Current through 2024-38, September 18, 2024
1.
Determination of Service Credits. The determination of service
credits for members under The Plan is subject to Chapter 401 (94-411 CMR 401)
of the rules of the Board.
2.
Prior Service; Service Before Effective Date of District's
Participation. Service credit for service as an employee of a local district
before the beginning date of the participation of the employees of a
participating local district in the Retirement System shall be granted upon
certification by the district, subject to limitations in the district's
agreement as provided by Section
2, subsection
2, paragraph D and statutes and rules
in effect at the time the service was rendered.
3.
Former Member
A.
Member who Terminated
Service. Upon complete payment of the withdrawn contributions under
Section 5, subsection
1, paragraph B, a member shall be
granted service credit for the period of time for which the contributions have
been repaid. Upon making partial payment of the withdrawn contributions under
Section 5, the member
shall be granted service credit on a pro rata basis in accordance with rules
adopted by the Board.
B.
Service Not under The Plan. Upon complete payment of the
contributions under Section
5, subsection
1, paragraph C, a member shall be
granted service credit for the period of time for which the contributions have
been paid. Upon making partial payment of the contributions under Section
5, the member shall be granted
service credit on a pro rata basis in accordance with rules adopted by the
Board.
C.
Contributions
Withdrawn by Employees Not Covered by Social Security. The granting of
creditable service upon repayment of contributions, under section
5, subsection
1, paragraph E, that were withdrawn
by a member who is an employee of a participating local district that is not
covered under a Social Security Section
218 agreement but that has a plan
that meets the requirements of 5 M.R.S. §18252-B is subject to the
provisions of 5 M.R.S. §18252-A as amended by
PL
2021, c. 90.
4.
Service in the Armed Forces.
Service credit for service in the Armed Forces of the United States is governed
as follows:
A.
Service after Becoming a
Member. A member is entitled to service credit for the period of time
during which the member's membership is continued under Section
3, subsection
5 under the following terms and
conditions. Except as provided in subparagraph 3, service credit under this
subsection is limited to 5 years.
(1) A
member's separation from service in the Armed Forces of the United States must
be under conditions other than dishonorable.
(2) A member is not entitled to service
credit for military leave if the member's return to membership service is
delayed beyond 90 days after separation from the service in the Armed Forces,
unless the delay is caused by an illness or disability incurred in the service
in the Armed Forces.
(3) A member
may not receive service credit for military leave beyond the end of the period
of first enlistment or induction or beyond 5 years from the date of original
call to active duty in the Armed Forces, whichever is less, unless:
(a) The member's return to active duty in the
Armed Forces or the extension of the period of service beyond 5 years is
required by some mandatory provision; and
(b) The member presents proof of the return
to or extension of service satisfactory to the Board.
B.
Service before Becoming a
Member. A member who served as a full-time active duty member of the
Armed Forces of the United States before becoming a member of the Retirement
System is entitled to service credit for the period of time the member served
in the Armed Forces, under the following terms and conditions. Service credit
under this subsection is limited to 4 years.
(1) Except as provided in paragraph 6, on the
date of retirement, the member must have at least 15 years of creditable
service.
(2) The member must have
separated from the Armed Forces under conditions other than
dishonorable.
(3) Except as
provided in subparagraph 4, the member must have begun membership before
January 1, 1976.
(4) Except as
provided in paragraph 6, a member who served in the Armed Forces during any
federally recognized period of conflict, as defined in 5 M.R.S. §18360(2)(E), is
entitled to service credit under this paragraph.
(5) Upon complete payment of the back
contributions under Section 5, subsection
1, paragraph F, the member shall be
granted service credit for the period of time for which the contributions have
been made. Upon making partial payment of the back contributions under Section
5, the member shall be granted
service credit on a pro rata basis in accordance with rules adopted by the
board.
(6)
Alternative. A member who fails to meet one or more of the terms
and conditions required under paragraphs 1, 3 and 4 may purchase service credit
as provided in this paragraph. The member must have at least
5 years of creditable service and,
before any retirement benefit becomes effective for that member, must pay into
the Members' Contribution Fund, an amount that, together with regular interest
on that amount, is the actuarial equivalent, at the effective date of the
retirement benefit, of the portion of the retirement benefit based on the
additional creditable service. Any member who purchases service credit under
this paragraph who subsequently, without inclusion of the purchased service
credit and prior to retirement, meets the terms and conditions of paragraphs
1, 2 and 4 is entitled to purchase
the service credit under Section 5, subsection 1, paragraph F and to receive a
refund of the amount paid under this paragraph that exceeds the cost to
purchase the service under Section
5.
