AUGUSTA – Seeing a clear conflict with the state Constitution, Maine senators have scuttled a plan to allocate extra pay for the president pro tem, a position created as a result of a partisan split in the chamber.

A proposal to give the occupant of the newly created post a 50 percent pay raise over the usual legislative salary was quietly withdrawn after a legal review showed it violated a provision barring any legislature from increasing its own members’ pay.

“The Constitution is pretty clear about this,” President Pro Tem Richard Bennett, R-Norway, said Sunday.

Under a power-sharing deal reached after the November election, Sen. Michael Michaud, D-East Millinocket, serves as president this year while Bennett serves as president pro tempore. The two agreed to switch roles next year.

“Neither of us is going to violate either the spirit or the letter of the Constitution,” Bennett said.

But the issue isn’t completely settled. Even though no more money will be authorized for the two leaders’ pay, how the money is divvied up is still being discussed.

The question stems from the different lengths of the first and second sessions of the Legislature that recently took office, and how much legislators are entitled to receive for each of those two years.

For this year’s session, which is likely to last into June, the president draws regular pay of $10,815, plus 50 percent extra as compensation for his added duties. The extra pay amounts to $5,408.

As president pro tem next year, when the session is much shorter, Michaud is not entitled to extra pay despite his added duties.

When he assumes the presidency next year, Bennett will get 50 percent on top of the smaller $7,725 each senator gets for the shorter second session. His extra pay will amount to $3,863.

It is the disparity in extra pay that remains a source of uneasiness in a session when everything, including partisan staff positions, is supposed to be split down the middle.

Bennett said he and Michaud are continuing discussions on how they can rectify the pay matter, but whatever they decide will require no further action by lawmakers and no added money. It will essentially boil down to a shift of money between the two leaders.

“The intent is evenhandedness and fairness,” said Bennett. “None of us do this for the money.”

A message left with Michaud was not returned Sunday.

State law sets legislative salaries at a total of $18,540 for each two-year session, but presiding officers and floor leaders are legally entitled to added compensation.