Maine Revised Statutes

§18251§18252-A
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
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. Membership in districts with Social Security coverage

A person who is or would be covered by the United States Social Security Act as a result of employment by a participating local district with Social Security coverage may elect to join, not to join, to cease contributions to or to withdraw from the Participating Local District Retirement Program under the following conditions. [2009, c. 415, Pt. A, §5 (RPR).]

1. Membership.  An employee may join the Participating Local District Retirement Program at the beginning of employment or at any time after beginning employment, as long as that person is still an employee of the participating local district and the district continues to be a participating local district.
A. Purchase of service credit for the period during which the person was not a member of the Participating Local District Retirement Program is governed by section 18305-A. [2009, c. 415, Pt. A, §5 (RPR).]
[ 2009, c. 415, Pt. A, §5 (RPR) .]
2. Employee who is participating member.  A person who is a participating member of the Participating Local District Retirement Program may elect to cease contributions to that program and, at that person's discretion, may withdraw accumulated contributions in accordance with section 18306-A.
[ 2009, c. 415, Pt. A, §5 (RPR) .]
3. Person who has previously ceased contributions.  A person who has previously elected to cease contributions to the Participating Local District Retirement Program, whether or not accumulated contributions have been withdrawn, may choose to rejoin that program at any time under the following conditions.
A. [2003, c. 630, Pt. A, §4 (RP).]
A-1. [2003, c. 630, Pt. A, §4 (RP).]
B. The employer must still be a participating local district allowing new membership in the Participating Local District Retirement Program. [2009, c. 415, Pt. A, §5 (RPR).]
C. Purchase of service credit for the period during which the person was not a member of the Participating Local District Retirement Program is governed by section 18305-A. Repayment of withdrawn accumulated contributions is governed by section 18304. [2009, c. 415, Pt. A, §5 (RPR).]
[ 2009, c. 415, Pt. A, §5 (RPR) .]
5. Limit on right to rejoin.  The right of a person to rejoin under subsection 3 is limited to 2 occurrences.
[ 2009, c. 415, Pt. A, §5 (RPR) .]
6. Restoration to service.  If any person who is the recipient of a service retirement benefit is covered by the United States Social Security Act upon being restored to service, continuation of that person's benefit is governed by the following.
A. The person may elect to have the service retirement benefit continued during the period of time the person is restored to service and the person may not accumulate any additional service credits. [2009, c. 415, Pt. A, §5 (RPR).]
B. The person may elect to have the service retirement benefit terminated, again become a member of the Participating Local District Retirement Program and begin contributing at the current rate.
(1) The person is entitled to accumulate additional service credits during the period of time the person is restored to service.
(2) When the person again retires, the person is entitled to receive benefits computed on the person's entire creditable service and in accordance with the law in effect at the time. [2009, c. 415, Pt. A, §5 (RPR).]
C. Upon being restored to service, the person must elect to have benefits either continued or terminated. If written notification of the person's election is not received by the executive director within 60 days of restoration to service, the person is deemed to have elected the provisions of paragraph A. The election, regardless of how it is made, is irrevocable during the period of restoration to service. [2009, c. 415, Pt. A, §5 (RPR).]
[ 2009, c. 415, Pt. A, §5 (RPR) .]
SECTION HISTORY
1985, c. 801, §§5,7 (NEW). 1987, c. 739, §§29,48 (AMD). 1987, c. 823, §§4-6 (AMD). 1989, c. 677, §§2,3 (AMD). 1993, c. 349, §20 (AMD). 1997, c. 709, §3 (AMD). 2001, c. 699, §3 (AMD). 2003, c. 387, §6 (AMD). 2003, c. 630, §A4 (AMD). 2005, c. 76, §1 (AMD). 2007, c. 137, §17 (AMD). 2007, c. 490, §1 (AMD). 2007, c. 490, §1 (AMD). 2007, c. 491, §191 (AMD). 2009, c. 415, Pt. A, §5 (RPR).

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