Whereas, with the passage of Public Law 2001, chapter 442, several retirees who would otherwise be eligible to return to state service and rejoin the retirement system are precluded from joining the system; and

Whereas, this legislation must be enacted as an emergency measure in order to correct a hardship created by this result; 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. PL 2001, c. 442, §6 is enacted to read:

*Sec. 6. Application; benefit recipient option. A recipient of a service retirement benefit from the Maine State Retirement System who returned to covered employment under the retirement system in a position that would otherwise be covered by the retirement plan for state employees and teachers and whose total earnable compensation for 2001 would have eliminated the retirement benefit requiring the recipient to be restored to membership by operation of the Maine Revised Statutes, Title 5, former section 17855 as it existed immediately prior to the effective date of this Act may exercise the option to be covered by that section rather than the other provisions of this Act.

Sec. 2. Retroactivity. This Act applies retroactively to September 21, 2001.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

Public Law 2001, chapter 442 removed the earning cap for retirees under the Maine State Retirement System who returned to covered service and, at the same time, precluded those retirees from being restored to membership in the Maine State Retirement System. This bill allows a recipient of retirement benefits under the Maine State Retirement System at the time the law was changed who had returned to covered service to rejoin the system