An Act To Protect Teacher Retirement Income
Maine Legislature, Session 124, LD 1776
Committee Amendment CA_A-SA_A_S542 (Senate)
Amends: 5 MRSA §17001

SENATE AMENDMENT" /+" to COMMITTEE AMENDMENT "A" to S.P. 683, 
L.D. 1776, Bill, "An Act To Protect Teacher Retirement Income'" 
Amend the amendment on page I by striking out all of the 6th indented paragraph 
(page I, lines 23 to 27 in amendment) and inserting the following: 
'Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 5 MRSA §17001, sub-§4, ~rA, as amended by PL 2009, c. 571, Pt. RRR, 
§ I, is further amended to read: 
A. The average annual rate of earnable compensation of a member during the 3 years 
of creditable service as an employee in Maine, not necessarily consecutive, in which 
the member's annual rate of earnable compensation is highest. However, if a member 
is subject to a temporary layoff or other time off without pay as a result of a 
Governor's Executive Order, time off without payor loss of pay pursuant to the 
agreements of February 15, 1991, October 23, 1991 and June 11, 1993 between the 
Executive Department and the American Federation of State, County and Municipal 
Employees, Council 93, time off without pay pursuant to the agreement of June 11, 
1993 between the Executive Department and the Maine State Employees Association, 
days off without pay as authorized by legislative action or days off without pay 
resulting from any executive order declaring or continuing a state of emergency 
relating to the lack of an enacted budget document for fiscal years ending June 30, 
1992 and JlII~e 30, 1993, or, if a member elects to make the payments as set forth in 
section 17704-8, as a result of days off without payor for days worked for which the 
level of pay is reduced as the result of the freezing of merit pay and longevity pay as 
authorized by legislative action, by the State COllii Adnlinistrator or from executive 
order for the fiscal year beginning July 1,2002, July 1,2009 or July 1,2010, or a 
combination thereof, or, if a member is subject to days off without pay, not to E;xceed 
days in each fiscal year ending June 30, 1992 and June 30, 1993, as, a result of 
actions taken by local school administrative units to offset school subsidy reductions, 
or, if a member is subject to days off without pay during the fiscal year beginning 
July I, 2009 or July 1, 2010, as a result of actions taken by a local school 
administrative unit and the member elects to make the payments as set forth in 
section 17704-8 or, notwithstanding section 18202, as a result of actions of a 
participating local district to offset reductions in municipal revenue sharing or a 
" 
SENA TE AMENDMENT 
~o' ~ '!l. 
I 
SENATE AMENOMENT"tt" to COMMITTEE AMENDMENT "A" La S.P. 68], L.O. 1776 
combination thereof, for the fiscal years ending June 30, 1992 and June 30,'1993, QI, 
if a member is subject to days off without pay during the fiscal year beginning July I, 
2009 or July r, 20 10, as a result of actions of a participating local district and the 
member elects to make the payments as set forth in section 18305-C, the 3-year 
average final compensation must be determined as if the member had not been 
temporari Iy laid off, reduced in payor provided days off without pay; or' , 
SUMMARY 
This amendment makes changes to conform to changes made in the supplemental 
budget, Public Law 2009, chapter 571. 
II 
COUNTY: CumlJedalld 
FISCAL :",un: REQCIRED 
(See attached) 
/' 
/ 
SENA TE AMENDMENT 
• f 
') 
,) 
) 
~ 
f' 
" 
/"'", 
( 
\ 
"t::" 
' .. 
Approved: 04/02/10 wac:.. 
LD 1776 
LR 2539(04) 
An Act To Protect Teacher Retirement Income 
Fiscal Note for Senate Amendment 'tr- to Committee Amendment "A" 
Sponsor: Sen. Diamond of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
Removes potential future biennium cost increase - General Fund 
Fiscal Detail and Notes 
This amendment removes the provision in the bill allowing teachers covered by the Maine Public Employees 
Retirement System to purchase time attributable to days off without pay during fiscal year 2009-10 and fiscal year 
2010-11 as a result of actions taken by a school administrative unit. The provision was already included in Public 
Law 2009, Chapter 571, Part RRR, the 20 I 0-20 II supplemental budget bill. 
As amended, this legislation allows participating local district employees covered by the Maine Public Empl~yees 
Retirement System to purchase time attributable to days off without pay during fiscal year 2009-10 and fiscal year 
10-11 as a result of actions taken by a participating local district. As amended, this legislation will not result in an 
unfunded actuarial liability to the Participating Local District Program. The potential impact on the employers' future 
contribution rate can not be determined at this time and will be based on the future experience of the plan. 
LR2S39(04) - Fiscal Note - Page 1 of I 
~~=I