5.
Out-of-state Service. For
members who began membership before January
1, 1976, additional service credit
shall be allowed for out-of-state service, subject to the following conditions.
A.
20 Years of Creditable
Service. The member must have creditable service in the Retirement
System of at least 20 years in the aggregate;
B.
Last 10 Years in Maine; 10 Year
Limit. The member's last 10 years of creditable service before the date
of retirement must be in the State and no more than 10 years of service credit
may be allowed for out-of-state service; and
C.
Payment of Contributions.
Upon complete payment of the back contributions under Section
5, subsection
1, paragraph H, subparagraph 2, the
member shall be granted service credit for the period of time for which the
contributions have been made. Upon making partial payment of the back
contributions under Section
5, subsection
1, paragraph H, subparagraph 2, the
member shall be granted service credit on a pro rata basis in accordance with
rules adopted by the board.
D.
Alternative. If service credit for out-of-state service is not
allowed under paragraph A and B, service credit for out-of-state service shall
be allowed if the member, before any retirement benefit becomes effective for
that member, pays into the Members' Contribution Fund, an amount that, together
with regular interest on that amount, is the actuarial equivalent, at the
effective date of the retirement benefit, of the portion of the retirement
benefit based on the additional creditable service. Payments must be made
consistent with Chapter 406 (94-411 CMR 406) of the rules of the Board.
(1) Additional amounts paid under this
subsection shall become a part of the member's accumulated
contributions.
(2) If any
retirement benefit becomes effective before the completion of the payment under
this subsection, the member is entitled to service credit for that portion of
the additional creditable service that the total amount of payments actually
made, plus regular interest on those payments to the date the retirement
benefit becomes effective, bears to the actuarial equivalent of the total
portion of the retirement benefit based on the additional creditable
service.
E.
Service Credit not to be Used in Another State. Any application
for a retirement benefit for which out-of-state service credit is to be granted
must be accompanied by a certified statement from the appropriate retirement
system that the out-of-state service credit granted has not been or will not be
used to obtain benefits in another state.
6.
Disability Retirement Service
Credit. A recipient of a disability retirement benefit shall receive
service credit for the purpose of determining benefits under The Plan for the
period of time following termination of service during which disability
retirement benefits are being received under
5 M.R.S. Chapter 425, subchapter V,
article 3-A.
7.
Unused Sick
Leave or Vacation Leave
A.
Earnable Compensation. A member's earnable compensation does not
include payment for unused accumulated or accrued sick leave, unused vacation
time, or a combination of both, or any other payment that is not compensation
for actual services rendered or that is not paid at the time the actual
services are rendered, except that for a member with at least 20 years of
creditable service under The Plan at the effective date of the member's
retirement, and for a recipient of a disability retirement benefit, earnable
compensation includes payment for unused accumulated or accrued sick leave,
unused vacation time, or a combination of both, up to a maximum of 30 days, if
paid upon the member's last termination before the member applies for
retirement benefits.
B.
Service Credit. A member may not receive service credit for unused
accumulated or accrued sick leave, unused vacation leave, or a combination of
both, for which a member is credited on termination of service, but for which
the member does not receive payment, except under the following conditions.
(1) Leave, up to a lifetime maximum of 90
days, qualifies for service credit for a member with at least 20 years of
creditable service under The Plan, before the application of this
sub-paragraph, at the effective date of the member's retirement.
(2) Leave, up to a lifetime maximum of 90
days, qualifies for service credit for a recipient of a disability retirement
benefit, at the effective date of the member's disability retirement.
(3) Leave, including leave beyond 90 days,
may qualify for service credit, up to the maximum number of days of leave, set
by personnel rules or by contract, that a person is allowed to accumulate, if,
the member, before any retirement benefit becomes effective for the member,
pays into the Members' Contribution Fund, a single payment which is the
actuarial equivalent, at the effective date of the member's retirement benefit,
of the portion of the member's retirement benefit based on the additional
creditable service beyond 90 days.
