An Act Relating to Retirement and Death Benefits for Certain Law Enforcement Officers
Maine Legislature, Session 123, LD 1672
Committee: Labor
Sponsors: EDMONDS, TUTTLE, STRIMLING, WATSON
Amends: 5 MRSA §17851-A, 25 MRSA §161

Legislative Document 
No. 1672 
S.P.577 
March 22, 2007 
An Act Relating to Retirement and Death Benefits for Certain Law 
Enforcement Officers 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by President EDMONDS of Cumberland . 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative TUTTLE of Sanford and Senator: STRIMLING of 
Cumberland, Representative: WATSON of Bath. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §17851-A, sub-§l,~, as amended by PL 2001, c. 646, §1, is 
further amended to read: 
L. 
Oil and hazardous materials emergency response workers in the employment of 
the Department of Environmental Protection, Division of Response Services who 
participate in a standby rotation on January 1, 2002 or are hired thereafter; aHd 
Sec. 2. 5 MRSA §17851-A, sub-§l,~, as enacted by PL 2001, c. 646, §2, is 
amended to read: 
M. 
Capital security officers in the employment of the Department of Public Safety, 
Bureau of Capital Security on July 1,2002 or hired thereafter~; and 
II 
Sec. 3. 5 MRS A §17851-A, sub-§l, ~ 
is enacted to read: 
N. Detectives in the employment of the Office of the Attorney General on July 1, 
2007 or hired thereafter. 
Sec. 4. 5 MRSA §17851-A, sub-§4, ~A, as repealed and replaced by PL 2003, c. 
510, Pt. D, §3 and as 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 I, 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 
December 31, 2001 for employees identified in subsection 1, paragraph L; aHd after 
June 30, 2002 for employees identified in subsection 1, paragraph M; and after June 
30, 2007 for employees identified in subsection 1, paragraph N; 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 December 31, 200 I for employees identified in subsection 1, 
paragraph L; aHd after June 30, 2002 for employees identified in subsection 1, 
paragraph M; and after June 30, 2007 for employees identified in subsection 1, 
paragraph N; 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 December 31, 2001 for employees identified in subsection 1, paragraph L; 
aHd after June 30, 2002 for employees identified in subsection 1, paragraph M; and 
after June 30, 2007 for employees identified in subsection 1, paragraph N, the benefit 
must be computed as provided in section 17852, subsection 1, paragraph A. 
Page I - 123LR0069(OI)-1 
I 
(I) If the member had 10 years of creditable service on July I, 1993, the benefit 
under subsection 2, paragraph B must be reduced as provided in section 17852, 
subsection 3, paragraphs A and B. 
(2) If the member had fewer than 10 years of creditable service on July 1, 1993, 
the benefit under subsection 2, paragraph B 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, ~, as repealed and replaced by PL 2003, c. 
510, Pt. D, §4 and as 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 
II 
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 January 1, 2002 for employees identified in subsection 1, 
paragraph L; aRd before July 1, 2002 for employees identified in subsection 1, 
paragraph M; and before July 1, 2007 for employees identified in subsection 1, 
paragraph N 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 December 31, 2001 for employees identified in subsection 1, 
paragraph L; aRd after June 30, 2002 for employees identified in subsection 1, 
paragraph M; and after June 30, 2007 for employees identified in subsection 1, 
paragraph N, 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: 
(I) The segment or, if the member served in more than one of the capacities 
specified in subsection I 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 January 1, 2002 for employees identified in subsection 1, 
paragraph L; aRd before July 1, 2002 for employees identified in subsection I, 
paragraph M; and before July 1, 2007 for employees identified in subsection 1, 
paragraph N 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; before January 1, 2002 for employees 
identified in subsection 1, paragraph L; aRd before July 1, 2002 for employees 
identified in subsection 1, paragraph M; and before July 1, 2007 for employees 
identified in subsection 1, paragraph ~ 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 January I, 2002 
for employees identified in subsection 1, paragraph L; aDd before July 1,2002 for 
employees identified in subsection 1, paragraph M; and before July I, 2007 for 
employees identified in subsection I, paragraph N, 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 I, 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 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 December 31, 2001 for employees identified in 
subsection 1, paragraph L; aDd after June 30, 2002 for employees identified in 
subsection 1, paragraph M; and after June 30, 2007 for employees identified in 
subsection 1, paragraph N 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 I, 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 December 31, 2001 for employees identified in subsection 1, paragraph L; 
aDd after June 30, 2002 for employees identified in subsection 1, paragraph M~ 
and after June 30, 2007 for employees identified in subsection 1, paragraph N 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 December 31, 2001 
for employees identified in subsection 1, paragraph L; aDd after June 30, 2002 for 
employees identified in subsection 1, paragraph M; and after June 30, 2007 for 
employees identified in subsection I, paragraph N 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. 6. 5 MRSA §17851-A, sub-§5, as repealed and replaced by PL 2003, c. 510, 
Pt. D, §5 and as affected by §§6 and 7, is amended to read: 
5. Contributions. Notwithstanding any other provision of subchapter 3, after June 
30, 1998 and before September I, 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 December 31, 2001 for employees identified in subsection 1, 
paragraph L; aOO after June 30, 2002 for employees identified in subsection 1, paragraph 
M; and after June 30, 2007 for employees identified in subsection 1, paragraph N, a 
member in the capacities specified in subsection I 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 25 years of creditable service as provided in this section 
and at the rate of 7.65% thereafter. 
Sec. 7. 25 MRSA §161l, sub-§5, as amended by PL 2005, c. 519, Pt. XXX, §1, 
is repealed and the following enacted in its place: 
5. Law enforcement officer or officer. "Law enforcement officer" or "officer" 
means a person who by virtue of public employment is vested by law with the power to 
make arrests for crimes or serve criminal process, whether that power extends to all 
crimes or is limited to specific crimes. As used in this chapter, "law enforcement officer" 
or "officer" does not include federal law enforcement officers or attorneys prosecuting for 
the State. 
Sec. 8. Transition. Notwithstanding the Maine Revised Statutes, Title 5, section 
17851-A, subsection 1, paragraph N, a person hired by the Office of the Attorney General 
prior to July 1, 2007 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 
I 
This bill allows detectives in the Office of the Attorney General 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 benefit. 
This bill also amends the definition of "law enforcement officer" for purposes of the 
law governing death benefits to ensure that all sworn law enforcement officers are 
eligible to receive so-called "line of duty" death benefits.