§ 5 §19002 — Definitions

As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings.
1.
Civilian employees of the Maine National Guard.
The phrase "the civilian employees of the Maine National Guard who are employed pursuant to section 90 of the National Defense Act of June 3, 1916 (32 U.S.C., Sec. 42)" means the civilian employees of the Maine National Guard who are employed pursuant to section 90 of the National Defense Act of June 3, 1916 (32 U.S.C., Sec. 42) and paid from funds allotted to the Maine National Guard by the Department of Defense and such employees shall, for the purpose of this chapter, be deemed to be employees of the State of Maine; provided that this chapter shall apply to the Maine National Guard, with respect to such employees, as if it constituted a "political subdivision" within the meaning of this section.
2.
Employee.
The term "employee" includes an officer of a political subdivision of the State.
3.
Employment.
The term "employment" means any service performed by an employee in the employ of any political subdivision of the State, for such employer, except service which in the absence of an agreement entered into under this chapter would constitute "employment" as defined in the Social Security Act; or service which under the Social Security Act may not be included in an agreement between the State and the Federal Security Administrator entered into under this chapter. Employment in positions covered by any retirement system supported wholly or in part by the State or any of its subdivisions may not be included in such agreement.
4.
Federal Insurance Contributions Act.
The term "Federal Insurance Contributions Act" means the Federal Internal Revenue Code, chapter 9, subchapter A, as such Code has been and may from time to time be amended.
5.
Federal Security Administrator.
The term "Federal Security Administrator" includes an individual to whom the Federal Security Administrator has delegated any of the Federal Security Administrator's functions under the Social Security Act with respect to coverage under that Act of employees of states and their political subdivisions.
6.
Political subdivision.
The term "political subdivision" includes an instrumentality of the State of Maine, of one or more of its political subdivisions, the University of Maine System, academies, water, sewer and school districts and associations of municipalities, or an instrumentality of the State and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision.
7.
Social Security Act.
The term "Social Security Act" means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620 officially cited as the "Social Security Act," including regulations and requirements issued pursuant thereto, as such Act has been and may from time to time be amended.
8.
State agency.
The term "state agency" means the Maine Public Employees Retirement System.
9.
Wages.
The term "wages" means all remuneration for employment as defined, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that Act.

Legislative History

PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 402, §A75 (AMD). PL 2007, c. 58, §3 (REV). RR 2023, c. 2, Pt. B, §160 (COR).