An Act To Amend the Retirement Laws Pertaining to Certain Educational Technicians
Maine Legislature, Session 130, LD 0275
Committee: Labor and Housing
Sponsors: CUDDY, CURRY, BRADSTREET, HASENFUS, ROEDER, SYLVESTER, WARREN, WHITE, RAFFERTY
Amends: 5 MRSA §17001

Legislative Document
No. 275
H.P. 191
House of Representatives, February 1, 2021
An Act To Amend the Retirement Laws Pertaining to Certain 
Educational Technicians
(EMERGENCY)
Received by the Clerk of the House on January 28, 2021.  Referred to the Committee on 
Labor and Housing pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative CUDDY of Winterport.
Cosponsored by Senator CURRY of Waldo and
Representatives: BRADSTREET of Vassalboro, HASENFUS of Readfield, ROEDER of 
Bangor, SYLVESTER of Portland, WARREN of Scarborough, WHITE of Waterville, Senator: 
RAFFERTY of York.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, a regulatory change in certification requirements for educational 
technicians has made some educational technicians for the first time mandatory members 
of the State Employee and Teacher Retirement Program; and
Whereas, the affected positions had been covered by the United States Social Security 
Act or other retirement programs; and
Whereas, it was not the intent of the Legislature or the State Board of Education to 
change retirement benefit coverage for the affected positions; and
Whereas, correcting this unintended consequence immediately is necessary to 
prevent harm to employees in these positions who would benefit from continuing to be 
covered by the United States Social Security Act or other retirement programs; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17001, sub-§42, ¶A, as amended by PL 2019, c. 460, §1, is 
further amended to read:
A.  Any employee of a public school or a school management and leadership center 
established pursuant to Title 20‑A, chapter 123 who fills any position that the 
Department of Education requires be filled by a person who holds the appropriate 
certification or license required for that position, other than an educational technician 
position for which certification is not required under Title 20-A, section 13019-H, and:
(1)  Holds appropriate certification from the Department of Education, including 
an employee whose duties include, in addition to those for which certification is 
required, either the setup, maintenance or upgrading of a school computer system 
the use of which is to assist in the introduction of new learning to students or 
providing school faculty orientation and training related to use of the computer 
system for educational purposes; or
(2)  Holds an appropriate license issued to a professional employee by a licensing 
agency of the State;
Sec. 2.  Retroactivity.  This Act applies retroactively to July 1, 2018.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill provides an exception to mandatory membership in the State Employee and 
Teacher Retirement Program for employees filling certain educational technician positions 
who do not introduce new learning plans and supervise small groups of students in 
community-based programs and are therefore not required by statute to be certified.