Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, C. 801, §5 (NEW))
Chapter 425: PARTICIPATING LOCAL DISTRICTS HEADING: PL 1985, C. 801, §5 (NEW)
Subchapter 2: MEMBERSHIP HEADING: PL 1985, C. 801, §5 (NEW)
§18251. Compulsory and optional membership
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Compulsory membership. Membership is compulsory for all persons entering the service of a participating local district after the date of establishment
for the participating local district, except as otherwise provided by subsection 3; section 18201, subsection 3; or section
18256.
[
2003, c. 630, Pt. A, §1 (AMD)
.]
1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Compulsory membership. Membership is compulsory for all employees entering the service of a participating local district after the date of establishment
for the participating local district, but not for employees exempted under subsection 2; under section 18201, subsection 3;
or under section 18252.
[
1985, c. 801, §§5, 7 (NEW)
.]
2.Optional membership.
[
2003, c. 630, Pt. A, §2 (RP)
.]
3.Optional membership. Membership in the Participating Local District Retirement Program is optional for the following employees of a participating local district:
A. A person in the service of a participating local district on the date of establishment for that participating local district.
Once such a person joins the Participating Local District Retirement Program, membership ceases to be optional for that person under this paragraph; [2007, c. 491, §188 (AMD).]
B. An elected official or an official appointed for a fixed term. Special provisions apply to certain officials as follows:
(1) Membership of trustees of a water district is governed by Title 35-A, section 6410, subsection 8;
(2) Membership of trustees of a sanitary district is governed by Title 38, section 1104; and
(3) Membership of trustees of a sewer district is governed by Title 38, section 1252; [2003, c. 630, Pt. A, §3 (NEW).]
C. A chief administrative officer of a participating local district, whether appointed for a fixed term or appointed with tenure;
and [2003, c. 630, Pt. A, §3 (NEW).]
D. A person whose membership is optional under section 18252, 18252-A or 18801. [2003, c. 630, Pt. A, §3 (NEW).]
[
2007, c. 491, §188 (AMD)
.]
4.Delayed election of membership. A person whose membership is optional and who elects not to join the Participating Local District Retirement Program when first eligible to do so may at any time apply for and be admitted to membership, except as provided in section 18252.
A. For an optional member described in subsection 3, paragraph B or C who began membership before January 1, 1986, purchase
of service credit for the period during which the person was eligible for membership but was not a member of the Participating Local District Retirement Program is governed by section 18305. [2007, c. 491, §189 (AMD).]
B. For other optional members, purchase of service credit for the period during which the person was eligible for membership
but was not a member of the Participating Local District Retirement Program is governed by section 18305-A. [2007, c. 491, §189 (AMD).]
[
2007, c. 491, §189 (AMD)
.]
5.Reentry. A person whose membership is optional may reenter the Participating Local District Retirement Program at any time, subject to sections 18252 and 18252-A, if applicable. A person who reenters that program may purchase service credit for the time served in eligible service as follows.
A. If the person withdrew accumulated contributions at the time of withdrawal, the person, subject to any limitations set forth
in section 18252-A, may repurchase that prior service credit by repaying those contributions pursuant to section 18304. [2003, c. 630, Pt. A, §3 (NEW).]
B. For the purchase of time for which the person was not a member:
(1) For an optional member described in subsection 3, paragraph B or C who began membership before January 1, 1986, purchase
of service credit for the period during which the person was eligible for membership but was not a member of the Participating Local District Retirement Program is governed by section 18305; and
(2) For other optional members, purchase of service credit for the period during which the person was eligible for membership
but was not a member of the Participating Local District Retirement Program is governed by section 18305-A. [2007, c. 491, §190 (AMD).]
[
2007, c. 491, §190 (AMD)
.]
SECTION HISTORY
1985, c. 801, §§5,7 (NEW).
1987, c. 256, §23 (AMD).
1987, c. 739, §§28,48 (AMD).
1991, c. 619, §12 (AMD).
1991, c. 619, §18 (AFF).
1997, c. 709, §2 (AMD).
2003, c. 630, §§A1-3 (AMD).
2007, c. 491, §§188-190 (AMD).
Data for this page extracted on 10/28/2009 03:36:44.