An Act To Address the Shortage of School Administrative Professionals
Maine Legislature, Session 128, LD 0354
Committee: Education and Cultural Affairs
Sponsors: TUELL, MILLETT, ALLEY, CAMPBELL, HANINGTON, HUBBELL, PICCHIOTTI
Amends: 5 MRSA §17859

Legislative Document
No. 354
H.P. 260
House of Representatives, February 2, 2017
An Act To Address the Shortage of School Administrative 
Professionals
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: ALLEY of Beals, CAMPBELL of Orrington, HANINGTON of Lincoln, 
HUBBELL of Bar Harbor, McCREA of Fort Fairfield, PICCHIOTTI of Fairfield.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §17859, as amended by PL 2015, c. 321, §1, is further amended 
to read: 
§17859.  Retiring and returning to work 
1.  Restoration to service.  Any state employee or, teacher or school administrator 
who has reached normal retirement age and who retires after September 1, 2011 may be 
restored to service for up to 5 years.  The decision to hire a retired state employee or, 
retired teacher or retired school administrator under this section is at the discretion of the 
appointing authority.  The retired state employee or, retired teacher or retired school 
administrator 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.  For the 
purposes of this section, "school administrator" means a superintendent, assistant 
superintendent, principal or assistant principal. 
1-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 
in a school in the unorganized territory or 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 1 and the 75% 
compensation limitation for retired state employees and, retired teachers and retired 
school administrators 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. 
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. 
1-B.  Restoration to work of school administrators.  Effective October 1, 2017, a 
school administrator who has reached normal retirement age and who retires after 
September 1, 2011 may be restored to service as a school administrator in a school in the 
unorganized territory or 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 
school administrator 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 1 and the 75% 
compensation limitation for retired state employees, retired teachers and retired 
school administrators specified in subsection 2, paragraph A; or 
C.  In any combination of paragraphs A and B, as long as the total time the school 
administrator is restored to service does not exceed 10 years with an individual 
school administrative unit. 
The retired school administrator 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. 
2.  Compensation and benefits.  The compensation and benefits of the retired state 
employee or, retired teacher or retired school administrator who returns to service after 
retirement as set out in subsection 1 is governed by this subsection. 
A.  The compensation of the retired state employee or, retired teacher or retired 
school administrator 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 1-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 school 
administrative unit.  The compensation of the retired school administrator who 
returns to service as a school administrator pursuant to subsection 1-B, 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 school administrator may contract with an individual school 
administrative unit. 
B.  The retired state employee or, retired teacher or retired school administrator who 
returns to service under this section is not a member and therefore may not accrue 
additional creditable service or change the retired state employee's or, retired 
teacher's or retired school administrator's earnable compensation for benefit 
calculation purposes. 
C.  During the period of reemployment, the retired state employee or, retired teacher 
or retired school administrator is not entitled to health insurance, dental insurance or 
life insurance benefits.  The retired state employee or, retired teacher or retired school 
administrator is entitled to all other benefits for the reemployment position under 
collective bargaining agreements or civil service laws and rules.  Health insurance 
benefits must be provided under the provisions of section 285, subsection 1-A for 
retired state employees or Title 20-A, section 13451 for retired teachers or retired 
school administrators and life insurance benefits must be provided under the 
provisions of section 18055. 
3.  Contributions to the Maine Public Employees Retirement System and state 
group health plan.  The portion of the employer contribution that goes to pay the 
retirement system for the unfunded liability and the state group health plan for retiree 
health care must be continued and based on the retired state employee's or, retired 
teacher's or retired school administrator's compensation as provided under subsection 2 
during the reemployment period. 
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.  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. 
5.  Exclusion.  A retired state employee or, retired teacher or retired school 
administrator who is hired 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 provides that limitations on conditions of restoration to service after 
retirement enacted in 2011 for state employees and teachers apply to school 
administrators.  It also provides that, effective October 1, 2017, school administrators 
who have reached normal retirement age and who have retired after September 1, 2011 
may be restored to service as school administrators for a maximum of 10 years: 5 years 
under one-year contracts with compensation set at 100% of the compensation established 
for the position and 5 years with compensation set at 75%.