Maine § 18251. - Compulsory and optional membership
Full text of Maine Maine Revised Statutes § 18251. — Compulsory and optional membership, with citation guidance and answers to common questions.
§ 18251.. Compulsory and optional membership
1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Compulsory membership. Membership is compulsory for all persons entering the service of a participating local district after the date of establishment for the participating local district, except as otherwise provided by subsection 3; section 18201, subsection 3; or section 18256.
1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Compulsory membership. Membership is compulsory for all employees entering the service of a participating local district after the date of establishment for the participating local district, but not for employees exempted under subsection 2; under section 18201, subsection 3; or under section 18252.
2. Optional membership.
3. Optional membership. Membership in the Participating Local District Retirement Program is optional for the following employees of a participating local district:
A. A person in the service of a participating local district on the date of establishment for that participating local district. Once such a person joins the Participating Local District Retirement Program, membership ceases to be optional for that person under this paragraph; [PL 2007, c. 491, §188 (AMD).]
B. An elected official or an official appointed for a fixed term. Special provisions apply to certain officials as follows:
(2) Membership of trustees of a sanitary district is governed by Title 38, section 1104; and
(3) Membership of trustees of a sewer district is governed by Title 38, section 1036, subsections 7 and 8; [PL 2013, c. 555, §1 (AMD).]
C. A chief administrative officer of a participating local district, whether appointed for a fixed term or appointed with tenure; and [PL 2003, c. 630, Pt. A, §3 (NEW).]
D. A person whose membership is optional under section 18252, 18252‑A or 18801. [PL 2003, c. 630, Pt. A, §3 (NEW).]
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.
4. Delayed election of membership.
5. Reentry.
6. Limitations on claims for participation. If an employee claims that the employee was not offered participation in the program at the commencement of or during the course of employment with the participating local district, that claim must be commenced within 6 years of the date upon which the employee was first eligible for participation in the program.
7. Participation in other retirement plans. If an employee requests and is allowed retroactive participation in the program, and during the time for which these retroactive retirement benefits are sought the participating local district offered and the employee participated in another retirement plan, all contributions made to the alternative plan by the employer and all earnings made on employer and employee contributions must be paid to the retirement system, up to the amount that the employer is required by the retirement system to pay to fund retroactive benefits under the program. In the event the funds available in the employee's alternative retirement plan account are not sufficient to fund the employer's required contributions to the retirement system, the employer shall pay any remaining employer contributions required by the retirement system to fund retroactive benefits under the program.
Frequently Asked Questions About Maine § 18251.
What does Maine Revised Statutes § 18251. cover?
Section 18251. ("Compulsory and optional membership") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 18251.?
A common citation format is "Maine Revised Statutes § 18251." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 18251. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.