Maine Statute | Act | Code |Title 05. Administrative Procedures And Services| US Code - US Statute | Chapter 427. Participating Local Districts Consolidated Plan (heading. Pl 1989, C. 811, @3 (new))

USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 427. PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING. PL 1989, c. 811, @3 (new))

Title 5 - §18801. Plan

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 427: PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING: PL 1989, c. 811, @3 (new))

§18801. Plan

The board shall establish by rule a consolidated retirement plan for participating local districts and other local districts that contract with the retirement system in accordance with section 18804 on the date the consolidated plan is put into operation and at any time after that date. [1993, c. 250, §3 (amd).]

1. Plan content. Benefits provided by the plan must be selected from benefits included in chapter 423, chapter 425 or this chapter and must include, but are not limited to:

A. Service retirement benefits, including:
p align="center"> (1) Several plans, with levels of benefits to meet the needs of various classes of employees and employers; and p align="center"> (2) Portability of benefits when a member changes plans or employers; [1989, c. 811, §3 (new).]p align="center">B. Death benefits; [1989, c. 811, §3 (new).]p align="center">C. Disability retirement benefits; [1989, c. 811, §3 (new).]p align="center">D. Compulsory requirements except: p align="center"> (1) Optional membership for those employees permitted optional membership under chapter 425; and p align="center"> (2) Optional membership for those employees who are not subject to the municipal public employees labor relations laws contained in Title 26, chapter 9-A; and [1991, c. 300, §1 (amd).]p align="center">E. A defined contribution plan consistent with the United States Internal Revenue Code. [1989, c. 811, §3 (new).] [1991, c. 300, §1 (amd).]

2. Amendments. Any benefit provision selected from chapter 423, chapter 425 or this chapter to be included in the plan that is subsequently amended is not considered to have been amended for purposes of the plan until the rule that established the plan is amended to include the amended version of the benefit provision. [1991, c. 300, §1 (amd).]

3. No reduction of benefits. The level of service retirement benefits for employees of participating local districts that adopt the plan may not be reduced with relation to either benefits based upon service before adoption of the plan or benefits based upon service after adoption of the plan. [1989, c. 811, §3 (new).]

4. Implementation of plan. The board, as part of its rules, shall set the minimum number of local districts that must contract for participation and the minimum number of members before the plan is put into operation. The rules must contain provisions related to the transition from participation in chapter 425 to participation in this plan by local districts and for setting the date when participation of the employees of a participating local district in this plan begins. All local districts that are participating local districts under chapter 425 on the date the plan is put into operation must elect to join the consolidated plan, be transferred to the consolidated plan or withdraw from the system, in accordance with rules established by the board. [1993, c. 250, §4 (amd).]

5. Disbanded or dissolved local district. The board, as part of its rules, shall provide for the procedure to be followed regarding the membership and benefits of employees of a participating local district that disbands or is dissolved. [1989, c. 811, §3 (new).]

6. Plan design and amendments. The rules adopted by the board must be based entirely upon proposals for the consolidated retirement plan and proposed amendments to the consolidated retirement plan received from the Participating Local District Advisory Committee or from the retirement system staff. The board shall adopt as a rule any proposal received from the Participating Local District Advisory Committee or return the proposal to the advisory committee with a statement setting forth the reasons for not adopting the proposal. [2003, c. 387, §12 (amd).]

7. Rule-making procedure. The rules and amendments established by the board must be adopted in accordance with and subject to judicial review as set forth in chapter 375, subchapter II, to the extent chapter 375 is applicable. [1989, c. 811, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §18802-A. Participating Local District Advisory Committee

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 427: PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING: PL 1989, c. 811, @3 (new))

§18802-A. Participating Local District Advisory Committee

1. Composition; appointment. The Participating Local District Advisory Committee, referred to in this chapter as the "advisory committee," is composed of the following 12 members:

A. Five voting members who are members of labor organizations that represent participating local district employees, appointed by the Governor after being nominated by their respective labor organizations as follows:

(1) One member nominated by the Maine Education Association;

(2) One member nominated by the American Federation of State, County and Municipal Employees;

(3) One member nominated by the Service Employees International Union;

(4) One member nominated by the International Association of Fire Fighters; and

(5) One member nominated by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America;
[1997, c. 12, §1 (new); §2 (aff).]

