An Act Regarding the State Retirement System
Sec. 1. 5 MRSA §17001, sub-§13, ¶C, as repealed and replaced by PL 1999, c. 489, §2, is amended to read:
(1) Notwithstanding the other provisions of this subsection, for the purposes of determining average final compensation, "earnable compensation" does not include any increase that exceeds the prior year's earnable compensation by more than 5% or that results in a total increase of more than 10% during the 3-year period used in the calculation of average final compensation, unless the cost of the additional actuarial liability arising from the excess increase is paid by the employer as provided in section 17154. Any payment made under paragraph B, subparagraph (1) must be included in determining the amount of increase in the year in which the payment is made. This subparagraph does not apply to excess increases resulting from compensation paid prior to July 1, 1993, from compensation paid in accordance with an individual employment contract executed prior to July 1, 1993 or a collective bargaining agreement executed or ratified in its final form by final vote of one party to the agreement prior to July 1, 1993 for the initial term of that contract or agreement or from other action by the governing body of a school administrative unit in effect on July 1, 1993. This subparagraph does not apply to increases in compensation of state employees during fiscal year 1993-94 and fiscal year 1994-95. In all circumstances in which this subparagraph does not apply to earnable compensation of state employees and teachers, the provisions of this subparagraph that were in effect prior to June 30, 1993 apply. This subparagraph does not apply to earnable compensation of employees of participating local districts.
(2) Effective October 1, 1999, the 5% limitation and the 10% limitation on increases in earnable compensation set out in subparagraph (1) may not be changed to a lower percentage for members who, on October 1, 1999 or thereafter, meet the creditable service requirement for eligibility to receive a service retirement benefit, at the applicable age if so required, under section 17851 or section 17851-A, subsection 2.
(3) If, during any year, an employee receives payment for compensation earned in a prior year or years, earnable compensation must be calculated according to this subparagraph. The portion of the employee's compensation that is retrospective payment for compensation earned in a prior year or years must be deducted from earnable compensation for the year in which it is paid and must be added to earnable compensation for the prior year or years in which that compensation was earned.
summary
This bill amends the definition of "earnable compensation" for the purposes of the state retirement system. The bill provides that if, during any year, an employee receives retrospective payment for compensation earned in a prior year or years, the portion of the employee's compensation that is retrospective payment for compensation earned in a prior year or years must be deducted from earnable compensation for the year in which it is paid and must be added to earnable compensation for the prior year or years in which that compensation was earned.