CHAPTER 699
H.P. 1686 - L.D. 2185
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17001, sub-§42, ¶A, as repealed and replaced by PL 1989, c. 878, Pt. D, §4, is amended to read:
A. Any employee of a public school who fills any position that the Department of Education requires be filled by a person who holds the appropriate certification or license required for that position and:
(1) Holds appropriate certification from the Department of Education, including an employee whose duties include, in addition to those for which certification is required, either the setup, maintenance or upgrading of a school computer system the use of which is to assist in the introduction of new learning to students or providing school faculty orientation and training related to use of the computer system for educational purposes; or
(2) Holds an appropriate license issued to a professional employee by a licensing agency of the State;
Sec. 2. 5 MRSA §17857, sub-§3, ¶B, as amended by PL 1999, c. 731, Pt. CC, §11, is repealed.
Sec. 3. 5 MRSA §18252, sub-§6, as enacted by PL 1989, c. 677, §§2 and 3, is amended to read:
6. Restoration to service. If any person who is the recipient of a service retirement benefit is covered by the United States Social Security Act upon being restored to service, continuation of that person's benefit is not subject to section 18457, but is governed by the following.
A. The person may elect to have the service retirement benefit continued during the period of time the person is restored to service and the person may not accumulate any additional service credits.
B. The person may elect to have the service retirement benefit terminated, again become a member of the retirement system and begin contributing at the current rate.
(1) The person is entitled to accumulate additional service credits during the period of time the person is restored to service.
(2) When the person again retires, the person is entitled to receive benefits computed on the person's entire creditable service and in accordance with the law in effect at the time.
C. Upon being restored to service, the person shall elect to have benefits either continued or terminated. If written notification of the person's election is not received by the executive director within 30 60 days of restoration to service, the person is deemed to have elected the provisions of paragraph B A. The election, regardless of how it is made, is irrevocable during the period of restoration to services.
Sec. 4. 5 MRSA §18457, as amended by PL 1987, c. 739, §§43 and 48, is repealed.
Sec. 5. 5 MRSA §18462, sub-§2, ¶B, as enacted by PL 1989, c. 79, §3, is repealed.
Sec. 6. 5 MRSA §18462, sub-§3, ¶B, as enacted by PL 1989, c. 79, §3, is repealed.
Sec. 7. PL 2001, c. 442, §5 is amended to read:
Sec. 5. Status of employees who have retired and returned to covered employment under the Maine State Retirement System. Notwithstanding the Maine Revised Statutes, Title 5, section 17651, and, except as provided in Title 5, section 17857, subsection 2, recipients of a service retirement benefit from the Maine State Retirement System who have returned to covered employment under the retirement system in a position that would otherwise be covered by the retirement plan for state employees and teachers may not contribute to the retirement system, do not earn creditable service for their employment after retirement and do not earn any additional retirement benefits as a result of that employment. They may participate in other retirement options available to similar employees, including the state program of tax-deferred arrangements under Title 5, chapter 67, at the discretion of their employer. For purposes of participation in the state employee health insurance program pursuant to the Maine Revised Statutes, Title 5, section 285 or in dental health insurance coverage offered by the State, recipients of a service retirement benefit under the Maine State Retirement System who are retired state employees and who are reemployed as state employees must be treated as retirees under section 285, subsection 1-A for purposes of eligibility for coverage under the group plan.
Sec. 8. Status of employees who have retired and returned to covered participating local district employment under Maine State Retirement System. Notwithstanding the Maine Revised Statutes, Title 5, section 18251, subsection 1, recipients of a service retirement benefit from the Maine State Retirement System for service in the employment of a participating local district who have returned to covered employment under the retirement system in a position that would otherwise be covered by the retirement plan for a participating local district may not contribute to the retirement system, do not earn creditable service for their employment after retirement and do not earn any additional retirement benefits as a result of that employment.
Effective July 25, 2002, unless otherwise indicated.
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