Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Part 20: STATE RETIREMENT SYSTEM

Chapter 423: STATE EMPLOYEES AND TEACHERS

Subchapter 2: MEMBERSHIP

§17652. Optional membership

1.  Elected and appointed officials.  Membership in the State Employee and Teacher Retirement Program is optional for elected officials or officials appointed for a fixed term. A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory.  

[PL 2011, c. 449, §3 (AMD).]

2.  Delayed election of membership. 

[PL 2009, c. 474, §15 (RP).]

2-A.  Reentry. 

[PL 2009, c. 474, §15 (RP).]

3.  Certain employees of the Maine Community College System.  Notwithstanding section 17651, membership in the State Employee and Teacher Retirement Program is optional for employees of the Maine Community College System who are eligible to participate in a retirement plan pursuant to Title 20‑A, section 12722. A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory.  

[PL 2011, c. 449, §4 (AMD).]

4.  Limitation on election to join State Employee and Teacher Retirement Program.  Notwithstanding any other law, confidential employees of the Maine Community College System who are not represented in a collective bargaining unit may join the State Employee and Teacher Retirement Program under this section only upon the written authorization of the Board of Trustees of the Maine Community College System. The board of trustees shall authorize the person to join the State Employee and Teacher Retirement Program when the Maine Community College System Office or other Maine Community College System entity that employs the individual seeking to join has identified and designated the funds necessary to pay for the cost of that person's joining the program. A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory.  

[PL 2011, c. 449, §5 (AMD).]

Revisor's Note: (Subsection 4 as enacted by PL 2003, c. 404, §1 is REALLOCATED TO T.5, §17652, sub-§5)

5.  (REALLOCATED FROM T. 5, §17652, sub-§4) Certain members of the Maine National Guard.  A member of the Maine National Guard who is not governed by section 17651 and who is on active state service for more than 5 consecutive days pursuant to Title 37‑B may elect to be a member of the State Employee and Teacher Retirement Program. A member of the Maine National Guard on active state service pursuant to Title 37‑B who does not elect to participate in the State Employee and Teacher Retirement Program or is not eligible to participate in the State Employee and Teacher Retirement Program shall participate in the United States Social Security System. Once a member of the Maine National Guard makes an election under this subsection, that election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory. A member of the Maine National Guard on active state service pursuant to Title 37‑B may participate in the tax-deferred arrangement of chapter 67.  

[PL 2009, c. 474, §15 (AMD).]

6.  Substitute teachers.  Notwithstanding section 17651, membership in the State Employee and Teacher Retirement Program is optional for substitute teachers. A person must make an election at the time of initial hire whether to be a member of the program. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory.  

[PL 2011, c. 449, §6 (AMD).]

Revisor's Note: (REALLOCATED TO T.5, §17652, sub-§5) 4. Certain members of the Maine National Guard. [RR 2003, c. 1, §4 (RAL).]; [PL 2003, c. 404, §1 (NEW)

SECTION HISTORY

PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 739, §§9,48 (AMD). PL 1995, c. 180, §1 (AMD). PL 1997, c. 763, §3 (AMD). PL 1997, c. 763, §7 (AFF). RR 2003, c. 1, §4 (COR). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 261, §§1-4 (AMD). PL 2003, c. 404, §1 (AMD). PL 2003, c. 583, §1 (AMD). PL 2007, c. 58, §3 (REV). PL 2007, c. 305, §§2, 3 (AMD). PL 2007, c. 491, §95 (AMD). PL 2009, c. 474, §15 (AMD). PL 2011, c. 449, §§3-6 (AMD).