Public Laws

123rd Legislature

First Regular Session



Chapter 305

H.P. 258 - L.D. 323

An Act Permitting Substitute Teachers To Opt Out of the Maine State Retirement System

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §17601, sub-§2,  as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

2. Teachers.   Each superintendent or chief administrator of a public school shall submit the information set out in subsection 1 to the board for all teachers , except substitute teachers who elect not to become members of the retirement system pursuant to section 17652, subsection 6.

Sec. 2. 5 MRSA §17652, sub-§2,  as amended by PL 2003, c. 261, §§1and 2, is further amended to read:

2. Delayed election of membership.   A person , including a substitute teacher, who elects not to join the retirement system at the beginning of his that person's employment may at any time apply for and be admitted to membership.
A-1.  A person who joins the retirement system under this subsection may purchase service credit for the period during which the person served as an elected official or official appointed for a fixed term or was employed as a substitute teacher but was not a member of the retirement system.
B.  Membership service credit for persons joining the retirement system under this subsection shall begin begins as of the effective date of first contributions or pick-up contributions to the system.
C.  This subsection applies to any member who begins membership after December 31, 1985.

Sec. 3. 5 MRSA §17652, sub-§6  is enacted to read:

6 Substitute teachers.   Notwithstanding section 17651, membership in the retirement system is optional for substitute teachers. The right of a substitute teacher to rejoin the retirement system is limited to 2 occurrences.

Sec. 4. 5 MRSA §17704-A, first ¶,  as amended by PL 2003, c. 261, §6, is further amended to read:

An elected official or , an official appointed for a fixed term or a substitute teacher who began membership after December 31, 1985 may purchase service credit for the period during which that person elected not to be a member of the retirement system if the following requirements are met.

Effective September 20, 2007

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333