CHAPTER 355
H.P. 724 - L.D. 988
An Act to Exclude Coaches from Participation in the Maine State Retirement System
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this bill recognizes the inequities under current law involved in requiring public school coaches who do not otherwise meet the definition of teacher to join the Maine State Retirement System like other teachers while employed as coaches; and
Whereas, the alternative treatment established in the bill for coaches who are not teachers as defined for retirement purposes must be available and known to coaches and school administrators before the start of the next school year to be effectively administered; 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, �B, as amended by PL 1995, c. 471, �1, is further amended to read:
B. Any employee of a public school who fills any position not included in paragraph A, the principal function of which is to introduce new learning to students, except that a coach who is employed by a public school and who is not otherwise covered by the definition of teacher as defined in this subsection or an employee who is employed in adult education as defined in Title 20-A, section 8601-A, subsection 1 and who is not otherwise covered by the definition of teacher defined in this subsection may not be considered a teacher for purposes of this Part;
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect July 1, 1997.
Effective July 1, 1997.
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