HomeMy WebLinkAbout1992-01-13 92-91 ORDER_ Date 1-13-92 L x Item No.922-91
IteMSublcct r mx:ro State B Ity Cvueeage foe Pact-rive
Seasonal, Tmgnrazy (FST) wicyena
Responsible Departmentygaayne�p�mtim
Commentary:
Recent eederel Iegislntim zewixvni t31at Public 6masstoe employsea pioeide caf:B
Social Saveity cvvaeal oe psmt cfpatim In a qualified xet3x®eR Plan (➢Hire
State Betitment) for their part-tfine, seawmel oto tmpoeazy mployera. In oedm
to comply wlth the near Federal laa, tie Moire Bute Rstfeegemt Systems last week
enacted ereegaay eulmalcisg intone which municipalities mist elect by Pehmeey 1,
1992 name of tloee options ^; lbet-tore, seasaral mai Tiampotary eigaloyeea
by Feb. 1, 1992. It is xa^cmmtoed that Cpi 3 be el Yal wh1ch would tlary
imembmahip w all pinnal oto fimtum Parttirte, seeaonal oe toopceaey employees.
the effect of this anion wild be w e acluJa tinea enpiloyaame fxvn riaRoeeahip in
the MSi+S. Bleee mPlgmP wnsld thers be coaeeed untlaz social Security.
chis 58 a cbani fen the staff xec®retoation at tM January 6, 1992 Finance
Camdttee meeting. Too MSPS Casual of Tmetaee at tt 1e est rs;sst seetirq
deleted the optfm that staff bad prerloualy wlth
14M officials, the election of Cptlm 3 will aecampliah aur obja- w of
z®rwuH PSP m4loyaes fry LbRS coveratR.
Manager's Comments: w0j b/ynj
WGuJ7 Dlv�v �➢2 did OP'�'(At1 n-u Ud0. �dA'N/'Kc�
I�
-,b�AJL,"2;r .
caro at...as,
Associated Information: OavI,1 (x..m IMSP-$
Budget Approval: fod� a_
Fissura 0irc
Legal Approval:
Ciryso manic
Introduced For
passage
❑First Reading
PW—of-Referral
Maine State Retirement System Regarding Part-time, Seasonal and Temporary
.......(PST) EmpT' gees .............. _... .......... .........
13y Ge Oily Ce lNue Oiq gBnayor:
MT the City Manager is hereby authorized to file the
appropriate election form with the Maine State Retirement System
Board of Trustees declining to adopt the provisions of PL 1991,
C.619, pertaining to Part-time, Seasonal and Temporary (PST) Employees-
92-91
A rmato Coancim
Stone, January 13, 1992
CITY
OF
BANGOR
(TITLE.) (Drbgr,__...Author
zing the City
Manager to File Election Form with
Maine State Retirement System Regarding Part-time, Seasonal and Temporary
.......(PST) EmpT' gees .............. _... .......... .........
13y Ge Oily Ce lNue Oiq gBnayor:
MT the City Manager is hereby authorized to file the
appropriate election form with the Maine State Retirement System
Board of Trustees declining to adopt the provisions of PL 1991,
C.619, pertaining to Part-time, Seasonal and Temporary (PST) Employees-
92-91
ORDER
In City Cownil January 15,1992 Title,
TAble Consider next meeting Authorizing the City Manager to file election
form with Maine State Retirement system regarding
...........8.........444......
n Part time seasonal end temporary (PST) fl ployees
In City Council January 27,1992 Pala
/^/c -
Passed .......�.(.(.1'YCWff. �1524R.........
Cowcilman
49mm G
C tY ar c
VCU
On December 23, 1991• a mencrandum was mailed to each of you with a copy
of a proposed emergency rule encloead. The ,said Of Trustees, at a special
meeting on December 31. 1991, held a public hearing on the proposed emergency
rule and after making one amendment voted to adopt the =10 (cepY enclosed).
The amendment deleted Subsection C of Section 3 which would kava gives the
participating local district, m additional option of excluding from mamberahip
in the Retirement System only the part-time nal or temporary, employeta
who did not have 30 years of creditable service a5 Of December 31, 1991.
