§18253. Employment changes affecting membership








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district employee with a new employer shall, if the member has not previously withdrawn the member's accumulated contributions: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. [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. [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. [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 and approved by the Legislature as provided by section 17103, subsection 14. [1995, c. 363, §1 (AMD); 2007, c. 58, §3 (REV).]











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. [2007, c. 542, §4 (AMD).]







[
2007, c. 542, §§3, 4 (AMD)
.]








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 [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. [1985, c. 801, §§5, 7 (NEW).]







[
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.


[
2011, c. 449, §17 (AMD)
.]





SECTION HISTORY

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