An Act To Improve the Codification of Retirement Plans Administered by the Maine Public Employees Retirement System
Maine Legislature, Session 123, LD 2146
Committee: Labor
Sponsors: TUTTLE, STRIMLING, BURNS, CLARK, DRISCOLL, DUPREY, HAMPER, HASKELL, JACKSON, THOMAS
Amends: 3 MRSA §701, 3 MRSA §702, 3 MRSA §731, 3 MRSA §732, 3 MRSA §733, 3 MRSA §734, 3 MRSA §735, 3 MRSA §736, 3 MRSA §751, 3 MRSA §754, 3 MRSA §801, 3 MRSA §802, 3 MRSA §803, 3 MRSA §80, 3 MRSA §8, 3 MRSA §851, 3 MRSA §853, 3 MRSA §855, 3 MRSA §856, 3 MRSA §857, 3 MRSA §858, 3 MRSA §859, 3 MRSA §860, 4 MRSA §1231, 4 MRSA §1233, 4 MRSA §1234, 4 MRSA §1235, 4 MRSA §1236, 4 MRSA §1251, 4 MRSA §1253, 4 MRSA §1254, 4 MRSA §1302, 4 MRSA §1303, 4 MRSA §1353, 4 MRSA §1355, 4 MRSA §1356, 4 MRSA §1357, 5 MRSA §17001, 5 MRSA §1700, 5 MRSA §17051, 5 MRSA §17057, 5 MRSA §17059, 5 MRSA §17102, 5 MRSA §17103, 5 MRSA §1710, 5 MRSA §17107, 5 MRSA §17151, 5 MRSA §17153, 5 MRSA §17154, 5 MRSA §17158, 5 MRSA §17203, 5 MRSA §17206, 5 MRSA §17601, 5 MRSA §17602, 5 MRSA §17651, 5 MRSA §17652, 5 MRSA §17654, 5 MRSA §17656, 5 MRSA §17658, 5 MRSA §1770, 5 MRSA §17701, 5 MRSA §17701-B, 5 MRSA §17702, 5 MRSA §17703, 5 MRSA §17704, 5 MRSA §17704-A, 5 MRSA §17705-A, 5 MRSA §17706-A, 5 MRSA §17707-A, 5 MRSA §17708, 5 MRSA §17708-A, 5 MRSA §17708-B, 5 MRSA §17709, 5 MRSA §17709-A, 5 MRSA §17709-B, 5 MRSA §17710, 5 MRSA §17710-A, 5 MRSA §17710-B, 5 MRSA §17711, 5 MRSA §17711-A, 5 MRSA §17711-B, 5 MRSA §17712-B, 5 MRSA §17713, 5 MRSA §17716, 5 MRSA §17754, 5 MRSA §17763, 5 MRSA §17763-A, 5 MRSA §17764, 5 MRSA §17765, 5 MRSA §17766, 5 MRSA §17802, 5 MRSA §17851, 5 MRSA §17851-A, 5 MRSA §17852, 5 MRSA §17858-B, 5 MRSA §17904, 5 MRSA §17906, 5 MRSA §17924, 5 MRSA §17930, 5 MRSA §18055, 5 MRSA §18200, 5 MRSA §18201, 5 MRSA §18202, 5 MRSA §18203, 5 MRSA §18203-A, 5 MRSA §18204, 5 MRSA §18251, 5 MRSA §18252, 5 MRSA §18252-A, 5 MRSA §18252-B, 5 MRSA §18253, 5 MRSA §18254, 5 MRSA §18254-A, 5 MRSA §18257, 5 MRSA §18301, 5 MRSA §18304, 5 MRSA §18305, 5 MRSA §18305-A, 5 MRSA §18306-A, 5 MRSA §18307-A, 5 MRSA §18308, 5 MRSA §18309, 5 MRSA §18310, 5 MRSA §18354, 5 MRSA §18358, 5 MRSA §18360, 5 MRSA §18362, 5 MRSA §18402, 5 MRSA §18407, 5 MRSA §18408, 5 MRSA §18451, 5 MRSA §18504, 5 MRSA §18506, 5 MRSA §18530, 5 MRSA §18542, 5 MRSA §18655, 5 MRSA §18663, 5 MRSA §18801, 5 MRSA §18804, 5 MRSA §18806

Legislative Document 
No. 2146 
H.P.1525 
House of Representatives, January 10,2008 
An Act To Improve the Codification of Retirement Plans 
Administered by the Maine Public Employees Retirement System 
Submitted by the Maine Public Employees Retirement System pursuant to Joint Rule 204. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative TUTTLE of Sanford. 
Cosponsored by Senator STRIMLING of Cumberland and 
--rr;~ frJ· 7!!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BURNS of Berwick, CLARK of Millinocket, DRISCOLL of Westbrook, 
DUPREY of Hampden, HAMPER of Oxford, HASKELL of Portland, JACKSON of Allagash, 
THOMAS of Ripley. 
Primed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2 MRSA §l-A, sub-§2,~, as enacted by PL 1985, c. 801, §§I and 7 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
B. 
A Governor may become or continue to be a member of the Maine Public 
Employees Retirement System State Employee and Teacher Retirement Program and 
is entitled to all benefits, except that the benefit provided under this section shall be ~ 
in lieu of, and not in addition to, all benefits provided under Title 5, Part 20. 
Sec. 2. 2 MRS A §l-A, sub-§2, ~C, as enacted by PL 1985, c. 801, §§I and 7 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
C. 
When a retirement allowance under this section becomes effective: 
II 
(I) Any accumulated contributions of a Governor who is or was a member of the 
State Employee and Teacher Retirement Program or was a member of the Matne 
Public Employees Retirement System shall former Maine State Retirement 
System must be transferred from the Members' Contribution Fund to the 
Governor's Retirement Fund; and 
(2) An amount sfla.ll must be transferred from the Retirement Allowance Fund to 
the Governor's Retirement Fund equal to the accrued benefit reserve minus the 
accumulated contributions under subparagraph (1), which would have been 
required to pay the benefits to which the Governor or surviving spouse would 
have been entitled under Title 5, chapter 423, subchapter V- 2. 
Sec. 3. 3 MRS A §701, sub-§8, as enacted by PL 1985, c. 507, § I and amended 
by PL 2007, c. 58, §3, is further amended to read: 
8. Creditable service. "Creditable service" means service rendered while a member 
of the former Maine Legislative Retirement System er, the Legislative Retirement 
Program, the Maine Public Employees Retirement System former Maine State 
Retirement System or the State and Teacher Retirement Program for which credit is 
allowed under section 802. 
Sec. 4. 3 MRSA §701, sub-§12, as enacted by PL 1985, c. 507, §I, is amended to 
read: 
12. Member. "Member" means a Legislator who is included in the membership of 
I 
the Matne Legislative Retirement System Program, as provided in section 80 I. 
Sec. 5. 3 MRSA §702, as enacted by PL 1985, c. 507, § I, is amended to read: 
§702. Name, establishment and purpose 
There is established the Matne Legislative Retirement System Program, which sfla.ll 
fla¥e has the powers and privileges of a corporation. 
The purpose of the Matne Legislative Retirement System Program is to provide 
retirement allowances and other benefits under this chapter for Legislators. 
Sec. 6. 3 MRSA §731, first~, as enacted by PL 1985, c. 507, § 1 and amended by 
PL 2007, c. 58, §3, is further amended to read: 
The Board of Trustees of the Maffie Legislative Retirement System shall cORsist 
Program consists of those persons who are members of the Board of Trustees of the 
Maine Public Employees Retirement System. The Board of Trustees of the Maffie 
Legislative Retirement System Program is responsible for the proper operation and 
implementation of the Maffie Legislative Retirement System Program under this chapter. 
Sec. 7. 3 MRSA §731, sub-§I, as amended by PL 1989, c. 133, §4 and PL 2007, 
c. 58, §3, is further amended to read: 
1. Duties. The board shall have of trustees has the same duties with respect to the 
Maffie Legislative Retirement System Program as the Board of Trustees of the MaiRe 
Pl:lblic Employees RetiremeRt System has with other programs of the Maine Public 
Employees Retirement System, including, but not limited to, those powers and duties 
enumerated in Title 5, chapter 421, subchapters III, IV aRd V 3, 4 and 5. 
Sec. 8. 3 MRSA §731, sub-§2, as enacted by PL 1985, c. 507, §1, is further 
amended to read: 
2. Administration of Legislative Retirement Program. The board of trustees shall 
administer the Maffie Legislative Retirement System Program and may proml:llgate adopt 
and publish, in accordance with the MaiRe AdmiRistrative Procedl:lre Act, Title 5, chapter 
375, subchapter H 2., any rules necessary and proper to give effect to the intent, purposes 
and provisions of this chapter. 
Sec. 9. 3 MRSA §731, sub-§3, as enacted by PL 1985, c. 507, §1, is amended to 
read: 
3. Expenses. The trustees shall be com peR sated, are entitled to compensation as 
provided in Title 5, chapter 379, from the funds of the MaiRe Legislative RetiremeRt 
System Maine Public Employees Retirement System. 
Sec. 10. 3 MRSA §732, as enacted by PL 1985, c. 507, § 1 and amended by PL 
2007, c. 58, §3, is further amended to read: 
§732. Executive director 
The Executive Director of the Maine Public Employees Retirement System shall be ~ 
the Executive Director of the Maffie Legislative Retirement System Program. The 
executive director shall have has the same powers and duties with respect to the Maffie 
Legislative Retirement System Program as he does with other programs of the Maine 
Public Employees Retirement System, except as provided in this chapter. 
Sec. 11. 3 MRSA §733, as enacted by PL 1985, c. 507, § 1 and amended by PL 
2007, c. 58, §3, is further amended to read: 
§733. Actuary 
The Actuary actuary of the other programs of the Maine Public Employees 
Retirement System shall be ~ the Actuary of the Maffie Legislative Retirement System 
Program. 
Sec. 12. 3 MRSA §734, as amended by PL 1995, c. 643, §1 and PL 2007, c. 58, 
§3, is further amended to read: 
§734. Medical board 
A medical board of the other programs of the Maine Public Employees Retirement 
System established in Title 5, section 17106, subsection 1 is the medical board of the 
Maffie Legislative Retirement System Program. The medical board shall arrange for and 
pass upon all medical examinations required under this chapter with respect to disability 
retirements and shall report in writing to the executive director its conclusions and 
recommendations upon all the matters referred to it. The board of trustees may designate 
other physicians to provide medical consultation on legislative disability cases. 
Sec. 13. 3 MRSA §735, as amended by PL 1989, c. 133, §5 and PL 2007, c. 58, 
§3, is further amended to read: 
§735. Administrative procedures 
Appeal from the executive director's decision shall be ~ the same as provided for 
other programs of the Maine Public Employees Retirement System in Title 5, section 
17451. 
I 
Sec. 14. 3 MRSA §736, as enacted by PL 1985, c. 507, § 1, is further amended to 
read: 
§736. Legal adviser 
The Attorney General or an assistant designated by him shall be the Attorney General 
is the legal adviser of the Board of Trustees of the Mallie Legislative Retirement System 
Program. 
Sec. 15. 3 MRSA §751, as amended by PL 1989, c. 133, §6 and PL 2007, c. 58, 
§3, is further amended to read: 
§751. Control of funds 
The board of trustees shall be ~ the trustee of the funds created by this chapter and 
I 
shall administer those funds in the same manner as is provided for the administration of 
other program funds of the Maine Public Employees Retirement System flm6s in 
accordance with Title 5, chapter 42 I, subchapters ill J and I¥ 1. The board of trustees 
may establish separate funds or accounts within a fund, as necessary. 
Sec. 16. 3 MRSA §754, as enacted by PL 1985, c. 507, § I and amended by PL 
2007, c. 58, §3, is further amended to read: 
§754. Investments 
The board of trustees may combine funds from the Maffie Legislative Retirement 
System Program and the assets of other programs of the Maine Public Employees 
Retirement System for investment purposes. The assets and funds of other programs of 
the Maine Public Employees Retirement System and the assets and funds of the Maffie 
Legislative Retirement System shall Program may not be combined for benefit payment 
purposes or for administrative expenses. 
Sec. 17. 3 MRS A §755, as enacted by PL 1985, c. 507, § 1, is amended to read: 
§755. Legislative findings and intent 
1. Findings. The Legislature finds that the State owes a great debt to its retired 
Legislators for their years of faithful and productive service. Part of that debt is repaid by 
the benefits provided to Legislators through the Maffie Legislative Retirement System 
Program. 
2. Intent. It is the intent of the Legislature that there sllaI-l be appropriated and 
transferred annually to the Maffie Legislative Retirement System Program the funds 
necessary to meet the system's program's long-term and short-term financial obi igations 
based on the actuarial assumptions established by the board of trustees upon the advice of 
the actuary. The goal of the actuarial assumptions shall be .lli to achieve a fully funded 
system program. The system's program's unfunded liability sllaI-l must be funded by 
annual appropriations over the funding period of the system program. 
3. 
Implementation. It shall be .lli the responsibility of the board of trustees to 
calculate the funds necessary to maintain the system program on an actuarially sound 
basis, including the unfunded liability arising from payment of benefits for which 
contributions were not received and to transmit those calculations to the State Budget 
Officer as required by Title 5, sections 1661 to 1667. It shall be .lli the responsibility ofthe 
Legislature to appropriate and transfer those funds annually. 
Sec. 18. 3 MRSA §801, as amended by PL 2007, c. 58, §3 and c. 249, §2, is 
further amended to read: 
§801. Membership 
1. Membership mandatory. Every Legislator serving in the Legislature on or after 
December 3, 1986 is a member of the Maffie Legislative Retirement System Program, 
except that any Legislator who is was a member of the Maine State Retirement System on 
December 2, 1986 may continue choose to be a member of that system the State 
Employee and Teacher Retirement Program instead of becoming a member of the Maffie 
Legislative Retirement System Program, and any Legislator who is a public school 
teacher or an employee of the Maine Community College System on leave of absence for 
the purpose of serving in the Legislature continues to be a member of the Maine State 
Retirement System State Employee and Teacher Retirement Program and to have 
contributions deducted from the member's legislative earnable compensation as provided 
by Title 5, section 17701. A Legislator who terminates employment from a position 
I 
requiring membership in the Maine State Retirement System State Employee and Teacher 
Retirement Program no longer contributes to the Maine State Retirement System State 
Employee and Teacher Retirement Program and, if qualified, is eligible to become a 
benefit recipient under Title 5, section 17804. Upon such termination, the Legislator 
becomes a member of the Maffie Legislative Retirement System Program. Except as 
provided in section 802, subsection 4, paragraph A, creditable service granted under the 
Maine State Retirement System State Employee and Teacher Retirement Program may 
not be transferred to the Maffie Legislative Retirement System Program. A member 
ceases to be a member when the member withdraws the member's contributions, becomes 
a beneficiary as a result of the member's own retirement or dies. 
II 
I-A. Waiver provision. Any Legislator may petition the presiding officer for a 
waiver from the membership provisions of subsection I if it can be demonstrated that 
membership in the Maffie Legislative Retirement System Program. will create or 
exacerbate a Legislator's federal income tax liability due to the ownership of another 
retirement plan. The Office of the Executive Director of the Legislative Council shall 
provide assistance as requested by the Legislator or presiding officer. The presiding 
officer shall respond to the Legislator's petition within 30 days and shall provide copies of 
the decision to the Executive Director of the Legislative Council and the Executive 
Director ofthe Maine Public Employees Retirement System. 
2. Reports from Legislative Administrative Director. The Executive Director of 
the Legislative Council shall submit to the board of trustees a statement showing the 
name, title, compensation, sex, date of birth and length of service of each member and 
any other information as the board of trustees may require at such times as the board of 
trustees may require. 
Sec. 19. 3 MRSA §802, sub-§2, as enacted by PL 1985, c. 507, § 1 and amended 
by PL 2007, c. 58, §3, is further amended to read: 
2. Legislative service before December 3, 1986. All service of a member as a 
Legislator before December 3, 1986,--sflall must be allowed as creditable service upon 
payment of contributions at that percentage rate required of members of the Maine P\:Iblie 
Employees Retirement System State Employee and Teacher Retirement Program during 
the period of time covered by the legislative service applied to the earnable compensation 
of the member, together with interest at a rate set by a rule of the board of trustees from 
the end of the calendar year in which the compensation was paid to the date payment of 
the contributions is made. 
Sec. 20. 3 MRS A §802, sub-§4, as amended by PL 2007, c. 58, §3 and c. 249, §3, 
is further amended to read: 
4. State Employee and Teacher Retirement Program service. Creditable service 
as a member of the Maine P\:Iblie Employees Retirement S)'stem State Employee and 
Teacher Retirement Program as a state employee sfl.a.l.l must be allowed as creditable 
service of the Maffie Legislative Retirement System Program as follows. 
A. 
Any member who has not withdrawn the member's accumulated contributions 
with the Maine P\:Iblie Employees Retirement System State Employee and Teacher 
Retirement Program and is not a benefit recipient under Title 5, section 17804 may, 
upon becoming a Legislator, have the member's Maine Pliblic Employees Retirement 
System State Employee and Teacher Retirement Program contributions and 
membership service transferred to the member's account with the Maffie Legislative 
Retirement System Program and all creditable service resulting from membership in 
the Maine Pliblic Employees Retirement System State Employee and Teacher 
Retirement Program is creditable service in the Maffie Legislative Retirement System 
Program. 
All funds in the Maine Pl:lblic Employees Retirement System State Employee and 
Teacher Retirement Program contributed by the State on account of the member's 
employment must be transferred to the Maffie Legislative Retirement System 
Program and must be used to liquidate the liability incurred by reason of the 
member's previous employment. The State shall make contributions, from time to 
time, as may be necessary to provide the benefits under the Maffie Legislative 
Retirement System Program for the member that have accrued to the member by 
reason of the member's previous employment and may accrue to the member by 
reason of membership in the Maine Pliblic Employees Retirement System State 
Employee and Teacher Retirement Program. 
B. 
Any member who has withdrawn hls that member's accumulated contributions 
from the Maine Pl:lblic Employees Retirement System State Employee and Teacher 
Retirement Program may, subsequent to becoming a Legislator and prior to the date 
any retirement allowance becomes effective for hlm the member, deposit in the fund 
by a single payment or by an increased rate of contribution an amount equal to the 
accumulated contributions withdrawn by hlm the member, together with interest at a 
rate set by a rule of the board of trustees from the date of withdrawal to the date of 
repayment. If repayment is made in installments, interest shall continlie continues to 
accrue on the outstanding balance. The member shall be ~ entitled to all creditable 
service that he the member acquired during hls the member's previous membership. 
In the event any retirement allowance becomes effective before repayment is 
completed, the member shall be ~ entitled to credit for that portion of the total of the 
previous creditable service which the total amount of payments actually made bears 
to the total amount, including interest at a rate set by a rule of the board of trustees 
from the date of withdrawal to the date the retirement allowance becomes effective. 
C. 
Ne A person may not receive benefits under both the Maffie Legislative 
Retirement System Program and the Maine Pl:lblic Employees Retirement System 
State Employee and Teacher Retirement Program based upon the same period of 
service. 
Sec. 21. 3 MRSA §803, as amended by PL 2007, c. 240, Pt. U, §2, is further 
amended to read: 
§803. State contribution 
1. Payment. For each member, the State shall pay annually into the fund an amount 
known as the employer contribution. 
2. Employer contribution. Employer contribution sfla.l.l must be fixed on the basis 
of the assets and liabilities of the Maffie Legislative Retirement System Program as 
shown by actuarial valuation and shall be ~ expressed as a percentage of the annual 
earnable compensation of each member. 
A. 
The employer contribution rate shall represent represents the percentage of the 
member's compensation payable during periods of membership required to provide 
the difference between the total liabilities for retirement allowances and the amount 
of the assets in the fund. 
B. 
The employer contribution rate shall be ~ determined on actuarial bases adopted 
by the board of trustees. The rate shall be ~ determined by the board of trustees after 
each valuation and shall oontinue continues in force until a new valuation is made. 
3. 
State contribution procedure. The board of trustees shaH submit budget 
estimates to the State Budget Officer in accordance with Title 5, section 1665. 
On each payroll for Legislators, the State Controller shall cause a charge to be made of an 
amount or amounts in payment of the state costs of all charges related to the Maffie 
Legislative Retirement System Program and which sfla.l.l must be credited to the 
appropriate accounts of the fund. Percentage rates to be predetermined by the actuary and 
approved by the board of trustees sfla.l.l must be applied to the total gross salaries of 
members appearing on those payrolls and the resultant charges sfla.l.l must be periodically 
credited to the retirement fund. 
4. Minimum amount of employer contribution. The aggregate payment by the 
State into the fund must be at least sufficient to provide the benefits payable out of the 
fund and the administrative operating expenses of the Maffie Legislative Retirement 
System Program during the current year. 
Sec. 22. 3 MRSA §80S-A, sub-§l, ~C, as amended by PL 2007, c. 58, §3 and 
enacted by c. 137, §3, is further amended to read: 
C. An application for refund is void if the member filing the application returns to 
membership in any retirement plaR program administered by the Maine Public 
Employees Retirement System before issuance of the payment; and 
Sec. 23. 3 MRSA §8S1, sub-§l-B, as enacted by PL 1999, c. 756, §2 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
I-B. At least 10 years of creditable service or 60 years of age on July 1, 1993. A 
member who on July I, 1993, whether or not in service on that date, had 10 years of 
creditable service or who on July I, 1993 had reached 60 years of age and was then in 
service may retire at 60 years of age or thereafter, whether or not the member is in service 
at retirement. Creditable service as a member of any other retirement program of the 
Maine Public Employees Retirement System may be combined with creditable service as 
a member of the Maffie Legislative Retirement System Program for the purpose of 
determining the completion of 10 years of creditable service. 
Sec. 24. 3 MRS A §8S1, sub-§l-C, as enacted by PL 1999, c. 756, §2 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
I 
l-C. Less than 10 years of creditable service on July 1, 1993. A member who on 
July I, 1993 had less than 10 years of creditable service and who was in service on 
October I, 1999; who had left service prior to October I, 1999 with or without 
withdrawing contributions and on or after October I, 1999 returned to service; or who 
first enters service on or after October I, 1999 may retire at 62 years of age or thereafter, 
whether or not the member is in service at retirement, as long as the member has at the 
time of retirement at least 5 years of creditable service. Creditable service as a member 
of any other retirement program of the Maine Public Employees Retirement System may 
be combined with creditable service as a member of the MaiRe Legislative Retirement 
System Program for the purpose of determining the completion of 5 years of creditable 
II 
service. 
Sec. 25. 3 MRSA §851, sub-§2, as amended by PL 1999, c. 756, §3 and PL 2007, 
c. 58, §3, is further amended to read: 
2. Early retirement; 10 years of creditable service on July 1, 1993. Any member, 
whether or not in service at retirement, who on July I, 1993 had at least 10 years of 
creditable service and who has completed at least 25 years of creditable service may retire 
any time before the member's 60th birthday. Creditable service as a member of any other 
retirement program of the Maine Public Employees Retirement System may be combined 
with creditable service as a member of the MaiRe Legislative Retirement System Program 
for the purpose of determining the completion of 25 years of creditable service. The 
retirement allowance is determined in accordance with section 852, except that it is 
reduced by multiplying the retirement allowance by a fraction that represents the ratio of 
the amount of a life annuity due at age 60 years to the amount of a life annuity due at the 
age of retirement. The tables of annuities in effect at the date of retirement are used for 
this purpose. 
