2005 Maine Code - §17652 — Optional membership

      1. Elected and appointed officials. Membership in the retirement system is optional for elected officials or officials appointed for a fixed term.[1985, c. 801, §§5, 7 (new).]
      2. Delayed election of membership. A person who elects not to join the retirement system at the beginning of his employment may at any time apply for and be admitted to membership.
   
A. [2003, c. 261, §1 (rp).]    
A-1. A person who joins the retirement system under this subsection may purchase service credit for the period during which the person served as an elected official or official appointed for a fixed term but was not a member of the retirement system. [2003, c. 261, §2 (new).]    
B. Membership service credit for persons joining the retirement system under this subsection shall begin as of the effective date of first contributions or pick-up contributions to the system. [1987, c. 739, §§9, 48 (amd).]    
C. This subsection applies to any member who begins membership after December 31, 1985. [1985, c. 801, §§5, 7 (new).] [2003, c. 261, §§1, 2 (amd).]
      2-A. Reentry. A person whose membership is optional and who becomes a member after having previously withdrawn from the retirement system may purchase service credit for the time served in eligible service as follows. If qualified under both paragraphs A and B, the person may purchase time under both paragraphs.
   
A. If the person withdrew accumulated contributions at the time of withdrawal, the person may repurchase that prior service credit by repaying those contributions pursuant to section 17703. [2003, c. 261, §3 (new).]    
B. For the purchase of time for which the person was not a member, the person must pay the amount set forth in section 17704-A. [2003, c. 261, §3 (new).] [2003, c. 261, §3 (new).]
      3. Certain employees of the Maine Community College System. Notwithstanding section 17651, membership in the retirement system is optional for employees of the Maine Community College System who are eligible to participate in a retirement plan pursuant to Title 20-A, section 12722.[1997, c. 763, §3 (new); §7 (aff); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]
      4. Limitation on election to join or rejoin retirement system. Notwithstanding any other law, confidential employees of the Maine Community College System who are not represented in a collective bargaining unit may join or rejoin the system under this section only upon the written authorization of the Board of Trustees of the Maine Community College System. The board of trustees shall authorize the person to join or rejoin the retirement system when the Maine Community College System Office or other Maine Community College System entity that employs the individual seeking to join or rejoin has identified and designated the funds necessary to pay for the cost of that person's joining or rejoining the retirement system.[2003, c. 261, §4 (new).]

(REALLOCATED TO T. 5, §17652, sub-§5)

      4. Certain members of the Maine National Guard.[2003, c. 404, §1 (new); RR 2003, c. 1, §4 (ral).]

(REALLOCATED FROM T. 5, §17652, sub-§4)

      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 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.[2003, c. 583, §1 (amd).]

Section History:

PL 1985,  Ch. 801,   §5,7 (NEW).
PL 1987,  Ch. 739,   §9,48 (AMD).
PL 1995,  Ch. 180,   §1 (AMD).
PL 1997,  Ch. 763,   §3 (AMD).
PL 1997,  Ch. 763,   §7 (AFF).
PL 2003,  Ch. 20,   §OO2 (AMD).
PL 2003,  Ch. 20,   §OO4 (AFF).
PL 2003,  Ch. 261,   §1-4 (AMD).
PL 2003,  Ch. 404,   §1 (AMD).
PL 2003,  Ch. 583,   §1 (AMD).
RR 2003,  Ch. 1,   §4 (COR).