An Act To
Maine Legislature, Session 127, LD 1021
Committee Amendment CA_A_H511 (House)
Amends: 5 MRSA §17001, 5 MRSA §17704-B

COMMITTEE AMENDMENT "A " to H.P. 704, L.D. 1021, Bill, "An Act To 
Amend the Laws Pertaining to the Maine Public Employees Retirement System" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the intent of the Legislature in Public Law 2015, chapter 267, the so-
called biennial budget, was to include language permitting members of the Maine Public 
Employees Retirement System who were subject to a merit pay and longevity pay freeze 
in fiscal year 2011-12 and fiscal year 2012-13 to include those lost wages in their 
retirement benefit calculations by paying the necessary member contributions; and 
Whereas, the language included in Public Law 2015, chapter 267 as enacted 
inadvertently omitted fiscal year 2011-12; and 
Whereas, this legislation includes language to correct the error and allow those 
members affected to receive their full benefit in a more timely manner; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out all of sections 2 and 3 and inserting the following: 
'Sec. 2. 5 MRSA §17001, sub-§4, 1A, as amended by PL 2009, c. 630, §1, 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 pay or loss of pay pursuant to the 
COMMITTEE AMENDMENT 
(<lb 
~c, 
COMMITTEE AMENDMENT" A 
"to H.P. 704, L.D. 1021 
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 June 30, 1993, or, if a member elects to make the payments as set forth in 
section 17704-B, as a result of days off without pay or 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 Court Administrator or from executive 
order for the fiscal year beginning July 1, 2002, July 1, 2009 0f,. July 1, 2010, July 1. 
2011 or July I. 2012. or a combination thereof, or, if a member is subject to days off 
without pay, not to exceed 10 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 1, 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-B or, notwithstanding section 18202, as a result of actions of a 
participating local district to offset reductions in municipal revenue sharing or a 
combination thereof, for the fiscal years ending June 30, 1992 and June 30, 1993, or, 
if a member is subject to days off without pay during the fiscal year beginning July 1, 
2009 or July 1, 2010, 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 
temporarily laid off, reduced in pay or provided days off without pay; or' 
Amend the bill by striking out all of section 5. 
Amend the bill by striking out all of sections 11, 12 and 13 and inserting the 
following: 
'Sec. 11. 5 MRSA §17704-B, as amended by PL 2015, c. 267, Pt. CCCC, §1, is 
further amended to read: 
§17704-B. Back contributions for certain days off without pay 
1. Election. If the retirement system determines at the time a member retires that the 
member's benefit would be increased as a result of the inclusion of compensation that 
would have been paid for days off without pay or for days worked for which the level of 
pay is reduced as the result of the freezing of merit pay and longevity pay in fiscal year 
2002-03, 2009-10, 2010-11, 2011-12 or 2012-13, or a combination thereof, as provided in 
section 17001, subsection 4, paragraph A, the retirement system shall advise the member 
of that result and shall allow the member to elect to have that compensation included in 
the calculation of the member's benefit and to make payments set forth in subsection 2. 
2. Payment. The amount that a member who makes the election permitted in 
subsection 1 must pay is the amount equal to the employee contribution that member 
would have made on compensation that would have been paid to that member on the days 
off without pay or for days worked for which the level of pay is reduced as the result of 
COMMITTEE AMENDMENT 
~o"'"' 
COMMITTEE AMENDMENT "fl "to H.P. 704, L.D. 1021 
the freezing of merit pay and longevity pay during fiscal year 2002-03, 2009-10, 2010-11.,_ 
2011-12 or 2012-13, or a combination thereof, as provided in section 17001, subsection 
4, paragraph A, plus interest at a rate, to be set by the board, not to exceed regular interest 
by 5 or more percentage points. Interest must be computed beginning at the end of the 
year when those contributions or pick-up contributions would have been made to the date 
of payment. If the member elects to make the payment, the retirement system shall 
withhold the required amount from the member's first retirement benefit check. 
3. Benefit calculation. If the member fails to make the election within 31 days of 
the notification provided under subsection 1, the retirement system shall calculate the 
member's retirement benefit without inclusion of the days off without pay and without 
inclusion of the compensation that otherwise would have been paid if the freezing of 
merit pay and longevity pay had not occurred during fiscal year 2002-03, 2009-10, 2010-
11. 2011-12 or 2012-13, or a combination thereof, as provided in section 17001, 
subsection 4, paragraph A.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes the provisions in the bill that clarify the authority and 
responsibilities of the Board of Trustees of the Maine Public Employees Retirement 
System with respect to eligibility and membership issues that arise in the context of the 
Participating Local District Retirement Program. 
This amendment also corrects an oversight in Public Law 2015, chapter 267, Part 
CCCC. The intent of the legislation was to permit members who were subject to a merit 
pay and longevity pay freeze in fiscal year 2011-12 and fiscal year 2012-13 to include 
those lost wages in their retirement benefit calculations by paying the necessary member 
contributions. As enacted, the legislation inadvertently omitted fiscal year 2011-12. 
This amendment adds an emergency preamble and emergency clause to the bill. 
COMMITTEE AMENDMENT