Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-4 - PORTABILITY OF SERVICE CREDITS; ELIGIBILITY TO RETIRE, COMPUTATION OF BENEFIT

Current through 2024-29, July 17, 2024
1.
Two or
				More Employers under The Plan
. A member's benefits are based upon all
				creditable service with all participating employers while a member under The
				Plan, and creditable service with the member's employer on the date the member
				began participation under The Plan. When a member under The Plan terminates
				employment and is subsequently reemployed by another employer whose employees
				participate in The Plan, the member is not considered to be reemployed by a new
				employer. If the member is reemployed by the subsequent employer as of the
				first work day following termination of employment with the previous employer,
				for the purpose of determining eligibility for benefits, the member is
				considered to have continuous membership and creditable service.
2.
Previous Employer Not under The
				Plan
; Subsequent Employer under The Plan. When a member either
				terminates employment with an employer that has withdrawn from the System, or
				terminates employment with another employer under the System whose employees
				are not covered by The Plan, and is employed by a subsequent employer whose
				employees are members under The Plan, the member's creditable service with the
				previous employer is used in determining eligibility to retire under the
				subsequent employer's regular service retirement benefit plan under Section
				7. Benefits for service with the
				previous employer are based upon creditable service and earnable compensation
				with the previous employer and the provisions of 5 M.R.S., Part 20 in effect
				with respect to the previous employer at the date of termination of service by
				the member. A county or municipal law enforcement officer or a municipal
				firefighter who is eligible under 5 M.R.S. §
									18253, sub-§
									1, paragraph E, and who elects to
				make the contribution necessary under Section
				5, subsection
				1, paragraph K may include all or
				part of the creditable service earned with a previous employer with service
				earned with the new employer both for the purpose of qualification for a
				service retirement benefit and for the benefit computation.
3.
Previous Employer under The
				Plan
; Subsequent Employer Not under The Plan. Membership, creditable
				service and benefits of a member under The Plan who terminates employment and
				is reemployed as a state employee or teacher are governed by 5 M.R.S. §
									17656, sub-§
									1. Until July 1, 1996, membership,
				creditable service and benefits of a member under The Plan who terminates
				employment and is reemployed by a participating local district whose employees
				do not participate in The Plan are governed by 5 M.R.S. §
									18253, sub-§
									1. As required by Section
				2, paragraph 1, as of July 1, 1996,
				each local district that is a participating local district must have either
				entered into an agreement to participate in The Plan or have withdrawn from
				participation in the Retirement System.
4.
Service under Two or More Special
				Service Retirement Benefit Plans; Eligibility to Retire
. If a member
				accrues service credits under more than one special service retirement benefit
				plan in The Plan, whether with the same employer or more than one employer,
				credit from service under other special plans toward meeting the retirement
				eligibility requirements of the special plan from which the member retires is
				transferred based upon the percentage of the eligibility requirements for the
				previous plan or plans which were met while under the previous plan or plans.
				For example, a member who accrues 10 years of creditable service under Special
				Service Retirement Benefit Plan 1 (1/2 of AFC after 20 years) would have
				completed 50% of the eligibility requirement under that plan and upon
				transferring to employment under Special Service Retirement Benefit Plan 2 (1/2
				of AFC after 25 years) would be entitled to 50% of the eligibility requirements
				for that plan; i.e., 12.5 years. The member's benefit would be calculated at
				2.5% of AFC for each year under Plan 1 and at 2% for each year under Plan
				2.
5.
Service under Two or
				More Service Retirement Benefit Plans - One Regular and One Special;
				Eligibility to Retire
A.
Regular
				Service before Special Service
. If a member under The Plan accrues
				service credits under a regular service retirement plan before accruing service
				credits under a special service retirement benefit plan, whether with the same
				employer or more than one employer,
(1) the
				member may retire at any time after the member qualifies for a special service
				retirement benefit under Section
				8. The regular plan service credits
				may be used toward qualifying to retire under a special service retirement
				benefit as provided in Section
				8. The regular plan service credits
				used towards qualification for a special service retirement benefit are
				considered to be special plan service credits for the purpose of computation of
				the special service retirement benefit as provided in Section
				8. If the application of the
				provisions of Section
				4, subsection
				6 would result in a greater service
				retirement benefit, then the benefit will be computed under that
				section.
(2) A member who does not
				qualify to retire under a special service retirement plan may retire under a
				regular service retirement plan at any time after the member qualifies under
				Section 7. The service
				retirement benefit for all service is computed as provided in Section
				7.