Current through 2024-51, December 18, 2024
Section 411-404-1 - Teachers Membership1. After June 30, 1991, membership in the System is compulsory for all persons employed in positions classified as teachers as defined by 5 MRSA, §17001, sub-section 42, with the exception of retired teachers drawing a benefit under the Maine Public Employees Retirement System, and substitute teachers for whom membership is optional under 5 MRSA, §17652, sub-section 6. Before July 1, 1991, adult education teachers whose service is for less than 180 hours per school year, substitute teachers whose service is for less than 30 days in each school year and persons employed by a school administrative unit while they are at the same time enrolled as students in that or any other school administrative unit are not entitled to become members of the system.2. Before July 1, 1991, membership in the System for adult education teachers, except those who are otherwise members of the System as teachers or state employees, will be mandatory after employment of 180 hours within one school year. Membership will not be available to persons in these positions until the completion of 180 hours of employment within one school year. Individuals in these programs who are members as of September 1, 1978, will be permitted to continue membership.3. Before July 1, 1991, membership in the System for substitute teachers will be on the following basis: A. A substitute teacher who has a contract for full-time employment with a school administrative unit shall become a member beginning with the first day of employment.B. A substitute teacher, except as required by paragraph 1, may not become a member prior to completion of 30 days of service in a school year.C. A substitute teacher shall become a member upon completion of 30 days of service in a school year. If a person substitutes in several school administrative units, all service shall be combined to determine the completion of 30 days of service. A person who works as a substitute teacher in more than one school administrative unit shall keep a record of the days of service prior to completion of 30 days of service in a school year and upon completion of 30 days of service shall notify his employer.D. Prior to employing a substitute teacher, an employer shall determine, by appropriate inquiry, whether or not a substitute teacher is a member of the System. If it is determined that a substitute teacher is not a member, the employer shall determine, by appropriate inquiry, the number of days of service the substitute teacher has for the current school year. The employer of a substitute teacher who has completed 30 days of service in a school year shall require the substitute teacher to complete an application for membership in the Maine Public Employees Retirement System and shall deduct contributions beginning with the 31st day of employment.E. When an application for membership for a substitute teacher is sent to the Retirement System, certification of the substitute teacher's 30 days of service in the current school year shall be sent with it. The certification from each school administrative unit shall include name of school administrative unit, dates of employment and salary paid. The substitute teacher may pay the required contribution and receive service credit for the 30 days of service in that year.F. After having become a member, membership shall continue and contributions shall be deducted from the compensation of a substitute teacher during the current year and in subsequent years regardless of the number of days of service in the subsequent years.94- 411 C.M.R. ch. 404, § 1