Sec. 26. 3 MRSA §851, sub-§2-A, as amended by PL 1999, c. 756, §3 and PL 
2007, c. 58, §3, is further amended to read: 
2-A. Early retirement; less than 10 years creditable service on July 1, 1993. Any 
member, whether or not in service at retirement, who on July 1, 1993 had less than 10 
years of creditable service and who has completed at least 25 years of creditable service 
may retire any time before the member's 62nd birthday. Creditable service as a member 
of any other retirement program of the Maine Public Employees Retirement System may 
be combined with creditable service as a member of the MaiTte Legislative Retirement 
System Program for the purpose of determining the completion of 25 years of creditable 
service. The retirement allowance is determined in accordance with section 852, except 
that it is reduced by 6% for each year that the member's age precedes age 62. 
Sec. 27. 3 MRSA §853, as amended by PL 1989, c. 133, §9 and PL 2007, c. 58, 
§3, is further amended to read: 
§853. Disability retirement 
Any member who becomes disabled while in service may receive a disability 
retirement allowance on the same basis as provided for members of the MaiRe Public 
Employees Retirement System State Employee and Teacher Retirement Program by Title 
5, chapter 423, subchapter ¥~, article 3. 
Sec. 28. 3 MRSA §855, as amended by PL 1989, c. 133, §10 and PL 2007, c. 58, 
§3, is further amended to read: 
§855. Ordinary death benefits 
If a member who is in service or a former member who is a recipient of a disability 
retirement allowance dies, the member's beneficiary, or relative if no designated 
beneficiary, shall be ~ entitled to benefits on the same basis as provided for beneficiaries 
of state employees who are members of the Maine Pt:lblie Emplo)'ees Retirement System 
State Employee and Teacher Retirement Program by Title 5, chapter 423, subchapter ¥ ~, 
article 4. 
Sec. 29. 3 MRSA §856, as amended by PL 1989, c. 133, §11 and PL 2007, c. 58, 
§3, is further amended to read: 
§856. Accidental death benefits 
If a member or a former member who is receiving a disability retirement allowance 
dies as a result of an injury received in the line of duty, benefits sftal.l must be paid on the 
same basis as provided for members of the Maine Pt:lblie Employees Retirement System 
State Employee and Teacher Retirement Program by Title 5, chapter 423, subchapter ¥ ~, 
article 5. 
Sec. 30. 3 MRSA §857, as amended by PL 1989, c. 133, §12 and PL 2007, c. 58, 
§3, is further amended to read: 
§857. Payment of service retirement allowance 
All service retirement allowances sftal.l must be paid on the same basis as provided 
for members of the Maine Pt:lblie Employees Retirement System State Employee and 
Teacher Retirement Program by Title 5, section 17804. 
Sec. 31. 3 MRSA §858, as amended by PL 1989, c. 133, § 13 and PL 2007, c. 58, 
§3, is further amended to read: 
§858. Cost-of-Iiving and other adjustments 
Retirement allowances under this chapter sftal.l must be adjusted on the same basis as 
provided for members of the Maine Pt:lblie Employees Retirement System State 
Employee and Teacher Retirement Program by Title 5, section 17806. 
Sec. 32. 3 MRSA §859, as enacted by PL 1989, c. 133, § 14 and amended by PL 
2007, c. 58, §3, is further amended to read: 
§859. Remarriage after retirement 
If a retiree who is the recipient of a reduced service retirement allowance under 
section 857 remarries after the retiree's spouse dies, the retiree may elect to have the 
reduced retirement benefit paid under the same option to the new spouse after the retiree's 
death instead of continuing the original reduced retirement allowance to the retiree during 
the retiree's lifetime, under the same basis as provided for members of the MaiRe Public 
Employees RetiremeRt System State Employee and Teacher Retirement Program by Title 
5, section 17805. 
Sec. 33. 3 MRSA §860, as enacted by PL 1997, c. 55, § 1 and amended by PL 
2007, c. 58, §3, is further amended to read: 
§860. Divorce 
If a retiree who is the recipient of a reduced service retirement allowance under 
section 857 is granted a divorce either after retirement or before a retirement beneficiary 
is named, the provisions of Title 5, section 17805-A apply on the same basis as for 
members of the MaiRe Public Employees RetiremeRt System State Employee and 
Teacher Retirement Program. 
Sec. 34. 4 MRS A §1202, as enacted by PL 1983, c. 853, Pt. C, §§ 15 and 18, is 
amended to read: 
§1202. Name, establishment and purpose 
There is established OR December 1, 1984, the MaiRe lHdicial RetiremeRt System, 
'Nhich shall have the Judicial Retirement Program, which has the powers and privileges of 
a corporation. 
The purpose of the Maffle Judicial Retirement System Program IS to provide 
retirement allowances and other benefits under this chapter for judges. 
Sec. 35. 4 MRSA §1231, as amended by PL 2001, c. 181, §2 and PL 2007, c. 58, 
§3, is further amended to read: 
§1231. Board of trustees 
The Board of Trustees of the Maffle Judicial Retirement System shall cORsist 
Program consists of those persons who are members of the Board of Trustees of the 
Maine Public Employees Retirement System. 
The Board of Trustees of the Maffle 
Judicial Retirement System Program is responsible for the proper operation and 
implementation of the Maffle Judicial Retirement System Program under this chapter. 
1. Duties. The board shall have of trustees has the same duties with respect to the 
Maffle Judicial Retirement System Program as the board of the MaiRe Public Employees 
RetiremeRt System has with respect to other programs of the Maine Public Employees 
Retirement System, including, but not limited to, those powers and duties enumerated in 
Title 5, chapter 421, subchapters ill J, W 1. and ¥~. 
I 
2. Administration of Judicial Retirement Program. The board of trustees shall 
administer the Maffie Judicial Retirement System Program and is authorized to 
promulgate adopt and publish, in accordance with the MaiRe AdmiRistrative Proeedure 
Aet; Title 5, chapter 375, subchapter II 2., any rules necessary and proper to give effect to 
the intent, purposes and provisions of this chapter. 
3. Expenses. The trustees shall must be compensated, as provided in Title 5, chapter 
379, from the funds of the Maffie Judicial Retirement System Program. 
4. Oath. Each trustee shall, within 30 days after that trustee's appointment, take an 
oath of office to faithfully discharge the duties of a trustee, in the form prescribed by the 
Constitution of Maine. The oath must be subscribed to by the trustee making it, certified 
I I 
by the officer before whom it is taken and immediately filed in the office of the Secretary 
of State. 
5. Quorum. Each voting trustee is entitled to one vote in the board of trustees. Five 
trustees constitute a quorum for the transaction of any business. Five votes are necessary 
for any resolution or action by the board of trustees at any meeting of the board of 
trustees. 
Sec. 36. 4 MRS A §1232, as enacted by PL 1983, c. 853, Pt. C, §§ 15 and 18 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
§1232. Executive director 
The Executive Director of the Maine Public Employees Retirement System shall be ~ 
the Executive Director of the Maffie Judicial Retirement System Program. The executive 
director shall haye has the same powers and duties with respect to the Maffie Judicial 
Retirement System Program as he does with other programs of the Maine Public 
Employees Retirement System, except as provided in this chapter. 
Sec. 37. 4 MRSA §1233, as enacted by PL 1983, c. 853, Pt. C, §§15 and 18 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
§1233. Actuary 
The Aetuary actuary of the other programs of the Maine Public Employees 
Retirement System shall be ~ the Actuary of the Maffie Judicial Retirement System 
Program. 
Sec. 38. 4 MRSA §1234, as amended by PL 1995, c. 643, §2 and PL 2007, c. 58, 
§3, is further amended to read: 
§1234. Medical board 
A medical board of the other programs of the Maine Public Employees Retirement 
System established in section 17106, subsection 1 is the medical board of the Maffie 
Judicial Retirement System Program. The medical board shall arrange for and pass upon 
all medical examinations required under this chapter with respect to disability retirements 
and shall report in writing to the Supreme Judicial Court its conclusions and 
Page II - 123LR3349(OI)-1 
recommendations upon all the matters referred to it. The board of trustees may designate 
other physicians to provide medical consultation on judicial disability cases. 
Sec. 39. 4 MRSA §1235, as amended by PL 1989, c. 133, §22 and PL 2007, c. 58, 
§3, is further amended to read: 
§1235. Administrative procedures 
Appeal from the executive director's decision shall be ~ the same as provided for 
other programs of the Maine Public Employees Retirement System in Title 5, section 
17451. 
Sec. 40. 4 MRSA §1236, as enacted by PL 1983, c. 863, Pt. B, §§ 15 and 45, is 
amended to read: 
§1236. Legal adviser 
The Attorney General or an assistant designated by him shall be the Attorney General 
is the legal adviser of the Board of Trustees of the Maine Judicial Retirement System 
Program. 
Sec. 41. 4 MRSA §1251, as amended by PL 1989, c. 133, §23 and amended by PL 
2007, c. 58, §3, is further amended to read: 
§1251. Control of funds 
The board of trustees shall be ~ the trustee of the funds created by this chapter and 
shall administer those funds in the same manner as is provided for the administration of 
the MaiRe Public Emplo~!,ees RetiremeRt System other program funds of the Maine Public 
Employees Retirement System in accordance with Title 5, chapter 421, subchapters ill .1 
and I¥ 1. The board of trustees may establish separate funds or accounts within a fund, as 
necessary. 
Sec. 42. 4 MRSA §1253, as repealed and replaced by PL 2007, c. 240, Pt. U, §3, 
is amended to read: 
§ 1253. Expenses 
All administrative operating expenses of the Maine Judicial Retirement System 
Program must be charged to the assets of the Maine Judicial Retirement System Program. 
Sec. 43. 4 MRSA §1254, as amended by PL 1983, c. 863, Pt. B, §§16 and 45 and 
PL 2007, c. 58, §3, is further amended to read: 
§1254. Investments 
The board of trustees may combine funds from the Maine Judicial Retirement System 
Program and assets of other programs of the Maine Public Employees Retirement System 
for investment purposes. The assets and funds of other programs of the Maine Public 
Employees Retirement System and the assets and funds of the Maine Judicial Retirement 
System shall Program may not be combined for benefit payment purposes or for 
administrative expenses. 
Sec. 44. 4 MRS A §1255, as amended by PL 1983, c. 863, Pt. B, §§ 17 and 45, is 
further amended to read: 
§1255. Legislative findings and intent 
1. Findings. The Legislature finds that the State owes a great debt to its retired 
judges for their years of faithful and productive service. Part of that debt is repaid by the 
benefits provided to judges through the Maffie Judicial Retirement System Program. 
2. Intent. It is the intent of the Legislature that there shall be ~ appropriated and 
transferred annually to the Maffie Judicial Retirement System Program the funds 
necessary to meet the system's program's long-term and short-term financial obligations 
based on the actuarial assumptions established by the board of trustees upon the advice of 
the actuary. The goal of the actuarial assumptions shall be ~ to achieve a fully funded 
system program. The system's program's unfunded liability for members formerly subject 
to sections 5, 103 and 157-A, shall be ~ funded by annual appropriations over the 
funding period of the system program. This section sfl.a.l.l does not apply to justices and 
judges who retired prior to December 1, 1984. 
3. 
Implementation. It shall be ~ the responsibility of the board of trustees to 
calculate the funds necessary to maintain the system program on an actuarially sound 
basis, including the unfunded liability arising from payment of benefits for which 
contributions were not received and to transmit those calculations to the State Budget 
Officer as required by Title 5, sections 1661 to 1667. It shall be ~ the responsibility of the 
Legislature to appropriate and transfer those funds annually. 
Sec. 45. 4 MRSA §1302, sub-§3, as amended by PL 1985, c. 693, §8 and PL 
2007, c. 58, §3, is further amended to read: 
3. State Employee and Teacher Retirement Program service. Creditable service 
as a member of the MaiRe PHblie Employees RetiremeRt System shall State Employee 
and Teacher Retirement Program must be allowed as creditable service of the Maffie 
Judicial Retirement System Program as follows. 
A. 
Any member who has not withdrawn hls that member's accumulated 
contributions with the MaiRe Publie Emplo~'ees RetiremeRt System State Employee 
and Teacher Retirement Program may, upon appointment as a judge, have his MaiRe 
PHblie Employees RetiremeRt System that member's State Employee and Teacher 
Retirement Program contributions and membership service transferred to hls that 
member's account with the Maffie Judicial Retirement System Program and all 
creditable service resulting from hls membership in the MaiRe Publie Employees 
RetiremeRt System shall be State Employee and Teacher Retirement Program is 
creditable service in the Maffie Judicial Retirement System Program. 
All funds in the MaiRe Publie Employees RetiremeRt System State Employee and 
Teacher Retirement Program contributed by the employer on account of hls 
employment shall be are transferred to the Maffie Judicial Retirement System 
Program and shaH must be used to liquidate the liability incurred by reason of hls that 
member's previous employment. The State shall make such contributions, from time 
to time, as may be necessary to provide the benefits under the Maffle Judicial 
Retirement System Program for the member as have accrued to J:Hm the member by 
reason of hls the member's previous employment and may accrue to J:Hm the member 
by reason ofhls membership in the Maffle Judicial Retirement System Program. 
B. 
Any member who has withdrawn hls that member's accumulated contributions 
from the Maine Publie Employees Retirement System State Employee and Teacher 
Retirement Program may, subsequent to appointment as a judge and prior to the date 
any retirement allowance becomes effective for J:Hm that member, deposit in the fund 
by a single payment or by an increased rate of contribution an amount equal to the 
accumulated contributions withdrawn by J:Hm that member together with interest at 
2% greater than regular interest from the date of withdrawal to the date of repayment. 
If repayment is made in installments, interest shall eontinue continues to accrue on 
the outstanding balance. The member shall be ~ entitled to all creditable service that 
he the member acquired during hls previous membership. In the event any retirement 
allowance becomes effective before repayment is completed, the member shall be ~ 
entitled to credit for that portion of the total of SHOO the previous creditable service 
which the total amount of payments actually made bears to the total amount, 
including interest at 2% greater than regular interest from the date of withdrawal to 
the date the retirement allowance becomes effective. 
D. 
Ne A person may not receive benefits under both the Maffie Judicial Retirement 
System Program and the Maine Publie Employees Retirement System State 
Employee and Teacher Retirement Program based upon the same period of service. 
Sec. 46. 4 MRSA §1303, as amended by PL 2007, c. 240, Pt. U, §4, is further 
amended to read: 
§1303. State contribution 
1. Payment. For each member, the State shall pay annually into the fund an amount 
known as the employer contribution. 
2. Employer contribution rate. The rate of the employer contribution shall be ~ 
fixed on the basis of the assets and liabilities of the Maffie Judicial Retirement System 
Program as shown by actuarial valuation and shall be ~ expressed as a percentage of the 
annual earnable compensation of each member. 
A. 
The employer contribution rate shall represent represents the percentage of the 
members' compensation payable during periods of membership required to provide 
the difference between the total liabilities for retirement allowances not provided by 
the members' contributions and the amount of the assets in the fund. 
B. 
The employer contribution rate shall be ~ determined on actuarial bases adopted 
by the board of trustees. The rate shall be ~ determined by the board of trustees after 
each valuation and shall eontinue continues in force until a new valuation is made. 
3. 
State contribution procedure. The board of trustees shall submit budget 
estimates to the State Budget Officer in accordance with Title 5, section 1665. On each 
I 
payroll for judges from which retirement contributions are deducted, the State Controller 
shall cause a charge to be made of an amount or amounts in payment of the state costs of 
all charges related to the Maine Judicial Retirement System Program and which sfl.a.I.l 
must be credited to the appropriate accounts of the fund. Percentage rates to be 
predetermined by the actuary and approved by the board of trustees sfl.a.I.l must be applied 
to the total gross salaries of members appearing on those payrolls and the resultant 
charges sfla.It must be periodically credited to the retirement fund. 
4. Minimum amount of employer contribution. The aggregate payment by the 
State into the fund must be at least sufficient to provide the benefits payable out of the 
fund and the administrative operating expenses of the Maine Judicial Retirement System 
I I 
Program during the current year. 
Sec. 47. 4 MRS A §1305-A, sub-§l, ~C, as amended by PL 2007, c. 58, §3 and 
enacted by c. 137, §7, is further amended to read: 
C. An application for refund is void if the member filing the application returns to 
membership in any retirement plan program administered by the Maine Public 
Employees Retirement System before issuance of the payment; and 
Sec. 48. 4 MRS A §1306, as enacted by PL 2003, c. 486, §2, is amended to read: 
§I306. Back contribution for certain days off without pay 
1. Election. If the Maine Judicial Public Employees Retirement System determines 
at the time a member retires that the member's benefit would be increased as a result of 
I 
the inclusion of compensation that would have been paid for fiscal year 2002-03 days off 
without pay as described in section 120 I, subsection 3, the retirement system shall advise 
the member of that result and shall allow the member to elect to have that compensation 
included in the calculation of the member's benefit and to make payments as set forth in 
subsection 2. 
2. Payment. The amount that a member who makes the election permitted in 
subsection I must pay is the amount equal to the employee contribution that person 
would have made on wages that would have been paid to that person on the days off 
without pay during the 2002-03 fiscal year as described in section 120 I, subsection 3, 
plus interest at the same rate as that required for payment of back contributions pursuant 
to Title 5, section 17704, subsection 3. If the member elects to make the payment, the 
Maine Judicial Public Employees Retirement System shall withhold the required amount 
from the member's first retirement benefit check. 
3. Benefit calculation. If the member fails to make the election within 3 I days of 
the notification provided under subsection I, the Maine Judicial Public Employees 
Retirement System shall calculate the member's retirement benefit without inclusion of 
the days off without pay during the 2002-03 fiscal year. 
Sec. 49. 4 MRSA §1353, sub-§l-A, as amended by PL 1997, c. 384, §I, IS 
further amended to read: 
I-A. Eligibility for disability. 
A. 
A member with less than 5 years of continuous creditable service immediately 
preceding fl.is an application for a disability allowance is not eligible for that 
disability retirement allowance if that disability is the result of a physical or mental 
condition which existed prior to the persoAs person's latest membership in .!! 
retirement program of the system Maine Public Employees Retirement System, 
unless the disability is a result of, or has been substantially aggravated by, an injury 
or accident received in the line of duty. 
Sec. 50. 4 MRSA §1353, sub-§4, ~C, as amended by PL 1983, c. 863, Pt. B, 
§§26 and 45, is further amended to read: 
C. 
The executive director may require the beneficiary to undergo annual medical 
examinations or tests for the purpose of determining whether the beneficiary is 
incapacitated. These examinations or tests sfial.l must be conducted by a qualified 
physician, mutually agreed upon by the executive director and beneficiary, at a place 
also mutually agreed upon, and the costs of the examination or tests sfial.l must be 
paid by the Maine Judicial Public Employees Retirement System. If the beneficiary 
refuses to submit to an examination or tests, fl.is the beneficiary's disability allowance 
shall cease ceases until he the beneficiary agrees to the examination or tests. If fl.is 
the beneficiary's refusal continues for one year, all rights to any further benefits under 
this section sfial.l terminate. 
Sec. 51. 4 MRSA §1353, sub-§5, as amended by PL 1983, c. 863, Pt. B, §§26 
and 45, is further amended to read: 
5. Earnings. The executive director may require each disability beneficiary to 
submit an annual statement of earnings received from any gainful occupation during that 
year. For any year during which the total of those earnings and the disability allowance 
exceeds the current salary of the position which he that the disabled beneficiary last held, 
the excess sfial.l must be deducted from any disability retirement allowance payments 
made to the beneficiary during the next calendar year. These deductions shall be are 
prorated on a monthly basis, in an equitable manner prescribed by the board of trustees, 
over the year or part of the year for which benefits are received. The beneficiary shall be 
~ responsible for reimbursing the Maine Judicial Public Employees Retirement System 
for any excess earnings not so deducted. 
If a beneficiary does not submit an earnings statement within 30 days of receiving a 
request from the executive director, his the disability retirement allowance shall be ~ 
discontinued until the statement is submitted. If the statement is not submitted within one 
year of receiving a request, all fl.is the beneficiary's rights to any further benefits sfial.l 
cease. 
Sec. 52. 4 MRSA §1355, as repealed and replaced by PL 1989, c. 133, §30 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
§1355. Ordinary death benefits 
If a member who is in service or a former member who is a recipient of a disability 
retirement allowance dies, the member's beneficiary, or relative if the member has no 
designated beneficiary, shall be ~ entitled to benefits on the same basis as provided for 
I 
beneficiaries of state employees who are members of the MaiRe Pl:Iblic Employees 
RetiremeRt System State Employee and Teacher Retirement Program by Title 5, chapter 
423, subchapter ¥~, article 3. 
Sec. 53. 4 MRSA §1356, as repealed and replaced by PL 1989, c. 133, §33 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
§1356. Accidental death benefits 
If a member or a former member who is receiving a disability retirement allowance 
dies as a result of an injury received in the line of duty, benefits shall be are paid on the 
same basis as provided for members of the MaiRe Pl:Iblic Employees RetiremeRt System 
State Employee and Teacher Retirement Program by Title 5, chapter 423, subchapter ¥ ~, 
II 
article 5. 
Sec. 54. 4 MRS A §1357, sub-§2, ~, as repealed and replaced by PL 1999, c. 
744, § I and affected by § 17, is amended to read: 
D. 
Under Option 4, the qualifying member may elect to have a reduced retirement 
benefit payable to the qualifying member while alive and at the qualifying member's 
death to have some benefit other than that available under paragraphs B or C payable 
to the beneficiary that the qualifying member has designated, if the beneficiary 
survives the qualifying member. The total value of the benefit paid to the qualifying 
member during the qualifying member's life plus the benefit paid after the qualifying 
member's death is the actuarial equivalent of the benefit that the qualifying member 
would have received without optional modification. The method used to determine 
the benefit must be approved by the board of trustees, and the beneficiary must be 
designated by written designation, duly notarized and filed with the executive 
director on a form provided or specified by the Maine 1I:Idicial Public Employees 
Retirement System. 
Sec. 55. 4 MRS A §1357, sub-§2, ~, as enacted by PL 1999, c. 744, § I and 
affected by § 17, is amended to read: 
E. 
Under Option 5, the qualifying member may elect to have a reduced retirement 
benefit payable in part to the qualifying member and in part to the beneficiary, who 
must be the sole beneficiary, while both are alive and, at the death of either, to have 
the higher benefit paid to the survivor for the survivor's life. The total value of the 
benefit paid to the qualifying member and beneficiary, during the qualifying 
member's life, plus the benefit to be paid after the death of either is the actuarial 
equivalent of the benefit that the qualifying member would have received without 
optional modification. The method used to determine the benefit must be approved 
by the board of trustees, and the beneficiary must be designated by written 
designation, duly notarized and filed with the executive director on a form provided 
or specified by the Maine ll:ldicial Public Employees Retirement System. 
Sec. 56. 4 MRSA §1357, sub-§2, W, as enacted by PL 1999, c. 744, § I and 
affected by § 17, is amended to read: 
F. 
Under Option 6, the qualifying member may elect to have a reduced retirement 
benefit payable to the qualifying member while alive and, at the qualifying member's 
death, to have the benefit continued in the same amount for the life of the beneficiary, 
who must be the sole beneficiary, that the qualifying member has designated by 
written designation, duly notarized and filed with the executive director on a form 
provided or specified by the Maine Judicial Public Employees Retirement System, if 
the beneficiary survives the qualifying member. 
If the qualifying member's 
beneficiary predeceases the qualifying member, the qualifying member's benefit must 
be changed, effective the first day of the month following the date of the beneficiary's 
death, to be the actuarial equivalent of the benefit that the qualifying member would 
II 
have received without optional modification. The reduced retirement benefit must be 
actuarially calculated to reflect the fact that the benefit may be changed to the larger 
amount should the beneficiary predecease the member. 
Sec. 57. 4 MRSA §1357, sub-§2, ,G, as enacted by PL 1999, c. 744, § 1 and 
affected by § 17, is amended to read: 
G. 
