CHAPTER 583

H.P. 1274 - L.D. 1752

An Act To Update Laws Affecting the Military

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 §5-104, sub-§b, as enacted by PL 1997, c. 455, §7, is amended to read:

(b) Notwithstanding subsection (a), unless otherwise stated in the power of attorney, if the parent or guardian is a member of the National Guard or Reserves of the United States Armed Forces Reserve under an order to active duty for a period of more than 30 days, a power of attorney that would otherwise expire is automatically extended until 30 days after the parent or guardian is no longer under those active duty orders or until an order of the court so provides.