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)
§18252-A. Membership in district without Social Security coverage and with plan provided by the employer under section 18252-B
1.Membership. An employee of a participating local district that does not have Social Security coverage and that has a plan provided by
the employer under section 18252-B may elect to be a member under the Participating Local District Retirement Program or to
be covered under the plan provided by the employer in accordance with the following.
A. A person hired by a participating local district, or rehired following a break in service, after the date on which the employer
provides a plan under section 18252-B must elect at the time of hiring or rehiring whether to be a member under the Participating
Local District Retirement Program or to be covered under a plan provided by the employer under section 18252-B.
(1) If the person elects to be a member under the Participating Local District Retirement Program, the election is effective
as of the date of hire or rehire.
(a) A person who elects to be a member of the Participating Local District Retirement Program may later elect to be covered
under a plan provided by the employer under section 18252-B. The person who so elects may, at that person's discretion, withdraw
accumulated contributions in accordance with section 18306-A.
(b) A person who elects under division (a) to be covered under a plan provided by the employer under section 18252-B may
later elect to again become a member under the Participating Local District Retirement Program, unless to so elect would have
the effect of requiring the employer, without the employer's agreement, to make an employer contribution to both that program
and the plan provided by the employer under section 18252-B.
(c) A person who elects under division (b) to again become a member of the Participating Local District Retirement Program
may, in accordance with section 18305-A, purchase service credit for the period during which the person elected not to be
a member of that program. The person may, in accordance with section 18304, repay contributions withdrawn under division
(a) and may, as permitted under other relevant retirement system law, rule and policy, repay other refunded contributions.
(d) A person who, having elected to again become a member under the Participating Local District Retirement Program under
division (c), later elects again not to be a member may not thereafter become a member under that program while employed by
the same participating local district.
(2) A person who elects to be covered under a plan provided by the employer under section 18252-B may later elect to become
a member under the Participating Local District Retirement Program.
(a) Membership service credit for a person joining the Participating Local District Retirement Program under this subparagraph
begins as of the effective date of first contributions or pick-up contributions to that program following that person's election
under this subparagraph.
(b) A person who joins the Participating Local District Retirement Program under this subparagraph may, in accordance with
section 18305-A, purchase service credit for the period during which the person elected not to be a member of that program.
(c) A person who, having elected to become a member under the Participating Local District Retirement Program under this
subparagraph, later elects again not to be a member may, at the employee's discretion, withdraw accumulated contributions
in accordance with applicable requirements of law and rule and retirement system procedures and may not thereafter become
a member under that program while employed by the same participating local district. [2009, c. 415, Pt. A, §6 (RPR).]
B. An employee of the participating local district who is a member under the Participating Local District Retirement Program
on the date on which the employer provides a plan under section 18252-B may elect to remain a member under that program or
to become covered under a plan provided by the employer under section 18252-B.
(1) If that person elects not to remain a member, the election is effective as of the first day of the month in which no
contributions or pick-up contributions are made to the Participating Local District Retirement Program by that person. A
person who elects not to remain a member may, at that person's discretion, withdraw accumulated contributions in accordance
with section 18306-A.
(2) A person who elects not to remain a member under the Participating Local District Retirement Program may later elect
to again become a member.
(a) Membership service credit for a person who elects to again become a member under the Participating Local District Retirement
Program under this subparagraph begins as of the effective date of the first contributions or pick-up contributions to that
program following that person's election under this subparagraph.
(b) A person who rejoins the Participating Local District Retirement Program under this subparagraph may, in accordance with
section 18305-A, purchase service credit for the period during which that person elected not to be a member of that program.
The person may, in accordance with section 18304, repay contributions refunded under subparagraph (1), unless to so elect
would have the effect of requiring the employer, without the employer's agreement, to make an employer contribution to both
the Participating Local District Retirement Program and the plan provided by the employer under section 18252-B.
(c) A person who, having elected to again become a member under the Participating Local District Retirement Program under
this subparagraph, later elects again not to be a member may, at that person's discretion, withdraw accumulated contributions
in accordance with section 18306-A and may not thereafter become a member under that program while employed by the same participating
local district. [2009, c. 415, Pt. A, §6 (RPR).]
D. If the participating local district does not have a plan provided under section 18252-B, the employees do not have the elections
provided under paragraphs A and B. [2009, c. 415, Pt. A, §6 (RPR).]
[
2009, c. 415, Pt. A, §6 (RPR)
.]
2.District employer responsibilities. Responsibilities of the participating local district employer are as follows.
A. The participating local district employer is responsible for ensuring that the plan provided by the employer under section
18252-B meets the requirements of that section. [1997, c. 709, §4 (NEW).]
B. The participating local district employer is responsible for providing employees with information as to membership under
the Participating Local District Retirement Program and as to coverage under the plan provided by the employer under section 18252-B to assist the employee in making election
decisions. The retirement system shall provide the employer with information as to the Participating Local District Retirement Program. [2007, c. 491, §193 (AMD).]
C. The participating local district employer is responsible for providing procedures by which employees make elections under
this section, for maintaining all records relevant to the election process and each employee's elections, for informing the
retirement system as to employee elections in accordance with procedures established by the executive director and for making
all administrative decisions, including the final administrative decision, in any dispute related to an employee's elections
or administrative decision, in any dispute related to an employee's elections or to any issue as to the plan provided by the
employer under section 18252-B. Neither the retirement system nor the system's board of trustees has responsibility or jurisdiction
to make the final administrative decision with respect to any of these matters. The retirement system is responsible only
to ensure that its records accurately reflect the information provided by the employer, the employer's decision as to any
of these matters, and the legally cognizable outcome of any dispute related to any of these matters. [1997, c. 709, §4 (NEW).]
D. With respect to matters related to participation and membership other than those specified in paragraph C, the retirement
system and the board retain responsibility and authority according to applicable retirement system law and rules as to the
participating local districts and their employees to whom this section applies, including the authority to make final administrative
decisions. [1997, c. 709, §4 (NEW).]
[
2007, c. 491, §193 (AMD)
.]
3.Exclusions. This section does not apply to employees of participating local districts:
A. Who are employed in part-time, seasonal or temporary positions; [2003, c. 630, Pt. A, §6 (NEW).]
B. Whose membership in the Participating Local District Retirement Program is optional under section 18252, section 18801, subsection 1 or section 18251, subsection 3, paragraph A, B or C; [2007, c. 491, §194 (AMD).]
C. For whom membership in the Participating Local District Retirement Program is denied under section 18256; or [2007, c. 491, §195 (AMD).]
D. Who are excluded from membership under section 18201, subsection 3. [2003, c. 630, Pt. A, §6 (NEW).]
[
2007, c. 491, §§194, 195 (AMD)
.]
SECTION HISTORY
1997, c. 709, §4 (NEW).
2003, c. 387, §7 (AMD).
2003, c. 630, §§A5,6 (AMD).
2007, c. 137, §§18, 19 (AMD).
2007, c. 490, §2 (AMD).
2007, c. 491, §§192-195 (AMD).
2009, c. 415, Pt. A, §6 (AMD).
Data for this page extracted on 10/28/2009 03:36:44.