Under Option 7, the qualifying member may elect to have a reduced retirement 
benefit payable to the qualifying member while alive and, at the qualifying member's 
death, to have the benefit continued at 1/2 that amount for the life of the beneficiary, 
who must be the sole beneficiary, that the qualifying member has designated by 
written designation, duly notarized and filed with the executive director on a form 
provided or specified by the Maine J1:ldicial Public Employees Retirement System, if 
the beneficiary survives the qualifying member. 
If the qualifying member's 
beneficiary predeceases the qualifying member, the qualifying member's benefit must 
be changed, effective the first day of the month following the date of the beneficiary's 
death, to the actuarial equivalent of the benefit that the qualifying member would 
have received without optional modification. The reduced retirement benefit must be 
actuarially calculated to reflect the fact that the benefit may be changed to the larger 
amount should the beneficiary predecease the member. 
Sec. 58. 4 MRSA §1357, sub-§3, as enacted by PL 1999, c. 744, §2, is amended 
to read: 
3. One-time change of beneficiary. If the recipient of a service retirement benefit 
has elected an optional method of payment under subsection 2, paragraphs B to H, and 
has designated someone other than a spouse or ex-spouse as sole beneficiary, the 
recipient is permitted a one-time change in the designated beneficiary, but not in the 
already elected payment option or in the amount of the benefits under that option, by 
filing a written designation of the new beneficiary, duly notarized, with the executive 
director on a form provided or specified by the Maine Judicial Public Employees 
Retirement System. The change of beneficiary permitted by this subsection may only be 
made prior to the death of the prior designated beneficiary. 
A. 
The benefit payable to the recipient and the new beneficiary must be paid under 
the same payment option. The amount of the recipient's benefit may not change, and 
the amount of the new beneficiary's benefit must be the same as the amount of the 
prior beneficiary's benefit. 
B. 
The effective date of the designation of the new beneficiary is the date the 
designation is received by the executive director. As of the first day of the month 
following the effective date of the designation of the new beneficiary, the prior 
beneficiary is no longer entitled to any benefit payment and, if concurrent payment 
under subsection 2, paragraph E has been elected, the new beneficiary's benefit must 
become effective on the same date. 
C. 
The new beneficiary's entitlement to benefits ceases on the earlier of: 
(1) The date of the new beneficiary's death; or 
(2) The date established when the amount of the prior beneficiary's benefit was 
established, which is the initial commencement date of benefits to the retiree 
increased by the life expectancy of the prior beneficiary computed in years and 
months using actuarial equivalence assumptions recommended by the system's 
actuary. 
Payment of benefits to the new beneficiary must cease as of the first day of the month 
following the earlier of subparagraph (1) or (2). 
Sec. 59. 4 MRSA §1357, sub-§4, ~A, as enacted by PL 1999, c. 744, §2 and 
affected by § 17, is amended to read: 
A. 
By written certification of the spouse, duly notarized, on a form provided or 
specified by the Maine Judieial Public Employees Retirement System indicating that 
notice has been received from the qualifying member; or 
Sec. 60. 4 MRS A §1357, sub-§4, ~, as enacted by PL 1999, c. 744, §2 and 
affected by § 17, is amended to read: 
B. 
When notice has been given, but certification by the spouse has not been 
provided, by written certification of the qualifying member, duly notarized, on a form 
provided or specified by the Maine Judieial Public Employees Retirement System 
indicating that notice has been given to the spouse. 
Sec. 61. 5 MRS A §1700l, sub-§13,~, as amended by P&SL 1993, c. 67, §l, is 
further amended to read: 
D. 
For a teacher who is eligible for participation in the retirement system State 
Employee and Teacher Retirement Program who is on a leave of absence while 
serving as President of the Maine Education Association, "earnable compensation" 
means the amount that the teacher would have earned if the teacher had remained in a 
teaching position. 
Sec. 62. 5 MRSA §17001, sub-§20, as amended by PL 1987, c. 256, §2, is 
further amended to read: 
20. 
Member. "Member" means any person included in the membership of ~ 
retirement program of the retirement system, as provided in chapter 423, subchapter II 2, 
or chapter 425, subchapter II 2. 
Sec. 63. 5 MRSA §1700l, sub-§21, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
21. Membership service. "Membership service" means service rendered while a 
member of a retirement program of the retirement system on account of which 
contributions are made and for which credit is allowable under chapter 423, subchapter 
I¥ 1 or chapter 425, subchapter I¥ 1. 
Sec. 64. 5 MRSA §17001, sub-§27, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
27. Participating local district. "Participating local district" means a local district 
wfl.iOO that has approved the participation of its employees in the Participating Local 
District Retirement Program of the retirement system under section 18201. 
Sec. 65. 5 MRSA §17001, sub-§30-A, ~A, as enacted by PL 1991, c. 746, §5 
and affected by § 10, is amended to read: 
A. 
Creates or recognizes the right of an alternate payee, or assigns to an alternate 
payee the right, to receive all or a portion of the benefits payable with respect to a 
member or retiree under the retirement system any of the programs of the Maine 
Public Employees Retirement System; 
Sec. 66. 5 MRSA §17001, sub-§42, ~, as enacted by PL 1989, c. 550, §2 and 
repealed and replaced by c. 878, Pt. D, §4, is amended to read: 
D. 
Any employee of a public school in a position not included in paragraph A, B or 
C who was a member of the State Employee and Teacher Retirement Program of the 
retirement system as a teacher on August 1, 1988, as long as: 
(1) The employee does not terminate employment; or 
(2) 
The employee terminates employment and returns to employment in a 
position in the same classification within 2 years of the date of termination; 
Sec. 67. 5 MRSA §17001, sub-§42, ~, as enacted by PL 1989, c. 550, §2 and 
repealed and replaced by c. 878, Pt. D, §4, is amended to read: 
E. 
Any former employee of a public school in a position not included in paragraph 
A, B or C who was a member of the State Employee and Teacher Retirement 
Program of the retirement system as a teacher before August 1, 1988, provided that as 
long as the former employee returns to employment in a position in the same 
classification before July 1, 1991; or 
Sec. 68. 5 MRSA §17051, as enacted by PL 1985, c. 801, §§5 and 7, is amended 
to read: 
§17051. Nonapplicability of other retirement benefit laws 
Ne A law outside of this Part wfl.iOO that provides wholly or in part at the expense of 
the State or of any subdivision of the State for retirement benefits for employees, or for 
the surviving spouses or other beneficiaries of those employees, may not apply to 
members or beneficiaries of any of the programs of the retirement system or to the 
surviving spouses or other beneficiaries of those members or beneficiaries. A member 
may not receive service credit toward a benefit under this Part and under another system 
supported wholly or in part by the State for the same service. 
Sec. 69. 5 MRS A §17056, sub-§4, as amended by PL 1989, c. 399, §4, is further 
amended to read: 
4. Additional funds. If, after review by the actuary of the retirement system State 
Employee and Teacher Retirement Program, it is determined that additional funds are 
required to finance in full the accrued retirement benefits for employees described in this 
section: 
A. 
The actuary shall estimate the amount of additional funds necessary to provide 
full retirement benefits for the period before July 1, 1976; and 
B. 
The counties shall provide funds necessary to fulfill this obligation from the 
retirement allowance funds of those counties. 
Sec. 70. 5 MRSA §17057, sub-§3, as amended by PL 2007, c. 47, §§1 and 2, is 
further amended to read: 
3. Home contact information. Except as provided in this subsection, records of 
home contact information of retirement s~'stem members, and benefit recipients er of any 
of the programs of the retirement system and of staff members that are in the possession 
of the retirement system are confidential, not open to public inspection and not public 
records as defined in Title 1, section 402, subsection 3. 
A. 
For purposes of this subsection, "home contact information" means a home 
address, home telephone number, home facsimile transmission number or home e-
mail address. 
C. 
This subsection does not apply to the home address of a retirement system 
member or a benefit recipient of any of the programs of the retirement system used 
only for membership recruitment purposes by a nonprofit or public organization 
established to provide programs, services and representation to Maine public sector 
retirees unless the retirement system member or benefit recipient has signed a form 
made available by the retirement system indicating that the individual does not 
authorize disclosure of that individual's home address. The retirement system may 
not provide information under this subsection to an organization if the retirement 
system has determined that the organization obtained information for the purpose of 
membership recruitment but used the information for a purpose other than 
membership recruitment. 
Sec. 71. 5 MRSA §17059, sub-§3, as enacted by PL 1991, c. 746, §9 and 
affected by § 1 0, is amended to read: 
3. Benefits and withdrawal of contributions. For the purposes of this section, 
benefits payable with respect to a member or retiree under any of the programs of the 
retirement system include the types of benefits payable by the retirement system and a 
withdrawal of contributions from the retirement system. 
Sec. 72. 5 MRSA § 17061, as enacted by PL 1991, c. 746, §9 and affected by § 1 0, 
is amended to read: 
§ 17061. Termination of interest in retirement system 
The death of an alternate payee as defined in section 17001, subsection 3-B 
terminates the interest of the alternate payee in the retirement system. This section does 
not affect an interest in the retirement system accrued to an individual as a member of .1! 
retirement program of the retirement system. 
Sec. 73. 5 MRSA §17102, sub-§I,~, as amended by P&SL 1993, c. 67, §1, is 
further amended to read: 
B. 
A person who is a member of the State Employee and Teacher Retirement 
Program of the retirement system through employment as a teacher and who is duly 
elected by the Maine Education Association; 
Sec. 74. 5 MRSA §17102, sub-§I, ~C, as repealed and replaced by PL 1987, c. 
256, §4, is amended to read: 
C. 
A person who is a member of the State Employee and Teacher Retirement 
Program of the retirement system through employment as a state employee and who 
is duly elected by the Maine State Employees' Association; 
Sec. 75. 5 MRSA §17102, sub-§I, ~, as amended by PL 1993, c. 410, Pt. L, 
§ 17, is further amended to read: 
E. 
A person who is a member of the Participating Local District Retirement 
Program of the retirement system through a participating local district and who fffitSt 
be ~ appointed by the governing body of the Maine Municipal Association. 
Sec. 76. 5 MRSA §17102, sub-§10, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
10. Reports. The board shall publish annually for each fiscal year: 
A. 
A report showing the fiscal transactions of the retirement system for the fiscal 
year and the assets and liabilities of each of the programs of the retirement system at 
the end of the fiscal year; and 
B. 
The actuary's report on the actuarial valuation of the financial condition of each 
of the programs of the retirement system for the fiscal year. 
Sec. 77. 5 MRSA §17103, sub-§6, as amended by PL 1989, c. 677, §§ 1 and 3, is 
further amended to read: 
6. Rights, credits and privileges; decisions. The board shall in all cases make the 
final and determining administrative decision in all matters affecting the rights, credits 
and privileges of all members of all programs of the retirement system whether in 
participating local districts or in the state service. 
I 
Whenever the board finds that, because of an error or omISSIOn on the part of the 
employer of a member or retired member, a member or retired member is required to 
make a payment or payments to the retirement system, the board may waive payment of 
all or part of the amount due from the member or retired member. 
Sec. 78. 5 MRSA §1710S, sub-§l, ~C, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
C. 
The executive director shall keep in convenient form whatever data are 
necessary for actuarial valuation of the various funds of the retirement system and for 
checking the experience of each ofthe programs of the retirement system. 
Sec. 79. 5 MRS A §17106, sub-§l, as amended by PL 1995, c. 643, §4, is further 
II 
amended to read: 
1. Establishment. The board shall designate a medical board or boards each to be 
composed of 3 physicians not eligible to participate in any of the retirement programs of 
the retirement system. 
Sec. 80. 5 MRSA §17107, sub-§2, ~C, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
C. 
The actuary shall make annual valuations of the assets and liabilities of each of 
the programs of the retirement system on the basis of actuarial assumptions adopted 
by the board. 
Sec. 81. 5 MRSA §17107, sub-§2,~, as amended by PL 2001, c. 181, §5, is 
further amended to read: 
E. 
The actuary shall make whatever investigations the actuary considers necessary 
of the experience of each of the programs of the retirement system with respect to the 
factors that affect the cost of the benefits provided by the retirement system those 
programs. 
(I) The purpose of the investigations is to determine the actuarial assumptions to 
be recommended to the board for adoption in connection with actuarial 
determinations required under this Part. 
(2-A) 
These investigations must be made whenever the board, on 
recommendation of the actuary, determines an investigation to be necessary to 
the actuarial soundness or prudent administration of the p-lan program or t»an-s 
programs to which the investigation is related. The determination must take into 
account p-lan program demographics and changes in p-lan program demographics, 
employment patterns and projections, relevant economic measures and 
expectations and other factors that the board or actuary considers significant. 
With respect to the retirement system p-lan program for state employees and 
teachers, if 6 fiscal years have elapsed without an investigation being conducted, 
the board must either conduct an investigation within the next fiscal year or must 
record in the official minutes of a meeting of the board, in each fiscal year until 
the year in which an investigation is conducted, its decision not to do so and the 
reason or reasons for its decision. 
Sec. 82. 5 MRSA §17107, sub-§2, ~, as amended by PL 1987, c. 402, Pt. A, 
§§68 and 69, is further amended to read: 
F. 
The actuary shall determine the equivalent cash compensation value to the 
members of the programs of the retirement system of the benefits provided for them 
by the retirement system those programs and shall furnish that information to the 
Director of Human Resources. 
Sec. 83. 5 MRSA §17151, as enacted by PL 1985, c. 801, §§5 and 7 and amended 
by PL 2007, c. 58, §3, is further amended to read: 
§17151. Legislative findings and intent 
1. Findings. The Legislature finds that the State owes a great debt to its retired 
employees for their years of faithful and productive service. 
A. 
Part of that debt is repaid by the benefits provided to retirees through the MaHle 
Public Employees Retiremeat System State Employee and Teacher Retirement 
Program. 
B. 
Retirees, who depend heavily on these benefits, and current employees, who will 
one day retire and receive benefits, are concerned about the financial viability of the 
retirement system program. 
2. Intent. It is the intent of the Legislature that there must be appropriated and 
transferred annually to the retirement system the funds necessary to meet the s)'stem's 
State Employee and Teacher Retirement Program's long-term and short-term financial 
obligations based on the actuarial assumptions established by the board upon the advice 
of the actuary. The amount of the unfunded liability attributable to state employees and 
teachers as of July 1, 2004, as certified by the board or as that amount may be revised in 
accordance with the terms of the certification, must be retired in no more than 23 years 
from June 30, 2005. For fiscal year 2004-05, the Legislature must appropriate or allocate 
and there must be transferred to the retirement system funds necessary to institute, as of 
July I, 2005, the 23-year amortization schedule. For each fiscal year starting with the 
fiscal year that begins July 1, 2005, the Legislature shall appropriate or allocate and 
transfer to the retirement system the funds necessary to meet the 23-year requirement set 
forth in this subsection, unless the Legislature establishes a different amortization period. 
Funds that have been appropriated must be considered assets of the retirement system. 
A. 
The goal of the actuarial assumptions is to achieve a fully funded retirement 
system program. 
B. 
The retiremeat system's State Employee and Teacher Retirement Program's 
unfunded liability for persons formerly subject to the Maine Revised Statutes of 
1944, chapter 37, sections 212 to 220 must be repaid to the system from annual 
appropriations over the funding period of the retiremeat system program. 
C. 
This section may not be construed to require the State to appropriate and transfer 
funds to meet the obligations of participating local districts to the retirement system. 
I 
Sec. 84. 5 MRSA §17153, sub-§l-A, as amended by PL 1991, c. 528, Pt. P, §2 
and affected by Pt. RRR and amended by c. 591, Pt. P, §2, is further amended to read: 
I-A. Actuarially sound basis. The board shall calculate the funds necessary to 
maintain all programs of the retirement system on an actuarially sound basis, including 
the unfunded liability arising from payment of benefits for which contributions were not 
received and shall transmit those calculations to the State Budget Officer as required by 
chapter 149. 
A. 
For benefits applicable to state employees, teachers or participating local district 
employees that are established through collective bargaining, the board shall apply 
the funding methods and assumptions adopted by the board pursuant to this 
II 
subsection. 
B. 
The Legislature shall appropriate and transfer annually those funds the board 
determines to be necessary under this subsection to maintain the programs of the 
retirement system on an actuarially sound basis, except that for fiscal year 1991-92 
the annual appropriation must be $73,500,000 less than the amount that would 
otherwise be applied toward the repayment of the unfunded liability of the system 
State Employee and Teacher Retirement Program. 
C. 
This subsection may not be construed to require the State to appropriate and 
transfer funds to meet the obligations of participating local districts to the retirement 
system. 
Sec. 85. 5 MRSA §17154, sub-§6, as amended by PL 2007, c. 240, Pt. U, §6, is 
further amended to read: 
6. Payment of employer charges for teachers. For teachers, percentage rates to be 
predetermined by the actuary and approved by the board must be applied to the total 
earnable compensation of members covering the most recent school year preceding the 
preparation of the biennial budget. 
A. The resulting amount must be appropriated and credited to the appropriate funds. 
B. Notwithstanding this section, the employer retirement costs and administrative 
operating expenses related to the retirement plaR-s programs applicable to those 
teachers whose funding is provided from federal grants or through federal 
I 
reimbursement must be paid by local school systems from those federal funds. 
C. Notwithstanding this section, the employer retirement costs and administrative 
operating expenses related to the retirement 1*m program applicable to those teachers 
who are permitted to continue to accrue service credit while on a one-year leave of 
absence and participating in the education of prospective teachers by teaching and 
supervising students enrolled in college-level teacher preparation programs in this 
State must be paid from funds provided by the college employing the teacher during 
that year. 
D. Notwithstanding this section, the employer retirement costs and administrative 
operating expenses related to the retirement 1*m program applicable to a teacher who 
is permitted to continue to accrue service credit while on a leave of absence and 
serving as President of the Maine Education Association must be paid from funds 
provided by the Maine Teachers Association. For purposes of this paragraph, in 
computing the employer cost, "earnable compensation" means the amount that the 
teacher would have earned if the teacher had remained in a teaching position. 
E. Notwithstanding this section, the employer retirement costs and administrative 
operating expenses related to the retirement ~ 
program applicable to those 
teachers whose funding is provided directly or through reimbursement from private 
or public grants must be paid by local school systems from those funds. "Public 
grants" does not include state or local funds provided to school administrative units 
under Title 20-A, chapters 315 and 606-B. 
F. 
Notwithstanding this section, effective September 1, 1993, the employer 
retirement costs and administrative operating expenses related to the retirement ~ 
program, less the unfunded liability, that are applicable to a teacher who is permitted 
to continue to accrue service credit while on released time and serving as president of 
a recognized or certified collective bargaining agent representing teachers must be 
paid from funds provided by the collective bargaining agent or school administrative 
unit. 
For purposes of this paragraph, in computing the employer cost, "earnable 
compensation" means the amount that the teacher would have earned if the teacher 
had remained in a teaching position. 
Sec. 86. 5 MRSA §17158, as amended by PL 1987, c. 739, §§6 and 48 and PL 
2007, c. 58, §3, is further amended to read: 
§ 17158. Full funding 
Upon full funding of the accrued unfunded reserves of any program of the Maine 
Public Employees Retirement System, the board of trustees may reduce employer 
contributions to the level required to maintain proper funding of earned benefits. The 
board of trustees may also seek legislative action to reduce employee contributions or 
pick-up contributions established by this Part. 
Sec. 87. 5 MRSA § 17160, as enacted by PL 2001, c. 707, § 1 and amended by PL 
2007, c. 58, §3, is further amended to read: 
§17160. Minimum level of employer contribution 
1. 
Portion of employer contribution. 
Beginning in fiscal year 2002-03 and 
continuing until the unfunded liabilities of the Maine Public Employees Retirement 
System State Employee and Teacher Retirement Program attributable to state employees 
and teachers, as defined in the Constitution of Maine, Article IX, Section 18-B, are 
retired, within the term provided in Section 18-B or within any shorter term provided by 
statute, the portion of the employer contribution amount devoted to paying the unfunded 
liabilities of the system prQg!"am attributable to state employees and teachers may not be 
less than the amount paid for that purpose during the immediately preceding fiscal year. 
A. 
In circumstances in which the unfunded liability amount to be paid in a given 
year would be less than the amount paid in the immediately preceding year, the Board 
of Trustees of the Maine Public Employees Retirement System shall request the 
system's actuary to recommend a methodology to adjust I*an program funding in 
order to realize payment of the required amount. The methodology for adjustment 
must be actuarially sound in itself and may not jeopardize the actuarial soundness of 
the system program or its funding. 
B. 
If the system's actuary determines pursuant to paragraph A that no methodology 
meeting the requirements of this subsection can be identified, then the requirement 
that the unfunded liability payment in a given year may not be less than the amount 
paid in the immediately preceding fiscal year applies only to the General Fund 
portion of the unfunded liability payment. 
A General Fund appropriation in the 
amount of the difference between the General Fund portions of the unfunded liability 
payment in the 2 years in question must be sought. 
Sec. 88. 5 MRS A §17203, sub-§l, as amended by PL 1981, c. 185, § 1, is further 
amended to read: 
1. Certification and deduction. The board shall certify to the chief administrative 
officer of each department, school and participating local district and the chief 
administrative officer shall cause to be deducted from the compensation of each member 
on each payroll of the department, school or participating local district for each payroll 
period, the appropriate percentage of earnable compensation to be contributed. 
A. 
Amounts deducted from the compensation of state employees sflall must be 
credited to the retirement system State Employee and Teacher Retirement Program in 
the same manner and at the same time that employer charges are credited to tfle 
retirement system that program as provided by section 17154, subsection 5. 
B. 
Amounts deducted from the compensation of teachers must be paid to the 
retirement system State Employee and Teacher Retirement Program by the chief 
administrative officer of each school administrative unit monthly in accordance with 
rules of the board. Delinquent payments due under this paragraph: 
(1) May be subject to a late fee as directed by the board and interest at a rate, to 
be set by the board and paid by the school administrative unit, not to exceed 
regular interest by 5 or more percentage points; 
(2) May be recovered by action in a court of competent jurisdiction against the 
school administrative unit; or 
(3) May, at the request of the retirement system, be deducted from any other 
money payable to that school administrative unit. 
C. 
Payment of members' contributions to the retirement system Participating Local 
District Retirement Program by participating local districts is governed by sections 
18301 to 18303. 
Sec. 89. 5 MRSA §17203, sub-§3, as amended by PL 1987, c. 739, §§7 and 48, 
is further amended to read: 
3. Member's consent. Every It is deemed that every member shall be deemed to 
consent has consented to allow the chief administrative officer of his the member's 
department, school or participating local district to make deductions from the member's 
compensation or to make pick-up contributions to satisfy the member's required 
contribution to the applicable retirement system program. 
Sec. 90. 5 MRSA §17206, as enacted by PL 1985, c. 801, §§5 and 7, is amended 
to read: 
§ 17206. Statement of account 
The executive director shall furnish to each member of the retirement programs of the 
retirement system, upon request, a statement showing the amount of accumulated 
contributions to the member's credit in his the member's individual account in the 
Members' Contribution Fund. 
Sec. 91. 5 MRS A §17253, first~, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
The percentage rate of the employer contribution, described in section 17252, to be 
known as the "employer contribution rate," shall be ~ fixed on the basis of the assets and 
liabilities of the retirement system programs of the Maine Public Employees Retirement 
System as shown by actuarial valuation. 
Sec. 92. 5 MRSA §17601, sub-§l, ~A, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
A. 
A statement showing the name, title, compensation, sex, date of birth and length 
of service of each member of the retirement system State Employee and Teacher 
Retirement Program in that department and any other information required to 
administer this Part in the format specified by the executive director; and 
Sec. 93. 5 MRSA §17602 is enacted to read: 
§17602. Name, establishment and purpose 
There is established the State Employee and Teacher Retirement Program, which has 
the powers and privileges of a corporation. 
