An Act To Remove the Age Penalty for State Retirees Working at Institutions That Are Closing
Maine Legislature, Session 127, LD 0927
Committee Amendment CA_A_H674 (House)
Amends: 5 MRSA §17852-A

COMMITTEE AMENDMENT "A" to H.P. 646, L.D. 927, Bill, "An Act To 
Remove the Age Penalty for State Retirees Working at Institutions That Are Closing" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Remove the Age Penalty for State Retirees Working at State 
Correctional Institutions That Are Closing' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §17852-A is enacted to read: 
§17852-A. Computation of benefit for certain correctional facility employees 
1. 
Definition. As used in this section, unless the context otherwise indicates, 
"correctional facility" has the same meaning as in Title 34-A, section 1001, subsection 6. 
2. Correctional facility employees. Notwithstanding section 17852 and any other 
provision of law, the service retirement benefit for a member for whom an appropriation 
of funds has been made under subsection 4 is computed as provided in subsection 3 if the 
member: 
A. Has creditable service of 25 years or more: 
B. Has not reached what would be the member's normal retirement age absent this 
section; 
C. Is employed in a correctional facility that closes and that is located more than 100 
miles from the nearest correctional facility: and 
D. Retires as a direct result of the closure of the facility described in paragraph C. 
3. Benefit. The amount of the service retirement benefit for a member qualified 
under subsection 2 is 1/50 of the member's average final compensation multiplied by the 
number of years of creditable service. 
COMMITTEE AMENDMENT 
"' 
,.. ·-~' 
COMMITIEE AMENDMENT "A" to H.P. 646, L.D. 927 
4. Appropriation of funds. The service retirement benefit for a member who meets 
the conditions of subsection 2 is computed under subsection 3 only if the retirement 
system has received an appropriation from the Legislature for the additional actuarial 
costs that result from the elimination of a reduction for retirement prior to normal 
retirement age. 
5. Certification. The Commissioner of Administrative and Financial Services shall 
provide certification of the pending closure of a correctional facility to the retirement 
system. 
The retirement system shall calculate the funds necessary under subsection 4 
and report that information to the joint standing committee of the Legislature having 
jurisdiction over retirement matters. The committee is authorized to report out legislation 
appropriating funds for the costs set forth in the report.' 
SUMMARY 
This amendment strikes the bill and replaces it with language that allows employees 
at certain state correctional facilities who have not reached their normal retirement age to 
retire and receive their full retirement benefit if certain conditions are met and funding is 
appropriated for the additional actuarial costs that result from the elimination of a 
reduction for retirement prior to normal retirement age. 
This amendment requires the Commissioner of Administrative and Financial Services 
to provide certification of the pending closur1~ of a state correctional facility to the Maine 
Public Employees Retirement System. The amendment requires the retirement system to 
calculate the amount of funding necessary to pay for the actuarial costs and report that 
information to the joint standing committee of the Legislature having jurisdiction over 
retirement matters. The amendment provides that the joint standing committee may 
report out legislation appropriating funds for the costs set forth in the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/13/16 
.::::wac 
LD927 
LR 877(02) 
An Act To Remove the Age Penalty for State Retirees Working at Institutions That Are Closing 
Fiscal Note for Bill as Amended by Committee Amendment 'A' { U-/_pJ'-f-\ 
Committee: Appropriations and Financial Affairs 
r) 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Funds 
Additional costs to the Department of Administrative and Financial Services to provide the required certification and 
the Maine Public Employees Retirement System to perform the required calculations and submit a report can be 
absorbed within each agency's existing budgeted resources. 
LR0877(02) - Fiscal Note - Page 1 of I