An Act To Change the Retirement Eligibility Qualifications for Certain Military Firefighters and Police Officers
Maine Legislature, Session 121, LD 1315
Committee: Labor
Sponsors: BLANCHETTE, EDMONDS, DUPLESSIE, HATCH, NORTON, PATRICK, SMITH
Amends: 5 MRSA §17851-A

Legislative Document 
No. 1315 
. H.P. 969 
House of Representati ves, March 11, 2003 
An Act To Change the Retirement Eligibility Qualifications for 
Certain Military Firefighters and Police Officers 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative BLANCHETTE of Bangor. 
Cosponsored by Senator EDMONDS of Cumberland and 
77l~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUPLESSIE of Westbrook, HATCH of Skowhegan, NORTON of Bangor, 
PATRICK of Rumford, SMITH of Van Buren. 
Printed on rt:\.")'claJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §17851-A, sub-§I, 1fH-l is enacted to read: 
H-l. 
Firefighter 
supervisors, 
firefighter 
chief 
and 
security police officers in the employment of the Department 
of Defense, Veterans and Emergency Management on July 1, 
2003, or hired thereafter, provided the employee elects at 
the 
time of 
employment 
to participate 
and provided 
the 
Federal Government pays annually to the retirement system 
the 
full 
employer 
cost 
of 
the 
participation 
of 
these 
employees; 
Sec. 2. 5 MRSA §17851-A, sub-§4, 1fA, as amended by PL 2001, c. 
559, Pt. RR, 
§8 and as affected by §17, is further amended to 
read: 
A. 
If all of the member's creditable service in anyone or 
a 
combination of the capacities specified in subsection 1 
was earned after June 30, 1998 and before September 1, 2002 
for employees identified in subsection 1, paragraphs A and 
B; 
after 
June 
30, 
1998 
for 
employees 
identified 
in 
subsection 1, paragraphs C to H; after June 30 ( 
2003 for 
employees identified in paragraph H-l; after December 31, 
1999 for employees identified in subsection 1, paragraphs I 
to K; and after December 31, 2001 for employees identified 
in 
subsection 
1, 
paragraph 
L; 
if 
service 
credit 
was 
purchased by repayment of an earlier refund of accumulated 
contributions for service in anyone or a combination of the 
capacities specified in subsection 1 after June 30, 1998 and 
before 
September 
1, 
2002 
for 
employees 
identified 
in 
subsection 1, paragraphs A and B; after June 30, 1998 for 
employees identified in subsection 1, paragraphs C to H; 
after June 30, 
2003 for employees identified in paragral?h 
H-1; after December 
31, 
1999 for employees identified in 
subsection 1, paragraphs I to K; and after December 31, 2001 
for employees identified in subsection 1, paragraph L; or if 
service credit was purchased by other than the repayment of 
an earlier refund and eligibility to make the purchase of 
the service credit, including, but not limited to, service 
credit for military service, was achieved after June 30, 
1998 and before September 1, 2002 for employees identified 
in subsection 1, paragraphs A and B; after June 30, 1998 for 
employees identified in subsection 1, paragraphs 
C to H; 
after June 30, 
2003 for employees identified in l?aragral?h 
H-1: after December 
31, 
1999 for employees identified in 
subsection 1, paragraphs I to K; and after December 31, 2001 
for employees identified in subsection 1, paragraph L, the 
benefit must 
be 
computed 
as 
provided in section 17852, 
subsection 1, paragraph A. 
.. 
.... 
646, 
(1) 
I f the member had 10 years of creditable service 
on 
July 1, 
1993, 
the benefit 
under 
subsection 
2, 
paragraph B must be reduced as provided in section 
17852, subsection 3, paragraphs A and B. 
(2) 
If 
creditable 
subsection 
each year 
age. 
the 
member 
had 
fewer 
than 
years 
of 
service on July 1, 1993, the benefit under 
2, paragraph B must be reduced by 6';, for 
that the member's age precedes 55 years of 
Sec. 3. 5 MRSA §17851-A, sub-§4, fA, as amended by PL 2001, c. 
§7, is further amended to read: 
A. 
