94-411-803 Me. Code R. § 3

Current through 2024-51, December 18, 2024
Section 411-803-3 - MEMBERSHIP
1.Compulsory Membership. Membership is compulsory for all employees who are in the service of a participating local district on the date when participation of the employees of that district in The Plan begins and who are members of the System on that date and for all employees entering the service of that district after that date, except as provided under subsection 2 and 3. A local district that is not a participating local district before July 1, 1993, shall designate in its resolution or order approving participation any class of employees otherwise provided for by local pension provisions who are excluded from membership in The Plan as provided under 5 M.R.S. §18804, sub-§ 3.
2.Optional Membership. Optional membership under The Plan for employees of participating local districts is governed as follows:
A.Member When Participation of Employees Begins. Membership is optional for employees in the service of a local district on the date when the participation in the Retirement System of the employees of the local district first begins, whether under 5 M.R.S., Chapters 425 or 427.
B.Elected or Appointed Officials. Membership is optional for elected officials and officials appointed for a fixed term.
C.Trustees of Water, Sanitary and Sewer Districts. Membership of trustees of water, sanitary and sewer districts is subject to the following:
(1)Water districts. Membership of trustees of a water district is governed by 35-A M.R.S., §6410, subsection 8;
(2)Sanitary districts. Membership of trustees of a sanitary district is governed by 38 M.R.S. §1104.
(3)Sewer districts. Membership of trustees of a sewer district is governed by 38 M.R.S. §1036.
D.Employees Covered by Social Security. Membership is optional for an employee of a participating local district who is covered under the United States Social Security Act. Except as provided by paragraph H, optional membership for those employees is subject to 5 M.R.S. §18252.
E.Employees Not Covered by Social Security. Membership is optional for any employee of a participating local district that does not provide Social Security coverage provided that the district offers an alternative plan that meets the requirements of 5 M.R.S. §18252- B, and provided that the employee participates in the alternative plan. Optional membership for those employees is subject to 5 M.R.S. §18252-A as amended by PL 2021, c. 90.
F.Chief Administrative Officer. Membership is optional for a chief administrative officer of a participating local district, whether appointed for a fixed term or whether appointed with tenure.
G.Employees Not Subject to Municipal Public Employees Labor Relations Law. Membership is optional for those employees who are not subject to the municipal public employees labor relations laws contained in 26 M.R.S., Chapter 9-A.
H. Membership for employees of a participating local district that provides a plan under 5 M.R.S. §18252-B is governed by 5 M.R.S. §18252-A as amended by PL 2021, c. 90.
I. The provisions of 5 M.R.S. §18252-C apply only to employees of participating local districts who specifically adopt them in their participation agreement.
3.Part-Time, Seasonal or Temporary Employees. Membership of part-time, seasonal and temporary employees, as defined by Chapter 802 (94-411 CMR 802) of the rules of the Board is determined by the election made by each participating local district under Section 2.
4.Cessation of Membership. A member ceases to be a member of the Retirement System if the member:
A.Withdrawal. Withdraws accumulated contributions;
B.Beneficiary. Becomes a beneficiary as a result of the member's own retirement; or
C.Death. Dies.
5.Service in the Armed Forces. The membership of the following members under The Plan is considered to have continued during the period of the member's service in the Armed Forces of the United States:
A. Any member entering a class of service in the Armed Forces of the United States approved by resolution of the Board, if the member does not withdraw accumulated contributions;
B. Any member who enlists in or is inducted or drafted into the service of the Armed Forces of the United States; and
C. Any member who enlists in or is inducted or drafted into the service of the Armed Forces of the United States while the United States Selective Service Act of 1948, Public Law 759, or any of its amendments or extensions is in effect.

94-411 C.M.R. ch. 803, § 3