An Act To Allow Temporary State Workers To Contribute to Social Security
Maine Legislature, Session 123, LD 1616
Committee: Labor
Sponsors: NASS
Amends: 5 MRSA §19002, 5 MRSA §19003

Legislative Document 
No. 1616 
S.P.560 
March 21,2007 
An Act To Allow Temporary State Workers To Contribute to Social 
Security 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator NASS of York. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRS A §17601, sub-§l, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
1. State employees. The head of each department shall submit to the board, on 
behalf of the employee: 
A. A statement showing the name, title, compensation, sex, date of birth and length 
of service of each member of the retirement system in that department and any other 
information required to administer this Part in the format specified by the executive 
director; and 
B. 
A statement giving whatever information regarding other employees in that 
department the board may require. 
This subsection is not applicable to temporary state employees, including temporary 
employees of the Maine Turnpike Authority, who elect not to become members of the 
retirement system pursuant to section 17652, subsection 6. Department heads may not 
make submissions pursuant to this subsection on behalf of such temporary employees. 
Sec. 2. 5 MRS A §17652, sub-§6 is enacted to read: 
6. Temporary state employees, including temporary employees of the Maine 
Turnpike Authority. Notwithstanding section 17651, membership in the retirement 
system is optional for temporary state employees, including temporary employees of the 
Maine Turnpike Authority. 
Sec. 3. 5 MRSA §19002, sub-§3, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
3. Employment. The term "employment" means any service performed by an 
employee in the employ of any political subdivision of the State, for such employer, 
except service which in the absence of an agreement entered into under this chapter 
would constitute "employment" as defined in the Social Security Act; or service which 
under the Social Security Act may not be included in an agreement between the State and 
the Federal Security Administrator entered into under this chapter. Employment in 
positions covered by any retirement system supported wholly or in part by the State or 
any of its subdivisions, except employment of temporary state employees, including 
temporary employees of the Maine Turnpike Authority, who elect not to become 
members of the retirement system pursuant to section 17652, subsection 6, may not be 
included in such agreement. 
Sec. 4. 5 MRSA §19003, first ~, as enacted by PL 1985, c. 801, §§5 and 7, is 
amended to read: 
The state agency, with the approval of the Governor, is authorized and, regarding 
temporary state employees, including temporary employees of the Maine Turnpike 
Authority, is directed to enter on behalf of the State into an agreement with the Federal 
Security Administrator, consistent with the terms and provisions of this chapter, for the 
purpose of extending the benefits of the Federal Old Age and Survivors Insurance System 
to employees of any political subdivision of the State, including temporary state 
employees and temporary employees of the Maine Turnpike Authority, and to the civilian 
employees of the Maine National Guard who are employed pursuant to section 90 of the 
National Defense Act of June 3, 1916 (32 U.S.c., Sec. 42), with respect to services 
specified in sucn agreement which constitute "employment" as defined in section 19002. 
Such agreement may contain such provisions relating to coverage, benefits, contributions, 
effective date, modification and termination of the agreement, administration and other 
appropriate provisions as the state agency and Federal Security Administrator shall agree 
upon, but, except as may be otherwise required by or under the Social Security Act as to 
lIthe services to be covered, such agreement shall provide in effect that: 
SUMMARY 
This bill makes membership in the Maine State Retirement System optional for 
temporary state employees, including temporary employees of the Maine Turnpike 
Authority, and requires the State to enter into agreements with the Federal Security 
Administrator to extend social security benefits to them as an alternative. 
Pag~ 2 - 123LR2366(Ol}-1