If all of the member's creditable service in anyone or 
a combination of the capacities specified in subsection 1 
was earned after June 30, 1998 for employees identified in 
subsection 1, paragraphs A to H; after June 30, 2003 for 
employees identified in paragraph H-l; after December 31, 
1999 for employees identified in subsection 1, paragraphs I 
to K; after December 31, 2001 for employees identified in 
subsection 1, 
paragraph L: 
and after June 
30, 
2002 for 
employees 
identified in 
subsection 
1, 
paragraph 
M; 
if 
service credit was purchased by repayment of an earlier 
refund of accumulated contributions for service in anyone 
or a combination of the capacities specified in subsection 1 
after June 30, 1998 for employees identified in subsection 
1, paragraphs A to H; 
after June 30, 
2003 for employees 
identified in paragraph ll=..l.L after December 31, 
1999 for 
employees identified in subsection 1, paragraphs I 
to K; 
after 
December 
31, 
2001 
for 
employees 
identified 
in 
subsection 1, 
paragraph L; 
and after June 
30, 
2002 
for 
employees identified in subsection 1, paragraph M; 
or if 
service credit was purchased by other than the repayment of 
an earlier refund and eligibility to make the purchase of 
the service credit, including, but not limited to, service 
credit for military service, was achieved after June 30, 
1998 for employees identified in subsection 1, paragraphs A 
to 
H: 
after June 
30, 
2003 
for 
employees identified in 
paragraph 
H-1; 
after 
December 
31, 
1999 
for 
employees 
identified 
in 
subsection 
1, 
paragraphs 
I 
to 
K; 
after 
December 31, 2001 for employees identified in subsection 1, 
paragraph 
L; 
and 
after 
June 
30, 
2002 
for 
employees 
identified in subsection 1, paragraph M, the benefit must be 
computed 
as 
provided 
in 
section 
17852, 
subsection 
1, 
paragraph A. 
(1) 
If the member had 10 years of creditable service 
on 
July 
1, 
1993, 
the benefit 
under 
subsection 
2, 
paragraph B must be reduced as provided in section 
17852, subsection 3, paragraphs A and B. 
(2) 
If 
creditable 
subsection 
each year 
age. 
the 
member 
had 
fewer 
than 
years 
of 
service on July 1, 1993, the benefit under 
2, paragraph B must be reduced by 6% for 
that the member's age precedes 55 years of 
Sec. 4. 5 MRS A §17851-A, sub-§4, 1[B, as amended by PL 2001, c. 
559, Pt. RR, 
§8 and as affected by §17, is further amended to 
read: 
B. 
Except as provided in paragraphs D and E, if some part 
of 
the 
member's 
creditable 
service 
in 
anyone 
or 
a 
combination of the capacities specified in subsection 1 was 
earned before July 1, 
1998 
for 
employees 
identified in 
subsection 1, paragraphs A to H, 
before July L 
2003 for 
employees identified in paragraph H-1; 
before January 1, 
2000 for employees identified in subsection 1, paragraphs I 
to K and before January 1, 2002 for employees identified in 
subsection 1, paragraph L and some part of the member's 
creditable service in anyone or 
a 
combination of the 
capacities specified in subsection 1 was earned after June 
30, 
1998 
and 
before 
September 
1, 
2002 
for 
employees 
identified in subsection 1, paragraphs A and B, after June 
30, 
1998 
for 
employees 
identified 
in 
subsection 
1, 
paragraphs 
C to 
H, 
after 
June 
30, 
2003 
for 
employees 
identified in paragraph H-1; after December 31, 
1999 for 
employees identified in subsection 1, paragraphs I to K and 
after 
December 
31, 
2001 
for 
employees 
identified 
in 
subsection 
1, 
paragraph 
L 
then 
the 
member's 
service 
retirement benefit must be computed in segments 
and the 
amount of the member's service retirement benefit is the sum 
of the segments. 