B. Five voting members who represent participating local districts appointed by the Governor after being nominated as follows:

(1) Three members nominated by the Maine Municipal Association; and

(2) Two members nominated by the Maine School Management Association;
[1997, c. 12, §1 (new); §2 (aff).]

C. One nonvoting member appointed by the Governor; and [1997, c. 12, §1 (new); §2 (aff).]

D. The executive director or the executive director's designee, to serve as an ex officio nonvoting member. [1997, c. 12, §1 (new); §2 (aff).]

[1997, c. 12, §1 (new); §2 (aff).]

2. Compensation of members. The members of the advisory committee are not entitled to receive compensation for their participation in the advisory committee's activities. [1997, c. 12, §1 (new); §2 (aff).]

3. Chair. The executive director, or a designee, shall serve as chair. [1997, c. 12, §1 (new); §2 (aff).]

4. Term. The terms of the members are as follows.

A. Each member, except the initial appointees, shall serve a term of 5 years. [1997, c. 12, §1 (new); §2 (aff).]

B. A member shall continue to serve after the expiration of that member's term until a qualified successor is appointed. The member's continuation as a member does not change the expiration of that member's term. [1997, c. 12, §1 (new); §2 (aff).]

C. The term of a member appointed to succeed a member whose term has expired expires 5 years after the expiration date of the term of the previous member, regardless of the effective date of the new appointment. There is no limit to the number of terms to which a member may be appointed. [1997, c. 12, §1 (new); §2 (aff).]

D. The appointing authority shall appoint a person to fill a vacancy caused by death, resignation or ineligibility within 60 days. This appointment is for the unexpired portion of the term and must be made from a nomination provided by the organization the former member represented, as provided by subsection 1. With the agreement of the member being replaced and of the nominating and appointing authorities, the member being replaced shall serve until a replacement is appointed. Otherwise, a vacancy exists until a replacement is appointed. [1997, c. 12, §1 (new); §2 (aff).]

E. The terms of the initial appointments are as follows.

(1) Members who represent participating local district employees are appointed by the Governor, one each, to terms of 1, 2, 3, 4 and 5 years.

(2) Members who represent participating local districts are appointed by the Governor, one each, to terms of 1, 2, 3, 4 and 5 years.
[1997, c. 12, §1 (new); §2 (aff).]

F. A member is considered to have resigned if:

(1) The member severs the affiliation with the organization that nominated the member in accordance with subsection 1; or

(2) The member is absent from 3 consecutive meetings of the advisory committee without good cause as determined by the advisory committee.
[1997, c. 12, §1 (new); §2 (aff).]

[1997, c. 12, §1 (new); §2 (aff).]

5. Transaction of business. The transaction of business by the advisory committee is governed as follows.

A. Seven voting members constitute a quorum for the transaction of any business. [2003, c. 387, §13 (amd).]

B. Each member is entitled to one vote. [1997, c. 12, §1 (new); §2 (aff).]

C. Affirmative votes of a simple majority of the quorum or, if greater, of the voting members present are necessary for the passage of any resolution or any other action by the advisory committee. [2003, c. 387, §13 (amd).]

[2003, c. 387, §13 (amd).]

6. Proposal for plan design or amendment. The advisory committee or the retirement system staff may present to the board proposals for the consolidated retirement plan and amendments to the plan. Passage of any resolution or any other action by the advisory committee relating to proposals for the consolidated retirement plan or proposed amendments to the consolidated retirement plan requires affirmative votes of a simple majority of the quorum or, if greater, of the voting members present. [2003, c. 387, §13 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §18802. Participating Local District Advisory Committee (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 427: PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING: PL 1989, c. 811, @3 (new))

§18802. Participating Local District Advisory Committee (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §18803. Assistance by board

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 427: PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING: PL 1989, c. 811, @3 (new))

§18803. Assistance by board

1. Staff assistance. The board may authorize the retirement system staff to give assistance to the advisory committee. [1989, c. 811, §3 (new).]

2. Expenses. The board may authorize the payment of necessary expenses incurred in the operation of the advisory committee from the funds allocated for that purpose based upon a budget submitted by the advisory committee. [1989, c. 811, §3 (new).]

