An Act to Allow Certain County Commissioners Who Are Maine
Maine Legislature, Session 132, LD 1218
Committee: Labor
Sponsors: TIMBERLAKE
Amends: 3 MRSA §801, 3 MRSA §802, 5 MRSA §17063

Legislative Document
No. 1218
S.P. 507
In Senate, March 20, 2025
An Act to Allow Certain County Commissioners Who Are Maine 
Public Employees Retirement System Members to Switch to the 
Legislative Retirement Program
Reference to the Committee on Labor suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIMBERLAKE of Androscoggin.
Cosponsored by Senators: CYRWAY of Kennebec, MARTIN of Oxford, Representatives: 
BABIN of Fort Fairfield, MORRIS of Turner, PERKINS of Dover-Foxcroft, WADSWORTH 
of Hiram.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  3 MRSA §801, sub-§1, as amended by PL 2007, c. 491, §18, is further 
amended to read:
1.  Membership mandatory.  Every Legislator serving in the Legislature on or after 
December 3, 1986 is a member of the Legislative Retirement Program, except that any 
Legislator who was a member of the Maine State Retirement System on December 2, 1986 
may choose to be a member of the State Employee and Teacher Retirement Program instead 
of becoming a member of the Legislative Retirement Program, and any Legislator who is 
a public school teacher or an employee of the Maine Community College System on leave 
of absence for the purpose of serving in the Legislature continues to be a member of the 
State Employee and Teacher Retirement Program and to have contributions deducted from 
the member's legislative earnable compensation as provided by Title 5, section 17701.  A 
Legislator who terminates employment from a position requiring membership in the State 
Employee and Teacher Retirement Program no longer contributes to the State Employee 
and Teacher Retirement Program and, if qualified, is eligible to become a benefit recipient 
under Title 5, section 17804.  Upon such termination, the Legislator becomes a member of 
the Legislative Retirement Program.  Except as provided in section 802, subsection 4, 
paragraph A, creditable service granted under the State Employee and Teacher Retirement 
Program may not be transferred to the Legislative Retirement Program. A member ceases 
to be a member when the member withdraws the member's contributions, becomes a 
beneficiary as a result of the member's own retirement or dies. A county commissioner may 
become a member of the Legislative Retirement Program pursuant to subsection 1-B.
Sec. 2.  3 MRSA §801, sub-§1-B is enacted to read:
1-B.  County commissioners who previously served in Legislature.  A county 
commissioner under Title 30-A, chapter 1 who is a member of the Maine Public Employees 
Retirement System and is contributing to a defined benefit plan under Title 5, chapter 421, 
has previously served in the Legislature and is eligible to participate in the Legislative 
Retirement Program may become a member of the Legislative Retirement Program by 
submitting a written election to the Maine Public Employees Retirement System within 90 
days of the effective date of this subsection or assuming office as a county commissioner, 
whichever is later. If a county commissioner elects to participate in the Legislative 
Retirement Program under this subsection:
A. All previously accrued contributions of the county commissioner to the Maine 
Public Employees Retirement System as a county commissioner must be transferred to 
the Legislative Retirement Program;
B. All future contributions of the county commissioner must be directed to the 
Legislative Retirement Program; and
C. The county commissioner is subject to all the provisions of this chapter, including 
benefit calculations and vesting requirements under subchapter 5.
Sec. 3.  3 MRSA §802, sub-§4-A is enacted to read:
4-A.  County commissioner service.  All service as a county commissioner of a county 
commissioner who makes an election to participate in the Legislative Retirement Program 
under section 801, subsection 1-B must be allowed as creditable service.
Sec. 4.  5 MRSA §17063 is enacted to read:
§17063.  County commissioners
Funds held by the retirement system to the credit of a member who is a county 
commissioner who makes an election under Title 3, section 801, subsection 1-B must be 
transferred to the Legislative Retirement Program under Title 3, chapter 29. Upon the 
election under Title 3, section 801, subsection 1-B, benefits of the county commissioner 
under this chapter no longer accrue, but the county commissioner retains any benefit that 
has accrued that has not been transferred under this section.
Sec. 5.  Board of Trustees of Maine Public Employees Retirement System 
to adopt rules.  The Board of Trustees of the Maine Public Employees Retirement System 
shall adopt rules to carry out this Act, including:
1. Establishing the process for making an election under the Maine Revised Statutes, 
Title 3, section 801, subsection 1-B;
2. Transferring accrued contributions from the Maine Public Employees Retirement 
System to the Legislative Retirement Program under the Maine Revised Statutes, Title 5, 
section 17063;
3. Coordinating with the counties to ensure compliance with this Act;
4. Providing guidance to a county commissioner on the financial and legal implications 
of making an election under the Maine Revised Statutes, Title 3, section 801, subsection 
1-B; and
5. Ensuring that past service as a county commissioner is properly credited to the 
Legislative Retirement Program for a county commissioner under the Maine Revised 
Statutes, Title 3, section 802, subsection 4-A.
SUMMARY
This bill provides that a county commissioner who is a member of the Maine Public 
Employees Retirement System and is contributing to a defined benefit plan, has previously 
served in the Legislature and is eligible to participate in the Legislative Retirement Program 
may become a member of the Legislative Retirement Program by submitting a written 
election to the Maine Public Employees Retirement System. Upon making the election, the 
past contributions of the county commissioner are transferred to the Legislative Retirement 
Program and service as a county commissioner is counted by the program as creditable 
service.