APPROVED CHAPTER
MARCH 17, 2021 6
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 191 - L.D. 275
An Act To Amend the Retirement Laws Pertaining to Certain Educational
Technicians
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, a regulatory change in certification requirements for educational
technicians has made some educational technicians for the first time mandatory members
of the State Employee and Teacher Retirement Program; and
Whereas, the affected positions had been covered by the United States Social Security
Act or other retirement programs; and
Whereas, it was not the intent of the Legislature or the State Board of Education to
change retirement benefit coverage for the affected positions; and
Whereas, correcting this unintended consequence immediately is necessary to
prevent harm to employees in these positions who would benefit from continuing to be
covered by the United States Social Security Act or other retirement programs; 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. 5 MRSA §17001, sub-§42, ¶A, as amended by PL 2019, c. 460, §1, is
further amended to read:
A. Any employee of a public school or a school management and leadership center
established pursuant to Title 20‑A, chapter 123 who fills any position that the
Department of Education requires be filled by a person who holds the appropriate
certification or license required for that position, other than an educational technician
position for which certification is not required under Title 20-A, section 13019-H, and:
(1) Holds appropriate certification from the Department of Education, including
an employee whose duties include, in addition to those for which certification is
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 required, either the setup, maintenance or upgrading of a school computer system
the use of which is to assist in the introduction of new learning to students or
providing school faculty orientation and training related to use of the computer
system for educational purposes; or
(2) Holds an appropriate license issued to a professional employee by a licensing
agency of the State;
Sec. 2. Retroactivity. This Act applies retroactively to July 1, 2018.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text LD 275, HP 191: 5.17001
Bill Text ACTPUB , Chapter 6: 5.17001