| *Sec. 5. Status of employees who have retired and returned to covered employment under |
Maine State Retirement System; choice to retire rather than continue to work. |
Notwithstanding the Maine Revised Statutes, Title 5, section 17651 |
and section 17652, recipients of a service retirement benefit from |
the Maine State Retirement System who have returned to covered |
employment under the retirement system in a position that would |
otherwise be covered by the retirement plan for state employees and |
teachers may not rejoin the retirement system, do not earn |
creditable service for their employment after retirement and do not |
earn any additional retirement benefits as a result of that |
employment. By retiring 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 system service credit or earnable compensation related |
to return to employment after retirement. Recipients of a service |
retirement benefit from the retirement system may participate in |
other retirement options available to similar employees, including |
the state program of tax-deferred arrangements under Title 5, |
chapter 67, at the discretion of their employer. For purposes of |
participation in the state employee health insurance program |
pursuant to the Maine Revised Statutes, Title 5, section 285 or in |
dental health insurance coverage offered by the State, recipients |
of a service retirement benefit under the Maine State Retirement |
System who are retired state employees and who are reemployed as |
state employees must be treated as retirees under section 285, |
subsection 1-A for purposes of eligibility for coverage under the |
group plan. A recipient of a service retirement benefit under the |
Maine State Retirement System who is a retired teacher and who |
returns to work as a teacher under this Act is eligible for |
coverage under the group health insurance plan for active teachers |
in the school administrative unit in which newly employed. For |
purposes of participation in the group accident and sickness or |
health insurance for retired teachers pursuant to Title 20-A, |
section 13451, a recipient of a service retirement benefit under |
the Maine State Retirement System who is a retired teacher who |
returns to work under this Act is eligible upon ceasing work to |
return to coverage under the group health insurance plan in effect |
for active teachers in the school unit from which the teacher |
originally retired, including state payment of a percentage of the |
premium cost under section 13451. |