Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 5 MRSA §17103, sub-§6, as amended by PL 2009, c. 322, §2, is further amended to read:
Sec. 2. 5 MRSA §18251, sub-§§6 and 7 are enacted to read:
Sec. 3. 5 MRSA §18804, sub-§§5 and 6 are enacted to read:
This amendment replaces the bill. Like the bill, the amendment clarifies that the Board of Trustees of the Maine Public Employees Retirement System has no jurisdiction to make administrative decisions regarding claims of an employee of a local participating district if the employee's membership in the plan is optional and the claim applies to a time when the employee was not a member of the retirement system. Unlike the bill, the amendment amends the laws governing the Maine Public Employees Retirement System in the following ways.
1. It requires that if an employee claims that the employee was not offered membership in a participating local district plan at the time of or during the course of employment with a local district, that claim must be made within 6 years of the date upon which the employee was first eligible for membership.
2. It makes clear that if an employee requests retroactive membership in the plan and is allowed to do so, to offset the employer's required contributions to the plan, all employer contributions to the alternative plan, in addition to any earnings, must be paid to the retirement system up to the amount the employer is required to fund the retroactive benefits under the participating local district program. If the employer contributions and earnings are not sufficient to fund the employer's contribution to the retirement system plan, the employer must pay any remaining employer contributions required by the retirement system.