An Act To Allow a 5-year Open Enrollment in the Participating Local District Retirement Program for Certain Law Enforcement Officers, Firefighters and Other Municipal Employees
Maine Legislature, Session 130, LD 1103
Committee: Labor and Housing
Sponsors: BAILEY, SYLVESTER, BALDACCI, CLAXTON, CURRY, MAXMIN, RAFFERTY, GRAMLICH
Amends: 5 MRSA §18251, 5 MRSA §18252, 5 MRSA §18252-A, 5 MRSA §18252-C

Legislative Document
No. 1103
S.P. 364
In Senate, March 22, 2021
An Act To Allow a 5-year Open Enrollment in the Participating 
Local District Retirement Program for Certain Law Enforcement 
Officers, Firefighters and Other Municipal Employees
Received by the Secretary of the Senate on March 18, 2021.  Referred to the Committee on 
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Representative SYLVESTER of Portland and
Senators: BALDACCI of Penobscot, CLAXTON of Androscoggin, CURRY of Waldo, 
MAXMIN of Lincoln, RAFFERTY of York, Representative: GRAMLICH of Old Orchard 
Beach.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §18251, sub-§3, as amended by PL 2013, c. 555, §1, is further 
amended by amending the first blocked paragraph to read:
A Except as provided in section 18252-C, a person must make an election at the time of 
initial hire, or on the date of first eligibility to participate, whichever occurs earlier, whether 
to be a member of the program.  Once an election is made under this subsection, the election 
is irrevocable with respect to all subsequent employment with the same employer when 
membership in the program is not mandatory.
Sec. 2.  5 MRSA §18252, first ¶, as amended by PL 2011, c. 449, §14, is further 
amended to read:
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 with Social Security coverage may 
elect to be a member in the Participating Local District Retirement Program.  A Except as 
provided by section 18252-C, a person must make an election at the time of initial hire or 
on the date of first eligibility to participate, whichever occurs earlier, whether to be a 
member of the program.  Once an election is made under this section, the election is 
irrevocable with respect to all subsequent employment with the same employer when 
membership in the program is not mandatory.
Sec. 3.  5 MRSA §18252-A, sub-§1, ¶A, as amended by PL 2011, c. 449, §15, is 
further amended to read:
A.  A Except as provided by section 18252-C, 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 initial hiring or rehiring 
whether to be a member under the Participating Local District Retirement Program or 
to be covered under a plan provided by the employer under section 18252‑B.  Once an 
election is made under this paragraph, the election is irrevocable with respect to all 
subsequent employment with the same employer when membership in the program is 
not mandatory.
Sec. 4.  5 MRSA §18252-A, sub-§1, ¶B, as amended by PL 2009, c. 474, §33, is 
further amended to read:
B.  An employee of the participating local district who is a member under the 
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 that 
program or to become covered under a plan provided by the employer under section 
18252‑B.  A Except as provided by section 18252-C, a person must make an election 
within 90 days of the date on which the employer provides a plan under section 
18252‑B.  Once an election is made under this paragraph, the election is irrevocable 
with respect to all subsequent employment with the same employer when membership 
in the program is not mandatory.
(1)  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 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.
Sec. 5.  5 MRSA §18252-C is enacted to read:
§18252-C.  Delayed election of membership; annual open enrollment
Employees who were eligible to participate in the Participating Local District 
Retirement Program under section 18251, subsection 3, section 18252 and section 
18252-A, subsection 1 at the beginning of employment but did not join may do so as 
governed by this section.
1.  Delayed election of membership.  An employee who was first eligible to 
participate in the Participating Local District Retirement Program who elects not to join the 
Participating Local District Retirement Program at the beginning of that employee's 
employment may become a member at any time up to and including that employee's 
5th-year employment anniversary with that employer pursuant to subsection 2.
2.  Annual open enrollment period.  An employee under this section may elect to join 
the Participating Local District Retirement Program through an annual open enrollment 
period from September 1st to November 1st, beginning in 2022.
3.  Creditable service granted.  An employee who elects to join the Participating 
Local District Retirement Program under this section is entitled to creditable service as 
governed by section 18358. 
4.  Member contributions.  Member contributions for an employee that joins the 
Participating Local District Retirement Program under this section are governed by section 
18301, unless otherwise specified in subchapter 3.
5. Rules.  The board may adopt rules to implement this section. Rules adopted pursuant 
to this subsection are routine technical rules pursuant to chapter 375, subchapter 2-A.
Sec. 6.  Application.  Notwithstanding the Maine Revised Statutes, Title 5, section 
18252-C, subsection 1, an employee who has been employed for more than 5 years on the 
effective date of this Act may make a one-time election to join the Participating Local 
District Retirement Program by November 1, 2021. A person electing to join must be 
granted service as described in Title 5, section 18252-C, subsection 3 and must make 
contributions according to Title 5, section 18252-C, subsection 4.
SUMMARY
This bill allows employees in a participating local district to enroll in the Participating 
Local District Retirement Program up to and including that employee's 5th-year 
employment anniversary through an annual open enrollment. It also provides a one-time 
election for participating local district employees whose 5-year work anniversary has 
passed to join the Participating Local District Retirement Program.