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Public Law
123rd Legislature
First Regular Session
Chapter 305
H.P. 258 - L.D. 323
An Act Permitting Substitute Teachers To Opt Out of the Maine State Retirement System
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17601, sub-§2,  as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
 
2. Teachers.   Each superintendent or chief administrator of a public school shall submit the information set out in subsection 1 to the board for all teachers, except substitute teachers who elect not to become members of the retirement system pursuant to section 17652, subsection 6.
Sec. 2. 5 MRSA §17652, sub-§2,  as amended by PL 2003, c. 261, §§1and 2, is further amended to read:
 
2. Delayed election of membership.   A person, including a substitute teacher, who elects not to join the retirement system at the beginning of histhat person’s employment may at any time apply for and be admitted to membership. 
 
A-1.  A person who joins the retirement system under this subsection may purchase service credit for the period during which the person served as an elected official or official appointed for a fixed term or was employed as a substitute teacher but was not a member of the retirement system.
 
B.  Membership service credit for persons joining the retirement system under this subsection shall beginbegins as of the effective date of first contributions or pick-up contributions to the system.
 
C.  This subsection applies to any member who begins membership after December 31, 1985.
Sec. 3. 5 MRSA §17652, sub-§6  is enacted to read:
 
6.  Substitute teachers.     Notwithstanding section 17651, membership in the retirement system is optional for substitute teachers. The right of a substitute teacher to rejoin the retirement system is limited to 2 occurrences. 
Sec. 4. 5 MRSA §17704-A, first ¶,  as amended by PL 2003, c. 261, §6, is further amended to read:
An elected official or, an official appointed for a fixed term or a substitute teacher who began membership after December 31, 1985 may purchase service credit for the period during which that person elected not to be a member of the retirement system if the following requirements are met.
 
Effective September 20, 2007