An Act To Allow Forfeiture of Maine Public Employees Retirement System Benefits for Persons Convicted of Certain Crimes
Maine Legislature, Session 125, LD 1831
Committee Amendment CA_A_H838 (House)
Amends: 3 MRSA §703, 4 MRSA §1203, 5 MRSA §17054

COMMITTEE AMENDMENT ,1\" to H.P. 1351, L.D. 1831, Bill, "An Act To 
Allow Forfeiture of Maine Public Employees Retirement System Benefits for Persons 
Convicted of Certain Crimes" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 2 MRSA §l-A, sub-§3 is enacted to read: 
3. Forfeiture and restitution. The rights and benefits of a member or retiree under 
this section are subject to forfeiture or assignment to the member's spouse, dependent or 
former spouse in accordance with the provisions of Title 5, section 17062. 
Sec. 2. 3 MRS A §703, sub-§2, as amended by PL 2007, c. 137, §1, is further 
amended to read: 
2. 
Accumulated contributions available for child support. 
A member's 
accumulated contributions , which that are refundable under sections 805-A and 805-B, 
are available to satisfy a child support obligation that is otherwise enforceable by 
execution, garnishment, attachment, assignment or other process; and 
Sec. 3. 3 MRS A §703, sub-§3, as enacted by PL 1991, c. 746, § I and affected by 
§ 10, is amended to read: 
3. Qualified domestic relations order. The rights and benefits of a member or 
retiree under this chapter are subject to the rights of or assignment to an alternate payee, 
as defined in Title 5, section 17001, subsection 3-B, under a qualified domestic relations 
order in accordance with Title 5, section 17059~; and 
Sec. 4. 3 MRSA §703, sub-§4 is enacted to read: 
4. Forfeiture and restitution. The rights and benefits of a member or retiree under 
this chapter are subject to forfeiture or assignment to the member's spouse, dependent or 
former spouse in accordance with the provisions of Title 5, section 17062. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1351, L.D. 1831 
Sec. 5. 4 MRSA §1203, sub-§2, as amended by PL 2007, c. 137, §5, is further 
amended to read: 
2. 
Accumulated contributions available for child support. 
A member's 
accumulated contributions, which that are refundable under sections 1305-A and 1305-H; 
are available to satisfy a child support obligation that is otherwise enforceable by 
execution, garnishment, attachment, assignment or other process; aHd 
Sec. 6. 4 MRSA §1203, sub-§3, as enacted by PL 1991, c. 746, §2 and affected 
by § 10, is amended to read: 
3. Qualified domestic relations order. The rights and benefits of a member or 
retiree under this chapter are subject to the rights of or assignment to an alternate payee, 
as defined in Title 5, section 17001, subsection 3-B, under a qualified domestic relations 
order in accordance with Title 5, section 17059~; and 
Sec. 7. 4 MRSA §1203, sub-§4 is enacted to read: 
4. Forfeiture and restitution. The rights and benefits of a member or retiree under 
this chapter are subject to forfeiture or assignment to the member's spouse, dependent or 
former spouse in accordance with the provisions of Title 5, section 17062. 
Sec. 8. 5 MRSA §17054, sub-§2, as amended by PL 2007, c. 137, §9, is further 
amended to read: 
2. 
Accumulated contributions available for child support. 
A member's 
accumulated contributions, which that are refundable under sections 17705-A, 17706-A, 
18306-A and 18307 -A, are available to satisfy any child support obligation that is 
otherwise enforceable by execution, garnishment, attachment, assignment or other 
process; 
Sec. 9. 5 MRS A §17054, sub-§3, as amended by PL 2009, c. 322, §1, is further 
amended to read: 
3. Recovery of overpayments by the retirement system. Any amounts due the 
retirement system as the result of overpayment or erroneous payment of benefits, an 
excess refund of contributions or overpayment or erroneous payment of life insurance 
benefits may be recovered from an individual's contributions, any benefits or life 
insurance benefits payable under this Part to the individual or the beneficiary of the 
individual or any combination of contributions and benefits. 
