| | | from a position covered under the retirement system, an employee | | exercises that employee's choice between continuing to work and | | thereby continuing to accrue retirement service credit and, | | potentially, an increased earnable compensation, and retiring, | | with both service credit and earnable compensation thereby | | becoming fixed.__The employee's retirement constitutes the | | employee's knowing and voluntary waiver of any claim of any | | nature under federal or state law with respect to retirement | | service credit or earnable compensation related to return to | | employment after retirement.__This section applies only to | | retired participating local district employees to whom Title 5, | | section 17001, subsection 32, paragraph B applies. |
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| | | Sec. 17. PL 2001, c. 699, §§9 and 10 are enacted to read: |
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| | | *Sec. 9.__Interpretation and application; rulemaking.__The provisions of this | | Act that establish the opportunity to retire from a position | | covered under the retirement system and to thereafter return to | | work in a position covered under the retirement system with no | | reduction of retirement benefits or limitation on compensation | | must be interpreted and applied in a manner that meets applicable | | requirements of federal law and regulation, including, but not | | limited to, the Internal Revenue Code and Internal Revenue | | Service regulations.__The retirement system shall adopt rules for | | the interpretation and application of the provisions that reflect | | these requirements.__Rules adopted under this section are routine | | technical rules as defined in the Maine Revised Statutes, Title | | 5, chapter 375, subchapter 2-A. |
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| | | *Sec. 10.__Reporting requirements.__Retirement system employers are required | | to identify and report to the retirement system, in the manner specified | | by the retirement system, each individual who is a retiree who becomes an | | employee of the employer.__The employer shall report each such employee | | whenever and so long as an employee is the employer's employee.__The | | employer shall inquire of individuals hired to ascertain whether an | | individual is a retiree and the individual shall disclose that.__ | | "Employer" includes the State, all school administrative units and all | | participating local districts.__"Employee" means an already retired | | individual receiving a Maine State Retirement System retirement benefit, | | regardless of the retirement system plan retired under, who after | | retirement is employed by an employer as defined in this section.__ | | "Retire" means to receive a retirement benefit from the retirement | | system.__"Retiree" means an individual who receives a retirement benefit | | from the retirement system under any of the retirement system's | | retirement plans. |
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