Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 404 - MEMBERSHIP AND CREDITABLE SERVICE - PUBLIC SCHOOL TEACHERS › Section 411-404-1 - Teachers Membership

Current through 2024-29, July 17, 2024
1. After June 30,
				1991, membership in the System is compulsory for all persons employed in
				positions classified as teachers as defined by 5 MRSA, §17001, sub-section
				42, with the exception of retired teachers drawing a benefit under the Maine
				Public Employees Retirement System, and substitute teachers for whom membership
				is optional under 5 MRSA, §17652, sub-section 6. Before July 1, 1991,
				adult education teachers whose service is for less than 180 hours per school
				year, substitute teachers whose service is for less than 30 days in each school
				year and persons employed by a school administrative unit while they are at the
				same time enrolled as students in that or any other school administrative unit
				are not entitled to become members of the system.
2. Before July 1, 1991, membership in the
				System for adult education teachers, except those who are otherwise members of
				the System as teachers or state employees, will be mandatory after employment
				of 180 hours within one school year. Membership will not be available to
				persons in these positions until the completion of 180 hours of employment
				within one school year. Individuals in these programs who are members as of
				September 1, 1978, will be permitted to continue membership.
3. Before July 1, 1991, membership in the
				System for substitute teachers will be on the following basis:
A. A substitute teacher who has a contract
				for full-time employment with a school administrative unit shall become a
				member beginning with the first day of employment.
B. A substitute teacher, except as required
				by paragraph 1, may not become a member prior to completion of 30 days of
				service in a school year.
C. A
				substitute teacher shall become a member upon completion of 30 days of service
				in a school year. If a person substitutes in several school administrative
				units, all service shall be combined to determine the completion of 30 days of
				service. A person who works as a substitute teacher in more than one school
				administrative unit shall keep a record of the days of service prior to
				completion of 30 days of service in a school year and upon completion of 30
				days of service shall notify his employer.
D. Prior to employing a substitute teacher,
				an employer shall determine, by appropriate inquiry, whether or not a
				substitute teacher is a member of the System. If it is determined that a
				substitute teacher is not a member, the employer shall determine, by
				appropriate inquiry, the number of days of service the substitute teacher has
				for the current school year. The employer of a substitute teacher who has
				completed 30 days of service in a school year shall require the substitute
				teacher to complete an application for membership in the Maine Public Employees
				Retirement System and shall deduct contributions beginning with the 31st day of
				employment.
E. When an application
				for membership for a substitute teacher is sent to the Retirement System,
				certification of the substitute teacher's 30 days of service in the current
				school year shall be sent with it. The certification from each school
				administrative unit shall include name of school administrative unit, dates of
				employment and salary paid. The substitute teacher may pay the required
				contribution and receive service credit for the 30 days of service in that
				year.
F. After having become a
				member, membership shall continue and contributions shall be deducted from the
				compensation of a substitute teacher during the current year and in subsequent
				years regardless of the number of days of service in the subsequent
				years.