An Act To Change the Way Legislators Are Paid
Maine Legislature, Session 126, LD 1369
Committee: State and Local Government
Sponsors: PARRY, MASON, CHASE, HARVELL, SANDERSON
Amends: 3 MRSA §2, 5 MRSA §285, 5 MRSA §18055

Legislative Document 
No. 1369 
H.P. 977 
House of Representatives, April 9, 2013 
An Act To Change the Way Legislators Are Paid 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PARRY of Arundel. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: CHASE of Wells, HARVELL of Farmington, SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  3 MRSA §2, first ¶, as amended by PL 2011, c. 380, Pt. QQQQ, §1, is 
further amended to read: 
Each member of the Senate and House of Representatives, beginning with the first 
Wednesday of December 2000 and thereafter, is entitled to $10,815 $20,000 in the first 
year and $7,725 $20,000 in the 2nd year of each biennium, except that if a Legislator who 
is a recipient of retirement benefits from the federal Social Security Administration files a 
written request with the Executive Director of the Legislative Council within one week 
after the biennium commences, the Legislator is entitled to $9,270 in each year of the 
biennium.  Legislators are considered self-employed and independent contractors.  Each 
member of the Senate and the House of Representatives must receive a cost-of-living 
adjustment in annual legislative salary, except that the percentage increase may not 
exceed 5% in any year, and except that the percentage increase may not exceed 3% 
beginning with the fiscal year ending June 30, 2014.  Beginning December 1, 2001, the 
salary for each legislative session must be adjusted each December 1st by the percentage 
change in the Consumer Price Index for the most recently concluded fiscal year; except 
that no member of the Senate or the House of Representatives may receive a cost-of-
living adjustment in annual legislative salary for the Second Regular Session of the 124th 
Legislature, and except that no member of the Senate or the House of Representatives 
may receive a cost-of-living adjustment in annual legislative salary for the Second 
Regular Session of the 125th Legislature and the First Regular Session and the Second 
Regular Session of the 126th Legislature, and any percentage change in the Consumer 
Price Index for the fiscal years ending June 30, 2011,  June 30, 2012 and June 30, 2013 
may not be applied to the base salary.  In addition, each Legislator is entitled to be paid 
for travel at each legislative session once each week at the same rate per mile to and from 
that Legislator's place of abode as state employees receive, the mileage to be determined 
by the most reasonable direct route, except that Legislators may be reimbursed for tolls 
paid for travel on the Maine Turnpike as long as they have a receipt for payment of the 
tolls, such tolls to be reimbursed when Legislators use the Maine Turnpike in traveling to 
and from sessions of the Legislature or in performance of duly authorized committee 
assignments.  Each Legislator is entitled to mileage on the first day of the session, and 
those amounts of salary and expenses at such times as the Legislature may determine 
during the session, and the balance at the end of the session. 
Sec. 2.  3 MRSA §2, 6th ¶, as amended by PL 2003, c. 691, §1 and affected by §2, 
is further amended to read: 
In addition to the salary paid for the first and 2nd regular sessions of the Legislature, 
when a special session is called, the members of the Senate and House of Representatives 
must each be compensated $100 for every day's attendance, expenses and mileage 
pursuant to this section; except that if a special session is called during the time period 
specified in this section for a first regular session or 2nd regular session, the special 
session per diem does not apply. 
Sec. 3.  3 MRSA §2, 8th ¶, as amended by PL 2009, c. 636, Pt. A, §2, is further 
amended to read: 
The member of the Penobscot Indian Nation, the member of the Passamaquoddy 
Indian Tribe and, beginning with the Second Regular Session of the 125th Legislature, 
the member of the Houlton Band of Maliseet Indians elected to represent their tribes at 
the Legislature are entitled to receive a salary equal to the salary of members of the 
Senate and the House of Representatives, including a cost-of-living adjustment, for each 
regular session and allowance for meals, constituent service, housing and travel expenses 
to the same extent as members of the House of Representatives for attendance at each 
legislative session or authorized committee meeting. For the duration of any special 
session of the Legislature, they are entitled to receive the same per diem payment and 
allowances, including housing, meal and travel expenses, as any member of the Senate 
and House of Representatives. 
Sec. 4.  3 MRSA §2, 10th ¶, as amended by PL 1989, c. 501, Pt. O, §5; c. 600, Pt. 
B, §§9 and 10; and c. 878, Pt. D, §§14 and 15, is further amended to read: 
The President of the Senate, the Speaker of the House of Representatives, the floor 
leaders and their assistants and members of a committee, with the approval of the 
President of the Senate or the Speaker of the House of Representatives as to members of a 
committee, may also meet on days when the Legislature is not in daily session at any 
convenient location within the State. Each member of the Senate and House of 
Representatives shall receive $55 for every day's attendance when meetings or daily 
sessions are held, is entitled to a meal allowance in the amount of $32 and a housing 
allowance whereby actual lodging expenses will be reimbursed at the single-room rate, 
provided that as long as a receipt is submitted to the Executive Director of the Legislative 
Council for each day in attendance at such meetings or daily sessions and for each day 
that member occupies overnight accommodations away from home either immediately 
preceding or immediately following attendance at daily sessions of the Legislature and 
actual daily mileage allowances, which shall must be paid at the same rate paid to state 
employees. In lieu of the meal and housing allowance, each member shall be is entitled to 
a daily meal allowance in the amount of $32 and actual daily mileage allowances. 
