An Act Pertaining to the Retirement of Certain Oil and Hazardous Material Specialists
Maine Legislature, Session 124, LD 1007
Committee Amendment CA_A_H184 (House)
Amends: 5 MRSA §17851-A

COMMITTEE AMENDMENT "4,, to H.P. 695, L.D. 1007, Bill, "An Act 
Pertaining to the Retirement of Certain Oil and Hazardous Material Specialists" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'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; ami 
, Sec. 2. 5 MRSA §17851-A, sub-§l, ,-M, 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 
Sec. 3. 5 MRSA §17851-A, sub-§l, ~ 
is enacted to read: 
N. Oil and hazardous materials specialists, other than those covered in paragraph L, 
in the employment of the Department of Environmental Protection on January 1, 
2010 or hired thereafter. 
Sec. 4. 5 MRSA §17851-A, sub-§2, as repealed and replaced by PL 2003, c. 510, 
Pt. D, § 1 and affected by §§6 and 7, is amended to read: 
2. Qualification for benefits. A member employed 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, 2002 for 
employees identified in subsection 1, paragraph M; after December 31, 2009 for 
employees identified in subsection 1, paragraph N; and any employee identified in 
subsection 1, paragraph L, qualifies for a service retirement benefit if that member either: 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to H.P. 695, L.D. 1007 
A. 
Is at least 55 years of age and has completed at least 10 years of creditable 
service under the 1998 Special Plan in anyone or a combination of the capacities; or 
B. 
Has completed at least 25 years of creditable service in anyone or a combination 
of the capacities specified in subsection 1, whether or not the creditable service 
included in determining that the 25-year requirement has been met was earned under 
the 1998 Special Plan or prior to its establishment. 
Sec. 5. 5 MRSA §17851-A, sub-§3, ~A, as repealed and replaced by PL 2003, c. 
510, Pt. D, §2 and affected by §§6 and 7, is amended to read: 
A. 
For the purpose of meeting the qualification requirement of subsection 2, 
paragraph A: 
(1) Service credit purchased by repayment of an earlier refund of accumulated 
contributions following termination of service is included only to the extent that 
time to which the refund relates was served 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; aru:l after June 30, 2002 for employees identified in subsection 1, paragraph 
M; and after December 31, 2009 for employees identified in subsection 1, 
paragraph N, in anyone or a combination of the capacities specified in subsection 
1. Service credit may be purchased for service by an employee identified in 
subsection 1, paragraph L regardless of when performed; and 
(2) Service credit purchased other than as provided under subparagraph (1), 
including but not limited to service credit for military service, is not included. 
Sec. 6. 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 
December 31, 2001 for employees identified in subsection 1, paragraph L; aru:l after 
June 30, 2002 for employees identified in subsection 1, paragraph M; and after 
December 31, 2009 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 31,2001 for employees identified in 
subsection 1, paragraph L; aru:l after June 30, 2002 for employees identified in 
subsection 1, paragraph M; and after December 31, 2009 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A 
.. to H.P. 695, L.D. 1007 
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 December 31, 2009 for employees identified in 
subsection 1, paragraph N, 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 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. 7. 5 MRSA §17851-A, sub-§4, CjJB, 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 January 1,2002 for employees identified in subsection 1, 
paragraph L; aHd before July 1, 2002 for employees identified in subsection 1, 
paragraph M; and before January 1, 2010 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; aHd after June 30, 2002 for employees identified in subsection 1, 
paragraph M; and after December 31, 2009 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: 
(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 January 1, 2002 for employees identified in subsection 1, 
paragraph L; aHd before July 1, 2002 for employees identified in subsection 1, 
paragraph M; and before January 1, 2010 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 
COMMITTEE AMENDMENT 
