| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 5 MRSA §17855, first ¶, as amended by PL 1997, c. 769, §18, is | | further amended to read: |
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| | | If | | a service retirement benefit is restored to service and if the | | total of the recipient's monthly retirement benefit for any year | | and the recipient's total earnable compensation for that year | | exceed the recipient's average final compensation at retirement, | | increased or decreased by the same percentage adjustments as have | | been received under section 17806, the excess must be deducted | | from the service retirement benefit payments during the next | | calendar year, except that beginning January 1, 1999 and | | thereafter 1/2 the excess must be deducted from the service | | retirement benefit payments during the next calendar year. |
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| | | Sec. 2. 5 MRSA §17855-A is enacted to read: |
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| | | §17855-A.__Restoration to service |
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| | | A recipient of a service retirement benefit may be restored to | | service and continue to receive payment of the service retirement | | benefit as determined under section 17851-A or 17852.__If a | | recipient continues to receive the service retirement benefit, no | | service credit may be awarded for service under this section. |
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| | | Sec. 3. 20-A MRSA §12722, sub-§3, as amended by PL 1999, c. 614, §1, | | is further amended to read: |
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| | | 3. Maine State Retirement System members. An eligible person | | who becomes a participant in the defined contribution plan | | offered by the board of trustees and who is a member of the Maine | | State Retirement System at the time participation in the defined | | contribution plan begins may apply for a refund of accumulated | | contributions from the Maine State Retirement System pursuant to | | Title 5, section 17705, except that any such person who has less | | than the number of years of creditable service required to be | | eligible for a Maine State Retirement System benefit as of the | | date specified in the notification in subsection 2, paragraph A | | or the date of hire pursuant to subsection 2, paragraph B shall | | apply for a refund of accumulated contributions. Participation | | in the defined contribution plan offered by the board of trustees | | pursuant to this section is considered a termination of service | | for purposes of Title 5, section 17705 as of the date specified | | in the notification in subsection 2, paragraph A or the date of | | hire pursuant to subsection 2, paragraph B, except that, if an | | application is made for refund of accumulated contributions under | | an election pursuant to subsection 2, paragraph A, payment must |
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