8.
Teachers in Private, Parochial and
Other Schools. A member who taught in a parochial school or in a public
or private academy may purchase up to 10 years of service credit for that
service under the following conditions.
A. The
member must have taught in a school approved by the Department of Education or
the education department of another state while holding an appropriate teaching
certificate;
B.
20 Years of Creditable
Service. The member must have 20 years of creditable service as a member
of the participating local district;
C.
Membership before January 1,
1976. The member must have begun membership before January 1,
1976;
D.
Last 10 Years in
Participating Local District. The member's last 10 years of creditable
service before the date of retirement must be as a member of the participating
local district; and
E.
Payment of Contributions. Upon complete payment of the back
contributions under Section
5, subsection
1, paragraph K, subparagraph 2, the
member shall be granted service credit for the period of time for which the
contributions have been made. Upon making partial payment of the back
contributions under Section 5, subsection 1, paragraph K, subparagraph 2, the
member shall be granted service credit on a pro rata basis in accordance with
rules adopted by the board.
F.
Alternative. If service credit for private, parochial or other
school service is not allowed under paragraphs B and C, additional service
credit is allowed for any member who meets the requirements of paragraphs A and
D, if the member, before any retirement benefit becomes effective for that
member, pays into the Members' Contribution Fund an amount that, together with
regular interest on that amount, is the actuarial equivalent, at the effective
date of the retirement benefit, of the portion of the retirement benefit based
on the additional creditable service. Payments must be made consistent with
Chapter 406 (94-411 CMR 406) of the rules of the Board.
(1) Additional amounts paid under this
subsection shall become a part of the member's accumulated
contributions.
(2) If any
retirement benefit becomes effective before the completion of the payment under
this subsection, the member is entitled to service credit for that portion of
the additional creditable service that the total amount of payments actually
made, plus regular interest on those payments to the date the retirement
benefit becomes effective, bears to the actuarial equivalent of the total
portion of the retirement benefit based on the additional creditable
service.
9.
Other Schools and Programs. A member who terminates service in the
State and teaches under the Volunteers in Service to America Program, the
Fulbright Exchange Program or the Peace Corps, foreign or domestic, or teaches
children of United States Foreign Corps personnel outside the continental
limits of the United States is entitled to service credit for that service
under the following conditions.
A.
2
Year Limit. The service credit may not exceed 2 years.
B.
Return to Active Service. The
member must return to active service as a member of the retirement system
within one year of the completion of the teaching outside of the State
described in this section.
C.
Payment of Contributions. The member, before any retirement
benefit becomes effective for that member, must pay into the Members'
Contribution Fund an amount that, together with regular interest on that
amount, is the actuarial equivalent, at the effective date of the retirement
benefit, of the portion of the retirement benefit based on the additional
creditable service. Payments must be made consistent with Chapter 406 (94-411
CMR 406) of the rules of the Board.
10.
Law enforcement service before
becoming a member. A member who served as a full-time law enforcement
officer with a federal, state, county or local law enforcement agency before
becoming a member, and who did not decline membership under section 3,
subsection 2, during the period of prior law enforcement service, is entitled
under this subsection to purchase service credit for the period of time that
the member served as a law enforcement officer under the following conditions:
A.
15 years of creditable
service. The member must have at least 15 years of creditable service at
the time of retirement.
B.
4
year limit. Service credit purchased under this subsection is limited to
4 years.
C.
Service credit
not to be used for other benefits. The member must provide a certified
statement from the appropriate retirement system that the service credit to be
granted has not been and will not be used to obtain other retirement
benefits.
D.
Payment of
contributions. The member must complete payment of contributions as
required by Section 5, subsection 1, paragraph M.
(1) Additional amounts paid under this
subsection shall become a part of the member's accumulated
contributions.
(2) If any
retirement benefit becomes effective before the completion of the payment under
this subsection, the member is entitled to service credit for that portion of
the additional creditable service that the total amount of payments actually
made, plus regular interest on those payments to the date the retirement
benefit becomes effective, bears to the actuarial equivalent of the total
portion of the retirement benefit based on the additional creditable
service.