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| 40. State employee. "State employee" means any regular | classified or unclassified officer or employee in a department, any | employee of the Maine Community College System except those who | make the election provided under Title 20-A, section 12722, any | employee of the Maine Educational Center for the Deaf and Hard of | Hearing and the Governor Baxter School for the Deaf except as | provided in Title 20-A, section 7407, subsection 3-A, any employee | of the Maine Military Authority, any employee of the Northern New | England Passenger Rail Authority and any employee transferred from | the Division of Higher Education Services to the Finance Authority | of Maine who elects to be treated as a state employee, but does not | include: |
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| A. A judge, as defined in Title 4, section 1201 or 1301, | who is now or later may be entitled to retirement benefits | under Title 4, chapter 27 or 29; |
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| B. A member of the State Police who is now entitled to | retirement benefits under Title 25, chapter 195; or |
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| C. A Legislator who is now or later may be entitled to | retirement benefits under Title 3, chapter 29. |
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| | Sec. 4. 5 MRSA §19508, as enacted by PL 1989, c. 837, §1, is | amended to read: |
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| §19508. Application to residents in children's homes |
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| | This chapter also applies to exceptional students in | children's homes, emergency shelters, family foster homes, | specialized children's homes and residential child care | facilities, as defined in Title 22, section 8101, and to other | residential educational facilities, including the Maine | Educational Center for the Deaf and Hard of Hearing and the | Governor Baxter School for the Deaf and other similar facilities. |
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| | Sec. 5. 20-A MRSA c. 304, as amended, is further amended by | repealing the chapter headnote and enacting the following in its | place: |
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| MAINE EDUCATIONAL CENTER FOR THE DEAF |
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| AND HARD OF HEARING AND THE GOVERNOR |
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| BAXTER SCHOOL FOR THE DEAF |
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| | Sec. 6. 20-A MRSA §7401, as amended by PL 1999, c. 775, §1, is | further amended to read: |
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