An Act To Remove Ce1tain Restrictions Imposed on Retired State Employees Who Return to Work as Educators
Maine Legislature, Session 129, LD 1220
Committee Amendment CA_B_H567 (House)
Amends: 5 MRSA §17859

COMMITTEE AMENDMENT "fj " to H.P. 880, L.D. 1220, Bill, "An Act To 
Remove Ce1tain Restrictions Imposed on Retired State Employees Who Return to Work 
as Educators" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Remove Certain Restrictions Imposed on Retired State Employees Who 
Return to Work' 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'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 who has reached nonnal 
retirement age and who rstires after September 1, 2011 may be restored to service fer--*P 
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 mles, may not return to employment after retirement with the 
same employer for at least 30 calendar days after the tennination of employment and may 
not return to employment before the effective date of the person's retirement. 
1-A. Restoration to work of classroom-based employees. Effeeti-ve },ugust 1, 
2014, a elassroom based employee who has reaohed normal retirement age and v,zho 
retires after September 1, 2011 Any retired state employee or retired teacher 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; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,/3 "to H.P. 880, L.D. 1220 
B. 
Subject to the 5 year restriction specified in subsection 1 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 
incHvirlnal sohool administrative UAit. 
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. 
2. Compensation and benefits. The compensation and benefits of the retired state 
employee or retired teacher who returns to service after retirement as set out in subsection 
is governed by this subsection. 
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 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. 
B. The retired state employee or retired teacher 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 earnable compensation for 
benefit calculation purposes. 
C. During the period of reemployment, the retired state employee or retired teacher 
is not entitled to health insurance, dental insurance or life insurance benefits. The 
retired state employee or retired teacher 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 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 compensation as provided under subsection 2 during the reemployment period. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"&"toH.P. 880,L.D.1220 
4. Notification requirements. Employers under this section are required to identify 
and repott 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 an 
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 who is hired as a substitute 
teacher is not subject to the restoratioo to servioe 5 year limitatioH iH s1:1bsectioH 1 or the 
compensation limitation in subsection 2, paragraph A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee and replaces the bill. It 
amends the provisions of the Maine Public Employees Retirement System regarding 
compensation and service retirement benefits for retired state employees and retired 
teachers who return to service to remove the 5-year limit on a retired state employee or 
retired teacher to be restored to service. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/19 :tb?ac:.. 
LD 1220 
LR 363(03) 
An Act To Remove Certain Restrictions Imposed on Retired State Employees Who Return to Work as 
Educators 
Fiscal Note for Bill as Amended by Committee Amendment ,8( JI~ )lo V 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
Fiscal Detail and Notes 
Removing the 5-year limit on the amount of time a retired state employee or retired teacher may be restored to service 
will have no net fiscal impact to the State or local school administrative units. 
LR0363(03) - Fiscal Note - Page 1 of 1