Sec. 1. 3 MRSA §801, sub-§1, as amended by PL 2001, c. 657, §1 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

1. Membership mandatory. Every Legislator serving in the Legislature on or after December 3, 1986, is a member of the Maine Legislative Retirement System, except that any Legislator who is a member of the Maine State Retirement System on December 2, 1986, may continue to be a member of that system instead of becoming a member of the Maine Legislative Retirement System, and any Legislator who is a public school teacher or an employee of the Maine Community College System on leave of absence for the purpose of serving in the Legislature continues to be a member of the Maine State Retirement System and to have contributions deducted from the member's legislative earnable compensation as provided by Title 5, section 17701. A Legislator who is the recipient of a retirement allowance from the Maine State Retirement System becomes a member of the Maine Legislative Retirement System, but no terminates employment from a position requiring membership in the Maine State Retirement System is no longer a member of the Maine State Retirement System.__The Legislator becomes a member of the Maine Legislative Retirement System, regardless of whether the Legislator becomes a benefit recipient under Title 5, section 17804.__No creditable service granted under the Maine State Retirement System may be transferred to the Maine Legislative Retirement System. A member ceases to be a member when the member withdraws the member's contributions, becomes a beneficiary as a result of the member's own retirement or dies.

SUMMARY

This bill clarifies that a Legislator under certain circumstances is not required to terminate as a Legislator in order to draw a retirement benefit as a member of the Maine State Retirement System.