LD 1752
pg. 1
LD 1752 Title Page An Act To Update Laws Affecting the Military Page 2 of 3
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LR 2491
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §17652, sub-§5, as reallocated by RR 2003, c. 1, §4,
is amended to read:

 
5. Certain members of the Maine National Guard. A member of
the Maine National Guard who is not governed by section 17651 and
who is on active state service for more than 15 5 consecutive
days pursuant to Title 37-B may elect to be a member of the Maine
State Retirement System. A member of the Maine National Guard on
active state service pursuant to Title 37-B who does not elect to
participate in the Maine State Retirement System or is not
eligible to participate in the Maine State Retirement System
shall participate in the United States Social Security System.
Once a member of the Maine National Guard makes an election under
this subsection, that election is irrevocable. A member of the
Maine National Guard on active state service pursuant to Title
37-B may participate in the tax-deferred arrangement of chapter
67.

 
Sec. 2. 18-A MRSA §5-207, sub-§(c), as amended by PL 1999, c. 303, §1,
is further amended to read:

 
(c) If necessary, the court may appoint a temporary guardian,
with the status of an ordinary guardian of a minor, but the
authority of a temporary guardian may not last longer than 6
months.

 
Notwithstanding this subsection, if one of the parents of the
minor is a member of the Reserves of the United States Armed
Forces under an order to active duty for a period of more than 30
days, a temporary guardianship that would otherwise expire is
automatically extended until 30 days after the parent is no
longer under those active duty orders or until an order of the
court so provides.__This exception applies only if the parent's
service is in support of:

 
(1)__An operational mission for which members of the reserve
components have been ordered to active duty without their
consent; or

 
(2)__Forces activated during a period of war declared by
Congress or a period of national emergency declared by the
President or Congress.

 
Notice of hearing on the petition for the appointment of a
temporary guardian must be served as provided under subsection
(a), except that the notice must be given at least 5 days before
the hearing, and notice need not be given to any person whose
address and present whereabouts are unknown and cannot can not be


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