An Act To Remove Certain Restrictions Imposed on Retired State Employees Who Return to Work as Educators
Sec. 1. 5 MRSA §17859, as amended by PL 2015, c. 321, §1, is further amended to read:
§ 17859. Retiring and returning to work
The retired classroom-based state employee or retired teacher who returns to service under this subsection must have had a bona fide termination of employment in accordance with state and federal laws and rules, may not return to employment after retirement with the same employer for at least 30 calendar days after the termination of employment and may not return to employment before the effective date of the person's retirement. The retired state employee or retired teacher who returns to service under this subsection is not a member and therefore may not accrue additional creditable service or change the retired state employee's or retired teacher's earnable compensation for benefit calculation purposes. The provisions for health insurance benefits under section 285, subsection 1-A for retired state employees or Title 20-A, section 13451 for retired teachers and life insurance benefits under the provisions of section 18055 are suspended for the reemployment period for a retired state employee or retired teacher who returns to service under this subsection.
For purposes of this section, "classroom-based employee" means a teacher whose principal function is to introduce new learning to students in the classroom or to provide support in the classroom during the introduction of new learning to students.
SUMMARY
This bill amends the provisions of the Maine Public Employees Retirement System regarding compensation and service retirement benefits for retired state employees and retired teachers who return to service as classroom-based employees or school administrators in the following ways.
1. It allows a retired state employee or retired teacher to be restored to service as a classroom-based employee or school administrator beyond the current 5-year limit.
2. It removes the cap of 75% of compensation established for the position that the state employee or retired teacher is filling.
3. It allows a retired state employee or retired teacher who returns to service as a classroom-based employee or school administrator to receive full retirement, health, dental and life insurance benefits as offered for the position to be filled and suspends the provisions of retiree health, dental and life insurance benefits for retired state employees or retired teachers during the period of reemployment.
4. It retains the current provisions that a retired state employee or retired teacher who returns to service is not a member and therefore may not accrue additional creditable service or change the retired state employee's or retired teacher's earnable compensation for benefit calculation purposes.
5. It requires full employee and employer contributions to the retirement system for the unfunded liability and the state group health plan for retiree health care based upon the retired state employee's or retired teacher's compensation.