Maine Code § 5-17652

Optional membership
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1. Elected and appointed officials. Membership in the State Employee and Teacher Retirement
Program is optional for elected officials or officials appointed for a fixed term. A person must make
an election at the time of initial hire whether to be a member of the program. Once an election is made
under this subsection, the election is irrevocable with respect to all subsequent employment with the
same employer when membership in the program is not mandatory.
[PL 2011, c. 449, §3 (AMD).]
2. Delayed election of membership.
[PL 2009, c. 474, §15 (RP).]
2-A. Reentry.

[PL 2009, c. 474, §15 (RP).]
3. Certain employees of the Maine Community College System. Notwithstanding section
17651, membership in the State Employee and Teacher Retirement Program is optional for employees
of the Maine Community College System who are eligible to participate in a retirement plan pursuant
to Title 20-A, section 12722. A person must make an election at the time of initial hire whether to be
a member of the program. Once an election is made under this subsection, the election is irrevocable
with respect to all subsequent employment with the same employer when membership in the program
is not mandatory.
[PL 2011, c. 449, §4 (AMD).]
4. Limitation on election to join State Employee and Teacher Retirement Program.
Notwithstanding any other law, confidential employees of the Maine Community College System who
are not represented in a collective bargaining unit may join the State Employee and Teacher Retirement
Program under this section only upon the written authorization of the Board of Trustees of the Maine
Community College System. The board of trustees shall authorize the person to join the State Employee
and Teacher Retirement Program when the Maine Community College System Office or other Maine
Community College System entity that employs the individual seeking to join has identified and
designated the funds necessary to pay for the cost of that person's joining the program. A person must
make an election at the time of initial hire whether to be a member of the program. Once an election is
made under this subsection, the election is irrevocable with respect to all subsequent employment with
the same employer when membership in the program is not mandatory.
[PL 2011, c. 449, §5 (AMD).]
REVISOR'S NOTE: (Subsection 4 as enacted by PL 2003, c. 404, §1 is REALLOCATED TO T.5,
§17652, sub-§5)
5. (REALLOCATED FROM T. 5, §17652, sub-§4) Certain members of the Maine National
Guard. A member of the Maine National Guard who is not governed by section 17651 and who is on
active state service for more than 5 consecutive days pursuant to Title 37-B may elect to be a member
of the State Employee and Teacher Retirement Program. A member of the Maine National Guard on
active state service pursuant to Title 37-B who does not elect to participate in the State Employee and
Teacher Retirement Program or is not eligible to participate in the State Employee and Teacher
Retirement Program shall participate in the United States Social Security System. Once a member of
the Maine National Guard makes an election under this subsection, that election is irrevocable with
respect to all subsequent employment with the same employer when membership in the program is not
mandatory. A member of the Maine National Guard on active state service pursuant to Title 37-B may
participate in the tax-deferred arrangement of chapter 67.
[PL 2009, c. 474, §15 (AMD).]
6. Substitute teachers. Notwithstanding section 17651, membership in the State Employee and
Teacher Retirement Program is optional for substitute teachers. A person must make an election at the
time of initial hire whether to be a member of the program. Once an election is made under this
subsection, the election is irrevocable with respect to all subsequent employment with the same
employer when membership in the program is not mandatory.
[PL 2011, c. 449, §6 (AMD).]
REVISOR'S NOTE: (REALLOCATED TO T.5, §17652, sub-§5) 4. Certain members of the Maine
National Guard. [RR 2003, c. 1, §4 (RAL).]; [PL 2003, c. 404, §1 (NEW)

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