The purpose of the State Employee and Teacher Retirement Program is to provide 
retirement allowances and other benefits under this chapter for state employees and 
teachers. 
Sec. 94. 5 MRSA §17651, as enacted by PL 1985, c. 801, §§5 and 7, is amended 
to read: 
§17651. Mandatory membership 
All state employees sfla.ll and teachers become members of the retirement system 
State Employee and Teacher Retirement Program as a condition of their employment. 
Sec. 95. 5 MRSA §17652, as amended by PL 2007, c. 58, §3 and c. 305, §§2 and 
3, is further amended to read: 
§17652. Optional membership 
1. 
Elected and appointed officials. Membership in the retirement system State 
Employee and Teacher Retirement Program is optional for elected officials or officials 
appointed for a fixed term. 
2. Delayed election of membership. A person, including a substitute teacher, who 
elects not to join the retirement system State Employee and Teacher Retirement Program 
at the beginning of that person's employment may at any time apply for and be admitted 
to membership. 
A-I. 
A person who joins the retirement system State Employee and Teacher 
Retirement Program under this subsection may purchase service credit for the period 
during which the person served as an elected official or official appointed for a fixed 
term or was employed as a substitute teacher but was not a member of the retirement 
system program. 
B. 
Membership service credit for persons joining the retirement system State 
Employee and Teacher Retirement Program under this subsection begins as of the 
effective date of first contributions or pick-up contributions to the system program. 
C. 
This subsection applies to any member who begins membership after December 
31,1985. 
2-A. Reentry. A person whose membership is optional and who becomes a member 
after having previously withdrawn from the retirement system State Employee and 
Teacher Retirement Program may purchase service credit for the time served in eligible 
service as follows. If qualified under both paragraphs A and B, the person may purchase 
time under both paragraphs. 
A. 
If the person withdrew accumulated contributions at the time of withdrawal, the 
person may repurchase that prior service credit by repaying those contributions 
pursuant to section 17703. 
B. 
For the purchase of time for which the person was not a member, the person 
must pay the amount set forth in section 1 7704-A. 
3. Certain employees of the Maine Community College System. Notwithstanding 
section 17651, membership in the retirement system State Employee and Teacher 
Retirement Program is optional for employees of the Maine Community College System 
who are eligible to participate in a retirement plan pursuant to Title 20-A, section 12722. 
4. 
Limitation on election to join or rejoin State Employee and Teacher 
Retirement Program. Notwithstanding any other law, confidential employees of the 
Maine Community College System who are not represented in a collective bargaining 
unit may join or rejoin the system State Employee and Teacher Retirement Program 
under this section only upon the written authorization of the Board of Trustees of the 
Maine Community College System. The board of trustees shall authorize the person to 
join or rejoin the retirement s~'stem State Employee and Teacher Retirement Program 
when the Maine Community College System Office or other Maine Community College 
System entity that employs the individual seeking to join or rejoin has identified and 
designated the funds necessary to pay for the cost of that person's joining or rejoining the 
retirement system program. 
5. Certain members of the Maine National Guard. A member of the Maine 
National Guard who is not governed by section 17651 and who is on active state service 
for more than 5 consecutive days pursuant to Title 37-B may elect to be a member of the 
Maine Publio Employees Retirement System State Employee and Teacher Retirement 
Program. A member of the Maine National Guard on active state service pursuant to 
Title 37-B who does not elect to participate in the Maine Public Employees Retirement 
System State Employee and Teacher Retirement Program or is not eligible to participate 
lOin the Maine P\:lblio Employees Retirement System State Employee and Teacher 
Retirement Program shall participate in the United States Social Security System. Once a 
member of the Maine National Guard makes an election under this subsection, that 
election is irrevocable. A member of the Maine National Guard on active state service 
pursuant to Title 37-B may participate in the tax-deferred arrangement of chapter 67. 
6. 
Substitute teachers. 
Notwithstanding section 17651, membership in the 
retirement system State Employee and Teacher Retirement Program is optional for 
substitute teachers. The right of a substitute teacher to rejoin the retirement s)'stem 
program is limited to 2 occurrences. 
Sec. 96. 5 MRSA §17654, first~, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
A member ceases to be a member of the retirement system State Employee and 
Teacher Retirement Program if the member: 
Sec. 97. 5 MRSA §17656, as amended by PL 2005, c. 636, Pt. B, § 1 and c. 668, 
§ 1, is further amended to read: 
§17656. 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 retirement system 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 fie the member has not previously withdrawn 
Iti5 the member's accumulated contributions: 
(1) Have Iti5 the membership transferred to Iti5 the member's account with the 
new employer; and 
(2) Be entitled to all benefits wfl.iefl 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. 
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 system program for the member 
as have accrued to the member by reason of flffl the member's previous employment 
and as may accrue to the member by reason of flffl the member's new employment. 
C. 
If the new employer makes the election provided under paragraph B, all funds in 
the applicable retirement system 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. 
D. 
If the plan from which the member is transferring and the plan to which the 
member is transferring are both plans described in section 286-M, subsection 3, 
paragraph A, subparagraph (3), the member 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. 
2. Reemployment of public safety communications dispatchers with Department 
of Public Safety. Notwithstanding subsection 1, a member of the retirement system State 
Employee and Teacher Retirement Program whose previous membership was based upon 
employment as a public safety communications dispatcher with a participating local 
district and whose employment with the participating local district was terminated as a 
result of the consolidation of the participating local district's public safety dispatching 
services with the Department of Public Safety and who then becomes employed as a 
public safety communications dispatcher for the department may elect to include that 
previously earned creditable service with service earned as a state employee if that 
member: 
A. 
Makes a one-time, irrevocable election no later than 30 days after commencing 
employment as a public safety communications dispatcher for the Department of 
Public Safety; and 
B. Has not previously withdrawn all of the member's accumulated contributions. 
If a member makes the election provided in this subsection, the State shall make whatever 
contribution is necessary to provide the benefits under the retirement system State 
Employee and Teacher Retirement Program for the member as though the previous 
employment had been as a state employee, and all funds in the retirement system 
Participating Local District 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 State and must be used to liquidate the liability incurred by reason of the 
previous employment. 
Upon notification by the Department of Public Safety to the retirement system that an 
employee has made an election under this subsection, the retirement system shall 
calculate and provide to the Department of Public Safety the amount of the employer 
contribution required under this subsection. 
A member who makes the election provided in this subsection and for whom applicable 
additional employer contributions have been paid is entitled to include the creditable 
service and earnable compensation with the previous employer with the creditable service 
and earnable compensation with the State for the purposes of benefit qualification under 
section 17851 and computation of benefits under section 17852. 
Sec. 98. 5 MRS A §17657, sub-§l, as amended by PL 1987, c. 739, §§12 and 48, 
is further amended to read: 
1. Membership in the State Employee and Teacher Retirement Program. The 
following persons are considered members of the retiremeAt system State Employee and 
Teacher Retirement Program if they make payments to the Members' Contribution Fund 
in the same amounts and during the same periods as other state employees have made to 
that fund, either through direct contributions or pick-up contributions: 
A. 
Any person who was an employee on December 31, 1941, and who was 
transferred to the federal employment service; and 
B. 
Any person employed by the federal employment service after December 31, 
1941, who subsequently became a state employee at or after the date on which the 
federal employment service was returned to the State as an operating unit. 
Sec. 99. 5 MRSA §17658, sub-§l, as amended by PL 1987, c. 739, §§ 13 and 48, 
is further amended to read: 
1. Membership in the State Employee and Teacher Retirement Program. Any 
person who was an employee on December 31, 1941, and who later transferred to the 
Maine National Guard and was employed under the National Defense Act of June 3, 
1916, section 90, is considered a member of the retiremeAt system State Employee and 
Teacher Retirement Program if that person makes payments to the Members' 
Contribution Fund in the same amounts and during the same periods as other state 
employees have made to that fund, either through direct contributions or pick-up 
contributions. 
Sec. 100. 5 MRSA §1770l, first~, as amended by PL 1987, c. 739, §§14 and 48, 
is further amended to read: 
Each member shall contribute to the retirement system State Employee and Teacher 
Retirement Program or have pick-up contributions made at a rate of 6.5% of earnable 
compensation, except as otherwise provided in this Part. 
Sec. 101. 5 MRSA §1770l, sub-§2, as enacted by PL 1987, c. 739, §§ 14 and 48, 
is amended to read: 
I 
2. 
No employee option. 
The employee may not choose to receive pick-up 
contribution amounts directly instead of having them paid by the employer to the system 
State Employee and Teacher Retirement Program. 
Sec. 102. 5 MRSA §17701, sub-§2-A, as enacted by PL 1987, c. 739, §§14 and 
and amended by PL 2007, c. 58, §3, is further amended to read: 
2-A. 
Optional members. If a person, whose membership in the Maine Public 
Employees Retirement System State Employee and Teacher Retirement Program is 
optional under section 17652, elects a 5% salary increase in lieu of state payment of the 
retirement contribution, pursuant to Public Law 1981, chapter 453, and chooses to 
participate in the Maine Public Employees Retirement System State Employee and 
II 
Teacher Retirement Program, the State shall pick up the retirement contribution with a 
reduction of the member's salary consistent with section 17001, subsection 28-A. 
Sec. 103. 5 MRSA § 17701-A, as enacted by PL 1991, c. 780, Pt. HHH, § I and 
affected by § II, is amended to read: 
§17701-A. Member contributions; members hired after July 1, 1992 
Notwithstanding section 17701, a member hired after July 1,1992 shall contribute to 
the retirement system State Employee and Teacher Retirement Program or have pick-up 
contributions made at a rate of 7.5% of earnable compensation, except as otherwise 
provided in this Part. 
Sec. 104. 5 MRSA §17701-B, as enacted by PL 1993, c. 410, Pt. L, §28, IS 
amended to read: 
§17701-B. Member contributions on and after July 1, 1993 
Notwithstanding sections 17701 and 1770 I-A, on and after July I, 1993 all members 
shall contribute to the retirement system State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 7.65% of earnable compensation 
except as otherwise provided in this Part. 
Sec. 105. 5 MRSA § 17702, first ~, as amended by PL 1991, c. 780, Pt. HHH, §2 
and affected by § 11 and amended by PL 2007, c. 58, §3, is further amended to read: 
Notwithstanding any other provision in this Part, except as provided in subsection 5, 
the State may agree to provide for members, pursuant to law, through a collective 
bargaining contract, or as the Legislative Council may agree to provide for approved 
legislative employees, payment for a member's mandatory contribution to the Maine 
Public Employees Retirement System State Employee and Teacher Retirement Program, 
as established by section 17701, instead of deducting the contribution from the member's 
compensation or having the contribution picked up by the employer. 
Sec. 106. 5 MRSA §17702, sub-§4, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
4. Percentage rate. When the State pays for a member's mandatory contribution, as 
authorized by this section, the percentage rate paid by the State sflal.l must be that rate, 
determined by the actuary and approved by the board, whleh that provides the same net 
revenues to the retirement s~'stem State Employee and Teacher Retirement Program as 
the applicable mandatory rate paid by the member. 
Sec. 107. 5 MRSA §17702, sub-§6, as enacted by PL 1993, c. 410, Pt. L, §29, is 
amended to read: 
6. Member contributions on and after July 1, 1993. On and after July I, 1993 all 
members whose contributions are paid by the State in lieu of the member contribution 
shall contribute to the retirement system State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 1.15% of earnable compensation 
in addition to the amount paid by the State. 
Sec. 108. 5 MRSA §17703, sub-§2, as amended by PL 1989, c. 710, §3, IS 
further amended to read: 
2. 
Manner of repayment. 
The repayment must be made to the applicable 
retirement system program by a single direct payment or by annual direct payments. 
Annual repayments must be made as provided in section 17701, subsection 4. 
Sec. 109. 5 MRSA §17704, sub-§2, as amended by PL 1989, c. 710, §4, IS 
further amended to read: 
2. Manner of payment. The payment must be made to the retirement system State 
Employee and Teacher Retirement Program by a single direct payment or by annual 
direct payments. 
Annual payments must be made as provided in section 17701, 
subsection 4. 
Sec. 110. 5 MRSA §17704-A, first ~, as amended by PL 2007, c. 305, §4, is 
further amended to read: 
An elected official, an official appointed for a fixed term or a substitute teacher who 
began membership after December 31, 1985 may purchase service credit for the period 
during which that person elected not to be a member of the retirement system State 
Employee and Teacher Retirement Program if the following requirements are met. 
Sec. 111. 5 MRSA §17704-A, sub-§3, as enacted by PL 1995, c. 180, §3, is 
further amended to read: 
3. Method of payment. The payment must be made to the retirement system State 
Employee and Teacher Retirement Program by a single direct payment or by annual 
direct payments. 
Annual payments must be made as provided in section 17701, 
subsection 4. 
Sec. 112. 5 MRSA §17705-A, sub-§l, as enacted by PL 2007, c. 137, §11, is 
amended to read: 
I 
1. Conditions for refund. If the service of any member has terminated, except by 
death or by retirement under this Part, or if an optional member withdraws from tfle ~ 
retirement system program of the Maine Public Employees Retirement System, the 
member must be paid the amount of the member's accumulated contributions under the 
following conditions: 
A. 
The member must have properly applied for a refund of accumulated 
contributions; 
B. Payment must be made after termination of service and not less than 22 days nor 
more than 60 days after receipt of the application and receipt of the last payroll upon 
which the name of the member appears; 
II 
C. An application for refund is void if the member filing the application returns to 
membership in any retirement t*m program administered by the retirement system 
before issuance of the payment; 
D. 
Except when inclusion of a portion of employer contributions is required by 
paragraph E, only accumulated contributions made by the member or picked up by 
the employer may be refunded to that member under this subsection; and 
E. The amount of the refund of accumulated contributions related to a member's 
compensation for service rendered as a part-time, seasonal or temporary employee 
after December 31, 1991 must be at least equal to 7.5% of the member's 
compensation for that service plus interest as provided by section 17156. 
Sec. 113. 5 MRSA §17706-A, sub-§l, as enacted by PL 2007, c. 137, §13, is 
amended to read: 
1. Conditions for refund. The retirement system may make an automatic refund of 
contributions to a member who has not properly applied for a refund as provided in 
section I 7705-A and who has terminated service, except by death or by retirement under 
this Part, or who as an optional member has withdrawn from tfle ~ retirement system 
program of the Maine Public Employees Retirement System, and who has not met the 
minimum creditable service requirement for eligibility to receive a service retirement 
benefit at the applicable age under the following conditions: 
A. The member account in the retirement system has been inactive for 3 or more 
years; 
B. Except when inclusion of a portion of employer contributions is required by this 
subsection, only accumulated contributions made by the member or picked up by the 
employer may be refunded to that member under this subsection; 
C. The amount of the refund of accumulated contributions related to a member's 
compensation for service rendered as a part-time, seasonal or temporary employee 
after December 31, 1991 must be at least equal to 7.5% of the member's 
compensation for that service plus interest as provided by section 17156; and 
D. A member who receives an automatic refund under this subsection may, within 
days of the issuance of the refund, return the full refunded amount to the 
I 
retirement system. Upon receipt, the retirement system shall restore the accumulated 
contributions to the member's credit. 
Sec. 114. 
MRS A § 17707, as amended by PL 1999, c. 24 I, § I, is further 
amended to read: 
§17707. CETA service 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"CET A employee" means an employee enrolled in a program under the United 
States Comprehensive Employment and Training Act of I 973, as amended. 
lOB. 
"Employer" means the State or the participating local district with which the 
I I 
CET A employee is placed for training and employment. 
C. 
"Prime sponsor" means the CET A prime sponsor, a unit of government 
I3 
responsible for planning and operating all CET A programs within the geographic 
jurisdiction encompassed by that unit of government. 
2. 
Eligibility for membership. CETA employees are considered eligible for 
membership in the retirement system State Employee and Teacher Retirement Program 
from the date of their enrollment in a CET A program, whether or not they become 
members. 
3. Employer's contributions. Employer's contributions are governed as follows. 
A. 
Notwithstanding this subchapter, subchapter I12 and chapter 42 I, subchapter I¥ 
1, neither the State nor a participating local district is required to contribute to tfte ~ 
retirement system program of the Maine Public Employees Retirement System for 
CET A employees. 
B. 
If an employee elects, under section 1776 I, to purchase ffi5 the employee's 
CET A time for past creditable service, the employee's CET A prime sponsor shall 
then pay to the applicable retirement system program an amount equal to the 
employer's contribution, plus regular interest, for the employee's CET A time, using 
only CET A funds. 
4. Employee's contributions. Employee's contributions are governed as follows. 
A. 
Notwithstanding section 1770 I, a CET A employee is not required to contribute 
I 
to tHe ~ retirement system program of the Maine Public Employees Retirement 
System. 
B. 
A CET A employee may contribute during hls the employee's period of CET A 
employment or may defer contributions until hls the employee's post-CET A 
employment status is known. 
C. 
If an employee who has not contributed during hls the employee's CET A 
employment or who has withdrawn hls the employee's contributions later elects, 
under section 1776 I, to purchase ffi5 the employee's CETA time for past creditable 
service, the employee shall pay to the applicable retirement system program of the 
I 
Maine Public Employees Retirement System an amount equal to the employee's 
contributions, plus interest, as provided under section 17704. 
D. 
If an employee or member who has not contributed during that employee's or 
member's CET A employment or who has withdrawn that employee's or member's 
contributions later elects, under section 17761, subsection 3, to purchase that 
employee's or member's CET A time for past creditable service before any retirement 
benefit becomes effective for that member, that employee or member must pay into 
the Members' Contribution Fund, by a single direct payment or annual direct 
payments to the applicable retirement system program of the Maine Public 
Employees Retirement System, an amount that, together with regular interest on that 
II 
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. 
Annual payments must be made in accordance with section 1770 I, subsection 4. 
Additional amounts paid under this paragraph become a part of the employee's or 
member's accumulated contributions. If any retirement benefit becomes effective 
before the completion of the payment under this paragraph, the employee or member 
is entitled to service credit for a portion of the additional creditable service in the 
same proportion 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. 
5. 
Return of contributions. Any CET A employee who contributed to tfle f! 
retirement system program of the Maine Public Employees Retirement System during hls 
the member's CET A employment and who does not meet the requirements of section 
17761, sfl.atl must be refunded hls the member's employee contributions, plus regular 
interest, upon request to the retirement system. 
Sec. 115. 5 MRSA §17707-A, as enacted by PL 1997, c. 769, § 1, is amended to 
read: 
§17707-A. Members in 1998 Special Plan; contributions after June 30,1998 
After June 30, 1998, members to whom one or more of sections 17708 to 17712-8 
apply and to whom section 17851-A, subsection I also applies must contribute to the 
retirement system State Employee and Teacher Retirement Program or have pick-up 
contributions made as provided in section 17851-A, subsection 5. 
Sec. 116. 5 MRSA §17708, suh-§2, as amended by PL 1997, c. 740, § 1 and 
affected by §6, is further amended to read: 
2. Before September 16, 1984. A state police officer who was first employed by 
that department after July 9, 1943, but before September 16, 1984, shall contribute to the 
retirement system State Employee and Teacher Retirement Program or have pick-up 
contributions made by the employer as follows: 
A. 
At a rate of 7.5% of earnable compensation until the state police officer has 
completed 20 years of creditable service, as required under section 17851, subsection 
4, paragraph A; and 
B. 
After completing the service described in paragraph A, at a rate of 6.5% of 
earnable compensation for the remainder of employment as a state police officer. 
Sec. 117. 5 MRSA §17708, sub-§3, as amended by PL 1997, c. 740, §2 and 
affected by §6, is further amended to read: 
3. After September 15, 1984. A state police officer who was first employed by that 
department after September 15, 1984 shall contribute to the retiremeflt system State 
Employee and Teacher Retirement Program as follows: 
A. 
At a rate of 7.5% of earnable compensation until the state police officer has 
completed 25 years of creditable service, as required under section 17851, subsection 
4, paragraph B; and 
B. 
After completing the service described in paragraph A, at a rate of 6.5% of 
earnable compensation for the remainder of employment as a state police officer. 
Sec. 118. 5 MRSA §17708-A, as enacted by PL 1991, c. 780, Pt. HHH, §4 and 
affected by § 11, is amended to read: 
§17708-A. State Police; members hired after July 1, 1992 
Notwithstanding section 17708, a state police officer hired after July I, 1992 shall 
contribute to the retiremeflt system State Employee and Teacher Retirement Program at a 
rate of 1 % of earnable compensation in addition to the contribution required under 
section 17708. 
Sec. 119. 5 MRSA §17708-B, as enacted by PL 1993, c. 410, Pt. L, §30, IS 
amended to read: 
§17708-B. State Police; contributions on and after July 1, 1993 
Notwithstanding sections 17708 and I 7708-A, on and after July I, 1993 a state police 
officer shall contribute to the retiremeflt system State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 1.15% of earnable compensation 
in addition to the contributions required under section 17708. 
Sec. 120. 5 MRSA §17709, as amended by PL 2001, c. 559, Pt. RR, §1 and 
affected by § 17, is further amended to read: 
§ 17709. Inland Fisheries and Wildlife officers 
1. Before September 1, 1984. A law enforcement officer in the Department of 
Inland Fisheries and Wildlife who was first employed in that capacity before September 
1, 1984 shall contribute to the retiremeflt s~'stem State Employee and Teacher Retirement 
Program or have pick-up contributions made by the employer as follows: 
A. 
At a rate of 7.5% of earnable compensation until the officer has completed 20 
years of creditable service, as required under section 17851, subsection 5, paragraph 
A; and 
B. 
After completing the service described in paragraph A, at a rate of 6.5% of 
earnable compensation for the remainder of the officer's employment in that capacity. 
2. After August 31, 1984; option. A law enforcement officer in the Department of 
Inland Fisheries and Wildlife who was first employed in that capacity after August 31, 
1984 and who elects the retirement option provided in section 17851, subsection 5-A 
shall contribute to the retirement system State Employee and Teacher Retirement 
Program or have pick-up contributions made by the employer as provided in section 
17852, subsection 5-A. 
3. After August 31,1984. Beginning September 1,2002, a law enforcement officer 
lOin the Department of Inland Fisheries and Wildlife who was first employed in that 
II 
capacity after August 31, 1984 shall contribute to the retirement system State Employee 
and Teacher Retirement Program or have pick-up contributions made by the employer at 
a rate of 7.5% of earnable compensation until the law enforcement officer has completed 
years of creditable service and at a rate of 6.5% thereafter. 
Sec. 121. 5 MRSA §17709-A, as enacted by PL 1991, c. 780, Pt. HHH, §5 and 
affected by § II, is amended to read: 
§17709-A. Inland fisheries and wildlife officers; members hired after July 1, 1992 
Notwithstanding section 17709, a law enforcement officer in the Department of 
Inland Fisheries and Wildlife hired after July 1, 1992 shall contribute to the retirement 
system State Employee and Teacher Retirement Program at a rate of 1 % of earnable 
compensation in addition to the contribution required under section 17709. 
Sec. 122. 5 MRSA §17709-B, as enacted by PL 1993, c. 410, Pt. L, §30, is 
amended to read: 
§17709-B. Inland fisheries and wildlife officers; contributions on and after July 1, 
1993 
Notwithstanding sections 17709 and 17709-A, on and after July I, 1993 a law 
enforcement officer in the Department of Inland Fisheries and Wildlife who is subject to 
section 17709 shall contribute to the retirement system State Employee and Teacher 
Retirement Program or have pick-up contributions made at a rate of 1.15% of earnable 
compensation in addition to the contributions required under section 17709. 
