Maine § 5 §18254 Effect of district's withdrawal

Maine Statutes

§ 5 §18254 — Effect of district's withdrawal

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 20 STATE RETIREMENT SYSTEM·Ch. 425 PARTICIPATING LOCAL DISTRICTS

The withdrawal of a participating local district from the Participating Local District Retirement Program has the following effects on an employee of the district and on the district itself.

1.Employee eligible to withdraw accumulated contributions. An employee of the district whose membership in the Participating Local District Retirement Program was compulsory under section 18251 must make an election to remain a member under that program or to withdraw accumulated contributions within 90 days of the effective date of the employer withdrawal from the program under section 18203, subsection 2. An employee who elects to withdraw accumulated contributions under this subsection may not be a member of the program as an employee of that district. Once an election is made under this subsection

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The withdrawal of a participating local district from the Participating Local District Retirement Program has the following effects on an employee of the district and on the district itself.
1.
Employee eligible to withdraw accumulated contributions.
An employee of the district whose membership in the Participating Local District Retirement Program was compulsory under section 18251 must make an election to remain a member under that program or to withdraw accumulated contributions within 90 days of the effective date of the employer withdrawal from the program under section 18203, subsection 2. An employee who elects to withdraw accumulated contributions under this subsection may not be a member of the program as an employee of that district. Once an election is made under this subsection, the election is irrevocable with respect to all subsequent employment with the same employer when membership in the program is not mandatory if the employer later resumes participation in the program pursuant to section 18254‑A unless the employee is electing to rejoin the Participating Local District Retirement Program and:
2.
Person employed after district withdrawal.
A person who begins employment with the district after the effective date of withdrawal of the district from the Participating Local District Retirement Program may not be a member of that program as an employee of that district.
3.
Former employee receiving or eligible for retirement benefits.
Except as provided in subsection 5, for a former employee who is receiving retirement benefits or is eligible for retirement benefits, the district continues to be a participating local district and that person is subject to this Part.
4.
Former employee who has not withdrawn accumulated contributions.
For a former employee who has not withdrawn accumulated contributions from the Participating Local District Retirement Program, the district continues to be a participating local district and that person is subject to this Part.
5.
Conditions under which withdrawn participating local district is no longer participating local district.
A participating local district that has no former employees eligible for retirement benefits under subsection 3 and no former employees covered under subsection 4 is no longer a participating local district when:

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Legislative History

PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 739, §§30,48 (AMD). PL 2001, c. 181, §§8-10 (AMD). PL 2007, c. 491, §§203-206 (AMD). PL 2009, c. 474, §§35, 36 (AMD). PL 2021, c. 90, §4 (AMD).