If the overpayment or 
excess refund of contributions resulted from a mistake of or incorrect information 
provided by an employee of the retirement system, or a mistake of the retiree or the 
recipient of the benefit or life insurance benefit, a penalty or interest may not be assessed 
by the retirement system. In all cases of recovery of overpayments through the reduction 
of a retirement benefit, whether with or without the assessment of interest by the 
retirement system, the recovery practices must be reasonable and consider the personal 
economic stability of the retiree in the establishment of the recovery schedule. The 
executive director may also take action to recover those amounts due from any amounts 
payable to the individual by any other state agency or by an action in a court of 
competent jurisdiction. Whenever the executive director makes a decision to recover any 
amounts under this subsection, that decision is subject to appeal under section 17451. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 1351, L.D. 1831 
Employers are responsible for enrolling employees in the correct retirement plan. The 
retirement system shall provide training, education and information to assist employers in 
the correct enrollment of employees. 
If an employee is enrolled in the incorrect 
retirement plan by the employer through no fault of the employee, the employee may not 
lose any retirement benefits. The State is not responsible for the employer contribution 
when the employer is a school district, municipality or county and those contributions and 
assessed interest, if applicable, must be paid to the retirement system by the school 
district, municipality or county; aRd 
Sec. 10. 5 MRS A §17054, sub-§4, as amended by PL 2005, c. 560, §1 and 
affected by §5, is further amended to read: 
4. Qualified domestic relations order. The rights of a member, retiree, beneficiary 
or other payee under this Part are subject to the rights of or assignment to an alternate 
payee under a qualified domestic relations order in accordance with section 170597; and 
Sec. 11. 5 MRSA § 17054, sub-§5 is enacted to read: 
5. Forfeiture and restitution. The rights and benefits of a member or retiree under 
this Part are subject to forfeiture or assignment to the member's spouse, dependent or 
former spouse in accordance with the provisions of Title 5, section 17062. 
Sec. 12. 5 MRSA § 17062 is enacted to read: 
§17062. Forfeiture of benefits for crime; restitution 
1. Crime. If a member is convicted of or pleads guilty or no contest to a crime 
committed in connection with the member's public office or public employment or to a 
crime the member's position placed the member in a position to commit, the member's 
right to receive any benefit or payment of any kind under this Part is subject to the 
following. 
A. If the penalties for the crime are greater than or equal to the penalties for a Class 
C crime, the court may order the forfeiture of the member's right to receive any 
benefit or payment of any kind under this Part except a return of the amount 
contributed by the member to the retirement system without interest, subject to 
paragraph B. 
B. If the court orders the member to make restitution to the State or any political 
subdivision of the State for monetary loss incurred as a result of the crime, the court 
may order that restitution payments be made by the retirement system from the 
amount contributed by the member to the retirement system. 
C. Subject to the requirements of subsection 2, the court may award to the member's 
spouse, dependent or former spouse as an alternate payee some or all of the amount 
that, but for the forfeiture under paragraph A, may otherwise be payable. Upon order 
of the court, the retirement system shall provide information concerning the member's 
membership that the court considers relevant to the determination of the amount of an 
award under this paragraph. In determining the award, the court shall consider the 
totality of the circumstances, including, but not limited to: 
(1) The role, if any, of the member's spouse, dependent or former spouse in 
connection with the crime; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 1351, L.D. 1831 
(2) 
The degree of knowledge, if any, possessed by the member's spouse, 
dependent or former spouse in connection with the crime; and 
(3) The extent to which the spouse, dependent or former spouse was relying on 
the forfeited benefits. 
2. Benefit award requirements. An award ordered under subsection 1, paragraph C 
may not require the retirement system to: 
A. Provide a type or form of benefit or an option not otherwise provided by the 
retirement system; 
B. Provide increased benefits determined on the basis of actuarial value; or 
C. Take an action contrary to its governing laws or plan provisions other than the 
direct payment of the benefit awarded to the spouse, dependent or former spouse.' 
SUMMARY 
This amendment replaces the bill but carries out the intent of the bill to give a court 
discretion to order the forfeiture of retirement benefits of a member of the Maine Public 
Employees Retirement System who commits a crime in connection with the member's 
public office or public employment or a crime the member's position placed the member 
in a position to commit. 
The amendment includes members of the gubernatorial retirement system, legislative 
retirement system and the judicial retirement system, as well as all other plans 
administered by the Maine Public Employees Retirement System. It allows the court to 
award to the spouse, dependent or former spouse of the employee benefits that would 
otherwise be payable if not for the forfeiture because of the crime. The Maine Public 
Employees Retirement System is required to provide information concerning the 
member's membership that the court considers relevant to the determination of the 
amount of an award pursuant to an order of the court. 
The amendment clarifies that the Maine Public Employees Retirement System is not 
required to provide any additional benefits or benefit options. 
COMMITTEE AMENDMENT