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payments as set forth in section 17704-B, as a result of days | | off without pay as authorized by legislative action, by the | | State Court Administrator or from executive order for the | | fiscal year beginning July 1, 2002, or, if a member is subject | | to days off without pay, not to exceed 10 days in each fiscal | | year ending June 30, 1992 and June 30, 1993, as a result of | | actions taken by local school administrative units to offset | | school subsidy reductions or, notwithstanding section 18202, | | as a result of actions of a participating local district to | | offset reductions in municipal revenue sharing or a | | combination thereof, for the fiscal years ending June 30, 1992 | | and June 30, 1993, the 3-year average final compensation must | | be determined as if the member had not been temporarily laid | | off, reduced in pay or provided days off without pay; or |
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| | | Sec. 4. 5 MRSA §17704-B is enacted to read: |
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| | | §17704-B.__Back contributions for certain days off without pay |
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| | | 1.__Election.__If the retirement system determines at the time | | a member retires that the member's benefit would be increased as | | a result of the inclusion of compensation that would have been | | paid for fiscal year 2002-03 days off without pay as provided in | | section 17001, subsection 4, paragraph A, the retirement system | | shall advise the member of that result and shall allow the member | | to elect to have that compensation included in the calculation of | | the member's benefit and to make payments set forth in subsection | | 2. |
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| | | 2.__Payment.__The amount that a member who makes the election | | permitted in subsection 1 must pay is the amount equal to the | | employee contribution that member would have made on wages that | | would have been paid to that member on the days off without pay | | during the 2002-03 fiscal year as provided in section 17001, | | subsection 4, paragraph A, plus interest at the same rate as that | | required for payment of back contributions pursuant to section | | 17704, subsection 3.__If the member elects to make the payment, | | the retirement system shall withhold the required amount from the | | member's first retirement benefit check. |
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| | | 3.__Benefit calculation.__If the member fails to make the | | election within 31 days of the notification provided under | | subsection 1, the retirement system shall calculate the member's | | retirement benefit without inclusion of the days off without pay | | during the 2002-03 fiscal year as provided in section 17001, | | subsection 4, paragraph A. |
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| | | Sec. 5. Employee contribution; transition. A member of the Maine State | | Retirement System or the Maine Judicial Retirement |
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