Sec. 5.  3 MRSA §2, 12th ¶, as amended by PL 1989, c. 501, Pt. O, §6; c. 600, Pt. 
B, §§9 and 10; and c. 878, Pt. D, §§14 and 15, is further amended to read: 
If a member of the Legislature dies or otherwise vacates the office, the successor is 
entitled to a salary from the date of seating, computed as follows: two hundred ten dollars 
of $388 per week times the number of weeks remaining in the calendar year if the 
vacancy occurs in the first year and $150 per week for the number of weeks remaining in 
the calendar year if the vacancy occurs in the 2nd year. 
Sec. 6.  5 MRSA §285, sub-§1, ¶A, as corrected by RR 2011, c. 1, §4, is 
amended to read: 
A.  Each appointed or elective officer or employee of the State who is eligible for 
membership in the Maine Public Employees Retirement System, Legislative 
Retirement Program or the State Police Retirement System; 
Sec. 7.  5 MRSA §285, sub-§1, ¶J, as amended by PL 2011, c. 438, §2, is further 
amended to read: 
J.  Legislative employees that are recipients of retirement allowances from the Maine 
Public Employees Retirement System based upon creditable service as teachers, as 
defined by section 17001, subsection 42; and 
Sec. 8.  5 MRSA §285, sub-§1, ¶K, as enacted by PL 2011, c. 438, §3, is 
amended to read: 
K.  Any employee of a school administrative unit as defined in Title 20-A, section 1, 
subsection 26 or of an educational advisory organization as described in Title 30-A, 
section 5724, subsection 9.; and 
Sec. 9.  5 MRSA §285, sub-§1, ¶L is enacted to read: 
L.  Any Legislator. 
Sec. 10.  5 MRSA §285, sub-§7, ¶D, as enacted by PL 2009, c. 213, Pt. GG, §1, 
is amended to read: 
D.  For Legislators, the The State shall may not pay 50% for any of the health plan 
premium for a Legislator or for a Legislator's dependent coverage. 
Sec. 11.  5 MRSA §18055, sub-§1, as amended by PL 2007, c. 491, §§179 and 
180, is further amended to read: 
1.  Availability.  Except as provided in subsection 2 or 4, insurance purchased under 
section 18051 must be made available to the following persons:  
A.  Elective and appointive officers and employees of the State eligible for 
membership in the State Employee and Teacher Retirement Program or the 
Legislative Retirement Program; 
B.  Teachers eligible for membership in the State Employee and Teacher Retirement 
Program; 
C.  Justices of the Supreme Judicial Court and the Superior Court and Judges of the 
District Court and the Administrative Court; and 
D.  Workers' compensation commissioners.; and 
E.  Legislators. 
Sec. 12.  Board of Trustees of Maine Public Employees Retirement 
System required to submit legislation by January 1, 2014 to close the 
Legislative Retirement Program.  The Board of Trustees of the Maine Public 
Employees Retirement System shall submit legislation by January 1, 2014 to the Joint 
Standing Committee on State and Local Government that closes down the Legislative 
Retirement Program by July 1, 2014.  The legislation must include a provision that allows 
members of the Legislative Retirement Program who are eligible for the State Employee 
and Teacher Retirement Program to become members of the State Employee and Teacher 
Retirement Program and a means to refund accumulated contributions to members of the 
Legislative Retirement Program who do not become or are not eligible to become 
members of the State Employee and Teacher Retirement Program.  The Joint Standing 
Committee on State and Local Government may report out a bill to the Second Regular 
Session of the 126th Legislature to close the Legislative Retirement Program. 
Sec. 13.  Effective date.  Sections 1 to 11 of this Act take effect November 30, 
2014. 
SUMMARY 
This bill changes the pay to members of the Senate and House of Representatives in 
the first year of the legislative session from the current rate of $13,852 to $20,000 and the 
pay in the 2nd year of the legislative session from the current rate of $9,661 to $20,000 
and removes the cost-of-living adjustment beginning November 30, 2014.  Members of 
the Penobscot Nation, Passamaquoddy Tribe and Houlton Band of Maliseet Indians 
receive pay equal to that of members of the Senate and House of Representatives.  The 
bill repeals the law that provides additional legislative pay for each day's attendance at a 
special session, but keeps the provision that provides expenses and mileage payments to 
Legislators during a special session.  The bill also removes the provision of health 
insurance to Legislators and allows them to purchase health insurance for themselves and 
for their dependents at the rate at which the State purchases health insurance.  Legislators 
may also purchase life insurance through the State.  The bill also requires the Board of 
Trustees of the Maine Public Employees Retirement System to submit legislation by 
January 1, 2014 to close the Legislative Retirement Program by July 1, 2014.  The 
legislation must allow members of the Legislative Retirement Program who are eligible 
for the State Employee and Teacher Retirement Program to become members of the State 
Employee and Teacher Retirement Program.  Members of the Legislative Retirement 
Program who do not become members of the State Employee and Teacher Retirement 
Program will receive a refund of accumulated contributions.  Legislators are considered 
self-employed and independent contractors and are responsible for paying taxes including 
the employer and employee portions of social security and Medicare.