Sec. 123. 5 MRSA §17710, as amended by PL 2001, c. 559, Pt. RR, §2 and 
affected by § 17, is further amended to read: 
§17710. Marine Resources officers 
1. Before September 1, 1984. A law enforcement officer in the Department of 
Marine Resources who was first employed in that capacity before September 1, 1984 
shall contribute to the retirement system State Employee and Teacher Retirement 
Program or have pick-up contributions made by the employer as follows: 
A. 
At a rate of 7.5% of earnable compensation until the officer has completed 20 
years of creditable service, as required under section 17851, subsection 6; and 
B. 
After completing the service described in paragraph A, at a rate of 6.5% of 
earnable compensation for the remainder of the officer's employment in that capacity. 
I-A. After August 31, 1984; option. A law enforcement officer in the Department 
of Marine Resources who was first employed in that capacity after August 31, 1984 and 
who elects the retirement option provided in section 17851, subsection 6-A shall 
contribute to the retirement system State Employee and Teacher Retirement Program or 
have pick-up contributions made by the employer as provided in section 17852, 
subsection 6-A. 
I-B. After August 31, 1984. Beginning September 1, 2002, a law enforcement 
officer in the Department of Marine Resources who was first employed in that capacity 
after August 31, 1984 shall contribute to the retirement system State Employee and 
Teacher Retirement Program or have pick-up contributions made by the employer at a 
rate of 7.5% of earnable compensation until the law enforcement officer has completed 
years of creditable service and at a rate of 6.5% thereafter. 
2. 
Commissioner or deputy commissioner. 
A commissioner or deputy 
commissioner of the Department of Marine Resources may elect to contribute as a 
member or have pick-up contributions made by the employer under section 1770 I, rather 
than under this section, by filing a written copy of the election of choice with the board. 
Sec. 124. 5 MRSA §17710-A, as enacted by PL 1991, c. 780, Pt. HHH, §6 and 
affected by § 11, is amended to read: 
§17710-A. Marine resources officers; members hired after July 1, 1992 
Notwithstanding section 17710, a law enforcement officer in the Department of 
Marine Resources hired after July I, 1992 shall contribute to the retirement system State 
Employee and Teacher Retirement Program at a rate of 1 % of earnable compensation in 
addition to the contribution required under section 17710. 
Sec. 125. 5 MRSA §17710-B, as enacted by PL 1993, c. 410, Pt. L, §30, IS 
amended to read: 
§17710-B. Marine resources officers; contributions on and after July 1, 1993 
Notwithstanding sections 17710 and 17710-A, on and after July I, 1993 a law 
enforcement officer in the Department of Marine Resources who is subject to section 
17710 shall contribute to the retirement system State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 1.15% of earnable compensation 
in addition to the contributions required under section 17710. 
Sec. 126. 5 MRSA §17711, as repealed and replaced by PL 1995, c. 624, § 1, is 
amended to read: 
§17711. Forest rangers 
1. Before September 1, 1984. A forest ranger in the Department of Conservation, 
Bureau of Forestry who was first employed in that capacity before September 1, 1984, 
shall contribute to the retiremeAt system State Employee and Teacher Retirement 
Program or have pick-up contributions made by the employer as follows: 
A. 
At a rate of 7.5% of earnable compensation until the forest ranger has met the 
requirements for eligibility for retirement under section 17851, subsection 8; and 
B. 
After meeting the eligibility requirements for retirement, at a rate of 6.5% of 
earnable compensation for the remainder of the forest ranger's employment as a forest 
ranger. 
2. 
After August 31, 1984; option. 
A forest ranger in the Department of 
Conservation, Bureau of Forestry who was first employed in that capacity after August 
l3 
31, 1984 and who elects the retirement option provided in section 17851, subsection 8-A 
shall contribute to the retiremeAt system State Employee and Teacher Retirement 
Program or have pick-up contributions made by the employer as provided in section 
17852, subsection 7-A. 
Sec. 127. 5 MRSA §17711-A, as enacted by PL 1991, c. 780, Pt. HHH, §7 and 
affected by § 11, is amended to read: 
§17711-A. Forest rangers; members hired after July 1, 1992 
Notwithstanding section 17711, a forest ranger in the Department of Conservation, 
Bureau of Forestry hired after July 1, 1992 shall contribute to the retiremeAt system State 
Employee and Teacher Retirement Program at a rate of 1 % of earnable compensation in 
addition to the contribution required under section 17711. 
Sec. 128. 5 MRSA §17711-B, as enacted by PL 1993, c. 410, Pt. L, §30, is 
amended to read: 
§17711-B. Forest rangers; contributions on and after July 1, 1993 
Notwithstanding sections 17711 and 17711-A, on and after July I, 1993 a forest 
ranger in the Department of Conservation, Bureau of Forestry who is subject to section 
17711 shall contribute to the retiremeAt system State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 1.15% of earnable compensation 
in addition to the contributions required under section 17711. 
Sec. 129. 5 MRS A §17712, as amended by PL 1987, c. 739, §§24 and 48, is 
further amended to read: 
§17712. Maine State Prison employees 
1. Before September 1, 1984. An employee of the Maine State Prison who holds a 
position described in section 17851, subsection 11, and who was first employed in one of 
those capacities before September 1, 1984, shall contribute to the retiremeAt system State 
Employee and Teacher Retirement Program or have pick-up contributions made by the 
employer as follows: 
A. 
At a rate of 7.5% of earnable compensation until the employee has met the 
eligibility requirements for retirement under section 17851, subsection 11, paragraph 
A; and 
B. 
After meeting the eligibility requirements for retirement, at a rate of 6.5% of 
earnable compensation for the remainder of employment in one or more of those 
capacities. 
2. After August 31, 1984. An employee of the Maine State Prison who was first 
employed after August 31, 1984, in a position described in section 17851, subsection 11, 
shall contribute to the retiremeflt system State Employee and Teacher Retirement 
Program or have pick-up contributions made by the employer as follows: 
A. 
At a rate of7.5% of earnable compensation until the employee has completed 25 
years of creditable service in one or more of those capacities; and 
B. 
After completing the service described in paragraph A, at a rate of 6.5% of 
earnable compensation for the remainder of employment in one or more of those 
capacities. 
Sec. 130. 5 MRS A §17712-A, as enacted by PL 1991, c. 780, Pt. HHH, §8 and 
affected by § 11, is amended to read: 
§l7712-A. Maine State Prison employees; members hired after July 1, 1992 
Notwithstanding section 17712, an employee of the Maine State Prison who holds a 
position described in section 17851, subsection 11 and who is hired after July 1, 1992 
shall contribute to the retiremeflt system State Employee and Teacher Retirement 
Program at a rate of 1 % of earnable compensation in addition to the contribution required 
under section 17712. 
Sec. 131. 5 MRSA §17712-B, as enacted by PL 1993, c. 410, Pt. L, §30, IS 
amended to read: 
§l7712-B. Maine State Prison employees; contributions on and after July 1, 1993 
Notwithstanding sections 17712 and 17712-A, on and after July 1, 1993 an employee 
of the Maine State Prison who holds a position described in section 17851, subsection 11 
shall contribute to the retiremeflt system State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 1.15% of earnable compensation 
in addition to the contributions required under section 17712. 
Sec. 132. 5 MRSA §17713, as amended by PL 2003, c. 693, §2, is further 
amended to read: 
§17713. Armed forces 
1. Service after becoming a member. For employees who qualify to have their 
membership in the retirement system State Employee and Teacher Retirement Program 
continued under section 17655, subsection 1, because of service in the Armed Forces of 
the United States, the State shall contribute to the Members' Contribution Fund the same 
amount that the member would have been required to contribute, if the member had been 
serving the State during the period of service in the armed forces in the same capacity in 
which the employee was serving at the time fie the employee joined the armed forces. 
Any member whose contributions to the Members' Contribution Fund are paid by the 
State under this subsection, who withdraws or ceases to be a member of the retirement 
system State Employee and Teacher Retirement Program, may not withdraw any of the 
contributions made by the State under this subsection. 
2. Service before becoming a member. A member who qualifies under section 
17760 to purchase service credit at the cost set forth in section 17760, subsection 4 shall 
contribute to the retirement system State Employee and Teacher Retirement Program for 
the period of service in the armed forces as follows. 
A. 
Contributions must be calculated at the percentage rate required of active 
members during the period of time covered by the service in the armed forces applied 
to the member's earnable compensation during the first year as an employee after 
service in the armed forces, under the following terms and conditions: 
(1) If 2 or more percentage rates were in effect during the period of service in the 
armed forces, the highest percentage rate must be used; 
(2) The minimum rate is 5%; and 
(3) Interest at a rate set by the board not to exceed regular interest by 2 or more 
percentage points must be paid on the unpaid balance beginning January 1, 1976, 
or the date of attaining 15 years of creditable service, if later, to the date payment 
is made. 
C. 
The payment must be made to the retirement system State Employee and 
Teacher Retirement Program by a single direct payment or by annual direct payments 
made in accordance with section 17701, subsection 4. 
Sec. 133. 5 MRS A §17714, as enacted by PL 1995, c. 466, Pt. C, § 1, is amended 
to read: 
§17714. Baxter State Park Authority rangers 
A law enforcement officer in the employment of the Baxter State Park Authority who 
elects the retirement option provided in section 17851, subsection 12 shall contribute to 
the retirement s~'stem State Employee and Teacher Retirement Program or have pick-up 
contributions made by the employer as provided in section 17852, subsection 11. 
Sec. 134. 5 MRS A §17715, as enacted by PL 1997, c. 401, §1, is amended to 
read: 
§17715. State fire marshals 
A state fire marshal, state fire marshal investigator or a state fire marshal inspector 
who elects the retirement option provided in section 17851, subsection 13 shall contribute 
to the retirement system State Employee and Teacher Retirement Program or have pick-
up contributions made by the employer as provided in section 17852, subsection 13. 
Sec. 135. 5 MRSA §17716, as enacted by PL 1997, c. 401, §1, is amended to 
read: 
§ 17716. Motor vehicle investigators 
A motor vehicle investigator, senior motor vehicle investigator, principal motor 
vehicle investigator or chief motor vehicle investigator who elects the retirement option 
provided in section 17851, subsection 14 shall contribute to the retirement system State 
Employee and Teacher Retirement Program or have pick-up contributions made by the 
employer as provided in section 17852, subsection 15. 
Sec. 136. 5 MRSA §17754, as amended by PL 1993, c. 349, §§17 and 18, IS 
further amended to read: 
§ 17754. Out-of-state service 
1. 
Generally. For members who began membership before January I, 1976, 
additional service credit sflalt must be allowed for out-of-state service, subject to the 
following conditions. 
A. 
The member must have creditable service in Maine of at least 20 years in the 
aggregate. 
B. 
The member, before any retirement benefit becomes effective for that member, 
must make contributions into the Members' Contribution Fund for the years of out-of-
state service on the same basis as the member would have made contributions had the 
service been in Maine, including interest at a rate to be set by the board not to exceed 
regular interest by 5 or more percentage points. Interest shall be ~ computed 
beginning the end of the year when those contributions would have been made, if the 
service had been in the State, to the date of payment. The payment must be made to 
the retirement system State Employee and Teacher Retirement Program by a single 
direct payment or by annual direct payments made in accordance with section 1770 I, 
subsection 4. 
C. 
If the member was formerly subject to the Revised Statutes of 1944, chapter 37, 
sections 221 to 241, fl.is the member's last 7 years of creditable service before the date 
of retirement must be in Maine. 
D. 
If the member is a teacher employed for the first time after July 1, 1947, fl.is the 
member's last 10 years of creditable service before the date of retirement must be in 
Maine and no more than 10 years of service credit for out-of-state service may be 
allowed. 
E. 
If a member is not a teacher, ffis the member's last 10 years of creditable service 
before the date of retirement must be in Maine and no more than 10 years of service 
credit may be allowed for out-of-state service. 
G. 
Upon complete payment of the back contributions under paragraph B or section 
17764, the member must be granted service credit for the period of time for which the 
contributions have been made. 
Upon making partial payment of the back 
contributions under paragraph B or section 17764, the member must be granted 
service credit on a pro rata basis in accordance with rules adopted by the board. 
2. 
Alternative. 
If service credit for out-of-state service is not allowed under 
subsection 1, additional service credit for out-of-state service sItaJ..I. must be allowed for 
any member in the determination of the retirement benefit under this Part, if the member, 
before any retirement benefit becomes effective for that member, pays into the Members' 
Contribution Fund, by a single direct payment or annual direct payments to the retiremeAt 
system 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. Annual payments must be made in accordance with section 17701, 
subsection 4. 
A. 
Additional amounts paid under this subsection sItaJ..I. become a part of the 
members' accumulated contributions. 
B. 
If any retirement benefit becomes effective before the completion of the 
payment under this subsection, 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. 
3. Service credit not to be used in another state. Notwithstanding anything to the 
contrary, any application for a retirement benefit that becomes effective after May 11, 
1966, and for which out-of-state service credit is to be granted must be accompanied by a 
certified statement from the appropriate retirement system that the out-of-state service 
credit granted has not been or will not be used to obtain benefits in another state. 
Sec. 137. 5 MRS A §17760, sub-§3, ~A, as enacted by PL 2003, c. 693, §3, is 
amended to read: 
A. 
A member may purchase service credit at the cost set forth in subsection 4 if the 
member has at least 15 years of creditable service at the time of retirement, the 
member makes payment as required under subsection 4 and the member: 
(1) Began membership prior to January 1, 1976; 
(2) Served in the United States Armed Forces during any federally recognized 
period of conflict; or 
(3) Was awarded an Armed Forces Expeditionary Medal, a Combat Action 
Ribbon, a Combat Infantry Badge or any other campaign or expeditionary medal 
and the receipt of such a medal would allow the member to be considered 
"preference eligible" under 5 United States Code, Section 2108(3 )(A) or 
2108(3)(B). A member described in this subparagraph is entitled to purchase 
service credit at the cost set forth in subsection 4 only if a cost subsidy for that 
member's service credit has been paid to the retiremeAt system State Employee 
and Teacher Retirement Program as provided in subsection 6. 
Sec. 138. 5 MRSA §17763, sub-§l, ~C, as amended by PL 1991, c. 558, §1, is 
further amended to read: 
C. 
The member must, before any retirement benefit becomes effective for that 
member, make contributions into the Members' Contribution Fund, for the years of 
private or parochial school teaching on the same basis as the member would have 
made contributions had the service been as a state employee or teacher in this State, 
including interest at a rate to be set by the board not to exceed regular interest by 5 or 
more percentage points. The member's earnings for the years of private or parochial 
school teaching must be assumed to have been the same as the average salary for 
teachers in this State as determined by the Department of Education for each of the 
years when the private or parochial school teaching took place. Interest must be 
computed beginning at the end of the year when those contributions would have been 
made, if the service had been as a state employee or teacher in this State, to the date 
of payment. Payment must be made by a single direct payment or annual direct 
payments to the retiremeAt system State Employee and Teacher Retirement Program 
in accordance with section 17701, subsection 4. 
Sec. 139. 5 MRSA §17763, sub-§4, as enacted by PL 1993, c. 387, Pt. A, § 1 0, is 
amended to read: 
4. Alternative. In the determination of the retirement benefit under this Part, if 
service credit for private or parochial school teaching is not allowed under subsection 1 
based upon the member member's not meeting the requirements of subsection 1, 
paragraph B or D, additional service credit for private or parochial school teaching is 
allowed for any member who meets the requirements of subsection 1, paragraphs A and 
E, if the member, before any retirement benefit becomes effective for that member, pays 
into the Members' Contribution Fund, by a single direct payment or annual direct 
payments to the retirem~At system St(!te 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. 
Annual payments must be made in accordance with section 17701, subsection 4. 
A. 
Additional amounts paid under this subsection become a part of the members' 
accumulated contributions. 
B. 
If any retirement benefit becomes effective before the completion of the 
payment under this subsection, 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. 
Sec. 140. 5 MRSA §17763-A, as enacted by PL 2007, c. 303, §1, is amended to 
read: 
§17763-A. Purchase of service credit by an educator of a child with a disability; 
service before July 1, 1976 
If a member can provide the board with satisfactory evidence that the member 
performed before July 1, 1976 any work as an educator or teacher of a child with a 
disability, as defined in Title 20-A, section 7001, subsection I-B, including as a teacher 
who may not meet the definition in section 17001, subsection 42, in a private or parochial 
school or other school, center, facility or program that was not part of a public school 
system, the member may purchase up to one year of service credit for any such work 
performed before July 1, 1976. Service credit for this work must be calculated on the 
basis of school years. In order to purchase this service credit and before any retirement 
benefit becomes effective, the member must pay into the Members' Contribution Fund by 
a single direct payment or annual direct payments to the retirement system 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. Annual 
payments must be made in accordance with section 17701, subsection 4. 
Additional 
amounts paid under this subsection become a part of the member's accumulated 
contributions. If any retirement benefit 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. 
Sec. 141. 5 MRSA §17764, sub-§2, as enacted by PL 1989, c. 709, §3 and 
amended by PL 2007, c. 58, §3, is further amended to read: 
2. Creditable service required. Members whose service in these organizations 
preceded their becoming members in the Maine Publie Employees Retirement System 
State Employee and Teacher Retirement Program must, on the date of retirement, have at 
least 15 years of creditable service. 
Sec. 142. 5 MRSA §17764, sub-§4, as enacted by PL 1989, c. 709, §3, IS 
amended to read: 
4. 
Payment to fund. 
Members must, before any retirement benefit becomes 
effective, pay into the Members' Contribution Fund by a single direct payment or annual 
direct payments to the retirement system 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. 
Sec. 143. 5 MRS A §17765, sub-§I, as enacted by PL 1997, c. 161, §1, IS 
amended to read: 
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 retirement system 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. 
Sec. 144. 5 MRSA §17765, sub-§4, as enacted by PL 1997, c. 161, §1, IS 
amended to read: 
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 a participating local district plan 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 a participating local district plan 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 a participating local district plan 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 a participating local district plan the 
Participating Local District Retirement Program; and 
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 a participating local district plan 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 teacher 
retirement plan 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. 
Sec. 145. 5 MRSA §17766, sub-§I, as reallocated by RR 1997, c. 1, §4, IS 
amended to read: 
1. Payment. The member must, before any retirement benefit becomes effective, 
pay into the Members' Contribution Fund by a single payment or annual direct payments 
to the retirement system 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 service credit purchased under this section. Payments must be made as 
provided in section 17701, subsection 4. 
If any retirement benefit becomes effective before the completion of the payment under 
this subsection, the member is entitled to 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. 
Sec. 146. 5 MRSA §17802, as enacted by PL 1985, c. 801, §§5 and 7, is amended 
to read: 
§17802. Eligibility for benefits 
Only members of the retirement system State Employee and Teacher Retirement 
Program, their spouses, surviving spouses, children, dependent children, parents or 
beneficiaries are eligible to receive benefits from the retirement system State Employee 
and Teacher Retirement Program. 
Sec. 147. 5 MRSA §17851, sub-§I-B, as amended by PL 1999, c. 756, § 10, is 
further amended to read: 
I-B. Member in service at retirement; 10 years of creditable service on July 1, 
1993. A member who on July 1, 1993, had 10 years of creditable service and who is in 
service at retirement, or a member who on July 1, 1993 had reached 60 years of age and 
had been in service for a minimum of one year immediately before July I, 1993 and has 
been in service for a minimum of one year immediately before retirement, qualifies for a 
service retirement benefit if the member retires upon or after reaching 60 years of age. 
For the purpose of determining completion of the 10-year requirement, the 10 years of 
creditable service may include creditable service as a member of the Maffie Legislative 
Retirement System Program under Title 3, section 701, subsection 8. 
A. 
Effective October 1, 1999, the creditable service and age requirements of this 
subsection may not be increased for a member who on or before October 1, 1999 met 
either of the requirements for eligibility for service retirement benefits under this 
subsection, whether or not the member is in service on October 1, 1999. 
B. 
For the purpose of calculating creditable service under this subsection only, 
creditable service includes time during which a member participated in the voluntary 
cost savings plan or the voluntary employee incentive program, authorized by Public 
Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB 
and chapter 780, Part VV, or 10 years of combined creditable service under this Part 
and Title 3, chapter 29, or creditable service available to a member that the member 
was eligible to purchase on June 30, 1993 and that the member does purchase in 
accordance with rules adopted by the board. 
Sec. 148. 5 MRSA §17851, sub-§l-C, ~A, as amended by PL 1999, c. 756, §11, 
is further amended to read: 
A. 
Has been in service for a minimum of one year immediately before retirement or 
has at least 10 years of creditable service, which, for the purpose of determining 
completion of the 10-year requirement, may include creditable service as a member 
of the Ma.ffi.e Legislative Retirement System Program under Title 3, section 70 I, 
subsection 8; or 
Sec. 149. 5 MRSA §17851, sub-§l-C,~, as amended by PL 1999, c. 756, §II, 
is further amended to read: 
lOB. Effective October I, 1999, is in service on October I, 1999 and had fewer than 
II 
years of creditable service on July I, 1993, including any person who was not in 
service on July 1, 1993,and: 
(I) Is in service upon or after reaching 62 years of age; 
(2) 
Has been in service for a minimum of one year immediately before 
retirement or has at least 5 years of creditable service, which, for the purpose of 
determining completion of the 5-year requirement, may include creditable service 
as a member of the Ma.ffi.e Legislative Retirement System Program under Title 3, 
section 701, subsection 8; and 
(3) Meets the applicability requirements of subsection 3-A. 
Sec. 150. 5 MRSA §17851, sub-§2-B, as amended by PL 1999, c. 756, § 12, is 
further amended to read: 
2-B. Member not in service at retirement; 10 years of creditable service on July 
1, 1993. A member who on July 1, 1993 had 10 years of creditable service and who is 
not in service at retirement qualifies for a service retirement benefit upon or after 
reaching 60 years of age. For the purpose of determining completion of the 10-year 
requirement, the 10 years of creditable service may include creditable service as a 
member of the Ma.ffi.e Legislative Retirement System Program under Title 3, section 701, 
subsection 8. 
A. 
Effective October 1, 1999, the creditable service and age requirements of this 
subsection may not be increased for a member who on or before October 1, 1999 met 
the creditable service requirements for eligibility for service retirement benefits under 
this subsection, whether or not the member is in service on October 1, 1999. 
B. 
For the purpose of calculating creditable service under this subsection only, 
creditable service includes time during which a member participated in the voluntary 
cost savings plan or the voluntary employee incentive program, authorized by Public 
Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB 
and chapter 780, Part VV, or 10 years of combined creditable service under this Part 
and Title 3, chapter 29 or creditable service available to a member that the member 
was eligible to purchase on June 30, 1993 and that the member does purchase in 
accordance with rules adopted by the board. 
Sec. 151. 5 MRSA §17851, sub-§2-C, ~A, as amended by PL 1999, c. 756, §13, 
is further amended to read: 
A. 
Has at least 10 years of creditable service, which, for the purpose of determining 
completion of the 10-year requirement, may include creditable service as a member 
of the Maffie Legislative Retirement System Program under Title 3, section 701, 
subsection 8; or 
Sec. 152. 5 MRSA §17851, sub-§2-C, ~, as amended by PL 1999, c. 756, § 13, 
is further amended to read: 
B. 
Effective October 1,1999, is in service on October 1,1999, had left service prior 
to October 1, 1999 with or without withdrawing that member's contributions and on 
or after October 1, 1999 returns to service or is first in service on or after October 1, 
1999 and: 
(1) Has reached 62 years of age; and 
(2) 
Has at least 5 years of creditable service, which, for the purpose of 
determining completion of the 5-year requirement, may include creditable service 
as a member of the Maffie Legislative Retirement System Program under Title 3, 
section 701, subsection 8. 