3. Duties of the board. Nothing in this chapter alters the duties of the board to administer the retirement plan of participating local districts. [1989, c. 811, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §18804. Local district participation

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 427: PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING: PL 1989, c. 811, @3 (new))

§18804. Local district participation

All local districts that are participating local districts under chapter 425 on the date the plan is put into operation may contract for participation in the plan in the manner provided in subsection 1 or 2 for other local districts. A participating local district that elects to be transferred into the consolidated plan must contract for participation according to the terms of its transfer, in accordance with rules established by the board. Other local districts may contract for the participation of their employees in the retirement system under this chapter in the manner provided by subsection 1 or 2. [1993, c. 250, §6 (amd).]

1. Local districts that are not municipalities. For a local district that is not a municipality, as defined in Title 1, section 72, subsection 13, the executive body of the district must approve participation and must file with the board a duly certified copy of a resolution or order, with a record of the vote of the executive body, which must include:

A. Approval of the participation; [1989, c. 811, §3 (new).]

B. The benefit plans that are to apply; [1989, c. 811, §3 (new).]

C. Excluded employees, as required by subsection 3; and [1989, c. 811, §3 (new).]

D. The name or title of the person authorized to sign the contract on behalf of the local district. [1989, c. 811, §3 (new).]

[1989, c. 811, §3 (new).]

2. Local districts that are municipalities. For a local district that is a municipality, as defined in Title 1, section 72, subsection 13, the legislative body of the municipality must approve participation and must file with the board a resolution or order, certified by the clerk of the municipality, with a record of the vote of the legislative body, which must include:

A. Approval of the participation; [1989, c. 811, §3 (new).]

B. The benefit plans that are to apply; [1989, c. 811, §3 (new).]

C. Excluded employees, as required by subsection 3; and [1989, c. 811, §3 (new).]

D. The name or title of the person authorized to sign the contract on behalf of the local district. [1989, c. 811, §3 (new).]

[1989, c. 811, §3 (new).]

3. Excluded employees. The local district shall designate in its approval any class of employees otherwise provided for by local pension provisions who are excluded from membership in the plan established under this chapter. [1989, c. 811, §3 (new).]

4. Date participation begins. The date when the participation of the employees of a participating local district begins is the first day of July following the date the contract is signed. This date is considered the date of establishment for a participating local district under section 17101, subsection 3. [1989, c. 811, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §18805. Chief fiscal officer

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 427: PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING: PL 1989, c. 811, @3 (new))

§18805. Chief fiscal officer

The chief fiscal officer of a participating local district, in order to assist in the administration of the retirement system shall: [1989, c. 811, §3 (new).]

1. Information. Submit to the board whatever information the board prescribes about the employees of the participating local district relating to participation in the plan; and [1989, c. 811, §3 (new).]

2. Duties. Cause to be performed whatever duties the board prescribes, with respect to the employees of the participating local district. [1989, c. 811, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §18806. Alternative benefits

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 427: PARTICIPATING LOCAL DISTRICTS CONSOLIDATED PLAN (HEADING: PL 1989, c. 811, @3 (new))

§18806. Alternative benefits

The plan adopted under section 18801 may include benefits provided by this section. [1989, c. 811, §3 (new).]

1. Districts with employees covered by the Social Security Act. A participating local district with employees covered by the United States Social Security Act may provide service retirement benefits for employees not covered by a special plan which equal 1% of the member's average final compensation multiplied by the number of years of membership service. Members covered by this benefit shall contribute to the retirement system at the rate of 3% of earnable compensation. [1989, c. 811, §3 (new).]

2. Defined contribution plan. A participating local district may provide for the participation of its employees who are members of the system under this chapter, in a defined contribution plan that is part of the consolidated plan provided by section 18801. Employees who choose not to become members under section 18801, subsection 1, paragraph D may also participate in the defined contribution plan. [1989, c. 811, §3 (new).]

3. Ancillary benefits. The plan must include disability benefits and death benefits for those employees who choose not to be members under section 18801, subsection 1, paragraph D and who participate in the defined contribution plan. [1991, c. 300, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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