An Act To Correct the Law Regarding Portability of Pension Benefits for Law Enforcement Officers and Firefighters No. 2177 January 28, 2008
Maine Legislature, Session 123, LD 2177
Committee: Labor
Sponsors: EDMONDS, TUTTLE, BARTLETT, PLOWMAN, STRIMLING, SULLIVAN, CROCKETT, CUMMINGS, PINGREE, TARDY
Amends: 5 MRSA §18253

Legislative Document 
S.P.837 
An Act To Correct the Law Regarding Portability of Pension 
Benefits for Law Enforcement Officers and Firefighters 
No. 2177 
January 28, 2008 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
JOY 1. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative TUTTLE of Sanford and Senators: BARTLETT of 
Cumberland, PLOWMAN of Penobscot, STRIMLING of Cumberland, SULLIVAN of York, 
Representatives: CROCKETT of Augusta, Speaker CUMMINGS of Portland, PINGREE of 
North Haven, TARDY of Newport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRS A §17656, sub-§l, ~, as enacted by PL 2005, c. 636, Pt. B, § I, is 
amended to read: 
D. 
If the plan from which the member is transferring and the plan to which the 
member is transferring are both plans described in section 286 1\4, subsection 3, 
paragraph A, subparagraph (3), the member Notwithstanding subsection I, a member 
of the Maine Public Employees Retirement System who is a law enforcement officer 
as defined in Title 25, section 280 I-A, subsection 5, or a state firefighter, whose 
previous membership was based upon employment as a municipal firefighter as 
defined in section 286-M, a law enforcement officer or a state firefighter may elect to 
make the contribution necessary to include all or part of the member's creditable 
service and earnable compensation from the prior plan in the new plan. 
The 
retirement system shall establish procedures for determining the contribution 
necessary for such a member to carry forward all or part of the creditable service and 
earnable compensation from a prior plan or plans. For purposes of this paragraph, 
"state firefighter" means a person employed by the State with the primary 
responsibility of aiding in the extinguishment of fires and includes a member of 
emergency medical services line personnel as defined in section 286-M, subsection 2, 
paragraph H. 
Sec. 2. 5 MRSA §18253, sub-§l,~, as enacted by PL 2005, c. 636, Pt. B, §2, is 
amended to read: 
E. 
If the plan from which the member is transferring and the plan to 'Nhich the 
member is transferring are both plans described in section 286 1\4, subsection 3, 
paragraph A, subparagraph (3), the member Notwithstanding subsection I, a member 
of the Maine Public Employees Retirement System who is a law enforcement officer 
as defined in Title 25, section 2801-A, subsection 5, or a municipal firefighter as 
defined in section 286-M, whose previous membership was based upon employment 
as a law enforcement officer, a state firefighter or a municipal firefighter, and whose 
service retirement benefits are not otherwise governed by section 1880 I, subsection 
I, paragraph A, subparagraph 2 may elect to make the contribution necessary to 
I 
include all or part of the member's creditable service and earnable compensation from 
the prior plan in the new plan. The retirement system shall establish procedures for 
determining the contribution necessary for such a member to carry forward all or part 
of the creditable service and earnable compensation from a prior plan or plans. For 
purposes of this paragraph, "state firefighter" means a person employed by the State 
with the primary responsibility of aiding in the extinguishment of fires and includes a 
member of emergency medical services line personnel as defined in section 286-M, 
subsection 2, paragraph H. 
SUMMARY 
This bill implements the intent of PL 2005, chapter 636, Part B. It allows law 
I 
enforcement officers and firefighters to carry service credit and compensation from a 
Page I - 123LR3036(OI)-1 
prior retirement plan to a new retirement plan within the Maine Public Employees 
Retirement System as long as they pay the additional cost of doing so.