An Act To
Maine Legislature, Session 127, LD 0995
Committee Amendment CA_A_H514 (House)
Amends: 5 MRSA §17103, 5 MRSA §18251, 5 MRSA §18804

COMMITTEE AMENDMENT "fi" to H.P. 690, L.D. 995, Bill, "An Act To 
Amend the Laws Governing Participating Local Districts in the Maine Public Employees 
Retirement System" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §17103, sub-§6, as amended by PL 2009, c. 322, §2, is further 
amended to read: 
6. Rights, credits and privileges; decisions. The board shall in all cases make the 
final and determining administrative decision in all matters affecting the rights, credits 
and privileges of all members of all programs of the retirement system whether in 
participating local districts or in the state service. The board has no jurisdiction to hear a 
matter or make an administrative decision regarding a claim of an employee of a local 
plan for which membership is optional pursuant to section 18252, if that claim applies to 
a time when the employee was not a member of the retirement system. 
Whenever the board finds that, because of an error or omission on the part of the 
employer of a member or retired member, a member or retired member is required to 
make a payment or payments to the retirement system, the board may waive payment of 
all or part of the amount due from the member or retired member. In these instances of 
recovery of overpayments from members of the retirement system, the retirement system 
is governed by section 17054, subsection 3. 
Sec. 2. 5 MRSA §18251, sub-§§6 and 7 are enacted to read: 
6. 
Limitations on claims for participation. If an employee claims that the 
employee was not offered participation in the program at the commencement of or during 
the course of employment with the participating local district. that claim must be 
commenced within 6 years of the date upon which the employee was first eligible for 
participation in the program. 
7. Participation in other retirement plans. If an employee requests and is allowed 
retroactive participation in the program, and during the time for which these retroactive 
COMMITTEE AMENDMENT 
~o~s 
COMMIITEE AMENDMENT"~" to H.P. 690, L.D. 995 
retirement benefits are sought the participating local district offered and the employee 
participated in another retirement plan, all contributions made to the alternative plan by 
the employer and all earnings made on employer and employee contributions must be 
paid to the retirement system, up to the amount that the employer is required by the 
retirement system to pay to fund retroactive benefits under the program. In the event the 
funds available in the employee's alternative retirement plan account are not sufficient to 
fund the employer's required contributions to the retirement system, the employer shall 
pay any remaining employer contributions required by the retirement system to fund 
retroactive benefits under the program. 
Sec. 3. 5 MRSA §18804, sub-§§5 and 6 are enacted to read: 
5. 
Limitations on claims for participation. If an emulovee claims that the 
employee was not offered membership at the commencement of or during the course of 
employment with the local district, that claim must be commenced within 6 years of the 
date upon which the employee was first eligible for membership. 
6. Participation in other retirement plans. If an employee requests and is allowed 
retroactive membership, and during the time for which these retroactive retirement 
benefits are sought the local district offered and the employee participated in another 
retirement plan, all contributions made to the alternative plan by the employer and all 
earnings made on employer and employee contributions must be paid to the retirement 
system, up to the amount that the employer is required by the retirement system to pay to 
fund retroactive benefits under the plan. 
In the event the funds available in the 
employee's alternative retirement plan account are not sufficient to fund the employer's 
required contributions to the retirement system, the employer shall pay any remaining 
employer contributions required by the retirement system to fund retroactive benefits 
under the plan.' 
SUMMARY 
This amendment replaces the bill. Like the bill, the amendment clarifies that the 
Board of Trustees of the Maine Public Employees Retirement System has no jurisdiction 
to make administrative decisions regarding claims of an employee of a local participating 
district if the employee's membership in the plan is optional and the claim applies to a 
time when the employee was not a member of the retirement system. Unlike the bill, the 
amendment amends the laws governing the Maine Public Employees Retirement System 
in the following ways. 
1. 
It requires that if an employee claims that the employee was not offered 
membership in a participating local district plan at the time of or during the course of 
employment with a local district, that claim must be made within 6 years of the date upon 
which the employee was first eligible for membership. 
2. It makes clear that if an employee requests retroactive membership in the plan and 
is allowed to do so, to offset the employer's required contributions to the plan, all 
employer contributions to the alternative plan, in addition to any earnings, must be paid to 
the retirement system up to the amount the employer is required to fund the retroactive 
benefits under the participating local district program. If the employer contributions and 
earnings are not sufficient to fund the employer's contribution to the retirement system 
COMMITTEE AMENDMENT 
O~s 
~~ 
COMMITTEE AMENDMENT ·A" to H.P. 690, L.D. 995 
plan, the employer must pay any remaining employer contributions required by the 
retirement system. 
FISCAL '.\OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01/27/16 
fea~ 
LD995 
LR 1015(02) 
An Act To Amend the Laws Governing Participating Local Districts in the Maine Public Employees 
Retirement System 
Fiscal Note for Bill as Amended by Committee Amendment '#' [H-5 / ~ 
Committee: Appropriations and Financial Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
No State fiscal impact 
Fiscal Detail and Notes 
Any additional costs associated with this legislation would be the responsibility of the participating local districts and 
would have no fiscal impact on the State or the Maine Public Employees Retirement System. 
LR1015(02) - Fiscal Note - Page 1 of 1