Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 401 - MEMBERSHIP AND CREDITABLE SERVICE FOR STATE AND PARTICIPATING DISTRICT EMPLOYEES
Section 411-401-3 - State Employees Creditable Service After June 30, 1991

Universal Citation: 94 ME Code Rules ยง 411-401-3

Current through 2024-38, September 18, 2024

A. State employees whose creditable service was determined by subsections D, F and H of section 2 before July 1, 1991, shall continue to be covered by those subsections.

B. Except as provided by subsection C, all other employees shall earn creditable service on the following basis:

(1) For purposes of this subsection, a "full-time employee" is an employee who worked, in the pay periods covered by a payroll report, 100% of the regularly scheduled standard hours prescribed by the employer for employees in the same class and agency. However, if the employer prescribes less than 35 or more than 40 regularly scheduled standard hours per week for an employee class, for purposes of this rule, the employer shall be considered to have prescribed 35 and 40 regularly scheduled standard hours per week, respectively, for a full-time employee in that class.

(2) Full service credit for the pay periods covered shall be granted to a member who works, in the pay periods covered by a payroll report, 100% of the hours worked by a full-time employee.

(3) A member who works less than 100% of the hours worked by a full-time employee, in the pay periods covered by a payroll report, shall be granted creditable service equal to the ratio of hours worked by the member to 100% of the hours worked by a full-time employee.

(4) Regardless of subsections 2 and 3, a member shall continue to accrue creditable service while on a leave of absence without pay of up to a month's duration each year. The member shall accrue creditable service during the leave of absence at the same rate creditable service was accrued during the six months prior to the commencement of the leave of absence.

C. A full year of creditable service will be granted to any state employee for any calendar year during which that employee is employed for 1,000 or more hours in a part-time or seasonal position provided:

(1) The employee was employed in a part-time or seasonal position during the period beginning January 1, 1989, and ending June 30, 1991; or

(2) The employee was first employed before July 1, 1991, in a position that the state department or agency has identified as in a career ladder in which the employee is required to move from full-time status to seasonal status when accepting a promotion in the employee's career ladder;

(3) The employee continues to be employed by the State without interruption; and

(4) The employee's name appears on the list required by subsection D to be submitted by the department or agency which employs the employee.

D. Each State department or agency that has employees to whom subsection C applies shall submit to the Retirement System on the schedule required by the Retirement System a list of all such employees. The list shall include the following, as of June 30, 1991, with relation to each employee:

(1) Name and social security number,

(2) Classification title and number,

(3) Position number,

(4) Type of position; i.e., full-time, part-time or seasonal.

(5) Date of first employment by department or agency,

(6) Date first employed in current position,

(7) If C(2) applies, title and number of prior and next classification in career ladder.

E. In the event that a state department or agency fails to identify or report on its list all employees to whom subsection C applies and it is subsequently discovered that an employee(s) should have been identified and reported to the Retirement System, correction of the list of employees will be allowed if the employer is able to provide sufficient documentation to the Retirement System that the missing employee(s) should have been included on the list previously submitted in accordance with this subsection.

F. Each State department or agency that had a position that is referred to in subsection C(2) during the period beginning January 1, 1989 and ending June 30, 1991 shall also submit to the Retirement System, on the schedule required by the Retirement System, a list of all such positions. This list shall include the following, as of June 30, 1991, with relation to each position:

(1) Classification title and number,

(2) Position number,

(3) Type of position; i.e., full-time, part-time or seasonal,

(4) Date position was established by department or agency,

(5) Title and number of prior and next classifications in a career ladder.

In the event that a state department or agency fails to identify or report all positions to which subsection C(2) applies and it is subsequently discovered that a position(s) should have been identified and reported to the Retirement System, correction of the list of positions will be allowed if the employer is able to provide sufficient documentation to the Retirement System that the missing position(s) should have been included on the list previously submitted in accordance with this subsection.

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