An Act To Remove the Age Penalty for State Retirees Working at State Correctional Institutions That Are Closing
Maine Legislature, Session 128, LD 0177
Committee: Appropriations and Financial Affairs
Sponsors: ALLEY, MAKER, DUNPHY, FECTEAU, GOLDEN, HICKMAN, LUCHINI, PERRY, STANLEY, TUCKER
Amends: 5 MRSA §17852-A

Legislative Document
No. 177
H.P. 133
House of Representatives, January 24, 2017
An Act To Remove the Age Penalty for State Retirees Working at 
State Correctional Institutions That Are Closing
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ALLEY of Beals.
Cosponsored by Senator MAKER of Washington and
Representatives: DUNPHY of Old Town, FECTEAU of Biddeford, GOLDEN of Lewiston, 
HICKMAN of Winthrop, LUCHINI of Ellsworth, PERRY of Calais, STANLEY of Medway, 
TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows: 
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. 
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 bill allows employees at state correctional facilities that close 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 bill requires the Commissioner of Administrative and Financial Services to 
provide certification of the pending closure of a state correctional facility to the Maine 
Public Employees Retirement System.   The bill 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 bill provides that the joint standing committee may report out 
legislation appropriating funds for the costs set forth in the report.