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An Act To Eliminate the Penalties for State and Teacher Retirees Who Return to Employment
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17859, sub-§1, as amended by PL 2011, c. 420, Pt. L, §1, is further amended to read:
 
1. Restoration to service.   Any state employee or teacher who has reached normal retirement age and who retires after September 1, 2011 may be restored to service for up to 5 years. The decision to hire a retired state employee or retired teacher under this section is at the discretion of the appointing authority. The retired state employee or retired teacher 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.
Sec. 2. 5 MRSA §17859, sub-§1-A, ¶A, as enacted by PL 2013, c. 486, Pt. A, §1, is amended to read:
 
A. In one-year contracts, which may be nonconsecutive. The maximum time that a classroom-based employee may be restored to service with an individual school administrative unit pursuant to this paragraph is 5 years;
Sec. 3. 5 MRSA §17859, sub-§1-A, ¶¶B and C, as enacted by PL 2013, c. 486, Pt. A, §1, are repealed.
Sec. 4. 5 MRSA §17859, sub-§2, ¶A, as amended by PL 2013, c. 486, Pt. A, §2, is further amended to read:
 
A. The compensation of the retired state employee or retired teacher who returns to service must be set at 75% of the compensation established for the position to be filled, at a step determined by the appointing authority. The compensation ofor the retired classroom-based employee who returns to service as a classroom-based employee pursuant to subsection 1-A, paragraph A must be set at 100% of the compensation established for the position to be filled, at a step determined by the school administrative unit, for up to the maximum 5-year period that a classroom-based employee may contract with an individual school administrative unit.
Sec. 5. 5 MRSA §17859, sub-§5, as enacted by PL 2011, c. 380, Pt. MMM, §1, is repealed.
 
SUMMARY
This bill eliminates the provisions in law that limit employment of a retired state employee or teacher to 5 years and 75% of the compensation established for the position.