Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-3 - MEMBERSHIP

Current through 2024-29, July 17, 2024
1.
Compulsory Membership
.
				Membership is compulsory for all employees who are in the service of a
				participating local district on the date when participation of the employees of
				that district in The Plan begins and who are members of the System on that date
				and for all employees entering the service of that district after that date,
				except as provided under subsection
				2 and
				3. A local district that is not a
				participating local district before July 1, 1993, shall designate in its
				resolution or order approving participation any class of employees otherwise
				provided for by local pension provisions who are excluded from membership in
				The Plan as provided under 5 M.R.S. §
									18804, sub-§
									3.
2.
Optional Membership
. Optional
				membership under The Plan for employees of participating local districts is
				governed as follows:
A.
Member When
				Participation of Employees Begins
. Membership is optional for employees
				in the service of a local district on the date when the participation in the
				Retirement System of the employees of the local district first begins, whether
				under 5 M.R.S., Chapters 425 or 427.
B.
Elected or Appointed
				Officials
. Membership is optional for elected officials and officials
				appointed for a fixed term.
C.
Trustees of Water, Sanitary and Sewer Districts
. Membership of
				trustees of water, sanitary and sewer districts is subject to the following:
(1)
Water districts
. Membership
				of trustees of a water district is governed by 35-A M.R.S., §
											6410, subsection
				8;
(2)
Sanitary districts
.
				Membership of trustees of a sanitary district is governed by 38 M.R.S. §
											1104.
(3)
Sewer districts
. Membership
				of trustees of a sewer district is governed by 38 M.R.S. §
											1036.
D.
Employees Covered by Social
				Security
. Membership is optional for an employee of a participating
				local district who is covered under the
United States Social Security
				Act
. Except as provided by paragraph H, optional membership for those
				employees is subject to 5 M.R.S. §
										18252.
E.
Employees Not Covered by Social
				Security
. Membership is optional for any employee of a participating
				local district that does not provide Social Security coverage provided that the
				district offers an alternative plan that meets the requirements of 5 M.R.S.
				§
										18252- B, and
				provided that the employee participates in the alternative plan. Optional
				membership for those employees is subject to 5 M.R.S. §
										18252-A as amended by
				PL
				2021, c. 90.
F.
Chief Administrative Officer
.
				Membership is optional for a chief administrative officer of a participating
				local district, whether appointed for a fixed term or whether appointed with
				tenure.
G.
Employees Not
				Subject to Municipal Public Employees Labor Relations Law
. Membership is
				optional for those employees who are not subject to the municipal public
				employees labor relations laws contained in 26 M.R.S., Chapter 9-A.
H. Membership for employees of a
				participating local district that provides a plan under 5 M.R.S. §
										18252-B is governed by 5 M.R.S.
				§
										18252-A as
				amended by PL
				2021, c. 90.
I. The provisions of 5 M.R.S. §
										18252-C apply only to employees
				of participating local districts who specifically adopt them in their
				participation agreement.