An Act Authorizing Participation in the State Group Health Plan for Retiring Legislators
Maine Legislature, Session 122, LD 2098
House Amendment HA_B_H1083 (House)
Amends: 3 MRSA §2, 3 MRSA §801

HOUSE AMENDMENT ,J3" to H.P. 1491, L.D. 2098, Bill, "An Act Authorizing 
Participation in the State Group Health Plan for Retiring Legislators" 
Amend the bill by striking out the title and substituting the following: 
'An Act Relating to Certain Benefits for Legislators' 
Further amend the bill by striking out everything after the enacting clause and before 
the summary and inserting in its place the following: 
'Sec. 1. 3 MRSA §2, sub-§l is enacted to read: 
1. Disability benefits. Notwithstanding any other provision of this section, in order 
to ensure that a disability annuity or payment to which a member of the Legislature is 
entitled is not reduced or lost, the member may file a written notice with the Executive 
Director of the Legislative Council within one week after the biennium commences or 
within 30 days of becoming eligible to receive a disability annuity or payment stating that 
the member waives all or a portion of amounts to which the member would otherwise be 
entitled under this section. Upon filing such a waiver, the member is entitled to receive 
only such amounts as the member has not waived. A waiver under this subsection does 
not affect the coverage of or state contributions to any benefits to which the member is 
entitled as a Legislator, unless the waiver expressly includes a waiver of such benefits. A 
waiver of retirement membership under section 801 must be in accordance with section 
801, subsection I-A. A waiver under this subsection applies to the term or remainder of 
the term of office to which the member is elected. 
Sec. 2. 3 MRS A §701, sub-§9, as enacted by PL 1985, c. 507, § 1, is amended to 
read: 
9. 
Earnable compensation. "Earnable compensation" means the actual 
compensation of a Legislator, except that, if a Legislator waives compensation pursuant 
to section 2, subsection 1, "earnable compensation" also includes any amount that is 
waived. Any money paid by the State under an annuity contract for the future benefit of a 
Legislator shalt must be considered part of the Legislator's earnable compensation. The 
earnable compensation of a member retired with a disability retirement allowance under 
section 853 shalt must be assumed, for the purposes of determining benefits under this 
chapter, to be continued after ffis the Legislator's date of termination of service at the 
same rate as received immediately prior to that time, subject to the same percentage 
HOUSE AMENDMENT 
,,6" 
HOUSE AMENDMENT ,~y" to H.P. 1491, L.D. 2098 
adjustments, if any, that may apply to the amount of retirement allowance of the 
beneficiary under section 858. 
Sec. 3. 3 MRSA §801, sub-§l-A, as enacted by PL 1989, c. 501, Pt. 0, §8, is 
amended to read: 
I-A. 
Waiver provision. Any Legislator may petition the presiding officer for a 
waiver from the membership provisions of subsection 1 if it can be demonstrated that 
membership in the Maine Legislative Retirement System will create or exacerbate a 
Legislator's federal income tax liability due to the ownership of another retirement plan. 
A Legislator who waives compensation pursuant to section 2, subsection 1 may also 
petition the presiding officer for a waiver from the membership provisions of subsection 
in order to ensure that a disability annuity or payment to which the Legislator is entitled 
is not reduced or lost. The Office of the Executive Director of the Legislative Council 
shall provide assistance as requested by the Legislator or presiding officer. The presiding 
officer shall respond to the Legislator's petition within 30 days and shall provide copies of 
the decision to the Executive Director of the Legislative Council and the Executive 
Director of the Maine State Retirement System. ' 
SUMMARY 
This amendment, which replaces the bill, is intended to ensure that a person is not 
required for financial reasons to choose between serving in the Legislature and receiving 
in full a disability annuity or payment to which the person is entitled. 
Under this 
amendment, a Legislator may file a written notice waiving compensation and expenses to 
which that Legislator is entitled in order to eliminate the consideration, application or use 
of those funds to reduce a federal or state disability annuity or payment. 
FISCAL NOTE REQUIRED 
( ) 
(See attached) 
SPONSORED BY: ~ 
L 
) j 
(Representative CUMMINGS) 
TOWN: Portland 
HOUSE AMENDMENT 
Approved: 04/28/06 frac.. 
LD 2098 
LR 3256(07) 
An Act Authorizing Participation in the State Group Health Plan for Retiring Legislators 
Fiscal Detail and Notes 
Fiscal Note for House Amendment ,~ " 
Sponsor: Rep. Cummings 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - General Fund 
This amendment removes the potential future biennium cost increase contained in the original bill. As amended, this 
legislation may result in minor cost savings to the Legislature if a legislator receiving or eligible to receive a disability 
annuity or payment waives all or a portion of the salary or expenses or other payments that a legislator is entitled to. 
The amount of savings can not be determined at this time and will depend on the number of legislators to which this 
provision would apply and whether a waiver is filed. 
LR3256(7) - Fiscal Note - Page I of I