The segments must be computed as follows: 
(1) 
The segment or, if the member served in more than 
one of the capacities specified in subsection 1 and the 
benefits 
related 
to 
the 
capacities 
are 
not 
interchangeable 
under 
section 
17856, 
segments 
that 
reflect creditable service earned before July 1, 1998 
for employees identified in subsection 1, paragraphs A 
to H, before July L 
2003 for employees identified in 
paragraph H-1j 
before January 1, 
2000 for employees 
identified in subsection 1, 
paragraphs 
I 
to 
K and 
before January 1, 
2002 
for 
employees 
identified in 
subsection 1, paragraph L or purchased by repayment of 
an earlier 
refund of 
accumulated 
contributions 
for 
service before July 1, 1998, for employees identified 
in subsection 1, paragraphs A to H, before July 1, 2003 
for 
employees 
identified 
in 
parasraph 
H-l, 
before 
January I, 2000 for employees identified in subsection 
1, paragraphs I to K and before January I, 2002 for 
employees identified in subsection 1, paragraph L in a 
capacity or capacities specified in subsection 1 or 
purchased by other than the repayment of a refund and 
eligibility to make the purchase of the service credit, 
including, 
but 
not 
limited to, 
service credit for 
military service, was achieved before July I, 1998 for 
employees identified in subsection I, paragraphs A to 
H, 
before July 1, 
2003 
for employees identified in 
paragraph H-l, before January I, 
2000 for employees 
identified in subsection I, 
paragraphs 
I 
to 
K and 
before January I, 
2002 
for 
employees 
identified in 
subsection 
I, 
paragraph 
L 
must 
be 
computed 
under 
section 
17852, 
subsection I, 
paragraph 
A. 
If the 
member is qualified under subsection 2, paragraph Band: 
(a) 
Had 10 years of creditable service on July 1, 
1993, the amount of the segment or segments must 
be 
reduced 
as 
provided 
in 
section 
17852, 
subsection 3, paragraphs A and B; or 
(b) 
Had fewer than 10 years of creditable service 
on July I, 1993, 
the amount of the segment or 
segments must be reduced as provided in section 
17852, subsection 3-A; and 
(2) 
The 
segment 
that 
reflects 
creditable 
service 
earned after June 30, 1998 and before September I, 2002 
for employees identified in subsection I, paragraphs A 
and B, after June 30, 1998 for employees identified in 
subsection 1, paragraphs C to H, after June 30. 
2003 
for 
employees 
identified 
in 
paragraph 
H-l. 
after 
December 
31, 
1999 
for 
employees 
identified 
in 
subsection 1, paragraphs I to K and after December 31, 
2001 
for 
employees 
identified 
in 
subsection 
1, 
paragraph L or purchased by repayment of an earlier 
refund of accumulated contributions for service after 
June 
30, 
1998 
and 
before 
September 
1, 
2002 
for 
employees identified in subsection 1, paragraphs A and 
B, 
after June 
30, 
1998 for employees identified in 
subsection 1, paragraphs C to H, after June 30, 2003 
for 
employees 
identified 
in 
paragraph 
H 1, 
after 
December 
31, 
1999 
for 
employees 
identified 
in 
subsection I, paragraphs I to K and after December 31, 
2001 
for 
employees 
identified 
in 
subsection 
1, 
paragraph 
L 
in anyone or 
a 
combination 
of 
the 
capacities specified in subsection 1, or purchased by 
other than the repayment of a refund and eligibility to 
I 
make the purchase of the service credit, including, but 
not limited to, service credit for military service, 
was achieved after June 30, 1998 and before September 
1, 
2002 
for 
employees 
identified in subsection 
1, 
paragraphs A and B, after June 30, 1998 for employees 
identified in subsection 1, paragraphs C to H, 
after 
June 30, 
2003 for employees identified in paragraph 
H-L after December 31, 1999 for employees identified 
in subsection L 
paragraphs I to K and after December 
31, 
2001 
for 
employees identified in subsection 1, 
paragraph 
L 
must 
be 
computed 
under 
section 
17852, 
subsection 1, paragraph A. 
If the member is qualified 
under subsection 2, paragraph Band: 
(a) 
Had 10 years of creditable service on July 1, 
1993, the segment amount must be reduced in the 
manner provided in section 17852, 
subsection 3, 
paragraphs A and B for each year that the member's 
age precedes 55 years of age; or 
(b) 
Had fewer than 10 years of creditable service 
on 
July 
1, 
1993, 
the 
segment 
amount 
must 
be 
reduced by 6% for each year that the member's age 
precedes 55 years of age. 
Sec. 5. 5 MRSA §17851-A, sub-§4, ~B, as amended by PL 2001, c. 
646, §9, is further amended to read: 
B. 
