have more lenient rules than the ones set out by Employee Retirement Income Security Act (ERISA). These rules on breaks in service are complex, so you should consult an expert if you think they apply to you.