An Act To Prohibit Retired State Employees and Teachers from Returning to Work While Collecting Retirement Benefits
Maine Legislature, Session 128, LD 1509
Committee: Appropriations and Financial Affairs
Sponsors: SAMPSON, MASON, BRADSTREET, GERRISH, KINNEY, O'CONNOR, SIROCKI, STETKIS, TIMBERLAKE, WADSWORTH
Amends: 5 MRSA §17859

Legislative Document
No. 1509
H.P. 1033
House of Representatives, April 25, 2017
An Act To Prohibit Retired State Employees and Teachers from 
Returning to Work While Collecting Retirement Benefits
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204.
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Senator MASON of Androscoggin and
Representatives: BRADSTREET of Vassalboro, GERRISH of Lebanon, KINNEY of 
Limington, O'CONNOR of Berwick, SIROCKI of Scarborough, STETKIS of Canaan, 
TIMBERLAKE of Turner, WADSWORTH of Hiram.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §17859, sub-§1, as amended by PL 2011, c. 420, Pt. L, §1, is 
further amended to read: 
1.  Restoration to service.  Any state employee or teacher who has reached normal 
retirement age and who retires after September 1, 2011 may not be restored to service for 
up to 5 years.  The decision to hire a retired state employee or retired teacher under this 
section is at the discretion of the appointing authority.  The retired state employee or 
retired teacher 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 after 
retirement until the state employee or teacher ceases to receive a retirement benefit from 
the retirement system. 
Sec. 2.  5 MRSA §17859, sub-§1-A, as amended by PL 2015, c. 321, §1, is 
repealed. 
Sec. 3.  5 MRSA §17859, sub-§2, as amended by PL 2013, c. 486, Pt. A, §2, is 
repealed. 
Sec. 4.  5 MRSA §17859, sub-§3, as enacted by PL 2011, c. 380, Pt. MMM, §1, is 
repealed. 
Sec. 5.  5 MRSA §17859, sub-§4, as enacted by PL 2011, c. 380, Pt. MMM, §1, is 
amended to read: 
4.  Notification requirements.  Employers under this section are required to identify 
and report to the retirement system, in the manner specified by the retirement system, 
each individual who is a retiree who becomes an employee of the employer under the 
option provided in this section and confirm that the employee is no longer receiving a 
retirement benefit from the retirement system.  Departments shall also report each retiree 
who becomes an employee to the Bureau of the Budget in a manner specified by the 
bureau.  The employer shall report each such employee whenever and so long as the 
employee is the employer's employee. 
Sec. 6.  5 MRSA §17859, sub-§5, as enacted by PL 2011, c. 380, Pt. MMM, §1, is 
amended to read: 
5.  Exclusion.  A retired state employee or retired teacher who is hired as an 
independent contractor pursuant to a service contract lasting less than one year or as a 
substitute teacher is not subject to the restoration to service 5-year limitation in 
subsection 1 or the compensation limitation in subsection 2, paragraph A. 
SUMMARY 
This bill prohibits retired state employees or retired teachers from returning to 
employment after retirement, either as a state employee or as a teacher, while collecting 
retirement benefits from the Maine Public Employees Retirement System. This 
prohibition does not apply to retired state employees or retired teachers who are hired as 
independent contractors pursuant to a service contract lasting less than one year or as a 
substitute teacher.