Except as provided in paragraphs D and E, if some part 
of 
the 
member's 
creditable 
service 
in 
anyone 
or 
a 
combination of the capacities specified in subsection 1 was 
earned before July 1, 
1998 
for 
employees 
identified in 
subsection L 
paragraphs A to H; before July 1, 
2003 for 
employees identified in paragraph H-1; 
before January 1, 
2000 for employees identified in subsection 1, paragraphs I 
to K; before January 1, 
2002 for employees identified in 
subsection 1, paragraph L; 
and before July 1, 
2002 
for 
employees identified in subsection 1, paragraph M and some 
part of the member's creditable service in anyone or a 
combination of the capacities specified in subsection 1 was 
earned after June 
30, 
1998 
for 
employees 
identified in 
subsection 1, paragraphs A to H; after June 30, 
2003 for 
employees identified in paragraph H-l; after December 31, 
1999 for employees identified in subsection 1, paragraphs I 
to K; after December 31, 2001 for employees identified in 
subsection 1, 
paragraph L; 
and after June 
30, 
2002 
for 
employees identified in subsection 1, paragraph M, then the 
member's service retirement benefit must be 
computed in 
segments and the amount of the member's service retirement 
benefit is the sum of the segments. 
computed as follows: 
The segments must be 
(1) 
The segment or, if the member served in more than 
one of the capacities specified in subsection 1 and the 
benefits 
related 
to 
the 
capacities 
are 
not 
interchangeable 
under 
section 
17856, 
segments 
that 
reflect creditable service earned before July 1, 1998 
for employees identified in subsection 1, paragraphs A 
to H; before July L 
2003 for employees identified in 
paragraph H-lj before January 1, 
2000 for employees 
identified in subsection 1, paragraphs I to K; before 
January 1, 2002 for employees identified in subsection 
1, paragraph L; and before July 1, 2002 for employees 
identified in subsection 1, paragraph M or purchased by 
repayment 
of 
an 
earlier 
refund 
of 
accumulated 
contributions 
for 
service before July 1, 
1998, 
for 
employees identified in subsection 1, paragraphs A to 
H; 
before July 1, 
2003 
for 
employees identified in 
paragraph H-lj 
before January 1, 
2000 for employees 
identified in subsection 1, paragraphs I to K; before 
January 1, 2002 for employees identified in subsection 
1, paragraph L; and before July 1, 2002 for employees 
identified in subsection 1, paragraph M in a capacity 
or capacities specified in subsection 1 or purchased by 
other than the repayment of a refund and eligibility to 
make the purchase of the service credit, including, but 
not limited to, service credit for military service, 
was 
achieved 
before 
July 
1, 
1998 
for 
employees 
identified in subsection 1, paragraphs A to H; before 
July 1, 2003 for employees identified in paragraph H-1; 
before January 1, 
2000 
for 
employees 
identified in 
subsection 1, paragraphs I to K; before January 1, 2002 
for employees identified in subsection 1, paragraph L; 
and before July 1, 
2002 
for employees identified in 
subsection 
1, 
paragraph 
M, 
must 
be 
computed 
under 
section 
17852, 
subsection 
1, 
paragraph 
A. 
If 
the 
member is qualified under subsection 2, paragraph Band: 
(a) 
Had 10 years of creditable service on July 1, 
1993, the amount of the segment or segments must 
be 
reduced 
as 
provided 
in 
section 
17852, 
subsection 3, paragraphs A and B; or 
(b) 
Had fewer than 10 years of creditable service 
on July 1, 
1993, 
the amount of the segment or 
segments must be reduced as provided in section 
17852, subsection 3-A; and 
(2) 
The 
segment 
that 
reflects 
creditable 
service 
earned after June 30, 1998 for employees identified in 
subsection 1, paragraphs A to H; after June 30, 
2003 
for 
employees 
identified 
in 
paragraph 
H-1; 
after 
December 
31, 
1999 
for 
employees 
identified 
in 
subsection 1, paragraphs 
I 
to 
K; 
after December 31, 
2001 
for 
employees 
identified 
in 
subsection 
1, 
paragraph L; 
and after June 
30, 
2002 
for 
employees 
identified in subsection 1, paragraph M or purchased by 
repayment 
of 
an 
earlier 
refund 
of 
accumulated 
contributions 
for 
service after 
June 
30, 
1998 
for 
employees identified in subsection 1, paragraphs A to 
H; 
after June 
30, 
2003 
for employees identified in 
paragraph H-1; after December 31, 
1999 for employees 
identified in subsection 1, paragraphs I 
to K; after 
December 
31, 
2001 
for 
employees 
identified 
in 
subsection 1, paragraph L; and after June 30, 2002 for 
employees identified in subsection 1, paragraph M in 
anyone or a combination of the capacities specified in 
subsection 1, or purchased by other than the repayment 
of a refund and eligibility to make the purchase of the 
service credit, including, but not limited to, service 
credit for military service, was achieved after June 
30, 
1998 
for 
employees identified in subsection 1, 
paragraphs A to H; 
after June 30, 2003 for employees 
identified in paragraph H-1; after December 31, 
1999 
for employees identified in subsection-I, paragraphs I 
to K; after December 31, 2001 for employees identified 
in subsection 1, paragraph L; and after June 30, 2002 
for employees identified in subsection 1, paragraph M 
must be computed under section 17852, 
subsection 1, 
paragraph 
A. 