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COMMJTI'llE AMENDMENT" ~ 
" In RP. 695, L.D. 1007 
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 before January 1, 2010 for 
employees identified in subsection 1, paragraph N 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 
1,2002 for employees identified in subsection 1, paragraph L; and before July 1, 
2002 for employees identified in subsection 1, paragraph M; and before January 
1, 2010 for employees identified in subsection 1, 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 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; and after June 30, 2002 for employees identified in 
subsection 1, paragraph M; and after December 31, 2009 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 1, paragraphs A andB; 
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; and after June 30, 2002 for employees identified in subsection 1, paragraph M; 
and after December 3 1, 2009 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; and after June 30, 
2002 for employees identified in subsection 1, paragraph M; and after December 
31, 2009 for employees identified in subsection 1, paragraph N must be 
COMMI 
EE AMENDMENT 
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COMMITTEE AMENDMENT" A 
.. ill H.P. 695, L.D. 1007 
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. 8. 5 MRSA §17851-A, sub-§5, as amended by PL 2007, c. 491, §157, is 
further amended to read: 
5. Contributions. Notwithstanding any other provision of subchapter 3, 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; iHld after June 30,2002 for employees identified in subsection 1, paragraph 
M; and after December 31, 2009 for employees identified in subsection 1, paragraph N, a 
member in the capacities specified in subsection 1 must contribute to the State Employee 
and Teacher Retirement Program 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. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Finance 0018 
Initiative: Provides funds for the additional retirement costs for Oil and Hazardous 
Material Specialist positions. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Performance Partnership Grant 0851 
2009-10 
$2,453 
$2,453 
2010-11 
$3,270 
$3,270 
Initiative: Provides funds for the additional retirement costs for Oil and Hazardous 
Material Specialist positions. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~" ill ILP. 695, L.D. 1007 
FEDERAL EXPENDITURES FUND 
2009-10 
2010-11 
Personal Services 
$10,312 
$13,749 
FEDERAL EXPENDITURES FUND TOTAL 
$10,312 
$13,749 
Remediation and Waste Management 0247 
Initiative: Provides funds for the additional retirement costs for Oil and Hazardous 
Material Specialist positions. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SUNrndARY 
2009-10 
$4,905 
'$4,905 
2009-10 
$15,216 
$15,216 
2009-10 
$4,905 
$10,312 
$17,669 
$32,886 
2010-11 
$6,541 
$6,541 
2010-11 
$20,289 
$20,289 
2010-11 
$6,541 
$13,749 
$23,559 
$43,849 
The amendment prospectively adds oil and hazardous materials specialists employed 
in the Department of Environmental Protection to the 1998 Special Plan who were not 
included in the original 1998 Special Plan. The amendment also adds an appropriations 
and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04/23/09 
,;:t;paC!. 
LD 1007 
LR 1034(02) 
An Act Pertaining to the Retirement of Certain Oil and Hazardous Material Specialists 
Fiscal Note for Bill as Amended by Committee Amendment ,,~, 
Committee: Labor 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Federal Expenditures Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$4,905 
$4,905 
$10,312 
$17,669 
2010-11 
$6,541 
$6,541 
$13,749 
$23,559 
Projections 
2011-12 
$6,541 
$6,541 
$13,749 
$23,559 
Projections 
2012-13 
$6,541 
$6,541 
$13,749 
$23,559 
Adding certain oil and hazardous materials emergency response workers within the Department of Environmental 
Protection to the 1998 Special Plan on a prospective basis only will increase the normal cost component of the 
employer retirement rate for these members from 5.75% of payroll to 6.50% of payroll. This bill includes General 
Fund appropriations of $4,905 in fiscal year 2009-10 and $6,541 in fiscal year 2010-11, Federal Expenditures Fund 
allocations of $1 0,312 in fiscal year 2009-10 and $13,749 in fiscal year 2010-11 and Other Special Revenue Funds 
allocations of $17,669 in fiscal year 2009-10 and $23,559 in fiscal year 2010-11 to support those additional costs. 
LRI034(02) - Fiscal Note - Page 1 of 1