| A. The average annual rate of earnable compensation of a |
| member during the 3 years of creditable service as an |
| employee in Maine, not necessarily consecutive, in which |
| the member's annual rate of earnable compensation is |
| highest. However, if a member is subject to a temporary |
| layoff or other time off without pay as a result of a |
| Governor's Executive Order, time off without pay or loss |
| of pay pursuant to the agreements of February 15, 1991, |
| October 23, 1991 and June 11, 1993 between the Executive |
| Department and the American Federation of State, County |
| and Municipal Employees, Council 93, time off without pay |
| pursuant to the agreement of June 11, 1993 between the |
| Executive Department and the Maine State Employees |
| Association, days off without pay as authorized by |
| legislative action or days off without pay resulting from |
| any executive order declaring or continuing a state of |
| emergency relating to the lack of an enacted budget |
| document for fiscal years ending June 30, 1992 and June |
| 30, 1993 or as a result of days off without pay as |
| authorized by legislative action or from executive order |
| for the fiscal year beginning July 1, 2002, or, if a |
| member is subject to days off without pay, not to exceed |
| 10 days in each fiscal year ending June 30, 1992 and June |
| 30, 1993, as a result of actions taken by local school |
| administrative units to offset school subsidy reductions |
| or, notwithstanding section 18202, as a result of actions |
| of a participating local district to offset reductions in |
| municipal revenue sharing or a combination thereof, for |
| the fiscal years ending June 30, 1992 and June 30, 1993, |
| the 3-year average final compensation must be determined |
| as if the member had not been temporarily laid off, |
| reduced in pay or provided days off without pay; or |
