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)
§18254. Effect of district's withdrawal
The withdrawal of a participating local district from the Participating Local District Retirement Program has the following effects on an employee of the district and on the district itself. [2007, c. 491, §203 (AMD).]
1.Employee who withdraws accumulated contributions. An employee of the district who withdraws accumulated contributions may not be a member of the Participating Local District Retirement Program as an employee of that district.
[
2007, c. 491, §204 (AMD)
.]
2.Person employed after district withdrawal. A person who begins employment with the district after the effective date of withdrawal of the district from the Participating Local District Retirement Program may not be a member of that program as an employee of that district.
[
2007, c. 491, §205 (AMD)
.]
3.Former employee receiving or eligible for retirement benefits. Except as provided in subsection 5, for a former employee who is receiving retirement benefits or is eligible for retirement
benefits, the district continues to be a participating local district and that person is subject to this Part.
[
2001, c. 181, §9 (AMD)
.]
4.Former employee who has not withdrawn accumulated contributions. For a former employee who has not withdrawn accumulated contributions from the Participating Local District Retirement Program, the district continues to be a participating local district and that person is subject to this Part.
[
2007, c. 491, §206 (AMD)
.]
5.Conditions under which withdrawn participating local district is no longer participating local district. A participating local district that has no former employees eligible for retirement benefits under subsection 3 and no former
employees covered under subsection 4 is no longer a participating local district when:
A. The participating local district's status as a participating local district is based solely on the existence of a former
employee or employees who are retirees receiving retirement benefits or on the existence of current or potential beneficiaries
of such retirees who are receiving or potentially entitled to receive benefits; and [2001, c. 181, §10 (NEW).]
B. The district satisfies fully all liabilities as measured by the retirement system for those to whom paragraph A applies:
(1) In accordance with state and federal law; and
(2) According to standards and procedures approved by the board as determined by the board to protect the interests of current
and potential benefit recipients and any other affected or potentially affected person or entity. Such procedures may include,
but are not limited to, the establishment by purchase or otherwise of an annuity or annuities as a means of satisfying the
district's liabilities. [2001, c. 181, §10 (NEW).]
Having satisfied its liabilities in compliance with this subsection, a district is no longer a participating local district,
and the retirement system must return to it any assets in the district's retirement system account exceeding the amount necessary
to comply. Satisfaction of district liabilities pursuant to this subsection bars any future claim by any person against the
retirement system for liability to or responsibility for any retiree, beneficiary or the district, and a retiree, beneficiary
or the district is not thereafter subject to this Part.
[
2001, c. 181, §10 (NEW)
.]
SECTION HISTORY
1985, c. 801, §§5,7 (NEW).
1987, c. 739, §§30,48 (AMD).
2001, c. 181, §§8-10 (AMD).
2007, c. 491, §§203-206 (AMD).
Data for this page extracted on 10/28/2009 03:36:44.