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2005 Maine Code - §17705 — Refund of accumulated contributions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
If the service of any member has terminated, except by death or by retirement under this Part, or if an optional member withdraws from the retirement system, the member must be paid the amount of the member's accumulated contributions, under the following conditions. [2003, c. 630, Pt. B, §3 (amd).]
1. Ten or more years of service. If the member has 10 or more years of creditable service at the time service is terminated, the member must have properly applied for a refund of accumulated contributions. Refunds of accumulated contributions are governed as follows.
A. Payment must be made after termination of service and not less than 22 days nor more than 60 days after receipt of the application and receipt of the last payroll upon which the name of the member appears, whichever occurs later. [1993, c. 387, Pt. A, §8 (amd).]
B. An application for refund is void if the member filing the application returns to service as a state employee or teacher before issuance of the payment. [1987, c. 256, §6 (new).]
C. Only contributions made by a particular member or picked up by the employer may be refunded to that member under this section. [1987, c. 739, §§18, 48 (amd).] [1993, c. 387, Pt. A, §8 (amd).]
2. Less than 10 years of service. If the member has less than 10 years of creditable service at the time service is terminated, refunds of accumulated contributions are governed as follows.
A. Payment must be made after termination of service and not less than 22 days nor more than 60 days after receipt of the application and receipt of the last payroll upon which the name of the member appears, whichever occurs later. [1993, c. 387, Pt. A, §9 (amd).]
B. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Interest on accumulated contributions related to a member's compensation for service rendered as a part-time, seasonal or temporary employee after December 31, 1991 must be added as required by 26 CFR Part 31. [1997, c. 651, §5 (amd).]
B. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) No interest may be added to the member's account for any period beyond the 5th anniversary of the date of the member's termination of service. [1987, c. 256, §6 (new).]
C. An application for refund is void if the member filing the application returns to service as a state employee or teacher before issuance of the payment. [1987, c. 256, §6 (new).]
D. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Except when inclusion of a portion of employer contributions is required by paragraph F, only accumulated contributions made by a particular member or picked up by the employer may be refunded to that member under this section. [1991, c. 619, §8 (amd); §18 (aff).]
D. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Only contributions made by a particular member or picked up by the employer may be refunded to that member under this section. [1987, c. 739, §§18, 48 (amd).]
E. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) The member must have properly applied for a refund of accumulated contributions, except that the retirement system may make an automatic refund of contributions if the member has not properly applied for a refund and the amount of accumulated contributions is less than $650. In the case of a part-time, seasonal or temporary employee the $650 limitation does not apply. [1991, c. 619, §8 (amd); §18 (aff).]
E. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) The member must have properly applied for a refund of accumulated contributions, provided that rules adopted by the board may provide for an automatic refund of contributions if the member has not properly applied for a refund and the amount of accumulated contributions is less than $650. [1987, c. 739, §§18, 48 (amd).]
F. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) The amount of the refund of accumulated contributions related to a member's compensation for service rendered as a part-time, seasonal or temporary employee after December 31, 1991 must be at least equal to 7.5% of the member's compensation for that service plus interest as provided by section 17156. The right to a refund under this paragraph is nonforfeitable until the member has accrued 10 years of creditable service but does not constitute a right to a retirement benefit. [1991, c. 619, §9 (new); §18 (aff).]
F. (TEXT REPEALED ON CONTINGENCY: See PL 1991, c. 619, §18) [1991, c. 619, §18 (rp).] [1997, c. 651, §5 (amd).]
3. Interest.[1987, c. 256, §6 (rp).]
4. Return to service.[1987, c. 256, §6 (rp).]
5. Applicability.[1987, c. 256, §6 (rp).]
Section History:
PL 1985, Ch. 801, §5,7 (NEW).
PL 1987, Ch. 256, §6 (RPR).
PL 1987, Ch. 739, §18,48 (AMD).
PL 1991, Ch. 619, §18 (AFF).
PL 1991, Ch. 619, §7-9 (AMD).
PL 1993, Ch. 387, §A8,9 (AMD).
PL 1997, Ch. 651, §5 (AMD).
PL 2003, Ch. 630, §B3 (AMD).
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