An Act To Change the Retirement Eligibility Requirements for Investigators in the Office of the Attorney General and the Department of the Secretary of State
Maine Legislature, Session 122, LD 1269
Committee: Labor
Sponsors: BARTLETT, FARRINGTON, STRIMLING, SULLIVAN, BARSTOW, DRISCOLL, FISHER, MARLEY
Amends: 5 MRSA §17851-A

Legislative Document 
No. 1269 
S.P.449 
In Senate, March 15,2005 
An Act To Change the Retirement Eligibility Requirements for 
Investigators in the Office of the Attorney General and the 
Department of the Secretary of State 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Representative FARRINGTON of Gorham and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: STRIMLING of Cumberland, SULLIVAN of York, Representatives: BARSTOW of 
Gorham, DRISCOLL of Westbrook, FISHER of Brewer, MARLEY of Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §17851-A, sub-§l, 1fK-I is enacted to read: 
K-l. 
Inves.t.i.ggtors in th~mplQyment of the Office of the 
Attorney General or Department of the Secretary of State on 
July 1, 2005, or hired thereafter; 
Sec. 2. 5 MRSA §17851-A, sub-§4, ,A, as repealed and replaced 
by PL 2003, c. 510, Pt. D, 
§3 
and affected by §§6 and 7, is 
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 December 31, 1999 for 
employees identified in subsection 1, paragraphs 
I 
to K; 
after June 30, 2005 for employees identified in subsection 
1, 
paragraph K-l: 
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 
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 December 31, 1999 for employees 
identified in subsection 1, paragraphs I 
to K; 
after June 
30, 2005 for employees identified in subsection 1, paragraph 
K-l; after December 
31, 
2001 for employees identified ln 
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 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 
December 
31, 
1999 
for 
employees 
identified 
in 
subsection 1, paragraphs I 
to K; 
after June 30 l 
2005 for 
employees identified in subsection 1, paragraph K-l; 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 
L 
paragraph A. 
Page l-LR1841(l) 
(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 
6q,o 
for 
that the member's age precedes 55 years of 
Sec. 3. 5 MRSA §17851-A, sub-§4, ,B, as repealed and replaced 
by PL 2003, c. 
510, Pt. 
D, 
§4 and affected by §§6 and 7, is 
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 January 1, 2000 for 
employees identified in sUbsection 1, paragraphs 
I 
to K; 
before July 1, 2005 for employees identified in subsection 
1, 
paragraph 
K-1; 
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 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 December 31, 1999 for 
employees identified in subsection 1, 
paragraphs 
I 
to K; 
after June 30, 2005 for employees identified in subsection 
1, 
paragraph K-1; 
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. 
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 January 1, 2000 for employees identified 
in subsection 1, paragraphs I to K; before July 1, 2005 
for 
employees identified in sUbsection 1, 
paragraph 
K-l: 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 January 1, 2000 for employees 
identified in subsection 1, paragraphs I to K; 
befor~ 
July 1, 2005 for employees identified in subsection 1, 
paragraph K-l; 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 January 1, 2000 for employees 
identified in subsection 1, paragraphs I to K; before 
July 1, 2005 for employees identified in subsection 1, 
paragraph K-l; 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 
1993, the amount of the segment 
service on July 1, 
or segments must 
section 
17852, 
be 
reduced 
as 
provided 
in 
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 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 December 31, 
1999 
for 
employees 
identified 
in 
subsection 
1, 
paragraphs I to K; after June 30, 
2005 for employees 
identified 
in 
subsection 
1, 
paragraph 
K-1j 
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 
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 
December 
31, 
1999 
for 
employees identified in subsection 1, paragraphs I 
to 
K; 
after June 
30, 
2005 
for 
employees identified in 
subsection 1, paragraph K-1 i 
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 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 December 31, 1999 for employees identified 
in subsection 1, paragraphs I to K; after June 30, 2005 
for 
employees 
identified in subsection 1, 
paragraph 
K-1i 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. 
I f 
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°'0 for each year that the member's age 
precedes 55 years of age. 
Sec. 4. 5 MRS A §17851-A. sub-§5. as repealed and replaced by 
PL 2003, c. 510, Pt. D, §5 and affected by §§6 and 7, is amended 
to read: 
5. 
Contributions. 
Notwithstanding any ether prov1s10n of 
subchapter 3, after June 30, 1998 and before September 1, 2002 
for employees identified 1n subsection 1, paragraphs A and B; 
after June 30, 
1998 for employees identified in subsection 1, 
~o 
paragraphs 
C 
to 
H; 
after 
December 
31, 
1999 
for 
employees 
identified in subsection 1, paragraphs I 
to K; 
after June 30, 
2005 for employees identified in subsection L 
paragraph K-1-,-
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% thereafter. 
Sec. 
5. 
Transition. 
Notwithstanding 
the 
Maine 
Revised 
Statutes, Title 5, section 17851-A, subsection 1, paragraph K-1, 
a 
person 
hired 
by 
the 
Office 
of 
the 
Attorney 
General 
or 
Department of the Secretary of State prior to the effective date 
of this Act may elect to participate in the 1998 Special Plan of 
the Maine State Retirement System, as long as the election is 
made not later than 180 days after the effective date of this Act. 
SUMMARY 
This bill allows investigators in the Office of the Attorney 
General or Department of the Secretary of State to elect to 
participate 
in 
the 
1998 
Special 
Plan 
of 
the 
Maine 
State 
Retirement System. 
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 25 years of creditable service and a 
reduced bene fit.