2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 4: CREDITABLE SERVICE › 5 §18360. Service in the armed forces

§18360. Service in the armed forces
Service credit for service in the Armed Forces of the United States is governed as follows. Except as provided in subsection 1, paragraph B, subparagraph (1), service credit under this section is limited to 5 years.   [PL 2003, c. 387, §8 (AMD).]
1.  Service after becoming a member.
A member is entitled to service credit for the period of time during which the member's membership is continued under section 18258, subsection 1, under the following terms and conditions.
A. A member who is otherwise entitled to service credit for military leave may not be deprived of these credits if the member's return to membership service is delayed beyond 90 days after the member's separation from the service in the Armed Forces of the United States, under conditions other than dishonorable, if the delay is caused by an illness or disability incurred in the service in the armed forces.   [PL 2003, c. 387, §9 (AMD).]
B. A member may not receive service credit for military leave beyond the end of the period of first enlistment or induction or beyond 5 years from the date of original call to active duty in the armed forces, whichever is less, unless:
(1) The member's return to active duty in the armed forces or the extension of the period of service beyond 5 years is required by some mandatory provision; and
(2) The member presents proof of the return to or extension of service satisfactory to the board.   [PL 2003, c. 387, §9 (AMD).]
[PL 2003, c. 387, §9 (AMD).]
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 Participating Local District Retirement Program is entitled to service credit for the period of time 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.   [PL 2001, c. 114, §4 (AMD).]
B. [PL 1991, c. 479, §6 (RP).]
C. The member must have separated from the armed forces under conditions other than dishonorable.   [PL 1985, c. 801, §§5, 7 (NEW).]
D. Except as provided in paragraph E, the member must have begun membership before January 1, 1976.   [PL 1985, c. 801, §§5, 7 (NEW).]
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.   [PL 2007, c. 249, §29 (AMD).]
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 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 1, 1976.   [PL 2007, c. 491, §230 (AMD).]
G. Upon complete payment of the back contributions under section 18311, 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 section 18311, the member must be granted service credit on a pro rata basis in accordance with rules adopted by the board.   [PL 2007, c. 491, §230 (AMD).]
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.   [PL 1985, c. 801, §§5, 7 (NEW).]
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 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.   [PL 2007, c. 491, §230 (AMD).]
[PL 2007, c. 491, §230 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1989, c. 95, §15 (AMD). PL 1991, c. 23, §3 (AMD). PL 1991, c. 479, §§5,6 (AMD). PL 2001, c. 114, §§4-6 (AMD). PL 2003, c. 387, §§8,9 (AMD). PL 2007, c. 249, §29 (AMD). PL 2007, c. 491, §230 (AMD).