LEGISLATIVE SALARIES AND EXPENSES AND OTHER BENEFITS

Legislators' salaries and expense allowances are governed by statute (3 MRSA §2). Payments are based on information legislators provide on expense vouchers submitted weekly to the Office of the Executive Director of the Legislative Council when the Legislature is in regular session and after each authorized meeting during the interim. The President of the Senate or the Speaker of the House must authorize all reimbursements for attendance at meetings that have not been specifically authorized by the Legislative Council. In incurring and reporting expenses, it is important to keep in mind that all expense vouchers are a matter of public record and are available for review by the public in the State Controller's office.

Legislative Salary

$10,500 1st Regular Session
$ 7,500 2nd Regular Session

Per Diem $55/day for authorized committee meetings during interim;
$100/day for special session only

Session Expense Allowance

Meals and $70/day Lodging or

Meals $32/day and Mileage in $.22/mile not to Lieu of exceed $38/day Lodging

Tolls Actual (receipts required)

Interim Expense Allowance

Lodging Actual (receipts required)

Meals Actual (up to $32/day)

Mileage $.24/mile

Tolls Actual (receipts required)

Constituent Service Allowance

Senators: $1,000/year:
$650 at beginning of Regular Session;
$350 at end of Regular Session

Representatives: $750/year:
$500 at beginning of Regular Session;
$250 at end of Regular Session

Out-of-State Travel

All out-of-state travel by legislators must be authorized in advance by the President of the Senate or the Speaker of the House. Legislators may get assistance in making travel arrangements, including registration, hotel reservations and transportation, from the Office of the Executive Director of the Legislative Council, once they have obtained approval from their presiding officer.

It is the Legislature's policy to reimburse legislators for the actual expenses they incur in the course of approved out-of-state travel, as long as the expenses are reasonable. The President of the Senate and Speaker of the House have established standards for reimbursement of expenses, available from the Office of the Executive Director of the Legislative Council.

Health and Dental Insurance

Legislators are eligible for health and dental insurance coverage like that available to state employees. Health insurance coverage consists of a managed care plan that includes hospital and medical services as well as preventive care and a copayment plan for prescription drugs whether obtained locally or through the mail. The State pays 100% of the health insurance premium for legislators and 50% of the premium for their dependents.

Dental insurance is available to legislators and their dependents. The State pays 100% of the dental insurance premium for legislators; legislators are responsible for paying dependent premiums.

Questions about health or dental insurance coverage, benefits or premiums can be answered in the Office of the Executive Director of the Legislative Council.

Legislative Retirement

The Maine Legislative Retirement System provides a defined benefit retirement plan similar to the retirement plan for state employees and teachers provided by the Maine State Retirement System. The legislative retirement system is administered by the Board of Trustees of the Maine State Retirement System. (A similar retirement plan for judges is also provided and administered by the Board of Trustees of the Maine State Retirement System.) Retirement benefits are determined by a formula based on length of legislative service and average compensation. Disability retirement and death benefits are also available.

The system is funded by legislator (employee) and employer contributions. Legislator contributions are set by statute as a percentage of employee compensation. The total state contribution is the difference between the system's liability for payment of benefits and the amount of assets available to pay benefits. It is determined on an actuarial basis by the Board of Trustees of the Maine State Retirement System and is expressed and paid as a percentage of each employee's compensation.

Generally, membership in the legislative retirement system is mandatory for all legislators. However, there are some exceptions for legislators who are already members of the Maine State Retirement System. In addition, a waiver from membership may be requested from the President of the Senate or the Speaker of the House based on participation in social security or another retirement plan.

Questions regarding membership, contributions or benefits under the Maine Legislative Retirement System can be answered in the Office of the Executive Director of the Legislative Council.

Leave of Absence to Serve as a Legislator

State law (26 MRSA §§821-824) requires an employer to grant a leave of absence to an employee to serve in the Legislature, provided certain conditions are met. The leave is for a single two-year legislative term and may be without pay. Following the leave, the employee is entitled to be restored to the same or a similar position, if still qualified.

Legislators' Federal Income Tax

The federal Economic Recovery Tax Act of 1981 (PL 97-34) provides that state legislators whose "district home" is 50 miles or more from the state capitol may designate their district home as their home for tax purposes and deduct a flat per diem rate for each authorized legislative day, including regular session days and authorized committee meetings during the interim. The effect of this provision is to reduce the total taxable income for many legislators.

The Office of the Executive Director of the Legislative Council provides each member with a summary of legislative meeting days and total reimbursed expenses to aid legislators in completing their federal tax returns. This information is distributed in late January of each year.

Record keeping. All legislators incur many nonreimbursable expenses in carrying out their responsibilities as state legislators. Many of these can be claimed as deductible "business" expenses if receipts and logs documenting mileage are available.

Further information concerning these special federal tax provisions is available from the Office of the Executive Director of the Legislative Council.


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