An Act To Amend the Laws Governing Retirement Benefits for Capitol Police Officers
Maine Legislature, Session 128, LD 1653
Committee: Appropriations and Financial Affairs
Sponsors: KATZ
Amends: 5 MRSA §17851-A

Legislative Document
No. 1653
S.P. 610
In Senate, November 29, 2017
An Act To Amend the Laws Governing Retirement Benefits for 
Capitol Police Officers
Submitted by the Department of Public Safety pursuant to Joint Rule 203.
Received by the Secretary of the Senate on November 27, 2017.  Referred to the 
Committee on Appropriations and Financial Affairs pursuant to Joint Rule 308.2 and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator KATZ of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17851-A, sub-§2, as repealed and replaced by PL 2003, c. 510, 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 any one 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 any employee identified in subsection 1, paragraph M; and any employee 
identified in subsection 1, paragraph L, qualifies for a service retirement benefit if that 
member either:
A.  Is at least 55 years of age and has completed at least 10 years of creditable service 
under the 1998 Special Plan in any one or a combination of the capacities; or
B.  Has completed at least 25 years of creditable service in any one 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Sec. 2.  5 MRSA §17851-A, sub-§3, ¶A, as repealed and replaced by PL 2003, c. 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; 
and after December 31, 1999 for employees identified in subsection 1, 
paragraphs I to K; and after June 30, 2002 for employees identified in subsection 
1, paragraph M, in any one 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 paragraphs L and M 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. 3.  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 any one 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; and after 
June 30, 2002 regardless of when earned for employees identified in subsection 1, 
paragraph M; if service credit was purchased by repayment of an earlier refund of 
accumulated contributions for service in any one 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; and after June 30, 2002 regardless 
of when earned for employees identified in subsection 1, paragraph M; 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 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 regardless 
of when earned for employees identified in subsection 1, paragraph M, 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. 4.  5 MRSA §17851-A, sub-§4, ¶E, as enacted by PL 2001, c. 409, §5, is 
amended to read:
E.  The service retirement benefit of a member to whom subsection 1, paragraph L or 
M applies and who qualifies for service retirement benefits under subsection 2 must 
be computed under section 17852, subsection 1, paragraph A on the basis of all of the 
member's creditable service in the capacity specified in subsection 1, paragraph L or 
M, regardless of when that creditable service was earned, except that for a member 
qualifying under subsection 2, paragraph B:
(1)  If the member had 10 years of service on July 1, 1993, the benefit must be 
reduced as provided in section 17852, subsection 3, paragraphs A and B for each 
year the member's age precedes 55 years of age; or
(2)  If the member had fewer than 10 years of creditable service on July 1, 1993, 
the benefit must be reduced by 6% for each year that the member's age precedes 
years of age.
SUMMARY
This bill provides that service retirement benefits for a Capitol Police officer in the 
employment of the Department of Public Safety must be computed on the basis of all of 
the member's creditable service, regardless of when that service was earned.