A member who is a teacher who was previously employed by a school administrative unit in this State as a teacher’s aide or Education Technician I may purchase service credit for the time so employed, under the following conditions. [PL 1997, c. 161, §1 (NEW).]
1. Payment to fund. Before the retirement benefit becomes effective, members must pay into the Members’ Contribution Fund by a single direct payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. Payments must be made as provided in section 17701, subsection 4.

[PL 2007, c. 491, §143 (AMD).]

Terms Used In Maine Revised Statutes Title 5 Sec. 17765

A. See Maine Revised Statutes Title 5 Sec. 17001
  • Local district: means :
    • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001
  • Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001
  • Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001
  • Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001
  • State employee: means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20?A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20?A, section 7407, subsection 3?A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
    • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001
    • 2. Partial payment and partial service credit. If any retirement becomes effective before the completion of the payment under this section, the member is entitled to service credit for that portion of the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service.

    [PL 1997, c. 161, §1 (NEW).]

    3. Limitation on use of purchased service credit. Notwithstanding any other provision of law, any service credit purchased under this section may be used only for the purpose of increasing the amount of a member’s service retirement benefits by inclusion of the purchased service credit and may not be used for any other purpose.

    [PL 1997, c. 161, §1 (NEW).]

    4. Additional conditions of service credit purchase if some or all employment as teacher’s aide or Educational Technician I was under a participating local district plan. If a member was previously employed as a teacher’s aide or an Educational Technician I and was a member under the Participating Local District Retirement Program, then the following additional conditions apply:
    A. If a member was also previously employed as a teacher’s aide or an Educational Technician I by a school administrative unit where the member was not a member under the Participating Local District Retirement Program, and the member is purchasing or purchases less than all of the member’s total time as a teacher’s aide or an Educational Technician I, all of the time during which the member was employed as a teacher’s aide or an Educational Technician I and was a member under the Participating Local District Retirement Program must be purchased before the member may purchase any of the time during which the member was employed as a teacher’s aide or Educational Technician I and was not a member under the Participating Local District Retirement Program; and [PL 2007, c. 491, §144 (AMD).]
    B. As of the date that the retirement system receives any payment toward the purchase, a member’s purchase of any service credit under this section for time during which the member was employed as a teacher’s aide or an Educational Technician I and was a member under the Participating Local District Retirement Program is an irrevocable election to use the service credit purchased to increase the member’s service retirement benefits under the State Employee and Teacher Retirement Program, in accordance with subsection 3. Any portion of the service credit that is purchased or available for purchase may not after purchase or being made available for purchase be considered to be service credit under the Participating Local District Retirement Program as service with the participating local district by which the member was employed as a teacher’s aide or an Educational Technician I, regardless of whether the member completed the payment for purchase under this section. A member who does not complete the payment for purchase before the member’s retirement becomes effective is entitled to service credit as provided in subsection 2. [PL 2007, c. 491, §144 (AMD).]

    Revisor’s Note: §17765. Service credit for educational leave (As enacted by PL 1997, c. 190, §2 is REALLOCATED TO TITLE 5, SECTION 17766)

    [PL 2007, c. 491, §144 (AMD).]

    SECTION HISTORY

    RR 1997, c. 1, §4 (RAL). PL 1997, c. 161, §1 (NEW). PL 1997, c. 190, §2 (NEW). PL 2007, c. 491, §§143, 144 (AMD).
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