94-411 C.M.R. ch. 404
SUMMARY: This Chapter sets forth the bases upon which membership in the Maine Public Employees Retirement System is required or denied and sets forth the bases upon which creditable service is granted for Public School Teachers.
1. After June 30, 1991, membership in the System is compulsory for all persons employed in positions classified as teachers as defined by 5 MRSA, §17001, sub-section 42, with the exception of retired teachers drawing a benefit under the Maine Public Employees Retirement System, and substitute teachers for whom membership is optional under 5 MRSA, §17652, sub-section 6. Before July 1, 1991, adult education teachers whose service is for less than 180 hours per school year, substitute teachers whose service is for less than 30 days in each school year and persons employed by a school administrative unit while they are at the same time enrolled as students in that or any other school administrative unit are not entitled to become members of the system.
2. Before July 1, 1991, membership in the System for adult education teachers, except those who are otherwise members of the System as teachers or state employees, will be mandatory after employment of 180 hours within one school year. Membership will not be available to persons in these positions until the completion of 180 hours of employment within one school year. Individuals in these programs who are members as of September 1, 1978, will be permitted to continue membership.
3. Before July 1, 1991, membership in the System for substitute teachers will be on the following basis:
A. A substitute teacher who has a contract for full-time employment with a school administrative unit shall become a member beginning with the first day of employment.
B. A substitute teacher, except as required by paragraph 1, may not become a member prior to completion of 30 days of service in a school year.
C. A substitute teacher shall become a member upon completion of 30 days of service in a school year. If a person substitutes in several school administrative units, all service shall be combined to determine the completion of 30 days of service. A person who works as a substitute teacher in more than one school administrative unit shall keep a record of the days of service prior to completion of 30 days of service in a school year and upon completion of 30 days of service shall notify his employer.
D. Prior to employing a substitute teacher, an employer shall determine, by appropriate inquiry, whether or not a substitute teacher is a member of the System. If it is determined that a substitute teacher is not a member, the employer
shall determine, by appropriate inquiry, the number of days of service the substitute teacher has for the current school year. The employer of a substitute teacher who has completed 30 days of service in a school year shall require the substitute teacher to complete an application for membership in the Maine Public Employees Retirement System and shall deduct contributions beginning with the 31st day of employment.
E. When an application for membership for a substitute teacher is sent to the Retirement System, certification of the substitute teacher's 30 days of service in the current school year shall be sent with it. The certification from each school administrative unit shall include name of school administrative unit, dates of employment and salary paid. The substitute teacher may pay the required contribution and receive service credit for the 30 days of service in that year.
F. After having become a member, membership shall continue and contributions shall be deducted from the compensation of a substitute teacher during the current year and in subsequent years regardless of the number of days of service in the subsequent years.
1. Regular, full-time teachers paid a full contract will be given credit for a full year.
2. Substitutes - service credit is granted based upon the number of days worked pro-rated against 180 days, and the resulting portion of a year of service is earned.
3. Tutors, Adult Education and Part-time Teachers - service credit is granted based upon the number of hours worked pro-rated against 900 hours, and the resulting portion of a year of service is earned.
1. Creditable service will be granted to teachers paid on a contractual or daily basis as follows:
A. For purposes of this sub-section, a "full-time teacher" is a teacher who worked, in the pay periods covered by a payroll report, 100% of the regularly scheduled standard days prescribed by the employer for employees in the same class and school administrative unit. For the purpose of this paragraph, "full-time" must be at least 180 days.
B. Full service credit for the periods covered shall be granted to a teacher who works, in the pay periods covered by a payroll report, 100% of the days worked by a full-time teacher.
C. A teacher who works less than 100% of the days worked by a full-time teacher, in the payroll periods covered by a payroll report, shall be granted creditable service equal to the ratio of days worked by the teacher to 100% of the days worked by a full-time teacher.
D. Notwithstanding sub-sections B and C, a teacher shall continue to accrue creditable service while on a leave of absence without pay of up to 15 work days duration each year. If a teacher's regularly scheduled work year exceeds 180 days, the number of days in the previous sentence shall be increased to the number of days that would equal one month (i.e., .083 of one year) of creditable service.
2. A teacher on a sabbatical will be granted one year of creditable service if paid at least one-half of the teacher's contract salary for the previous year. If less than one-half of the teacher's contract salary is paid, creditable service equal to the ratio of the teacher's salary paid to 50% of the teacher's contract salary shall be granted.
3. Service credit for a teacher compensated by an hourly rate of pay is granted based upon the number of hours worked pro-rated against 900, and the resulting portion of a year of service is earned.
Creditable service will granted to teachers for administrative, supervisory or extracurricular activities or duties that are activities and duties in addition to and compensated separately from the primary teaching position as follows:
1. For positions compensated by an hourly rate of pay, service is granted based upon the number of hours worked pro-rated against 900, and the resulting portion of a year of service is earned.
2. For positions compensated by a set rate (i.e., stipend), service in the amount of 2 months and 20 days (i.e., .222 of one year) is granted.
3. A member may request that a different amount of service credit be granted. The request must be filed with the Retirement System within the school year during which the services are rendered. A different amount will be granted only if and to the extent that regularly-kept records of the member's employer detailing time worked in the position demonstrate that the member is entitled to a different amount. The member's employer must certify the accuracy of the records.
4. In no case will a member be granted more than one year of service credit in a year.
1. The above rules and regulations shall apply to membership and creditable service rendered for all public school teachers after September 1, 1978.
2. Creditable service rendered by tutors, substitutes and adult education teachers prior to September 1, 1978, will be granted on the basis of retirement system procedures in effect before September 1, 1978.
3. This rule applies to public school teachers who are members on and after September 1, 1978, and does not apply to those retired on or before that date.
STATUTORY AUTHORITY: 5 MRSA, §17103, sub-§4 and §17651
EFFECTIVE DATE:
September 1, 1978
READOPTED:
July 12, 1979
AMENDED:
July 1, 1987
November 4, 1989
June 26, 1991 (EMERGENCY)
November 9, 1991
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 5, 1996
NON-SUBSTANTIVE CORRECTIONS: October 2, 1996 - minor spelling and format.
AMENDED:
December 2, 1996 - Section 1 (A).
May 30, 2010 - filing 2010-211