Sec. 153. 5 MRSA §17851, sub-§3, as amended by PL 1999, c. 756, § 14, is 
further amended to read: 
3. Member with creditable service of 25 years or more whether or not in service 
at retirement. A member, whether or not in service at retirement, who has completed 25 
or more years of creditable service qualifies for a service retirement benefit ifthe member 
retires at any time after completing 25 years of service, which may include, for the 
purpose of determining completion of the 25-year requirement, creditable service as a 
member of the Maine Legislative Retirement System Program under Title 3, section 701, 
subsection 8. 
C. 
Effective October 1, 1999, the number of years required to qual ify for a service 
retirement benefit under this subsection may not be increased for members who on 
October 1, 1999 have met the creditable service requirement for eligibility to receive 
a service retirement benefit under subsection I-B; subsection 2-B; subsection I-C, 
I 
paragraph A; subsection I-C, paragraph B; subsection 2-C, paragraph A; or 
subsection 2-C, paragraph B, or who, after October I, 1999, meet the creditable 
service requirement for eligibility to receive a service retirement benefit under 
subsection I-C, paragraph B or subsection 2-C, paragraph B. 
Sec. 154. 5 MRSA §17851, sub-§5-C, as enacted by PL 200 I, c. 559, Pt. RR, §3 
and affected by § 17 and amended by PL 2007, c. 58, §3, is further amended to read: 
5-C. Inland fisheries and wildlife officers; contingent qualification for benefits. 
Notwithstanding subsection 5-A and section 17851-A, subsection I, paragraph B, the 
qualification for a service retirement benefit for a law enforcement officer in the 
Department of Inland Fisheries and Wildlife who was first employed after August 31, 
1984 is governed by the provisions of subsection 5-B for all service earned in a covered 
I 
capacity upon certification by the Executive Director of the MaiRe Pl:lblic Employees 
RetiremeRt System retirement system to the Governor and the Commissioner of Inland 
Fisheries and Wildlife that all liabilities associated with that service have been paid in full 
by the State to the system. 
Sec. 155. 5 MRSA §17851, sub-§6-C, as enacted by PL 2001, c. 559, Pt. RR, §4 
and affected by § 17 and amended by PL 2007, c. 58, §3, is further amended to read: 
6-C. 
Marine resources officers; contingent qualification for benefits. 
Notwithstanding subsection 6-A and section 17851-A, subsection I, paragraph A, the 
qualification for a service retirement benefit for a law enforcement officer in the 
Department of Marine Resources who was first employed after August 31, 1984 is 
II 
governed by the provisions of subsection 6-B for all service earned in a covered capacity 
upon certification by the Executive Director of the Maine Pl:lblic Employees Retirement 
System retirement system to the Governor and the Commissioner of Marine Resources 
that all liabilities associated with that service have been paid in full by the State to the 
system. 
Sec. 156. 5 MRSA §17851, sub-§10-A, as enacted by PL 2003, c. 451, Pt. GG, 
§2, is amended to read: 
to-A. Liquor inspectors laid off pursuant to public law. This subsection applies 
to any liquor inspector, including the chief inspector, who: 
A. 
Began employment as a liquor inspector or chief inspector prior to September I, 
1984; 
B. 
Was serving in that capacity on September I, 1984; and 
C. 
Was laid off as a liquor inspector or chief inspector pursuant to Public Law 
2003, chapter 20. 
Notwithstanding any other law, a liquor inspector or chief inspector covered by this 
subsection who did not complete the age or service requirements for retirement under 
section 17851, subsection 10 prior to being laid off and who subsequently earns service in 
any special or regular plan covered by the retirement system State Employee and Teacher 
Retirement Program qualifies for a service retirement benefit upon completing at least 25 
years of service and attaining 55 years of age. 
Sec. 157. 5 MRSA §17851-A, sub-§5, as repealed and replaced by PL 2003, c. 
510, Pt. D, §5 and affected by §§6 and 7, is amended to read: 
5. Contributions. Notwithstanding any other provision of subchapter 3, after June 
30, 1998 and before September 1, 2002 for employees identified in subsection 1, 
paragraphs A and B; after June 30, 1998 for employees identified in subsection 1, 
paragraphs C to H; after December 31, 1999 for employees identified in subsection 1, 
paragraphs I to K; after December 31, 2001 for employees identified in subsection 1, 
paragraph L; and after June 30,2002 for employees identified in subsection 1, paragraph 
M, a member in the capacities specified in subsection I must contribute to the retirement 
systefH State Employee and Teacher Retirement Program or have pick-up contributions 
made at the rate of 8.65% of earnable compensation until the member has completed 25 
years of creditable service as provided in this section and at the rate of 7.65% thereafter. 
Sec.1S8. S MRSA §178S1-A, sub-§6, as amended by PL 2007, c. 137, §14, is 
further amended to read: 
6. 
Consequences of participation in retirement plan under section 17851, 
subsection 5-A, 6-A or 8-A. Notwithstanding any other provision of law, a member in 
the capacities specified in subsection 1 who, prior to July 1, 1998 elected the retirement 
option provided in section 17851, subsection 5-A, 6-A or 8-A is treated as follows under 
the 1998 Special Plan. 
lOA. A member who made the election at the time of first employment in a position 
covered under section 17851, subsection 5-A, 6-A and 8-A is considered to be a 
member under the 1998 Special Plan as of the date of hire. Beginning July I, 1998, a 
member covered by this paragraph shall contribute to the retiremeAt system State 
Employee and Teacher Retirement Program or have pick-up contributions made at a 
IS 
rate of 8.65% of earnable compensation until completion of 25 years of creditable 
service and shall contribute at a rate of 7.65% thereafter. 
B. 
A member who was serving in a position covered under section 17851, 
subsection 5-A, 6-A or 8-A at the time of the election and who elected to participate 
in the retirement option prospectively from the time of election is considered to be a 
member under the 1998 Special Plan as of the effective date of the election. 
Beginning July 1, 1998, a member covered by this paragraph shall contribute to the 
retiremeAt system State Employee and Teacher Retirement Program or have pick-up 
contributions made at a rate of 8.65% of earnable compensation until completion of 
years of creditable service and shall contribute at a rate of 7.65% thereafter. 
C. 
A member who was serving in a position covered under section 17851, 
subsection 5-A, 6-A or 8-A at the time of the election and who elected to participate 
in the retirement option prospectively from the time of election and also elected to 
purchase credit for service earned while serving in the same capacity before 
exercising the election is considered to be a member under the 1998 Special Plan as 
of the beginning date of the service for which credit is purchased, provided that all of 
the payments required under section 17852, subsection 5-A, 6-A or 7-A are made 
before retirement. If all the required payments are not made before retirement, that 
member is considered to be a member under the 1998 Special Plan as of the effective 
date of the election. Beginning July 1, 1998, a member covered by this paragraph 
shall contribute to the retiremeAt system State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 8.65% of earnable 
compensation until completion of 25 years of creditable service and shall contribute 
at a rate of 7.65% thereafter. 
Employee contributions and actuarial and administrative costs paid to the retiremeAt 
system State Employee and Teacher Retirement Program by a member covered by this 
subsection may not be returned to that member, except that these employee contributions 
may be refunded to a member who terminates service and requests a refund under section 
17705-A. 
Sec. 159. 5 MRSA §17851-A, sub-§6-A, as amended by PL 2007, c. 137, §15, is 
further amended to read: 
6-A. 
Consequences of participation in retirement plan under section 17851, 
subsection 12 or 13. A member in the capacities specified in subsection 1, paragraphs J 
and K who, prior to January 1, 2000, elected the retirement option provided in section 
17851, subsection 12 or 13 is treated as follows under the 1998 Special Plan. 
A. 
A member who made the election at the time of first employment in a position 
covered under section 17851, subsection 12 or 13 is considered to be a member under 
the 1998 Special Plan as of the date of hire. Beginning January 1, 2000, a member 
covered by this paragraph shall contribute to the retirement system State Employee 
and Teacher Retirement Program or have pick-up contributions made at a rate of 
8.65% of earnable compensation until completion of 25 years of creditable service 
and shall contribute at a rate of7 .65% thereafter. 
B. 
A member who was serving in a position covered under section 17851, 
subsection 12 or 13 at the time of the election and who elected to participate in the 
retirement option prospectively from the time of election is considered to be a 
member under the 1998 Special Plan as of the effective date of the election. 
Beginning January 1, 2000, a member covered by this paragraph shall contribute to 
the retirement system State Employee and Teacher Retirement Program or have pick-
up contributions made at a rate of 8.65% of earnable compensation until completion 
of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter. 
C. 
A member who was serving in a position covered under section 17851, 
subsection 12 or 13 at the time of the election and who elected to participate in the 
retirement option prospectively from the time of election and also elected to purchase 
credit for service earned while serving in the same capacity before exercising the 
election is considered to be a member under the 1998 Special Plan as of the 
beginning date of the service for which credit is purchased, provided that as long as 
all of the payments required under section 17852, subsection 12 or 13 are made 
before retirement. If all the required payments are not made before retirement, that 
member is considered to be a member under the 1998 Special Plan as of the effective 
date of the election. 
Beginning January 1, 2000, for employees identified in 
subsection 1, paragraphs J and K, a member covered by this paragraph shall 
contribute to the retirement system State Employee and Teacher Retirement Program 
or have pick-up contributions made at a rate of 8.65% of earnable compensation until 
completion of 25 years of creditable service and shall contribute at a rate of 7.65% 
thereafter. 
Employee contributions and actuarial and administrative costs paid to the retirement 
system State Employee and Teacher Retirement Program by a member covered by this 
subsection may not be returned to that member, except that these employee contributions 
may be refunded to a member who terminates service and requests a refund under section 
17705-A. 
Sec. 160. 5 MRSA §17852, sub-§I, ,A, as amended by PL 1999, c. 489, §15, is 
further amended to read: 
A. 
-l+W One-fiftieth of the member's average final compensation multiplied by the 
number of years of membership service and up to 25 years of prior service. 
Membership service under this paragraph does not include creditable service under 
the Legislative Retirement System Program; 
Sec. 161. 5 MRSA §17852, sub-§5-A, ~A, as enacted by PL 1995, c. 466, Pt. A, 
§3, is amended to read: 
A. 
The person was first employed as a law enforcement officer in the Department 
of Inland Fisheries and Wildlife on or after November 1, 1995, elects the option 
provided in section 17851, subsection 5-A and pays to the retiremeAt system State 
Employee and Teacher Retirement Program an increased employee payroll 
contribution in an amount that equals the full actuarial cost of electing that option; or 
Sec. 162. 5 MRSA §17852, sub-§5-A,~, as enacted by PL 1995, c. 466, Pt. A, 
§3, is amended to read: 
B. 
The person was first employed as a law enforcement officer in the Department 
of Inland Fisheries and Wildlife before November 1, 1995, elects the option provided 
in section 17851, subsection 5-A and pays to the retiremeAt system State Employee 
and Teacher Retirement Program single or periodic payment of a lump sum or by a 
combination of single and periodic payments of the amount that equals the full 
actuarial cost of electing that option for service before that date. 
A person who 
requests calculation of the full actuarial cost, regardless of whether the person elects 
the option, must pay to the retirement system by single lump sum payment the 
reasonable administrative costs of determining the full actuarial costs. Payment of 
the full actuarial cost related to service on or after November 1, 1995 is made as part 
of the employee payroll contribution. 
Sec. 163. 5 MRSA §17852, sub-§6-A, ~A, as enacted by PL 1995, c. 466, Pt. B, 
§4, is amended to read: 
A. 
The person was first employed as a law enforcement officer in the Department 
of Marine Resources on or after November 1, 1995, elects the option provided in 
section 17851, subsection 6-A and pays to the retiremeAt system State Employee and 
Teacher Retirement Program an increased employee payroll contribution in an 
I 
amount that equals the full actuarial cost of electing that option; or 
Sec. 164. 5 MRSA §17852, sub-§6-A, ~, as enacted by PL 1995, c. 466, Pt. B, 
§4, is amended to read: 
B. 
The person was first employed in that capacity before November I, 1995, elects 
the option provided in section 17851, subsection 6-A and pays to the retiremeAt 
system State Employee and Teacher Retirement Program by single or periodic 
payment of a lump sum or by a combination of single and periodic payments the 
amount that equals the full actuarial cost of electing that option for service before that 
date. 
A person who requests calculation of the full actuarial cost, regardless of 
whether the person elects the option, must pay to the retirement system by single 
lump sum payment the reasonable administrative costs of determining the full 
actuarial costs. 
Payment of the full actuarial cost related to service on or after 
November 1, 1995 is made as part of the employee payroll contribution. 
Sec. 165. 5 MRS A §17852, sub-§7-A, ~A, as enacted by PL 1995, c. 624, §9, is 
amended to read: 
A. 
The person was first employed as a forest ranger in the Department of 
Conservation on or after May 1, 1996, elects the option provided in section 17851, 
subsection 8-A and pays to the retirement system State Employee and Teacher 
Retirement Program an increased employee payroll contribution in an amount that 
equals the full actuarial cost of electing that option; or 
Sec. 166. 5 MRSA §17852, sub-§7-A, VB, as enacted by PL 1995, c. 624, §9, is 
amended to read: 
B. 
The person was first employed as a forest ranger in the Department of 
Conservation before May 1, 1996, elects the option provided in section 17851, 
subsection 8-A and pays to the retirement s~'stem State Employee and Teacher 
Retirement Program by single or periodic payment of a lump sum or by a 
combination of single and periodic payments the amount that equals the full actuarial 
cost of electing that option for service before that date. A person who requests 
calculation of the full actuarial cost, regardless of whether the person elects the 
option, must pay to the retirement system by single lump sum payment the reasonable 
administrative costs of determining the full actuarial costs. 
Payment of the full 
actuarial cost related to service on or after May 1, 1996 is made as part of the 
employee payroll contribution. 
Sec. 167. 5 MRSA §17852, sub-§l1, ~A, as enacted by PL 1995, c. 466, Pt. C, 
§3, is amended to read: 
A. 
The person was first employed as a law enforcement officer at the Baxter State 
Park Authority on or after November 1, 1995, elects the option provided in section 
17851, subsection 12 and pays to the retirement s~rstem State Employee and Teacher 
Retirement Program an increased employee payroll contribution in an amount that 
equals the full actuarial cost of electing that option; or 
Sec. 168. 5 MRSA §17852, sub-§l1, VB, as enacted by PL 1995, c. 466, Pt. C, 
§3, is amended to read: 
B. 
The person was first employed as a law enforcement officer at the Baxter State 
Park Authority before November 1, 1995, elects the option provided in section 
17851, subsection 12 and pays to the retirement system State Employee and Teacher 
Retirement Program single or periodic payment of a lump sum or by a combination 
of single and periodic payments of the amount that equals the full actuarial cost of 
electing that option for service before that date. A person who requests calculation of 
the full actuarial cost, regardless of whether the person elects the option, must pay to 
the retirement system by single lump sum payment the reasonable administrative 
costs of determining the full actuarial costs. Payment of the full actuarial cost related 
to service on or after November 1, 1995 is made as part of the employee payroll 
contribution. 
Sec. 169. 5 MRS A §17852, sub-§13, ~A, as enacted by PL 1997, c. 401, §3, is 
amended to read: 
A. 
The person was first employed as a fire marshal on or after October I, 1997, 
elects the option provided in section 17851, subsection 13 and pays to the retiremeflt 
system State Employee and Teacher Retirement Program an increased employee 
payroll contribution in an amount that equals the full actuarial cost of electing that 
option; or 
Sec. 170. 5 MRSA §17852, sub-§13, ~, as enacted by PL 1997, c. 401, §3, is 
amended to read: 
B. 
The person was first employed as a fire marshal before October 1, 1997, elects 
II 
the option provided in section 1785 I, subsection 13 and pays to the retiremeflt system 
State Employee and Teacher Retirement Program a single payment or periodic 
payments of a lump sum or a combination of single and periodic payments of that 
amount that equals the full actuarial cost of electing that option for service before that 
date. 
Sec. 171. 5 MRS A §17852, sub-§15, ~A, as enacted by PL 1997, c. 401, §3, is 
amended to read: 
A. 
The person was first employed as a motor vehicle investigator on or after 
October 1, 1997, elects the option provided in section 17851, subsection 14 and pays 
to the retiremeRt system State Employee and Teacher Retirement Program an 
increased employee payroll contribution in an amount that equals the full actuarial 
cost of electing that option; or 
Sec. 172. 5 MRSA §17852, sub-§15,~, as enacted by PL 1997, c. 401, §3, is 
amended to read: 
B. 
The person was first employed as a motor vehicle investigator before October 1, 
1997, elects the option provided in section 17851, subsection 14 and pays to the 
retiremeRt system State Employee and Teacher Retirement Program a single payment 
or periodic payments of a lump sum or a combination of single and periodic 
payments of that amount that equals the full actuarial cost of electing that option for 
service before that date. 
Sec. 173. 5 MRSA §17858-B, sub-§3, as enacted by PL 1995, c. 502, Pt. R, § I 
and amended by PL 2007, c. 58, §3, is further amended to read: 
3. 
Payment of fixed costs. 
With respect to each employee who retires under 
subsection 1, the State shall pay the amount of the MaiRe Public Employees RetiremeRt 
System's State Employee and Teacher Retirement Program's unfunded liability payment, 
the Maine Public Employees Retirement System's administrative cost payment and the 
retiree health care payment associated with the employee. 
Sec. 174. 5 MRSA §17858-B, sub-§4, as enacted by PL 1995, c. 502, Pt. R, § I 
and amended by PL 2007, c. 58, §3, is further amended to read: 
4. Policies and procedures. The Executive Director of the Maine Public Employees 
Retirement System shall establish policies and procedures for the implementation of this 
section, including notice and payment requirements, that ensure that no unfunded liability 
results to the Maine Publie employees Retirement System State Employee and Teacher 
Retirement Program. 
Sec. 175. 5 MRSA §17904, sub-§2, as amended by PL 1991, c. 434, §1, IS 
further amended to read: 
2. Exception. A member with fewer than 5 years of continuous creditable service 
immediately preceding that member's application for a disability retirement benefit is not 
eligible for that benefit if the disability is the result of a physical or mental condition 
II 
wIH€fl that existed before the member's latest membership in the any retirement system 
program of the Maine Public Employees Retirement System, unless the disability is a 
result of, or has been substantially aggravated by, an injury or accident received in the 
line of duty but from events or circumstances not usually encountered within the scope of 
the member's employment. 
Sec. 176. 5 MRSA §17906, sub-§3, ~C, as enacted by PL 1985, c. 801, §§5 and 
7, is amended to read: 
c. 
If the retirement benefit payments are eliminated by operation ofthis subsection: 
(1) The person sfla.I.l again beeome becomes a member of the retirement system 
State Employee and Teacher Retirement Program and shall begin begins 
contributing at the current rate; and 
(2) When the person again retires, fie the person shall receive benefits computed 
on !tis the person's entire creditable service and in accordance with the law in 
effect at that time. 
Sec. 177. 5 MRSA §17924, sub-§2, as amended by PL 1991, c. 434, §2, IS 
further amended to read: 
2. Exception. A member with fewer than 5 years of continuous creditable service 
immediately preceding that member's application for a disability retirement benefit is not 
eligible for that benefit if the disability is the result of a physical or mental condition 
wIH€fl that existed before the member's membership in the .1! retirement system program 
of the Maine Public Employees Retirement System, unless the disability is a result of, or 
has been substantially aggravated by, an injury or accident received in the line of duty but 
from events or circumstances not usually encountered within the scope of the member's 
employment. 
Sec. 178. 5 MRSA §17930, sub-§3, ~, as enacted by PL 1989, c. 409, §§8 and 
12, is amended to read: 
D. 
The retirement benefit payments are eliminated by this subsection if: 
(1) The person sfla.I.l again beeome becomes a member of the retirement system 
State Employee and Teacher Retirement Program and begtn begins contributing 
at the current rate; and 
I 
(2) When the person again retires, the person shall receive benefits computed on 
the basis of that person's entire creditable service and in accordance with the law 
in effect at that time; 
Sec. 179. 5 MRSA §18055, sub-§l, ~A, as amended by PL 1987, c. 42, IS 
further amended to read: 
A. 
Elective and appomtIve officers and employees of the State eligible for 
membership in the retirement s~'stem State Employee and Teacher Retirement 
Program or the MaiRe Legislative Retirement System Program; 
Sec. 180. 5 MRSA §18055, sub-§l,~, as enacted by PL 1985, c. 801, §§5 and 
7, is amended to read: 
II 
B. 
Teachers eligible for membership in the retirement system State Employee and 
Teacher Retirement Program; 
Sec. 181. 5 MRSA §18200 is enacted to read: 
§18200. Name, establishment and purpose 
IS 
There is established the Participating Local District Retirement Program, which has 
the powers and privileges of a corporation. 
The purpose of the Participating Local District Retirement Program is to provide 
retirement allowances and other benefits under this chapter for employees of participating 
local districts. 
Sec. 182. 5 MRSA §18201, first~, as amended by PL 1993, c. 250, §2, is further 
amended to read: 
A local district may contract for the participation of its employees in the retirement 
system Participating Local District Retirement Program under this chapter any time 
before the date the board puts into operation the consolidated retirement plan for 
participating local districts under chapter 427. After the date on which the consolidated 
plan described in chapter 427 is put into operation, a local district may contract for 
participation only in a program provided by under the consolidated plan under chapter 
4R. 
Sec. 183. 5 MRSA §18202, sub-§3, as enacted by PL 1991, c. 887, § 11, is 
amended to read: 
3. 
Application. 
Notwithstanding the proVISIons of subsections 1 and 2, the 
amendments made to retirement system the Participating Local District Retirement 
Program disability plans to meet the requirements of the federal Older Workers Benefit 
Protection Act apply to each participating local district without adoption by the district. 
Sec. 184. 5 MRSA §18203, first ~, as enacted by PL 1987, c. 256, §22, IS 
amended to read: 
A participating local district may withdraw from further participation in the 
retirement system Participating Local District Retirement Program under the terms and 
conditions of this section. 
Sec. 185. 5 MRSA §18203, sub-§3, as repealed and replaced by PL 2003, c. 273, 
§ 1, is amended to read: 
3. Amendments. A participating local district that has withdrawn from participation 
in the retirement system Participating Local District Retirement Program may adopt any 
provision of this Part and amend its plan to reflect adoption of that provision, whether the 
provision took effect before or after the effective date of the district's withdrawal. A 
participating local district withdrawing under this section may not amend its retirement 
plan except in accordance with this subsection, and any such amendment is effective only 
with respect to employees of the district who remained in the retirement system 
Participating Local District Retirement Program at the time of the district's withdrawal. 
Sec. 186. 5 MRSA §18203-A, as enacted by PL 1991, c. 580, §11, is amended to 
read: 
§18203-A. Resumption of participation after withdrawal 
The board may establish by rule the conditions under which a local district that has 
withdrawn from participation in the retirement system Participating Local District 
Retirement Program may again contract for participation of its employees in tfte 
retirement system that program under this chapter or under chapter 427. 
Sec. 187. 5 MRSA §18204, first~, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
The chief fiscal officer of a participating local district shall, in order to assist in the 
administration of the retirement system Participating Local District Retirement Program: 
Sec. 188. 5 MRSA §18251, sub-§3, as enacted by PL 2003, c. 630, Pt. A, §3, is 
amended to read: 
3. Optional membership. Membership in the retirement system Participating Local 
District Retirement Program is optional for the following employees of a participating 
local district: 
A. 
A person in the service of a participating local district on the date of 
establishment for that participating local district. 
Once such a person joins the 
retirement system Participating Local District Retirement Program, membership 
ceases to be optional for that person under this paragraph; 
B. 
