An Act To Expand the Number of Qualified Educators
Maine Legislature, Session 126, LD 0039
Committee Amendment CA_A_H621 (House)
Amends: 5 MRSA §17859

COMMITTEE AMENDMENT" !l " to H.P. 34, L.D. 39, Bill, "An Act To Expand 
the Number of Qualified Educators" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 5 MRSA §17859, sub-§l-A is enacted to read: 
I-A. Restoration to work of classroom-based employees. Effective August 1, 
2014, a classroom-based employee who has reached normal retirement age and who 
retires after September 1, 2011 may be restored to service as a classroom-based employee 
with a school administrative unit as defined in Title 20-A, section 1, subsection 26: 
A. In one-year contracts, which may -be nonconsecutive. The maximum time that a 
classroom-based employee may be restored to service with an individual school 
administrative unit pursuant to this paragraph is 5 years; 
B. 
Subject to the 5-year restriction specified in subsection I and the 75% 
compensation limitation for retired state employees and retired teachers specified in 
subsection 2, paragraph A; or 
C. 
In any combination of paragraphs A and B, as long as the total time the 
classroom-based employee is restored to service does not exceed 10 years with an 
individual school administrative unit. 
The retired classroom-based employee must have had a bona fide termination of 
employment in accordance with state and federal laws and rules, may not return to 
employment after retirement with the same employer for at least 30 calendar days after 
the termination of employment and may not return to employment before the effective 
date of the person's retirement. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 1\" to H.P. 34, L.D. 39 
I 
For purposes of this section, "classroom-based employee" means a teacher whose 
principal function is to introduce new learning to students in the classroom or to provide 
support in the classroom during the introduction of new learning to students. 
Sec. A-2. 5 MRSA §17859, sub-§2, ~A, as enacted by PL 2011, c. 380, Pt. 
MMM, § 1, is amended to read: 
A. The compensation of the retired state employee or retired teacher who returns to 
service must be set at 75% of the compensation established for the position to be 
filled, at a step determined by the appointing authority. The compensation of the 
retired classroom-based employee who returns to service as a classroom-based 
employee pursuant to subsection I-A, paragraph A must be set at 100% of the 
compensation established for the position to be filled, at a step determined by the 
school administrative unit, for up to the maximum 5-year period that a classroom-
based employee may contract with an individual scho.ol administrative unit. 
PART B 
Sec. B-l. Working group. The Commissioner of Administrative and Financial 
Services or the commissioner's designee shall cOnvene a working group to review the 
impact that the Maine Revised Statutes, Title 20-A, section 17859 as originally enacted 
by Public Law 2011, chapter 380, Part MMM, section 1 has had on the State as an 
employer, local school administrative units and the Maine Community College System 
and invite interested parties including the Maine Community College System, statewide 
associations representing teachers, school boards, principals, superintendents and state 
employees to participate in the review. The working group shall identify the number of 
state employees and teachers who have retired and returned to work pursuant to Title 
20-A, section 17859 as originally enacted; the financial impact of that provision including 
any savings to the State and local school administrative units; and any unintended or 
unforeseen consequences that have occurred as a result of that provision. 
Sec. B-2. 
Report. 
No later than January 8, 2015, the Commissioner of 
Administrative and Financial Services shall report to the joint standing committee of the 
LegislatUre having jurisdiction over appropriations and financial affairs and the joint 
standing committee of the Legislature having jurisdiction over education and cultural 
affairs the working group's findings and recommendations, as required by this Part, 
including any implementing legislation. 
The joint standing committees are each 
authorized to report out a bill related to the subject matter of the report to the First 
Regular Session of the 127th Legislature following receipt of the report.' 
SU~Y 
This amendment replaces the bill. It amends the law regarding the restoration of 
service for state employees and teachers by providing that, effective August 1, 2014, 
certain teachers, defined as "classroom-based employees," who have reached normal 
retirement age and who have retired after September 1,2011 may be restored to service 
as classroom-based employees at 100% of the compensation established for the positions 
to be filled through one-year contracts. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 34, L.D. 39 
A classroom-based employee may be employed by an individual school 
administrative unit for no more than 5 one-year contracts, which do not have to be 
consecutive. The 5-year limit is per school administrative unit. 
Under this amendment, a retired classroom-based employee may return to service at 
the same school administrative unit for a maximum of 10 years: 5 years under one-year 
contracts at 100% of the compensation for that position and 5 years at 75% of the 
compensation for that position as specified in current law. 
This amendment also establishes a working group to review the impact that the 
Maine Revised Statutes, Title 20-A, section 17859, as originally enacted in Public Law 
2011, chapter 380, Part MMM, section 1, has had on the State as an employer, local 
school administrative units and the Maine Community College System and to provide for 
a report to the joint standing committee of the Legislature having jurisdiction over 
appropriations and financial affairs and the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs describing the working group's 
findings and recommendations, including any implementing legislation, no later than 
January 8, 2015. 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/19114 
~aC!. 
LD39 
LR 742(02) 
An Act To Expand the Number of Qualified Educators 
Fiscal Note for Bill as Amended by Committee Amendment '~'(JI-Io..2I) 
Committee: Appropriations and Financial Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact - school administrative units 
Allowing certain teachers, defined as classroom-based employees, who have reached normal retirement age and who 
retired after September 1, 2011 to be restored to service as classroom-based employees at 100% of the compensation 
established for the position to be filled for up to a maximum of 5 years with a school administrative unit effective 
August 1, 2014 will have no net fiscal impact on local school administrative units. 
When limitations on conditions of restoration to service after retirement were enacted in 2011 no costs or savings 
were budgeted. It was assumed that limiting compensation to 75% would deter some retirees from returning to work 
and those positions would have to be filled by replacement workers. The State and school administrative units would 
have to pay health insurance costs and retirement costs for new replacement workers, which would offset the savings 
from the 25% reduction in compensation for those who would return at the lower pay. 
The additional costs associated with the working group are expected to be minor. 
LR0742(02) - Fiscal Note - Page I of I