1. After June 30,
1991, membership in the System is compulsory for all persons employed in
positions classified as teachers as defined by 5 MRSA, §17001, sub-section
42, with the exception of retired teachers drawing a benefit under the Maine
Public Employees Retirement System, and substitute teachers for whom membership
is optional under 5 MRSA, §17652, sub-section 6. Before July 1, 1991,
adult education teachers whose service is for less than 180 hours per school
year, substitute teachers whose service is for less than 30 days in each school
year and persons employed by a school administrative unit while they are at the
same time enrolled as students in that or any other school administrative unit
are not entitled to become members of the system.
2. Before July 1, 1991, membership in the
System for adult education teachers, except those who are otherwise members of
the System as teachers or state employees, will be mandatory after employment
of 180 hours within one school year. Membership will not be available to
persons in these positions until the completion of 180 hours of employment
within one school year. Individuals in these programs who are members as of
September 1, 1978, will be permitted to continue membership.
3. Before July 1, 1991, membership in the
System for substitute teachers will be on the following basis:
A. A substitute teacher who has a contract
for full-time employment with a school administrative unit shall become a
member beginning with the first day of employment.
B. A substitute teacher, except as required
by paragraph 1, may not become a member prior to completion of 30 days of
service in a school year.
C. A
substitute teacher shall become a member upon completion of 30 days of service
in a school year. If a person substitutes in several school administrative
units, all service shall be combined to determine the completion of 30 days of
service. A person who works as a substitute teacher in more than one school
administrative unit shall keep a record of the days of service prior to
completion of 30 days of service in a school year and upon completion of 30
days of service shall notify his employer.
D. Prior to employing a substitute teacher,
an employer shall determine, by appropriate inquiry, whether or not a
substitute teacher is a member of the System. If it is determined that a
substitute teacher is not a member, the employer shall determine, by
appropriate inquiry, the number of days of service the substitute teacher has
for the current school year. The employer of a substitute teacher who has
completed 30 days of service in a school year shall require the substitute
teacher to complete an application for membership in the Maine Public Employees
Retirement System and shall deduct contributions beginning with the 31st day of
employment.
E. When an application
for membership for a substitute teacher is sent to the Retirement System,
certification of the substitute teacher's 30 days of service in the current
school year shall be sent with it. The certification from each school
administrative unit shall include name of school administrative unit, dates of
employment and salary paid. The substitute teacher may pay the required
contribution and receive service credit for the 30 days of service in that
year.
F. After having become a
member, membership shall continue and contributions shall be deducted from the
compensation of a substitute teacher during the current year and in subsequent
years regardless of the number of days of service in the subsequent
years.
