1. Reemployment with new employer. Membership of a member who is reemployed with a new employer is governed as follows.
A. Any member of the State Employee and Teacher Retirement Program or the Participating Local District Retirement Program whose service is terminated as a state employee, teacher or participating local district employee and who becomes employed as a state employee, teacher or participating local district employee with a new employer shall, if the member has not previously withdrawn the member’s accumulated contributions:

(1) Have the membership transferred to the member’s account with the new employer; and
(2) Be entitled to all benefits that:

(a) Are based on creditable service and earnable compensation with the previous employer and the provisions of this Part in effect with respect to the previous employer at the date of termination of service by the member; and
(b) Do not require additional contributions by the new employer. [PL 2007, c. 491, §199 (AMD).]

B. The new employer may elect to include the creditable service and earnable compensation of the member with the previous employer with the creditable service and earnable compensation with the new employer. If that election is made, the new employer shall make, from time to time, whatever contributions are necessary to provide the benefits under the applicable retirement program for the member that have accrued to the member by reason of the member’s previous employment and that may accrue to the member by reason of the member’s new employment. [PL 2007, c. 491, §200 (AMD).]
C. If the new employer makes the election provided under paragraph B, or the member makes the election provided under paragraph E, all funds in the applicable retirement program contributed by the member’s former employer on account of the member’s previous employment must be transferred to the account of the new employer and must be used to liquidate the liability incurred by reason of the previous employment. [PL 2007, c. 542, §3 (AMD).]
D. For the purposes of this subsection, an employee of the Maine Public Employees Retirement System who is a member on January 1, 1994 is considered to be reemployed with a new employer. If an employee returns to state service during the period that begins on July 1, 1995 and ends 180 days after the date upon which the initial collective bargaining agreement between the Maine Public Employees Retirement System and the collective bargaining agent that represents the employees of the system becomes effective, all funds transferred to the account of the Maine Public Employees Retirement System as the new employer on behalf of the employee from the State’s account must be returned to the State’s account. For the purpose of service, breaks in service and benefit accruals, the employee must be treated as if the employee had remained in state service throughout the period in question. For purposes of this paragraph, “becomes effective” means that the collective bargaining agreement has been signed and ratified by both parties. [PL 2015, c. 385, §10 (AMD).]
E. Notwithstanding paragraph A, a member of the Maine Public Employees Retirement System who is a law enforcement officer as defined in Title 25, section 2801?A, subsection 5, or a municipal firefighter as defined in section 286?M, whose previous membership was based upon employment as a law enforcement officer, a state firefighter or a municipal firefighter, and whose service retirement benefits are not otherwise governed by section 18801, subsection 1, paragraph A, subparagraph 2 may elect to make the contribution necessary to include all or part of the member’s creditable service and earnable compensation from the prior plan in the new plan. The retirement system shall establish procedures for determining the contribution necessary for such a member to carry forward all or part of the creditable service and earnable compensation from a prior plan or plans. For purposes of this paragraph, “state firefighter” means a person employed by the State with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel as defined in section 286?M, subsection 2, paragraph H. [PL 2007, c. 542, §4 (AMD).]

[PL 2015, c. 385, §10 (AMD).]

Terms Used In Maine Revised Statutes Title 5 Sec. 18253

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
  • Retirement: means termination of membership with a retirement allowance granted under this chapter. 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. Purchase of previously rendered creditable service. Notwithstanding any law to the contrary, a member of a participating local district who has served in any participating local district or in any local district, and who did not make an election to decline membership while employed with that district, may purchase, by mutual agreement between the participating local district and the person concerned, service credit for the service previously rendered, upon proper certification that:
    A. The service had been rendered; and [PL 1985, c. 801, §§5, 7 (NEW).]
    B. The current employer will assume the liability incurred by the granting of the service credit for the previous time served. [PL 1985, c. 801, §§5, 7 (NEW).]

    [PL 2011, c. 449, §16 (AMD).]

    3. Former employee. Notwithstanding anything to the contrary, a participating local district may grant service credit for creditable service to any former employee who is currently a member of the Participating Local District Retirement Program, as long as the former employee did not make an election to decline membership while employed with that district. The entire actuarial cost of granting the service credit must be fully funded by the district granting the service credit.

    [PL 2011, c. 449, §17 (AMD).]

    SECTION HISTORY

    PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 580, §12 (AMD). PL 1993, c. 410, §L43 (AMD). PL 1995, c. 363, §1 (AMD). PL 2005, c. 636, §B2 (AMD). PL 2007, c. 58, §3 (REV). PL 2007, c. 491, §§199-202 (AMD). PL 2007, c. 542, §§3, 4 (AMD). PL 2011, c. 449, §§16, 17 (AMD). PL 2015, c. 385, §10 (AMD).
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