An Act Permitting Substitute Teachers To Opt Out ofthe Maine State Retirement System
Maine Legislature, Session 123, LD 0323
Committee Amendment CA_A_H390 (House)
Amends: 5 MRSA §17652, 5 MRSA §17704-A

COMMITTEE AMENDMENT "II" to H.P. 258, L.D. 323, Bill, "An Act 
Permitting Substitute Teachers To Opt Out ofthe Maine State Retirement System" 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 5 MRSA §17652, sub-§2, as amended by PL 2003, c. 261, §§land 2, is 
further amended to read: 
2. Delayed election of membership. A person, including a substitute teacher, who 
elects not to join the retirement system at the beginning of his that person's employment 
may at any time apply for and be admitted to membership. 
A-I. 
A person who joins the retirement system under this subsection may purchase 
service credit for the period during which the person served as an elected official or 
official appointed for a fixed term or was employed as a substitute teacher but was 
not a member of the retirement system. 
B. 
Membership service credit for persons joining the retirement system under this 
subsection shall aegis begins as of the effective date of first contributions or pick-up 
contributions to the system. 
C. 
This subsection applies to any member who begins membership after December 
31,1985.' 
Amend the bill in section 2 in subsection 6 in the 2nd line (page 1, line lO in L.D.) by 
striking out the following: "public school" 
Amend the bill in section 2 in subsection 6 in the 2nd line (page 1, line 10 in L.D.) by 
inserting after the following: "teachers." the following: 'The right of a substitute teacher 
to rejoin the retirement system is limited to 2 occurrences.' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 5 MRSA §17704-A, first ~, as amended by PL 2003, c. 261, §6, is 
further amended to read: 
COMMITTEE AMENDMENT 
~co· 
~. 
COMMITTEE AMENDMENT" A " 
to H.P. 258, L.D. 323 
An elected official ef~ an official appointed for a fixed term or a substitute teacher 
who began membership after December 31, 1985 may purchase service credit for the 
period during which that person elected not to be a member of the retirement system if 
the following requirements are met.' 
( 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds provisions to the bill similar to those governing municipal 
employees regarding the purchase of creditable service and rejoining the Maine State 
Retirement System. The amendment allows substitute public school teachers to rejoin the 
retirement system 2 times. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/21107 frac:.. 
LD323 
LR 480(02) 
An Act Permitting Substitute Teachers To Opt Out of the Maine State Retirement System 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Fiscal Detail and Notes 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium savings - General Fund 
Potential cost increase to school administrative units 
Since the State funds 100% of the employers' share of teacher retirement costs, this legislation may result in potential 
savings to the State if substitute public school teachers opt out of the Maine State Retirement System. The amount of 
savings can not be detennined at this time and will depend on the number of substitute teachers who decline 
membership in the System. 
However, this legislation may result in increased costs to school administrative units as employers of substitute 
teachers who opt out of the Maine State Retirement System for the employers' share of the required Social Security 
contributions or other alternative retirement plan. The impact to individual school units can not be detennined at this 
time. 
LR0480(02) - Fiscal Note - Page 1 of 1