LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
286
JUNE 20, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 364 - L.D. 1103
An Act To Allow a 5-year Open Enrollment in the Participating Local
District Retirement Program for Certain Law Enforcement Officers,
Firefighters and Other Municipal Employees
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §18251, sub-§3, as amended by PL 2013, c. 555, §1, is further
amended by amending the first blocked paragraph to read:
A Except as provided in section 18252-C, a person must make an election at the time of
initial hire, or on the date of first eligibility to participate, whichever occurs earlier, 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.
Sec. 2. 5 MRSA §18252, first ¶, as amended by PL 2011, c. 449, §14, is further
amended to read:
A person who is or would be covered by the United States Social Security Act as a
result of employment by a participating local district with Social Security coverage may
elect to be a member in the Participating Local District Retirement Program. A Except as
provided by section 18252-C, a person must make an election at the time of initial hire or
on the date of first eligibility to participate, whichever occurs earlier, whether to be a
member of the program. Once an election is made under this section, the election is
irrevocable with respect to all subsequent employment with the same employer when
membership in the program is not mandatory.
Sec. 3. 5 MRSA §18252-A, sub-§1, ¶A, as amended by PL 2011, c. 449, §15, is
further amended to read:
A. A Except as provided by section 18252-C, a person hired by a participating local
district, or rehired following a break in service, after the date on which the employer
provides a plan under section 18252‑B must elect at the time of initial hiring or rehiring
whether to be a member under the Participating Local District Retirement Program or
to be covered under a plan provided by the employer under section 18252‑B. Once an
election is made under this paragraph, the election is irrevocable with respect to all
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 subsequent employment with the same employer when membership in the program is
not mandatory.
Sec. 4. 5 MRSA §18252-A, sub-§1, ¶B, as amended by PL 2009, c. 474, §33, is
further amended to read:
B. An employee of the participating local district who is a member under the
Participating Local District Retirement Program on the date on which the employer
provides a plan under section 18252‑B may elect to remain a member under that
program or to become covered under a plan provided by the employer under section
18252‑B. A Except as provided by section 18252-C, a person must make an election
within 90 days of the date on which the employer provides a plan under section
18252‑B. Once an election is made under this paragraph, the election is irrevocable
with respect to all subsequent employment with the same employer when membership
in the program is not mandatory.
(1) If that person elects not to remain a member, the election is effective as of the
first day of the month in which no contributions or pick-up contributions are made
to the Participating Local District Retirement Program by that person. A person
who elects not to remain a member may, at that person's discretion, withdraw
accumulated contributions in accordance with section 18306‑A.
Sec. 5. 5 MRSA §18252-C is enacted to read:
§18252-C. Delayed election of membership; annual open enrollment
Employees who were eligible to participate in the Participating Local District
Retirement Program under section 18251, subsection 3, section 18252 and section
18252-A, subsection 1 at the beginning of employment but did not join may do so as
governed by this section.
1. Delayed election of membership. An employee who was first eligible to
participate in the Participating Local District Retirement Program who elects not to join the
Participating Local District Retirement Program at the beginning of that employee's
employment may become a member at any time up to and including that employee's
5th-year employment anniversary with that employer pursuant to subsection 2.
2. Annual open enrollment period. An employee under this section may elect to join
the Participating Local District Retirement Program through an annual open enrollment
period from September 1st to November 1st, beginning in 2022.
3. Creditable service granted. An employee who elects to join the Participating
Local District Retirement Program under this section is entitled to creditable service as
governed by section 18358.
4. Member contributions. Member contributions for an employee that joins the
Participating Local District Retirement Program under this section are not pick-up
contributions.
5. Rules. The board may adopt rules to implement this section. Rules adopted pursuant
to this subsection are routine technical rules pursuant to chapter 375, subchapter 2-A.
Sec. 6. Application. Notwithstanding the Maine Revised Statutes, Title 5, section
18252-C, subsection 1, an employee who has been employed for more than 5 years on the
effective date of this Act may make a one-time election to join the Participating Local
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District Retirement Program by November 1, 2021. A person electing to join must be
granted service as described in Title 5, section 18252-C, subsection 3 and must make
contributions according to Title 5, section 18252-C, subsection 4.
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Statutes affected:
Bill Text LD 1103, SP 364: 5.18251, 5.18252
Bill Text ACTPUB , Chapter 286: 5.18251, 5.18252