An Act To Amend the Retirement Benefit Provisions for State Employees Working under Special Plans Who Remain Employed beyond the Minimum Years Necessary To Qualify for Retirement Benefits
Maine Legislature, Session 125, LD 0298
Committee: Appropriations and Financial Affairs
Sponsors: SARTY, COURTNEY, COTTA, CURTIS, CUSHING, DAVIS, HAYES, JOHNSON, RAYE
Amends: 5 MRSA §17852

Legislative Document 
No. 298 
H.P. 242 
House of Representatives, February 3, 2011 
An Act To Amend the Retirement Benefit Provisions for State 
Employees Working under Special Plans Who Remain Employed 
beyond the Minimum Years Necessary To Qualify for Retirement 
Benefits 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SARTY of Denmark. 
Cosponsored by Senator COURTNEY of York and 
Representatives: COTTA of China, CURTIS of Madison, CUSHING of Hampden, DAVIS of 
Sangerville, HAYES of Buckfield, JOHNSON of Greenville, McKANE of Newcastle, Senator: 
President RAYE of Washington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §17852, sub-§4, ¶A, as amended by PL 1997, c. 396, §1 and 
affected by §4, is further amended to read: 
A.  For a person member qualifying under section 17851, subsection 4, paragraph A: 
(1)  The total amount of the service retirement benefit is:  
(a)  Except as provided in division (b), 1/2 of the person's member's average 
final compensation and an additional 2% of the person's member's average 
final compensation for each year of membership service before October 1, 
2011 not included in determining qualification under section 17851, 
subsection 4, paragraph A; or  
(b)  If the benefit would be greater, the part of the person's member's service 
retirement benefit based upon membership service before July 1, 1976, 
determined, on a pro rata basis, on the person's member's current annual 
salary on the date of retirement and the part of the person's member's service 
retirement benefit based upon membership service after June 30, 1976, 
determined in accordance with division (a); and  
(2)  Upon the death of a state police officer who is receiving a retirement benefit 
after qualifying under section 17851, subsection 4, paragraph A, without optional 
modification, or is retired under article 3 or article 3-A, the surviving spouse is 
entitled to a retirement benefit that is 1/2 of the amount being paid at the time of 
the officer's death.  The payment must continue for the remainder of the surviving 
spouse's lifetime. 
For the purpose of this subparagraph, "surviving spouse" means the person the 
retired officer was married to at the time of retirement. If the retired officer was 
not married at the time of retirement or subsequent to retirement was divorced or 
widowed, the term means the person legally married to the officer at the time of 
the officer's death.; and 
(3)  Notwithstanding subparagraph (2), the benefit to which a surviving spouse is 
entitled under subparagraph (2) may be awarded in whole or in part to another 
person or persons under a domestic relations order that is determined to be a 
qualified domestic relations order under section 17059 and, when so awarded, the 
benefit must be distributed in accordance with the qualified domestic relations 
order. 
Sec. 2.  5 MRSA §17852, sub-§5, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
A.  The total amount of the service retirement benefit is:  
(1)  Except as provided in subparagraph (2), 1/2 of his the member's average final 
compensation and an additional 2% of his the member's average final 
compensation for each year of membership service before October 1, 2011 not 
included in determining qualifications under section 17851, subsection 5; or  
(2)  If his the benefit would be greater, the part of his the member's service 
retirement benefit based upon membership service before July 1, 1976, shall be 
determined, on a pro rata basis, on his the member's current annual salary on the 
date of retirement and the part of his the member's service retirement benefit 
based upon membership service after June 30, 1976, shall be determined in 
accordance with subparagraph (1). 
Sec. 3.  5 MRSA §17852, sub-§6, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
A.  The total amount of the service retirement benefit is: 
(1)  Except as provided in subparagraph (2), 1/2 of his the member's average final 
compensation and an additional 2% of his the member's average final 
compensation for each year of membership service before October 1, 2011 not 
included in determining qualification under section 17851, subsection 6 or 7; or  
(2)  If his the benefit would be greater, the part of his the member's service 
retirement benefit based upon membership service before July 1, 1976, shall be 
determined, on a pro rata basis, on his the member's current annual salary on the 
date of retirement and the part of his the member's service retirement benefit 
based upon membership service after June 30, 1976, shall be determined in 
accordance with subparagraph (1). 
Sec. 4.  5 MRSA §17852, sub-§7, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
A.  Except as provided in paragraph B, 1/2 of his the member's average final 
compensation and an additional 2% of his the member's average final compensation 
for each year of membership service before October 1, 2011 not included in 
determining qualifications under section 17851, subsection 8; or 
Sec. 5.  5 MRSA §17852, sub-§8, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
A.  1/2 of his the member's average final compensation and an additional 2% of his 
the member's average final compensation for each year of membership service before 
October 1, 2011 not included in determining qualification under section 17851, 
subsection 9; or 
Sec. 6.  5 MRSA §17852, sub-§9, ¶A, as enacted by PL 1993, c. 387, Pt. A, §14, 
is amended to read: 
A.  Except as provided in paragraph B, the total amount of the service retirement 
benefit is 1/2 of the member's average final compensation and an additional 2% of the 
member's average final compensation for each year of membership service before 
October 1, 2011 not included in determining qualification under section 17851, 
subsection 10; or 
Sec. 7.  5 MRSA §17852, sub-§10, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, 
is amended to read: 
A.  For members qualifying under section 17851, subsection 11, paragraph A, 1/2 of 
his the member's average final compensation and an additional 2% of his the 
member's average final compensation for each year of membership service before 
October 1, 2011 not included in determining qualification under section 17851, 
subsection 11, paragraph A. 
SUMMARY 
Under current law, certain state employees in special retirement plans, such as the 
Maine State Police, marine resources officers and liquor inspectors, earn an additional 2% 
of average final compensation for each year those employees work beyond the minimum 
retirement age.  This bill prospectively eliminates, beginning October 1, 2011, that 
additional 2% of the average final compensation computed each year past a member's 
minimum retirement age.  The bill does not affect the inclusion of the additional 2% of 
average final compensation computed for each year beyond a member's minimum 
retirement age that occurs prior to October 1, 2011.  The bill also amends language to 
make it gender-neutral.