Title 5, Title 5

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…

The board may, in its discretion, deny the right to become a member to: [PL 1985, c. 801, §§5, 7 (NEW).] 1. Compensation partly paid by State. Any class of employees, except teachers, whose compensation is only partly paid by the State; or 2. Other than per annum payment. Any cla…

A member ceases to be a member of the State Employee and Teacher Retirement Program if the member: [PL 2007, c. 491, §96 (AMD).] 1. Withdrawal. Withdraws accumulated contributions; 2. Beneficiary. Becomes a beneficiary as a result of the member's own retirement; or 3. Death. Dies…

1. Membership continued. The membership of the following employees is considered to have continued during the period of the employee's service in the Armed Forces of the United States: A. Any employee entering a class of service in the Armed Forces of the United States approved b…

1. Reemployment with new employer. Membership of a member who is reemployed with a new employer, or who transfers from one state employee plan to another state employee plan, is governed as follows: A. Any member of the State Employee and Teacher Retirement Program or the Partici…

1. Membership in the State Employee and Teacher Retirement Program. The following persons are considered members of the State Employee and Teacher Retirement Program if they make payments to the Members' Contribution Fund in the same amounts and during the same periods as other s…

1. Membership in the State Employee and Teacher Retirement Program. Any person who was an employee on December 31, 1941, and who later transferred to the Maine National Guard and was employed under the National Defense Act of June 3, 1916, section 90, is considered a member of th…

Each member shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 6.5% of earnable compensation, except as otherwise provided in this Part. [PL 2007, c. 491, §100 (AMD).] 1. Employer pick-up. The contributions requir…

Notwithstanding section 17701, a member hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 7.5% of earnable compensation, except as otherwise provided in this Part.

Notwithstanding sections 17701 and 17701‑A, on and after July 1, 1993 all members shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 7.65% of earnable compensation except as otherwise provided in this Part.

Notwithstanding any other provision in this Part, except as provided in subsection 5, the State may agree to provide for members, pursuant to law, through a collective bargaining contract, or as the Legislative Council may agree to provide for approved legislative employees, paym…

A former member who withdrew the member's contributions after termination of service and who again becomes a member may repay the member's earlier contributions to the Members' Contribution Fund under the following conditions. [RR 2023, c. 2, Pt. B, §102 (COR).] 1. Time. The repa…

1. Election. If the retirement system determines at the time a member retires that the member's benefit would be increased as a result of the inclusion of compensation that would have been paid for days off without pay or for days worked for which the level of pay is reduced as t…

A member whose membership date is prior to August 1, 2010 and who was eligible to purchase service credit under former section 17704 or 17704-A prior to August 1, 2010, retains eligibility to purchase that service credit under the conditions of those sections as in effect prior t…

1. Conditions for refund. If the service of any member has terminated, except by death or by retirement under this Part, the member must be paid the amount of the member's accumulated contributions under the following conditions: A. The member must have properly applied for a ref…

1. Conditions for refund. The retirement system may make an automatic refund of contributions to a member who has not properly applied for a refund as provided in section 17705‑A and who has terminated service, except by death or by retirement under this Part, and who has not met…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "CETA employee" means an employee enrolled in a program under the United States Comprehensive Employment and Training Act of 1973, as amended. [PL …

After June 30, 1998, members to whom one or more of sections 17708 to 17712‑B apply and to whom section 17851‑A, subsection 1 also applies must contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made as provided in section 17851‑A, subse…

1. Definition. As used in this section, unless the context otherwise indicates, the term "state police officer" means: A. A member of the State Police; [PL 1985, c. 801, §§5, 7 (NEW).] B. The Chief of the State Police; [PL 2001, c. 118, §2 (AMD).] C. A member of the State Police …

Notwithstanding section 17708, a state police officer hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation in addition to the contribution required under section 17708.