An elected official or an official appointed for a fixed term. Special provisions 
apply to certain officials as follows: 
(1) Membership of trustees of a water district is governed by Title 35-A, section 
6410, subsection 8; 
(2) Membership of trustees of a sanitary district is governed by Title 38, section 
1104; and 
(3) Membership of trustees of a sewer district is governed by Title 38, section 
1252; 
C. 
A chief administrative officer of a participating local district, whether appointed 
for a fixed term or appointed with tenure; and 
D. 
A person whose membership is optional under section 18252, 18252-A or 
18801. 
Sec. 189. 5 MRSA §18251, sub-§4, as enacted by PL 2003, c. 630, Pt. A, §3, is 
amended to read: 
4. Delayed election of membership. A person whose membership is optional and 
who elects not to join the retiremeAt system Participating Local District Retirement 
Program when first eligible to do so may at any time apply for and be admitted to 
membership, except as provided in section 18252. 
A. 
For an optional member described in subsection 3, paragraph B or C who began 
membership before January 1, 1986, purchase of service credit for the period during 
which the person was eligible for membership but was not a member of the 
retiremeAt system Participating Local District Retirement Program is governed by 
section 18305. 
B. 
For other optional members, purchase of service credit for the period during 
which the person was eligible for membership but was not a member of the 
retiremeAt system Participating Local District Retirement Program is governed by 
section 18305-A. 
Sec. 190. 5 MRSA §18251, sub-§5, as enacted by PL 2003, c. 630, Pt. A, §3, is 
amended to read: 
5. Reentry. A person whose membership is optional may reenter the retiremeAt 
system Participating Local District Retirement Program at any time, subject to sections 
18252 and I 8252-A, if applicable. A person who reenters the system that program may 
purchase service credit for the time served in eligible service as follows. 
A. 
If the person withdrew accumulated contributions at the time of withdrawal, the 
person, subject to any limitations set forth in section 18252-A, may repurchase that 
prior service credit by repaying those contributions pursuant to section 18304. 
B. 
For the purchase of time for which the person was not a member: 
(1) For an optional member described in subsection 3, paragraph B or C who 
began membership before January 1, 1986, purchase of service credit for the 
period during which the person was eligible for membership but was not a 
member of the retiremeAt system Participating Local District Retirement Program 
is governed by section 18305; and 
(2) For other optional members, purchase of service credit for the period during 
which the person was eligible for membership but was not a member of the 
retiremeAt system Participating Local District Retirement Program is governed 
by section 18305-A. 
Sec. 191. 5 MRSA §18252, as amended by PL 2007, c. 137, §17, is further 
amended to read: 
§18252. 
Membership in districts with Social Security coverage under Social 
Security Section 218 agreement 
A person who is or would be covered by the United States Social Security Act as a 
result of employment by a participating local district having a so-called "Social Security 
Section 218 agreement" may elect to join, not to join, to cease contributions to or to 
withdraw from the retiremeAt system Participating Local District Retirement Program 
under the following conditions. 
1. New employees. A new employee may join the retiremeAt system Participating 
Local District Retirement Program at the beginning of employment or on any anniversary 
of the beginning of employment, se as long as that person is still an employee of the 
participating local district and the district continues to be a participating local district. 
A. 
Purchase of service credit for the period during which the person was not a 
member of the retiremeAt system Participating Local District Retirement Program is 
governed by section 18305-A. 
2. 
Employee who is participating member. 
A person who is a partIcIpating 
member of the retiremeAt system Participating Local District Retirement Program may 
elect to cease contributions to the system that program and, at that person's discretion, 
may withdraw accumulated contributions in accordance with section 18306-A. 
3. Person who has previously ceased contributions. A person who has previously 
elected to cease contributions to the retiremeAt system Participating Local District 
Retirement Program, whether or not accumulated contributions have been withdrawn, 
may choose to rejoin the s)'stem that program at any time under the following conditions. 
B. 
The employer must still be a participating local district allowing new 
membership in the retiremeAt system Participating Local District Retirement 
Program. 
C. 
Purchase of service credit for the period during which the person was not a 
member of the retiremeAt system Participating Local District Retirement Program is 
governed by section 18305-A. Repayment of withdrawn accumulated contributions 
is governed by section 18304. 
5. Limit on right to rejoin. The right of a person to rejoin under subsection 3 is 
limited to 2 occurrences. 
6. Restoration to service. If any person who is the recipient of a service retirement 
benefit is covered by the United States Social Security Act upon being restored to service, 
continuation of that person's benefit is governed by the following. 
A. 
The person may elect to have the service retirement benefit continued during the 
period of time the person is restored to service and the person may not accumulate 
any additional service credits. 
B. 
The person may elect to have the service retirement benefit terminated, again 
become a member of the retirement system Participating Local District Retirement 
Program and begin contributing at the current rate. 
(1) The person is entitled to accumulate additional service credits during the 
period of time the person is restored to service. 
(2) When the person again retires, the person is entitled to receive benefits 
computed on the person's entire creditable service and in accordance with the law 
in effect at the time. 
C. 
Upon being restored to service, the person must elect to have benefits either 
continued or terminated. 
If written notification of the person's election is not 
received by the executive director within 60 days of restoration to service, the person 
is deemed to have elected the provisions of paragraph A. The election, regardless of 
how it is made, is irrevocable during the period of restoration to services. 
Sec. 192. 5 MRSA §18252-A, sub-§I, as amended by PL 2007, c. 137, §§ 18 and 
19, is further amended to read: 
l. Membership. An employee of a participating local district that does not have a 
so-called "Social Security Section 218 agreement" and that has a plan provided by the 
employer under section 18252-B may elect to be a member under the retirement system 
Participating Local District Retirement Program or to be covered under the plan provided 
by the employer in accordance with the following. 
A. 
A person hired by a participating local district, or rehired following a break in 
service, after the date on which the employer provides a plan under section 18252-B 
must elect at the time of hiring or rehiring whether to be a member under the 
retirement system Participating Local District Retirement Program or to be covered 
under a plan provided by the employer under section 18252-B. 
(1) If the person elects to be a member under the retirement system Participating 
Local District Retirement Program, the election is effective as of the date of hire 
1 
or reh ire. 
(a) 
A person who elects to be a member of the retirement system 
Participating Local District Retirement Program may later elect to be covered 
under a plan provided by the employer under section 18252-B. The person 
who so elects may, at that person's discretion, withdraw accumulated 
contributions in accordance with section 18306-A. 
(b) A person who elects under division (a) to be covered under a plan 
provided by the employer under section 18252-B may later elect to again 
become a member under the retirement system Participating Local District 
Retirement Program, unless to so elect would have the effect of requiring the 
employer, without the employer's agreement, to make an employer 
I 
contribution to both the retirement system that program and the plan provided 
by the employer under section 18252-B. 
(c) A person who elects under division (b) to again become a member of the 
retirement system Participating Local District Retirement Program may, in 
accordance with section 18305-A, purchase service credit for the period 
during which the person elected not to be a member of the retirement s~'stem 
that program. The person may, in accordance with section 18304, repay 
contributions withdrawn under division (a) and may, as permitted under other 
relevant retirement system law, rule and policy, repay other refunded 
contributions. 
II 
(d) A person who, having elected to again become a member under the 
retirement system Participating Local District Retirement Program under 
division (c), later elects again not to be a member may not thereafter become 
a member under the retirement system that program while employed by the 
IS 
same participating local district. 
(2) A person who elects to be covered under a plan provided by the employer 
under section 18252-B may later elect to become a member under the retirement 
system Participating Local District Retirement Program. 
(a) Membership service credit for a person joining the retirement system 
Participating Local District Retirement Program under this subparagraph 
begins as of the effective date of first contributions or pick-up contributions 
to the retirement system that program following that person's election under 
this subparagraph. 
(b) A person who joins the retirement system Participating Local District 
Retirement Program under this subparagraph may, in accordance with section 
18305-A, purchase service credit for the period during which the person 
elected not to be a member of the retirement system that program. 
(c) A person who, having elected to become a member under the retirement 
system Participating Local District Retirement Program under this 
subparagraph, later elects again not to be a member may, at the employee's 
discretion, 
withdraw accumulated contributions 
in 
accordance 
with 
applicable requirements of law and rule and retirement system procedures 
and may not thereafter become a member under the retirement system that 
program while employed by the same participating local district. 
B. 
An employee of the participating local district who is a member under the 
retirement system Participating Local District Retirement Program on the date on 
which the employer provides a plan under section 18252-B may elect to remain a 
member under the retirement s~rstem that program or to become covered under a plan 
provided by the employer under section 18252-B. 
(I) If that person elects not to remain a member, the election is effective as of 
the first day of the month in which no contributions or pick-up contributions are 
made to the retirement s~rstem Participating Local District Retirement Program 
by that person. A person who elects not to remain a member may, at that person's 
discretion, withdraw accumulated contributions in accordance with section 
18306-A. 
(2) A person who elects not to remain a member under the retirement system 
Participating Local District Retirement Program may later elect to again become 
a member. 
(a) Membership service credit for a person who elects to again become a 
member under the retirement system Participating Local District Retirement 
Program under this subparagraph begins as of the effective date of the first 
contributions or pick-up contributions to the retiremeflt system that program 
following that person's election under this subparagraph. 
(b) A person who rejoins the retirement system Participating Local District 
Retirement Program under this subparagraph may, in accordance with section 
18305-A, purchase service credit for the period during which that person 
elected not to be a member of the retirement system that program. The 
person may, in accordance with section 18304, repay contributions refunded 
under subparagraph (1), unless to so elect would have the effect of requiring 
the employer, without the employer's agreement, to make an employer 
contribution to both the retirement system Participating Local District 
Retirement Program and the plan provided by the employer under section 
18252-B. 
(c) A person who, having elected to again become a member under the 
retirement system Participating Local District Retirement Program under this 
subparagraph, later elects again not to be a member may, at that person's 
discretion, withdraw accumulated contributions in accordance with section 
18306-A and may not thereafter become a member under the retirement 
system that program while employed by the same participating local district. 
D. 
If the participating local district does not have a plan provided under section 
18252-B, the employees do not have the elections provided under paragraphs A and 
B. 
Sec. 193. 5 MRSA §18252-A, sub-§2, ,s, as enacted by PL 1997, c. 709, §4, is 
amended to read: 
B. 
The participating local district employer is responsible for providing employees 
with information as to membership under the retirement system Participating Local 
District Retirement Program and as to coverage under the plan provided by the 
employer under section 18252-B to assist the employee in making election decisions. 
The retirement system shall provide the employer with information as to the 
retirement system Participating Local District Retirement Program. 
Sec. 194. 5 MRSA §18252-A, sub-§3, ,s, as enacted by PL 2003, c. 630, Pt. A, 
§6, is amended to read: 
B. 
Whose membership in the retirement system Participating Local District 
Retirement Program is optional under section 18252, section 18801, subsection 1 or 
section 18251, subsection 3, paragraph A, B or C; 
I 
Sec. 195. 5 MRSA §18252-A, sub-§3, ~C, as enacted by PL 2003, c. 630, Pt. A, 
§6, is amended to read: 
C. 
For whom membership in the retirement system Participating Local District 
Retirement Program is denied under section 18256; or 
Sec. 196. 5 MRSA §18252-B, sub-§3, as enacted by PL 1997, c. 709, §4, is 
amended to read: 
3. 
Employee contribution. 
The employee must contribute as a percentage of 
compensation in each pay period an amount not less than the employee would have been 
required to contribute had the employee been a member under the retirement system 
Participating Local District Retirement Program under the so-called "Regular Plan A" of 
II 
the consolidated plan for participating local districts, consistent with applicable 
contribution limits of federal law. 
Sec. 197. 5 MRSA §18252-B, sub-§6,~, as enacted by PL 1997, c. 709, §4, is 
amended to read: 
B. 
If, after plan termination, the employer no longer provides a plan under this 
section, an employee hired or rehired after termination of the plan must be a member 
under the retirement s)'stem Participating Local District Retirement Program. 
Sec. 198. 5 MRSA §18252-B, sub-§6, ~C, as enacted by PL 1997, c. 709, §4, is 
amended to read: 
C. 
Section 18252-A, subsection I, paragraph B applies to an employee who is a 
member under the retirement system Participating Local District Retirement Program 
at the time of the change, except that an employee who has previously exhausted the 
elections available under section 18252-A, subsection 1, paragraph B and who elects 
to be covered under the plan provided by the employer under this subsection may not 
later become a member under the retirement system that program while employed by 
the same participating local district. 
Sec. 199. 5 MRSA §18253, sub-§I, ~A, as enacted by PL 1985, c. 801, §§5 and 
7, is amended to read: 
A. 
Any member of the retirement system 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 fle the member has not previously withdrawn 
h-i-s the member's accumulated contributions: 
(I) Have h-i-s the membership transferred to h-i-s the member's account with the 
new employer; and 
(2) Be entitled to all benefits wfl.t€.h 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. 
Sec. 200. 5 MRSA §18253, sub-§l, ~, as enacted by PL 1985, c. 801, §§5 and 
7, is amended to read: 
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 system program for the member 
as that have accrued to the member by reason of fl-i.s the member's previous 
employment and as that may accrue to the member by reason of fl-i.s the member's 
new employment. 
Sec. 201. 5 MRSA §18253, sub-§l, ~C, as amended by PL 1991, c. 580, §12, is 
further amended to read: 
C. 
If the new employer makes the election provided under paragraph B, all funds in 
the applicable retirement system 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. 
Sec. 202. 5 MRSA §18253, sub-§3, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
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 retiremeAt system Participating Local District Retirement 
Program. The entire actuarial cost of granting the service credit sltatl must be fully funded 
by the district granting the service credit. 
Sec. 203. 5 MRSA §18254, first~, as amended by PL 2001, c. 181, §8, is further 
amended to read: 
The withdrawal of a partICIpating local district from the retiremeAt system 
Participating Local District Retirement Program has the following effects on an employee 
of the district and on the district itself. 
Sec. 204. 5 MRSA §18254, sub-§l, as amended by PL 1987, c. 739, §§30 and 
48, is further amended to read: 
1. Employee who withdraws accumulated contributions. An employee of the 
district who withdraws accumulated contributions may not be a member of the retiremeAt 
system Participating Local District Retirement Program as an employee of that district. 
Sec. 205. 5 MRS A §18254, sub-§2, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
I 
2. Person employed after district withdrawal. A person who begins employment 
with the district after the effective date of withdrawal of the district from the retirement 
system Participating Local District Retirement Program may not be a member of tHe 
retirement system that program as an employee of that district. 
Sec. 206. 5 MRSA §18254, sub-§4, as amended by PL 1987, c. 739, §§30 and 
48, is further amended to read: 
4. Former employee who has not withdrawn accumulated contributions. For a 
former employee who has not withdrawn accumulated contributions from the retirement 
system Participating Local District Retirement Program, the district shall continl:le 
continues to be a participating local district and that person shall be ~ subject to this Part. 
II 
Sec. 207. 5 MRSA §18254-A, as enacted by PL 1991, c. 580, §13, is amended to 
read: 
§ 18254-A. Effect of district's resumption of participation after withdrawal 
The board may establish by rule the effect on employees of a local district that 
resumes participation in the retirement system Participating Local District Retirement 
Program after having withdrawn from participation. 
Sec. 208. 5 MRSA § 18255, as enacted by PL 1985, c. 801, § § 5 and 7, is amended 
to read: 
§18255. Disbanded or dissolved local district 
If, for any reason, any participating local district ceases to be an employing unit 
eligible for inclusion in the retirement system Participating Local District Retirement 
Program, the membership of its employees shall cease ceases except to the extent of any 
benefits that may be provided by the funds that have been established under the 
retirement system for that district. 
Sec. 209. 5 MRSA §18257, first~, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
A member ceases to be a member of the retirement system Participating Local 
District Retirement Program ifthe member: 
Sec. 210. 5 MRSA §18301, first~, as amended by PL 1987, c. 739, §§33 and 48, 
is further amended to read: 
I 
Each member shall contribute to the retirement system Participating Local District 
Retirement Program or have pick-up contributions made by the employer at a rate of 
6.5% of earnable compensation, except as otherwise provided in this Part. 
Sec. 211. 5 MRSA §18301, sub-§2, as enacted by PL 1987, c. 739, §§33 and 48, 
is amended to read: 
2. 
No employee option. 
The employee may not choose to receive pick-up 
contribution amounts directly instead of having them paid by the employer to the ~ 
Participating Local District Retirement Program. 
Sec. 212. 5 MRSA §18304, first~, as amended by PL 2003, c. 630, Pt. A, §7, is 
further amended to read: 
Any former member who withdrew that person's contributions after termination of 
service or after withdrawing from a retirement program of the retirement system and who 
again becomes a member may repay earlier contributions to the Members' Contribution 
Fund under the following conditions. 
Sec. 213. 5 MRSA §18304, sub-§2, as amended by PL 1989, c. 710, §15, is 
further amended to read: 
2. 
Manner of repayment. 
The repayment must be made to the applicable 
retirement system program by a single direct payment or by annual direct payments made 
in accordance with section 18301, subsection 4. 
Sec. 214. 5 MRSA §18305, sub-§2, as amended by PL 1989, c. 710, §16, is 
further amended to read: 
2. Manner of payment. The payment must be made to the retiremeAt system 
Participating Local District Retirement Program by a single direct payment or by annual 
direct payments made in accordance with section 18301, subsection 4. 
Sec. 215. 5 MRSA §18305, sub-§4, as amended by PL 2003, c. 630, Pt. A, §9, is 
further amended to read: 
4. Exception. This section does not apply to a person whose membership in the 
retiremeAt system Participating Local District Retirement Program is optional, unless the 
person is described in section 18251, subsection 3, paragraph B or C and the person 
began membership before January 1, 1986. 
Sec. 216. 5 MRSA §18305-A, first ~, as enacted by PL 2003, c. 630, Pt. A, § 1 0, 
is amended to read: 
A person whose membership is optional and who did not become a member on the 
date of first employment or who reentered the retiremeAt system Participating Local 
District Retirement Program after having previously withdrawn may elect as permitted by 
section 18251, 18252 or 18252-A, whichever is applicable, to pay into the Members' 
Contribution Fund under the following conditions: 
Sec. 217. 5 MRSA §18305-A, sub-§2, as enacted by PL 2003, c. 630, Pt. A, §10, 
is amended to read: 
2. Manner of payment. The payment must be made to the retiremeAt system 
Participating Local District Retirement Program by a single direct payment or by annual 
direct payments made in accordance with section 18301, subsection 4; and 
Sec. 218. 5 MRSA §18306-A, sub-§I, as enacted by PL 2007, c. 137, §21, is 
amended to read: 
1. Conditions for refund. If the service of any member has terminated, except by 
death or by retirement under this Part, or if an optional member withdraws from the 
retirement system Participating Local District Retirement Program, or if an employee of a 
district that withdraws from participation under section 18203 wishes to have 
accumulated contributions refunded, the member or employee must be paid the amount of 
the member's accumulated contributions under the following conditions: 
A. 
The member must have properly applied for a refund of accumulated 
contributions; 
B. Payment must be made after termination of service and not less than 22 days nor 
more than 60 days after receipt of the application and receipt of the last payroll upon 
which the name of the member appears; 
C. An application for refund is void if the member filing the application returns to 
membership in any retirement f*aH program administered by the retirement system 
before issuance of the payment; 
D. 
Except when inclusion of a portion of employer contributions is required by 
subsection 5, only accumulated contributions made by the member or picked up by 
the employer may be refunded to that member under this section; and 
E. The amount of the refund of accumulated contributions related to a member's 
compensation for service rendered as a part-time, seasonal or temporary employee 
after December 31, 1991 must be at least equal to 7.5% of the member's 
compensation for that service plus interest as provided by section 17156. 
Sec. 219. 5 MRSA §18307-A, sub-§I, as enacted by PL 2007, c. 137, §23, is 
amended to read: 
1. Conditions for refund. The retirement system may make an automatic refund of 
contributions to a member who has not properly applied for a refund as provided in 
section I 8306-A and who has terminated service, except by death or by retirement under 
this Part, or who as an optional member has withdrawn from tfl.e ~ retirement system 
program of the Maine Public Employees Retirement System, and who has not met the 
minimum creditable service requirement for eligibility to receive a service retirement 
benefit at the applicable age under the following conditions: 
A. The member account in the retirement system has been inactive for 3 or more 
years; 
B. Except when inclusion of a portion of employer contributions is required by this 
subsection, only accumulated contributions made by the member or picked up by the 
employer may be refunded to that member under this subsection; 
C. The amount of the refund of accumulated contributions related to a member's 
compensation for service rendered as a part-time, seasonal or temporary employee 
after December 31, 1991 must be at least equal to 7.5% of the member's 
compensation for that service plus interest as provided by section 17156; and 
D. A member who receives an automatic refund under this subsection may, within 
days of the issuance of the refund, return the full refunded amount to the 
retirement system. Upon receipt, the retirement system shall restore the accumulated 
contributions to the member's credit. 
Sec. 220. 5 MRSA §18308, as amended by PL 1999, c. 241, §3, is further 
amended to read: 
§18308. CETA service 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
lOA. "CET A employee" means an employee enrolled in a program under the United 
States Comprehensive Employment and Training Act of 1973, as amended. 
B. 
"Employer" means the State or the participating local district with which the 
CET A employee is placed for training and employment. 
C. 
"Prime sponsor" means the CET A prime sponsor, a unit of government 
IS 
responsible for planning and operating all CETA programs within the geographic 
jurisdiction encompassed by that unit of government. 
2. 
Eligibility for membership. CET A employees are considered eligible for 
membership in the retirement system Participating Local District Retirement Program 
from the date of their enrollment in a CET A program, whether or not they become 
members. 
3. Employer's contributions. Employer's contributions are governed as follows. 
A. 
Notwithstanding this chapter and chapter 421, subchapter .J¥ :1., neither the State 
nor a participating local district is required to contribute to tHe ~ retirement system 
program of the Maine Public Employees Retirement System for CET A employees. 
B. 
If an employee elects, under section 18361, to purchase his CET A time for past 
creditable service, the employee's CET A prime sponsor shall then pay to the 
applicable retirement system program an amount equal to the employer's 
contribution, plus regular interest, for the employee's CET A time, using only CET A 
funds. 
4. Employee's contributions. Employee's contributions are governed as follows. 
A. 
Notwithstanding section 18301, a CET A employee is not required to contribute 
to tHe ~ retirement system program of the Maine Public Employees Retirement 
System. 
B. 
A CET A employee may contribute during J:H.s the employee's period of CET A 
employment or may defer contributions until J:H.s the employee's post-CET A 
employment status is known. 
C. 
If an employee who has not contributed during J:H.s the employee's CET A 
employment or who has withdrawn J:H.s the employee's contributions later elects, 
under section 18361, to purchase J:H.s the employee's CET A time for past creditable 
I 
service, the employee shall pay to the applicable retirement system program of the 
Maine Public Employees Retirement System an amount equal to the employee's 
contributions, plus interest, as provided under section 18305. 
D. 
If an employee or member who has not contributed during that employee's or 
member's CET A employment or who has withdrawn that employee's or member's 
contributions later elects, under section 18361, subsection 3, to purchase that 
employee's or member's CET A time for past creditable service before any retirement 
benefit becomes effective for that member, that employee or member must pay into 
the Members' Contribution Fund, by a single direct payment or annual direct 
payments to the applicable retirement system program of the Maine Public 
II 
Employees Retirement System, 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. 
Annual payments must be made in accordance with section 18301, subsection 4. 
Additional amounts paid under this paragraph become a part of the employee's or 
member's accumulated contributions. If any retirement benefit becomes effective 
before the completion of the payment under this paragraph, the employee or member 
is entitled to service credit for a portion of the additional creditable service in the 
same proportion 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. 
