An Act To Allow Career Educators To Retire without Penalty
Maine Legislature, Session 130, LD 0111
Committee: Labor and Housing
Sponsors: TUELL, MOORE, CARLOW, STEARNS
Amends: 5 MRSA §17851, 5 MRSA §17852, 5 MRSA §17859

Legislative Document
No. 111
H.P. 77
House of Representatives, January 13, 2021
An Act To Allow Career Educators To Retire without Penalty
Received by the Clerk of the House on January 11, 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 TUELL of East Machias.
Cosponsored by Senator MOORE of Washington and
Representatives: CARLOW of Buxton, McCREA of Fort Fairfield, STEARNS of Guilford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17851, sub-§3-B is enacted to read:
3-B.  School administrator or teacher with creditable service of 35 years or more 
in service at retirement.  A school administrator or teacher in service who has completed 
or more years of creditable service qualifies for a service retirement benefit if the 
member retires at any time after completing 35 years of service.
Sec. 2.  5 MRSA §17852, sub-§3-C is enacted to read:
3-C.  School administrator or teacher with creditable service of 35 years or more 
in service at retirement.  The amount of the service retirement benefit for a school 
administrator or teacher qualified under section 17851, subsection 3-B is computed in 
accordance with subsection 1, except that the benefit may not be reduced due to a member's 
age.
Sec. 3.  5 MRSA §17859, sub-§3-A, as enacted by PL 2019, c. 436, §1, is amended 
to read:
3-A.  Contributions to the Maine Public Employees Retirement System.  For a 
reemployed retired state employee, retired teacher or retired school administrator, the 
portion of the employer contribution that goes to pay the retirement system for the unfunded 
liability must be continued at the same contribution rate of the employer as described in 
section 17253 as is required for the position as if the position were filled by an employee 
who is not a retired state employee, retired teacher or retired school administrator.  For a 
reemployed retired teacher or retired school administrator who retired under section 17851, 
subsection 3-B, the retired teacher or retired school administrator must pay the employee 
contribution at the rate described in section 17701.  A retired state employee, 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 during the reemployment period 
or change the retired state employee's, retired teacher's or retired school administrator's 
earnable compensation for benefit calculation purposes.
SUMMARY
This bill allows teachers and school administrators in service after 35 years of 
creditable service to retire and collect retirement benefits without penalty.  It also requires 
that a reemployed retired teacher or retired school administrator pay the same employee 
contribution rate to the retirement system as is required for the position if the position were 
filled by an employee who is not retired.