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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 693
H.P. 1360 - L.D. 1836

An Act To Amend the Laws Governing Purchase of Military Time Served under the Maine State Retirement System

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

     Sec. 1. 5 MRSA §17001, sub-§10, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

     10. Creditable service. "Creditable service" means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 2 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2.

     Sec. 2. 5 MRSA §17713, sub-§2, as amended by PL 1993, c. 349, §16, is further amended to read:

     2. Service before becoming a member. A member who qualifies under section 17760 to purchase service credit at the cost set forth in section 17760, subsection 2, 4 shall contribute to the retirement system for the period of service in the armed forces as follows:.

     Sec. 3. 5 MRSA §17760, as amended by PL 2003, c. 387, §§2 and 3, is further amended to read:

§17760. Service in the armed forces

     Service credit for service in the United States Armed Forces is governed as follows. Except as provided in subsection 1, paragraph B, subparagraph (1), service credit under this section is limited to 5 years.

     1. Service after becoming a member. A member is entitled to service credit for the period of time during which the member's membership is continued under section 17655, subsection 1, under the following terms and conditions. Except as provided in paragraph B, service credit under this subsection is limited to 5 years.

     2. Service before becoming a member. A member who served as a full-time active duty member of the armed forces before becoming a member of the retirement system is entitled to service credit for the period of time he served in the armed forces, under the following terms and conditions.

     3. Service before becoming member. A member who served as a full-time active duty member of the United States Armed Forces before becoming a member and who separated from the armed forces under conditions other than dishonorable is entitled under this subsection to purchase service credit for the period of time that the member served in the armed forces by complying with the terms and conditions of this subsection and the applicable provisions of subsection 4 or 5. Service credit under this subsection is limited to 4 years.

     4. Members qualified for credit at subsidized cost. A member qualified under subsection 3 to purchase service credit at the cost set forth in this subsection is entitled to service credit upon payment of back contributions under section 17713, subsection 2. Upon complete payment of back contributions, the member must be granted service credit for the period of time for which payment is made. Upon making partial payment, the member must be granted service credit on a pro rata basis in accordance with rules adopted by the board.

     5. Members qualified for credit at actuarial cost. A member qualified under subsection 3 to purchase service credit at the cost set forth in this subsection is entitled to service credit if the member pays into the Members' Contribution Fund an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service.

     6. Cost subsidy for certain award recipients; annual report. A recipient of an award described in subsection 3, paragraph A, subparagraph (3) may purchase service credit at a subsidized cost under subsection 4 only if the retirement system has received an appropriation of the difference between the actuarial cost of that member's service credit and the amount to be paid by the member under subsection 4.

     Sec. 4. 5 MRSA §17851, sub-§4, ¶A, as amended by PL 1997, c. 740, §3 and affected by §6, is further amended to read:

     Sec. 5. 5 MRSA §17851, sub-§5, ¶B, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

     Sec. 6. 5 MRSA §17851, sub-§6, ¶B, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

Effective July 30, 2004, unless otherwise indicated.

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