5. 
Return of contributions. Any CET A employee who contributed to tHe ~ 
retirement system program of the Maine Public Employees Retirement System during lHs 
that employee's CET A employment and who does not meet the requirements of section 
18361,--sflall must be refunded lHs that employee's employee contributions, plus regular 
interest, upon request to the retirement system. 
Sec. 221. 5 MRSA §18309, sub-§l, as amended by PL 1987, c. 739, §§38 and 
48, is further amended to read: 
1. 
Contribution rate. 
Except as provided in subsection 2, each fire fighter 
firefighter, including the chief of a fire department, employed by a participating local 
district wh-i€fl that provides a special retirement benefit under section 18453, subsection 4 
or 5, shall contribute to the retirement system Participating Local District Retirement 
Program or have pick-up contributions made by the employer at a rate of 8% of earnable 
compensation as long as employed as a fire fighter firefighter. 
Sec. 222. 5 MRSA §18310, sub-§l, as amended by PL 1987, c. 739, §§39 and 
48, is further amended to read: 
1. Contribution rate. Except as provided in subsection 2, each police officer, 
including the chief of a police department, employed by a participating local district 
wh-i€fl that provides a special retirement benefit under section 18453, subsection 7 or 8, 
shall contribute to the retirement system Participating Local District Retirement Program 
or have pick-up contributions made by the employer at a rate of 8% of earnable 
compensation as long as employed as a police officer. 
Sec. 223. 5 MRS A §1831l, sub-§l, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
1. Service after becoming a member. For employees who qualify to have their 
membership in the retiremeHt system Participating Local District Retirement Program 
continued under section 18258, subsection 1, because of service in the Armed Forces of 
the United States, the participating local district shall contribute to the Members' 
Contribution Fund the same amount that the member would have been required to 
contribute if the member had been serving the participating local district during the 
period of service in the armed forces in the same capacity in which the employee was 
serving at the time fie the employee joined the armed forces. Any member whose 
contributions to the Members' Contribution Fund are paid by the participating local 
district under this subsection, who withdraws or ceases to be a member of the retirement 
system Participating Local District Retirement Program, may not withdraw any of the 
contributions made by the participating local district under this subsection. 
Sec. 224. 5 MRS A §1831l, sub-§2, as amended by PL 1991, c. 23, §§1 and 2, is 
further amended to read: 
2. Service before becoming a member. A member who qualifies under section 
18360, subsection 2, shall contribute to the retirement system Participating Local District 
Retirement Program for the period after service in the armed forces under the following 
terms and conditions. 
A. 
If the member qualifies under section 18360, subsection 2, contributions are 
calculated at the percentage rate required of active members during the period of time 
covered by the service in the armed forces applied to the member's earnable 
compensation during the first year as an employee subsequent to service in the armed 
forces under the following terms and conditions: 
( I) If 2 or more percentage rates were in effect during the period of service in the 
armed forces, the highest percentage rate is used; 
(2) The minimum rate is 5%; and 
(3) Interest at a rate set by the board not to exceed regular interest by 2 or more 
percentage points is paid on the unpaid balance beginning January 1, 1976, or the 
date of attaining 15 years of creditable service, if later, to the date payment is 
made. 
C. 
The payment must be made to the retiremeHt system Participating Local District 
Retirement Program by a single direct payment or annual direct payments made in 
accordance with section 18301, subsection 4. 
Sec. 225. 5 MRSA §18354, sub-§l, 4J]3, as amended by PL 1989, c. 710, §19, is 
further amended to read: 
B. 
The member, before any retirement benefit becomes effective, must make 
contributions into the Members' Contribution Fund for the years of out-of-state 
service on the same basis as the member would have made contributions had the 
service been in the State, including interest at a rate, to be set by the board, not to 
exceed regular interest by 5 or more percentage points. Interest sfla.U must be 
computed from the end of the year when those contributions would have been made, 
if the service had been in the State, to the date of payment. The payment must be 
made to the retirement system Participating Local District Retirement Program by a 
single direct payment or by annual direct payments made in accordance with section 
18301, subsection 4; 
Sec. 226. 5 MRS A §18354, sub-§2, as amended by PL 1989, c. 710, §20, IS 
further amended to read: 
2. 
Alternative. 
If service credit for out-of-state service is not allowed under 
subsection 1, additional service credit for out-of-state service sfla.U must be allowed for 
any member in the determination of retirement benefit under this Part if the member, 
before any retirement benefit becomes effective for that member, pays into the Members' 
Contribution Fund, by a single direct payment or annual direct payments to the retirement 
system Participating Local District 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. Annual payments must be made in accordance with section 18301, 
subsection 4. 
A. 
Additional amounts paid under this subsection sfla.U must become a part of the 
member's accumulated contributions. 
B. 
If any retirement benefit becomes effective before the completion of the 
payment under this subsection, 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. 
Sec.227. 5 MRS A §18356, sub-§3, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
3. 
Exceptions. Leave beyond 90 days may qualify as service credit, up to the 
maximum number of days of leave, set by personnel rules or by contract, that a person is 
allowed to accumulate, if the participating local district pays into the retirement system 
Participating Local District Retirement Program the actuarial equivalent of the benefit. 
Sec. 228. 5 MRSA §18358, sub-§l, as amended by PL 1987, c. 739, §§40 and 
48, is further amended to read: 
1. Employee in service when district participation begins. Any employee who is 
in service on the date when participation of the local district begins and who elects to join 
the retirement system Participating Local District Retirement Program after that date is 
entitled to: 
A. 
Service credit for prior service for the periods of previous service certified by 
the participating local district as creditable prior service rendered to that district for 
which the participating local district makes contributions; and 
B. 
Service credit for all membership service for which contributions are paid into 
the retiremeRt system Participating Local District Retirement Program by the member 
or picked up by the employer. 
Sec. 229. 5 MRSA §18358, sub-§2, as amended by PL 2003, c. 630, Pt. A, § 12, 
is further amended to read: 
2. 
Optional members JOIDIng or reJommg the Participating Local District 
Retirement Program. A person who joins the retiremeRt system Participating Local 
District Retirement Program under section 18251, 18252 or 18252-A: 
A. 
Receives service credit for the period during which the person elected not to be a 
member of the retiremeRt s)'stem Participating Local District Retirement Program 
only if payments are made pursuant to section 18305 or 18305-A; and 
B. 
Begins to accrue membership service credit on the effective date of first 
contributions or pick-up contributions to the retiremeRt system Participating Local 
District Retirement Program. 
Sec. 230. 5 MRSA §18360, sub-§2, as amended by PL 2007, c. 249, §29, is 
further amended to read: 
2. Service before becoming a member. If a participating local district elects to 
provide service credit for service in the Armed Forces of the United States under this 
subsection, a member who served as a full-time active duty member of the Armed Forces 
of the United States before becoming a member of the retiremeRt system Participating 
Local District Retirement Program is entitled to service credit for the period of time fle 
the member served in the armed forces, under the following terms and conditions. 
A. 
Except as provided in paragraph I, on the date of retirement, the member must 
have at least 15 years of creditable service. 
C. 
The member must have separated from the armed forces under conditions other 
than dishonorable. 
D. 
Except as provided in paragraph E, the member must have begun membership 
before January 1, 1976. 
E. 
Except as provided in paragraph I, a member who served in the armed forces 
during any federally recognized period of conflict, is entitled to service credit under 
this subsection. 
For purposes of this paragraph, "federally recognized period of 
conflict" means World War I, April 6, 1917 to November 11,1918 or to March 31, 
1920 if service was in Russia; World War II, December 7, 1941 to December 31, 
1946; the Korean Conflict, June 27, 1950 to January 31, 1955; the Vietnam War, 
August 5, 1964 to May 7, 1975 and the period beginning on February 28, 1961 and 
ending on May 7, 1975 in the case of a veteran who served in the Republic of 
Vietnam during that period; and the Persian Gulf War, August 7, 1990 to the date that 
the United States Government recognizes as the end of the Persian Gulf War. 
F. 
Except for members qualifying under paragraph E, this subsection: 
(1) Applies to all persons, active or retired, but, for those already retired, the 
effective date of any adjustment shatt must be not earlier than the date on which 
the time or credit is certified to the retirement system; and 
(2) Does not apply to any member who begins membership on or after January I, 
1976. 
G. 
Upon complete payment of the back contributions under section 18311, the 
member shatt must be granted service credit for the period of time for which the 
contributions have been made. 
Upon making partial payment of the back 
contributions under section 18311, the member shatt must be granted service credit 
lOon a pro rata basis in accordance with rules adopted by the board. 
II 
H. 
A participating local district may elect, with regard to special plans under 
section 18453, subsections 2 to 9, that service credits under this subsection apply only 
to additional retirement benefits under section 18453, subsections 10 and 11, and that 
the service credits not apply to age or service requirements of retirement. Nothing in 
this paragraph may be construed to affect in any way the rights of public employees 
to collectively bargain for terms and conditions of employment. 
I. 
A member who fails to meet one or more of the terms and conditions required 
under paragraphs A, D and E may purchase service credit as provided in this 
paragraph. The member must have at least 5 years of creditable service and, before 
any retirement benefit becomes effective for that member, must pay into the 
Members' Contribution Fund, by a single direct payment or annual direct payments to 
the retirement system Participating Local District 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. 
Annual direct payments must be made in 
accordance with section 17701, subsection 4. Any member who purchases service 
credit under this paragraph who subsequently, without inclusion of the purchased 
service credit and prior to retirement, meets the terms and conditions of paragraphs 
A, D and E is entitled to purchase the service credit under section 18311, subsection 2 
and to receive a refund of the amount paid under this paragraph that exceeds the cost 
to purchase the service credit under section 18311. 
Sec. 231. 5 MRS A §18362, sub-§l, ~C, as amended by PL 1991, c. 558, §2, is 
further amended to read: 
C. 
The member must, before any retirement benefit becomes effective for the 
member, make contributions into the Members' Contribution Fund, for the years of 
private or parochial school teaching on the same basis as the member would have 
made contributions had the service been as a state employee or teacher in this State, 
including interest at a rate to be set by the board not to exceed regular interest by 5 or 
more percentage points. The member's earnings for the years of private or parochial 
school teaching must be assumed to have been the same as the average salary for 
teachers in this State as determined by the Department of Education for each of the 
years when the private or parochial school teaching took place. Interest must be 
computed beginning at the end of the year when those contributions would have been 
made, if the service had been as a state employee or teacher in this State, to the date 
of payment. Payment must be made by a single direct payment or annual direct 
payments to the retiremeAt system Participating Local District Retirement Program in 
accordance with section 18301, subsection 4. 
Sec. 232. 5 MRSA §18362, sub-§1-A, as enacted by PL 1993, c. 387, Pt. A, § 19, 
is amended to read: 
I-A. Alternative. In the determination of the retirement benefit under this Part, if 
service credit for private or parochial school teaching is not allowed under subsection 1 
based upon the member not meeting the requirements of subsection 1, paragraph B or D, 
additional service credit for private or parochial school teaching is allowed for any 
member who meets the requirements of subsection 1, paragraphs A and E, if the member, 
before any retirement benefit becomes effective for that member, pays into the Members' 
Contribution Fund by a single direct payment or annual direct payments to the retiremeAt 
system Participating Local District 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. 
Annual payments must be made in accordance with section 18301, subsection 4. 
A. 
Additional amounts paid under this subsection become a part of the member's 
accumulated contributions. 
B. 
If any retirement benefit becomes effective before the completion of the 
payment under this subsection, 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. 
Sec. 233. 5 MRS A §18362, sub-§2, ~, as enacted by PL 1989, c. 78, §4, is 
amended to read: 
B. 
The member must return to active service as a member of the retiremeAt system 
Participating Local District Retirement Program within one year of the completion of 
the teaching outside of the State described in this section. 
Sec. 234. 5 MRSA § 18362, sub-§2, IJC, as amended by PL 1989, c. 710, §22, is 
further amended to read: 
C. 
The member must, before any retirement benefit becomes effective for the 
member, pay into the Members' Contribution Fund, by a single direct payment or 
annual direct payments to the retiremeAt system Participating Local District 
Retirement Program, an amount that, together with regular interest on that amount, is 
the actuarial equivalent, at the effective date of the member's retirement benefit, of 
the portion of the member's retirement benefit based on the additional creditable 
servIce. 
Annual payments must be made in accordance with section 18301, 
subsection 4. 
Sec. 235. 5 MRSA §18402, as enacted by PL 1985, c. 801, §§5 and 7, is amended 
to read: 
§18402. Eligibility for benefits 
Only members of the retiremeflt system Participating Local District Retirement 
Program or their spouses, surviving spouses, children, dependent children, parents or 
beneficiaries are eligible to receive benefits from the retiremeflt system Participating 
Local District Retirement Program. 
Sec. 236. 5 MRSA §18407, sub-§2, ~A, as enacted by PL 1985, c. 801, §§5 and 
7, is amended to read: 
lOA. 
A noncovered district wlHeh that has withdrawn from participation in the 
retiremeflt system Participating Local District Retirement Program on or before June 
30, 1987, under section 18203 is not required to provide cost-of-living adjustments 
for its retired employees or their beneficiaries. 
Sec. 237. 5 MRSA §18408, first~, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
If the membership of the employees of a participating local district ceases under 
section 18255, the funds that have been established under the retiremeflt system 
Participating Local District Retirement Program for that district sHalt must be used to 
provide benefits for members or beneficiaries at the date of the cessation of membership. 
Sec. 238. 5 MRS A §18408, sub-§l, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
1. 
Allocation. The amount of the funds that have been established under the 
retiremeflt system Participating Local District Retirement Program for the district at the 
date of the cessation of membership sHalt must be allocated by the board in an equitable 
manner to provide benefits for the members or beneficiaries: 
A. 
In accordance with this Part as in effect at the date of the cessation; and 
B. 
Based upon years of creditable service, average final compensation and 
accumulated contributions as of the date of the cessation, in the following order of 
priority: 
(1) 
For the benefit of members to the extent of the then value of their 
accumulated contributions in the Members' Contribution Fund; 
(2) If any funds remain after allocation under subparagraph (1), then for the 
benefit of beneficiaries then receiving payment of benefits after cessation of 
payments to those beneficiaries, in proportion to the then actuarial value of their 
respective benefits, but not to exceed the amount of those values; 
(3) If any funds remain after allocation under subparagraph (2), then for the 
benefit of members with at least 10 years of creditable service who are not then 
receiving benefit payments, to the extent of the actuarial value of their retirement 
allowances not provided by their accumulated contributions, allocating the funds 
on the basis of the oldest ages first; and 
(4) If any funds remain after allocation under subparagraph (3), then for the 
benefit of members in service with the district on the date of the cessation with 
less than 10 years of creditable service, who are not then receiving benefit 
payments, to the extent of the actuarial value of their retirement allowances not 
provided by their accumulated contributions, allocating the funds on the basis of 
the oldest ages first. 
Sec. 239. 5 MRS A §18451, sub-§l, ~, as enacted by PL 1999, c. 756, § 18, is 
amended to read: 
D. 
Except as provided in paragraph E, has at least 10 years of creditable service, 
which, for the purpose of determining completion of the 10-year requirement, may 
include creditable service as a member of the Maffi:e Legislative Retirement System 
Program; or 
Sec. 240. 5 MRSA §18451, sub-§l,~, as enacted by PL 1999, c. 756, §18, is 
amended to read: 
E. 
Has at least 5 years of creditable service, which, for the purposes of determining 
completion of the 5-year requirement, may include creditable service as a member of 
the Maffi:e Legislative Retirement S)'stem Program, and: 
{l) Was in service on October 1,1999; 
(2) Had left prior to October 1, 1999 with or without withdrawing contributions 
and on or after October 1, 1999 returned to service; or 
(3) Was first in service on or after October 1,1999. 
Sec. 241. 5 MRSA §18451, sub-§2, ~A, as amended by PL 1999, c. 756, § 19, is 
further amended to read: 
A. 
Retires upon or after reaching 60 years of age and, except as provided in 
paragraph 0, has at least 10 years of creditable service, which, for the purpose of 
determining completion of the 10-year requirement, may include creditable service as 
a member ofthe Maffi:e Legislative Retirement System Program; or 
Sec. 242. 5 MRSA §18451, sub-§2, ~, as enacted by PL 1999, c. 756, §21, is 
amended to read: 
D. 
Has at least 5 years of creditable service, which, for the purposes of determining 
completion of the 5-year requirement, may include creditable service as a member of 
the Maffi:e Legislative Retirement System Program, and: 
{l) Was in service on October 1, 1999; 
(2) Had left service prior to October 1, 1999 with or without withdrawing 
contributions and on or after October 1, 1999 returned to service; or 
(3) Was first in service on or after October 1, 1999. 
Sec. 243. 5 MRS A §18451, sub-§3, as amended by PL 1999, c. 756, §22, IS 
further amended to read: 
3. Member with creditable service of 25 years or more. A member, whether or 
not in service at retirement, who has completed 25 or more years of creditable service 
qualifies for a service retirement benefit if the member retires at any time after 
completing 25 years of service, which may include, for the purpose of meeting eligibility 
requirements, creditable service as a member of the Maffie Legislative Retirement System 
Program under Title 3, section 701, subsection 8. 
Sec. 244. 5 MRSA §18504, sub-§2, as amended by PL 1991, c. 434, §3, is 
0 
further amended to read: 
I I 
2. Exception. A member with fewer than 5 years of continuous creditable service 
immediately preceding that member's application for a disability retirement benefit is not 
eligible for that benefit if the disability is the result of a physical or mental condition 
wfl..ieh that existed before the member's latest membership in the .!! retirement system 
program of the Maine Public Employees Retirement System, unless the disability is a 
result of, or has been substantially aggravated by, an injury or accident received in the 
line of duty but from events or circumstances not usually encountered within the scope of 
the member's employment. 
Sec. 245. 5 MRSA §18506, sub-§3, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
I 
3. 
Restoration to service. If any recIpient of a disability retirement benefit is 
restored to service, and if the total of the recipient's monthly retirement benefit for any 
year and the recipient's total earnable compensation for that year exceed his the recipient's 
average final compensation at retirement, increased or decreased by the same percentage 
adjustments as have been received under section 18407, the excess sftal.l must be 
deducted from the disability retirement benefit payments during the next calendar year. 
A. 
The deductions sfla.lt must be prorated on a monthly basis over the year or part 
of the year for which benefits are received in an equitable manner prescribed by the 
board. 
B. 
The recipient of the disability retirement benefit shall reimburse the retirement 
system for any excess payments not deducted under this section. 
C. 
If the retirement benefit payments are eliminated by operation of this subsection: 
(1) The person sfla.lt again become becomes a member of the retirement system 
Participating Local District Retirement Program and shall begin begins 
contributing at the current rate; and 
(2) 
When the person again retires, he shall receive the person must receive 
benefits computed on his the person's entire creditable service and in accordance 
with the law in effect at that time. 
Sec. 246. 5 MRS A §18524, sub-§2, as amended by PL 1991, c. 434, §4, IS 
further amended to read: 
2. Exception. A member with fewer than 5 years of continuous creditable service 
immediately preceding that member's application for a disability retirement benefit is not 
eligible for that benefit if the disability is the result of a physical or mental condition 
wfl.iefl that existed before the member's membership in the ~ retirement system program 
of the Maine Public Employees Retirement System, unless the disability is a result of, or 
has been substantially aggravated by, an injury or accident received in the line of duty but 
from events or circumstances not usually encountered within the scope of the member's 
employment. 
Sec. 247. 5 MRSA §18530, sub-§3, ~, as enacted by PL 1989, c. 409, §§ 11 
and 12, is further amended to read: 
D. 
+He If the retirement benefit payments are eliminated by this subsection-if: 
(1) The person sJ:tal.I. again become becomes a member of the retiremeAt system 
Participating Local District Retirement Program and begffi begins contributing at 
the current rate; and 
(2) 
When the person again retires, the person sJ:tal.I. must receive benefits 
computed on the basis of that person's entire creditable service and in accordance 
with the law in effect at that time; 
Sec. 248. 5 MRSA §18542, first ~, as enacted by PL 1991, c. 887, §19, IS 
amended to read: 
In the case of a participating local district having a retiremeAt system Participating 
Local District Retirement Program disability plan other than that provided by article 3 or 
3-A, which plan is in force on October 15, 1992, the following provisions apply on and 
after October 16, 1992: 
Sec. 249. 5 MRSA §18655, sub-§l, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
1. Local district. A local district may participate in the group life insurance program 
by filing with the board a duly certified copy of the resolution or record of the vote of the 
body ~ 
that would be entitled to approve participation in the retiremeAt system 
Participating Local District Retirement Program under section 18201. The resolution or 
record of the vote sJ:tal.I. must state which portions of the life insurance program 
established under this chapter sJ:tal.I. apply to the participating local district. 
Sec. 250. 5 MRSA §18663, first~, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
Any local district participating in the group life insurance program under this 
subchapter may withdraw from further participation by filing with the board a duly 
certified copy of the results of the vote of the body ~ 
that would be entitled to 
approve participation in the retiremeAt system Participating Local District Retirement 
Program under section 18201. This certification 4alt must include certification to the 
board that equivalent coverage has been provided. 
I 
Sec. 251. 5 MRSA §18801, sub-§4, as amended by PL 1993, c. 250, §4, is 
further amended to read: 
4. Implementation of plan. The board, as part of its rules, shall set the minimum 
number of local districts that must contract for participation and the minimum number of 
members before the plan is put into operation. The rules must contain provisions related 
to the transition from participation in chapter 425 to participation in this plan by local 
districts and for setting the date when participation of the employees of a participating 
local district in this plan begins. All local districts that are participating local districts 
under chapter 425 on the date the plan is put into operation must elect to join the 
consolidated plan, be transferred to the consolidated plan or withdraw from the system 
II 
Participating Local District Retirement Program, in accordance with rules established by 
the board. 
Sec. 252. 5 MRSA §18804, first~, as amended by PL 1993, c. 250, §6, is further 
amended to read: 
All local districts that are participating local districts under chapter 425 on the date 
the plan is put into operation may contract for participation in the plan in the manner 
provided in subsection 1 or 2 for other local districts. A participating local district that 
elects to be transferred into the consolidated plan must contract for participation 
according to the terms of its transfer, in accordance with rules established by the board. 
Other local districts may contract for the participation of their employees in the 
retirement system Participating Local District Retirement Program under this chapter in 
the manner provided by subsection I or 2. 
Sec. 253. 5 MRSA §18806, sub-§l, as enacted by PL 1989, c. 811, §3, is 
amended to read: 
1. Districts with employees covered by the Social Security Act. A participating 
local district with employees covered by the United States Social Security Act may 
provide service retirement benefits for employees not covered by a special plan wfl.tclt 
that equal 1 % of the member's average final compensation multiplied by the number of 
years of membership service. Members covered by this benefit shall contribute to the 
retirement system Participating Local District Retirement Program at the rate of 3% of 
I 
earnable compensation. 
Sec. 254. 5 MRSA §18806, sub-§2, as enacted by PL 1989, c. 811, §3, is 
amended to read: 
2. Defined contribution plan. A participating local district may provide for the 
participation of its employees who are members of the system Participating Local District 
Retirement Program under this chapter, in a defined contribution plan that is part of the 
consolidated plan provided by section 18801. Employees who choose not to become 
members under section 18801, subsection 1, paragraph D may also participate in the 
defined contribution plan. 
SUMMARY 
Public Law 2007, chapter 58 changed the name of the Maine State Retirement 
System to "Maine Public Employees Retirement System" to better reflect the broad range 
of groups that the system serves. This bill implements the effect of the name change by 
clarifying how the various retirement plans and other programs administered by the 
Maine Public Employees Retirement System are referenced in the system's governing 
statutes.