If 
the 
member 
is 
qualified 
under 
subsection 2, paragraph Band: 
(a) 
ijad 10 years of creditable service on July 1, 
1993,· the segment amount must be reduced in the 
manner provided in section 17852, 
subsection 3, 
paragraphs A and B for each year that the member's 
age precedes 55 years of age; or 
(b) 
Had fewer than 10 years of creditable service 
on 
July 1, 
1993, 
the 
segment 
amount 
must 
be 
reduced by 6% for each year that the member's age 
precedes 55 years of age. 
Sec. 6. 5 MRSA §17851-A, sub-§5, as amended by PL 2001, c. 
559, Pt. RR, 
§9 and as affected by §17, is further amended to 
read: 
5. 
Contributions. 
Notwithstanding any other provision of 
subchapter III .1, after June 30, 
1998 and before September 1, 
2002 for employees identified in subsection 1, paragraphs A and 
B, after June 30, 1998 for employees identified in subsection 1, 
paragraphs C to H, after June 30, 2003 for employees identified 
in 
paragraph 
H-l, 
after 
December 
31, 
1999 
for 
employees 
identified in subsection 1, paragraphs I to K and after December 
31, 2001 for employees identified in subsection 1, paragraph L, a 
member 
in 
the 
capacities 
specified 
in 
subsection 
must 
contribute to the retirement system or have pick-up contributions 
made at the rate of 8.65"0 of earnable compensation until the 
member has completed 25 years of creditable service as provided 
in this section and at the rate of 7.65"0 thereafter. 
Sec. 7. 5 MRSA §17851-A, sub-§5, as amended by PL 2001, c. 
646, §11, is further amended to read: 
5. 
Contributions. 
Notwithstanding a.ny other provision of 
subchapter III .1, after June 30, 1998 for employees identified in 
subsection 1, 
paragraphs 
A to 
H; 
after 
June 
30, 
2003 
for 
employees identified in paragraph H-1: 
after December 31, 1999 
for employees identified in subsection 1, paragraphs 
I 
to 
K; 
after December 31, 2001 for employees identified in subsection 1, 
paragraph L; and after June 30, 2002 for employees identified in 
subsection 1, paragraph M, 
a member in the capacities specified 
in subsection 1 must contribute to the retirement system or have 
pick-up contributions made at the rate of 
8.65% of earnable 
compensation 
until 
the 
member 
has 
completed 
years 
of 
creditable service as provided in this section and at the rate of 
7.65"0 thereafter. 
Sec. 
8. 
Transition. 
Notwithstanding 
the 
Maine 
Revised 
Statutes, Title 5, section 17851-A, subsection 1, paragraph H-1, 
a 
person hired 
by 
the 
Department 
of 
Defense, 
Veterans 
and 
Emergency Management prior to the effective date of this Act may 
elect to participate in the Special Plan, provided the election 
is made not later than 180 days after the effective date of this 
Act. 
SUMMARY 
This bill allows certain military firefighters and police 
officers to elect to participate in the 1998 Special Plan. 
Under 
that plan, a person may retire at 55 years of age with 10 years 
of creditable service, or may retire before 55 years of age with 
years of creditable service and a reduced benefit.