The rule as adopted gives the participating local districts, with
employees who are not Proceed by Social Security under a Section 218 agreement,
the option of,
1)
coverunder MRS ma5ership
Ciaudek. Peace, RveaYce Director
Send of Trustees
Jwcph A. GahtLibrary Director
Po�4P A.Gmgaw, Depary Direc'Wr
David S. Wakelin. Chairman
Kay N.N Evav,Mu. Esscnnve DYeuar
Domain Burgoyne
T0.207-289-3461
Wiliam L Daring, PhD
Toil fi¢: 1.800-051-9890
ChmIp M.Jakmn
FA%a m) -28A1032 SlaTEOFNA E
Jahn H. Kimbell
JOB A. Lund
MAINE STATE RETIREMENT SYSTEM
Grover hlaclaughit
as
poraTna
• aWasia.aer�onvaaa
8mnuel Shama,
Blore Treasurer
DATE: January 2, 1992
TO, Participating Local Districts With BmplOyeea Not Covered By Social
Security Under A Section 218 Agreeme➢t
FROM: P. R. Cingrow• Deputy Director
SUBJECT: Part -tine, seasonal or Temporary Employee, - Membership.
in Maine
State Retirement Bratem and Social Security Coverage
On December 23, 1991• a mencrandum was mailed to each of you with a copy
of a proposed emergency rule encloead. The ,said Of Trustees, at a special
meeting on December 31. 1991, held a public hearing on the proposed emergency
rule and after making one amendment voted to adopt the =10 (cepY enclosed).
The amendment deleted Subsection C of Section 3 which would kava gives the
participating local district, m additional option of excluding from mamberahip
in the Retirement System only the part-time nal or temporary, employeta
who did not have 30 years of creditable service a5 Of December 31, 1991.
The rule as adopted gives the participating local districts, with
employees who are not Proceed by Social Security under a Section 218 agreement,
the option of,
1)
coverunder MRS ma5ership
all present and future part-time,
seasonal or temporary employees,
2)
cover ureter MSR9 membership
only those part-time,
seasonal O
temporary employees who are
employees on December
31, 1991• or
3) deny membership to all present and future part-time, seasonal
Ltemporary ampiovaaay/�/�y[µ'��q,Pnr o
In each instance, the vote men e6C b' Oy Neyboa ed Yo approve
GUG�^
participation in too Retirement System for the participating localdistrict.
There is enclosed with this memorandum a copy of an election form which
Participating Local Districts With
Employees Not Coveted By social
Security Under A Auction 218 Agreement
Memorandum - January 2, 1992
Page 2
met be completed and returned with the certified copy of the vote taken Dq
Pebruary 1, 1992. Please note that section 5 provides that if the required
vote Is not filed with the Retirement System by February 1, 1992, that district
will ba denied to have opted t0 continue membership in the Retirement System
for all of its part-time, seasonal Or temporary employees.
'Please return the enclosed selection form together with the certified copy
of the vote to:
4thy Morin
Retirmmt Benefits Specialist
Maine State Retirement System
State eouw Station 846
Augusta, Maine 04333.
My questions regarding this matter should also he Irec a a. or n.
P. R. GiftarbW, DtWva�reOtOr
PAG/p)m
Enclosures
cc: Maine Municipal Association
American Federation of State, County and Municipal Employees
Maine State Employees Association
Maine School MmagmeM Association
Maine Teadhere Association
Teamsters
Kathy Morin, Retirement Benefits Spaciallat
F3ffio.EipCY FTMD : The R of Trustees find that the enactment
of PL 1991, C. 619 on � 21, 1991, effective w saps 31,
1991, creates an add a with respect to the teal to adopt rules
grn'arnrnT actions which est be tale by participating local
districts under the statrt . Toa &mrd mailer notices of emergency
rule-making and pies of the proposed rule to all participaty
local districts, to the Maine Maicipal Association, and to
representatives of darticiPatin9 local district evmlayees (i.e.,
Ute American Federation a State, Canty, and Mmicipal Employe®,
ode mine state aplolers Asssiation, the Maim 1Famers
Association, and the Teamsters) an Owner 23, 1991.
SfBmRRy: 'Bti. caapVi establishes the extent to which a
participating local district may include or exclude its part-Gime,
seascral or Temporary employers from membership m the Maine State
R tiiemeat System; specifies the wanner m whica a Farticipatirg
local district most notify the Systeu of its decision with respect
to these employees; requires thad 9itieipeting local districts
ecrt.Lve to cntribuTe to the System inccordance with their
existing plans on be<mlf of part-time, seasael or temporary
employs until the System is notified of any ckv : and
establish® a deadlire for notification and the consequences of
failure to act.