Notwithstanding sections 17708 and 17708‑A, on and after July 1, 1993 a state police officer shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 1.15% of earnable compensation in addition to the contributions requi…

1. Before September 1, 1984. A law enforcement officer in the Department of Inland Fisheries and Wildlife who was first employed in that capacity before September 1, 1984 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by t…

Notwithstanding section 17709, a law enforcement officer in the Department of Inland Fisheries and Wildlife hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation in addition to the contribution requ…

Notwithstanding sections 17709 and 17709‑A, on and after July 1, 1993 a law enforcement officer in the Department of Inland Fisheries and Wildlife who is subject to section 17709 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions m…

1. Before September 1, 1984. A law enforcement officer in the Department of Marine Resources who was first employed in that capacity before September 1, 1984 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer a…

Notwithstanding section 17710, a law enforcement officer in the Department of Marine Resources hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation in addition to the contribution required under se…

Notwithstanding sections 17710 and 17710‑A, on and after July 1, 1993 a law enforcement officer in the Department of Marine Resources who is subject to section 17710 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate…

1. Before September 1, 1984. A forest ranger in the Department of Conservation, Bureau of Forestry who was first employed in that capacity before September 1, 1984, shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the emp…

Notwithstanding section 17711, a forest ranger in the Department of Agriculture, Conservation and Forestry, Bureau of Forestry hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation in addition to th…

Notwithstanding sections 17711 and 17711‑A, on and after July 1, 1993 a forest ranger in the Department of Agriculture, Conservation and Forestry, Bureau of Forestry who is subject to section 17711 shall contribute to the State Employee and Teacher Retirement Program or have pick…

1. Before September 1, 1984. An employee of the Maine State Prison who holds a position described in section 17851, subsection 11, and who was first employed in one of those capacities before September 1, 1984, shall contribute to the State Employee and Teacher Retirement Program…

Notwithstanding section 17712, an employee of the Maine State Prison who holds a position described in section 17851, subsection 11 and who is hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation i…

Notwithstanding sections 17712 and 17712‑A, on and after July 1, 1993 an employee of the Maine State Prison who holds a position described in section 17851, subsection 11 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a…

1. Service after becoming a member. For employees who qualify to have their membership in the State Employee and Teacher Retirement Program continued under section 17655, subsection 1, because of service in the Armed Forces of the United States, the State shall contribute to the …

A law enforcement officer in the employment of the Baxter State Park Authority who elects the retirement option provided in section 17851, subsection 12 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as pro…

A state fire marshal, state fire marshal investigator or a state fire marshal inspector who elects the retirement option provided in section 17851, subsection 13 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employ…

A motor vehicle detective, senior motor vehicle detective, principal motor vehicle detective or chief motor vehicle detective who elects the retirement option provided in section 17851, subsection 14 shall contribute to the State Employee and Teacher Retirement Program or have pi…

The determination of one-year's service credit shall be governed as follows. [PL 1985, c. 801, §§5, 7 (NEW).] 1. All service in one calendar year. The board may not allow more than one year's service credit for all the service: A. In one calendar year for state employees; or [PL …

1. Determination. Service credit for prior service is determined as follows. A. If a member can provide the board with satisfactory evidence that the member performed any work as a state employee before July 1, 1942 or as a teacher before July 1, 1947, the member must be granted …

Upon complete payment of the back contributions under section 17704‑C, the member must 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 17704‑C, the member must be gran…

1. Generally. For members who began membership before January 1, 1976, additional service credit must be allowed for out-of-state service, subject to the following conditions. A. The member must have creditable service in Maine of at least 20 years in the aggregate. [PL 1985, c. …

A beneficiary shall receive service credit for the purpose of determining benefits under this Part for the period following termination of service for which the beneficiary receives disability retirement benefits under subchapter V, articles 3 and 3‑A.

1. Service credit. 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, qualifies for service credit. 2. Limitation. Leave qualifying…

Upon complete payment of the back contributions under section 17703, 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 17703, the member shall be grante…

1. Creditable service. An employee of the federal employment service who became an employee of a state department before the federal employment service was returned to state control is entitled to service credit for prior service and membership service for the time the person was…

1. Service before becoming member. Notwithstanding section 17759, a member who served as a nonmilitary public employee of the United States Government service before becoming a member is entitled under this subsection to purchase service credit for the period of time that the mem…