An Act To Amend the Laws To Ensure Equity in the Judicial Retirement Program
Maine Legislature, Session 124, LD 0947
Committee: Judiciary
Sponsors: TRINW ARD, BRYANT, CLEARY, DILL, HILL, PRIEST
Amends: 4 MRSA §1302

Legislative Document 
No. 947 
H.P.650 
House of Representatives, March 10,2009 
An Act To Amend the Laws To Ensure Equity in the Judicial 
Retirement Program 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative TRINW ARD of Waterville. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRYANT of Windham, CLEARY of Houlton, DILL of Cape 
Elizabeth, HILL of York, PRIEST of Brunswick. 
Printer.! on recycled p .. pcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §1302, sub-§3, as amended by PL 2007, c. 491, §45, is further 
amended to read: 
3. 
State Employee and Teacher Retirement Program and Legislative 
Retirement Program service. Creditable service as a member of the State Employee and 
Teacher Retirement Program or the Legislative Retirement Program must be allowed as 
creditable service of the Judicial Retirement Program as follows. 
A. 
Any member who has not withdrawn that member's accumulated contributions 
with the State Employee and Teacher Retirement Program or the Legislative 
Retirement Program may, upon appointment as a judge, have that member's State 
Employee and Teacher Retirement Program or Legislative Retirement Program 
contributions and membership service transferred to that member's account with the 
Judicial Retirement Program and all creditable service resulting from membership in 
the State Employee and Teacher Retirement Program or the Legislative Retirement 
Program is creditable service in the Judicial Retirement Program. 
All funds in the State Employee and Teacher Retirement Program or the Legislative 
Retirement Program contributed by the employer on account of employment are 
transferred to the Judicial Retirement Program and must be used to liquidate the 
liability incurred by reason of that member's previous employment. The State shall 
make such contributions, from time to time, as may be necessary to provide the 
benefits under the Judicial Retirement Program for the member as have accrued to the 
member by reason of the member's previous employment and may accrue to the 
member by reason of membership in the Judicial Retirement Program. 
Any member who has that member's accumulated contributions and membership 
service with the State Employee and Teacher Retirement Program or the Legislative 
Retirement Program transferred to the Judicial Retirement Program shall pay the 
costs associated with having the contributions transferred from the State Employee 
and Teacher Retirement Program or the Legislative Retirement Program to the 
Judicial Retirement Program. 
B. 
Any member who has withdrawn that member's accumulated contributions from 
the State Employee and Teacher Retirement Program or the Legislative Retirement 
Program may, subsequent to appointment as a judge and prior to the date any 
retirement allowance becomes effective for that member, deposit in the fund by a 
single payment or by an increased rate of contribution an amount equal to the 
accumulated contributions withdrawn by that member together with interest at 2% 
greater than regular interest from the date of withdrawal to the date of repayment. If 
repayment is made in installments, interest continues to accrue on the outstanding 
balance. The member is entitled to all creditable service that the member acquired 
during previous membership. In the event any retirement allowance becomes 
effective before repayment is completed, the member is entitled to credit for that 
portion of the total of the previous creditable service which the total amount of 
payments actually made bears to the total amount, including interest at 2% greater 
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than regular interest from the date of withdrawal to the date the retirement allowance 
becomes effective. 
D. 
A person may not receive benefits under both the Judicial Retirement Program 
and the State Employee and Teacher Retirement Program or the Legislative 
Retirement Program based upon the same period of service. 
SUMMARY 
This bill implements the reconunendation of the Judicial Compensation Commission 
that members of Maine's judiciary with retirement contributions earned in the Legislative 
Retirement Program be allowed to fully transfer these contributions to the Judicial 
Retirement Program. 
The bill also requires any member who transfers retirement 
contributions from the State Employee and Teacher Retirement Program or the 
Legislative Retirement Program to pay the costs to have the contributions transferred to 
the Judicial Retirement Program.