1. 2£ipiticns
Part-time, seas._n,—u a. t—._ _ ry endlevea. ^part-time, seasonal or temporary
mplcee„ mmru an em+loyec atrse ewl%naeat position is part-time, seasoml or
unary as defined in 26 CFR Part 31, attached m this rule as an Appendix.
2. gdcutian .
A participetrng local district may adopt the provsrom of in. 1991, a 6d9 by
elects ono of the foil irq provisions:
A. A par:lcipating local district nosy adopt PL 1991, C. 619 for all of its
part-time, seasaal cr t®gxn-ary employees who are employees of the
district on december 31, 3991, and! all part -tine, acasmal cr temporary
employees hired on or after Tan axy 1, 1992 by filing with the Proof of
Tnmtem a ,m,+; ried.py of the vote a the body enthral to appxoue
partrcipetuon m the Mane State FeT.ix®mnt System: or
B. A partrcipating local district may adopt PL 1991, C. 619 only for those
part -tide, seasaal or temporary empicyeea arae ate emloyeee of the
district on ISS 31, 1 1, by Pili J wiVa the Board of ftust s a
Certified p of The vote of the body entitled to approve participation
m the M 4 State net moat System.
• Fegaldlms of the date upon which the vote to adopt A or 8 is filial, the
adoption is effective as of January 1, 1992.
3. A participating local district may decline to adopt the prow sick of M
1991, C. 619 by filing with the Board of 11vstr a certified apl o£ the vote of
The body entitled to apinwe participation m the v State Systsa.
ThO district sc t CMItinue to to the Retirement Sys,® m accomOa ce
with it Iarticipat m.
[ : A district must also m the •m„ ors of Fadaaai Social
Sec=ity S and lib rules for its p it-tiop, saaac:ai of temporary
mpicYees.
4. Until a participating local district Takes action as requires otlec this
ruler it shall Cort IdUa tO Madre cOrt itUticlS to the 1+Etireme it Sys according
to the tears of its participation for all of its Cart -time, seasonal ar tmperary
employees Wmiher they are mployees of the district on Phi 31, 1991 of and
hired thereaetar anl its Part-time, seasonal of temPxaary employees are entitled
to the rights and berefits esTablishm by M 1991, c. 619.
5. A participrtiM local district which does not file the vote regoured by this
rule with the Pard of TntStea^, by Fabry 1, 1992, will be deemed to lave
dedined to adopt the prwisioos of M 1991, a 619, and saso tMi acted vmtinue
W omtrilouts to the iNimcnn..n System in accodikCa with its partici.Wtim. 'fh9
district may not Lhereaftm take a dif£armr acdan under thi. rule.
is RF: A district must also meet the te.Iirmanfs of Fedaal Spial
Seasity law add IDS rules for its part-time, seasatal or to porary
etplcyms.
PIA}g$1TY: M 1991, C. 619, amevdicg 5 MdiSA Section 18256 (2).
PPSSS particINP: 1131.4 al districts
may TM u3e or T➢ Odd and the Nor 131
seasonal
Or te.,mprol local districts may ]Irlpat zn m the
Stied, part -tamer
seasonal p t�afy evplay-__ from partrcipatron in the 1 -@ride State
RaHA.m./ Bytom.
A plblic heafvg was held on the Proposal aRrge3b( rule an � 31,
1991. l of two mployer Organizations were Present. tc. 9agayre code
the matiml, saar:dad by Mr. Itimhall, to adapt the proposed aoer9e`Ky rule
rmcvil SOCtim1 2(C). Voted Uzm:n..<iy,
1RFECT1vE MPS: December 31. 1991
APp1 a M aAPftR 801, M.S.R.S. R=
26 CFR Pdit 31: ff.FIIR1 = OF PAFPTIME:r SElSH'AL aId'&SIID<WiY II43DyEB'
(iii) Def=tims of parr- , sexsoml and temprary emplcy
(A) Def h,t = of part -t employee. 4br [c¢(;aes of ihi. section, a
part-time empicyas is any employee who no>mally xodm 20 hors cr less
per womb. A taaaar employed by a psTseccudexy educational
insUt don (e.4., a amity or jrdor college, pcet---ndary
vocmti stoccl, college, mivereity or gratTate stiool) is not
mrid¢ai a p rt-tlme eaplcyea for purposes cf t socia: If he or
she nc n y has classroom hours of ore -half oc room of the name of
classicrID haus designatal by The eAxatival inutitntian as
constituting full-time employment, provided ttat such desigrwt cn me
rewapmah a under all the facts, and circumstance. ma addition, eiecrei
officials and a cn xorkexs (otherwise described in atidn
3221(b)(7)(F)(iv) brt paid in excess of $100 anally) are not
C¢aiderat part-time, Saasonal or tmpoxary employees for pupxcs of
t section. The soles of this paragraph (d) (2) (iii) are iii tr tai
by the follwm g eomple:
Example. A ctmaunity college treats a teatar as a full-time employs
if the teacher is a ignef to work liciasstcan hours per k k. A new
teatat is assigned to work 8 classroom haus per reek. Bemuse the
assignmd clastoom boas of tla tearher ate at least ora-lalf of the
s tool's defiriltlon of full-time teaCier, the taad:er is rot a
. part-r;me avploy�.
(B) Definition of seasonal employee. For puxg of this sectim, a -
sessnal employee is any employee who normally xorl6 on a full-time
basis less than 5 moths m a year. Ttoss, for example, individuals who
are hirci by a politiml sytdivisim during the tax rehun season in
order to process Lmai g ret^^c and wmtk full-time over a 3-montta
Period are seescral employees.
(C) Definition of temporary employee. For peg of this sectian, a
temporary employee is any employee performing services under a
'++=m arrangement with the eaplayer of 2 years or less duuatim.
lF ] e co( t eAhmas @1a may be cons rBt' m detanu i The
u
Aatim of a r�*.t�,++.en mmgxnt, Fut only if, unrffir^the fags and
circum_*_, there is a signlfimit lilwlilmxd that the emplgree's
contract will be extenle9. Fuhue miGaR exterssiass axe asssidexai
sigrouimntly likely to occur for puFo=s of this rale if on average
so petro t o£ simllarly situatai employees (i.e., those in the same.. or
a similar ]m ^u=nifim with expiring empioym contracts) have
had tea fide offers to renew their contact in the i.m.w+xemy
preaed r 2 acedesic Cr mlmdar years. In a tiau, futlue Contract
extensus are � '.ymiF— my likely to ortar if the employs,
with respect to a tae detmmLatim is being made has a history of
ca t exte cos with respect to his or her ammR ped . An
employee is not cons� a tevxxaxy employee for purposes of this
rule solely bemuse he or she is included m a unit of employees
covered by a collective berg% mg ag� of 2 years or less
duration.
PLD ELECTION FORM
v swxewAtEanlRDaxrsratsn FOR PART-TIME, SEASONAL
AND TEMPORARY EMPLOYEES
AS REQUIRED BY CHAPTER 801 MSRS RULES
Amlable options (select only one option):
Q- Aparaciystng local aaa:tt may adopt PL 1991.c619 for" of mpart-nne.rrasoml or tenporaq employees roto are
employee; &the detrla on December 31. 1991. and all part -tame seaeaW or temporary elployeas Fuad on or after
fmwy 1, 19U by fiYry w dN Me BoaN aTnest ,rectified u,ladu voce of t Wdy entitled to approve
partiname n In the Mane Snte Morainal System.
OA gnitlptirv( lod distrix m adapt111991,c 619 onyfor dross part-dme. mane or temporary empbyeas who
am anipoy es of the district on Decxber 31. 1991. by "n with the Board a1ma"s a certified ropy athe voce athe
body entrtkd to approve participation in the Maine State Retirement Stem.
Q Aparvcpadrq tote wancalmy body
to all
l p partic NPL 199hc ineSategwehthe Board NT esa
mused copy,,, rose Nara he R entitled to approveaccoripaaon n the Mame Sr=.• Reuremem system. Tye district
must crntvve ro canV¢u[e to Me ftrdrement Syuml In acwdmce wiM it prtkyuicn
ELECTION MUST BE FILED WITH MAINE STATE RETIREMENT SYSTEM BY
FEBRUARY 1, 1992.
Signature of Certifying Official
Participating Local District Name
Date
EIECIPoI.PM,
Dw.Oeo