An Act To Include Additional Corrections Officers under the 1998 Special Plan for Retirement and To Amend the Laws Governing Retirement Benefits for Capitol Police Officers
Maine Legislature, Session 128, LD 1365
Committee: Appropriations and Financial Affairs
Sponsors: BRYANT, JACKSON, AUSTIN, BEEBE-CENTER, COREY, HILLIARD, MARTIN, DESCHAMBAULT, DIAMOND, LIBBY
Amends: 5 MRSA §17712, 5 MRSA §17712-A, 5 MRSA §17712-B, 5 MRSA §17851, 5 MRSA §17851-A, 5 MRSA §17852

Legislative Document
No. 1365
H.P. 942
House of Representatives, April 6, 2017
An Act To Include Additional Corrections Officers under the 1998 
Special Plan for Retirement and To Amend the Laws Governing 
Retirement Benefits for Capitol Police Officers
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRYANT of Windham.
Cosponsored by Senator JACKSON of Aroostook and
Representatives: AUSTIN of Skowhegan, BEEBE-CENTER of Rockland, COREY of 
Windham, HILLIARD of Belgrade, MARTIN of Sinclair, Senators: DESCHAMBAULT of 
York, DIAMOND of Cumberland, LIBBY of Androscoggin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §17712, as amended by PL 2007, c. 491, §129, is further 
amended to read: 
§17712.  Maine State Prison, Maine Correctional Center, Long Creek Youth 
Development Center, Downeast Correctional Facility, Mountain View Youth 
Development Center and Charleston Correctional Facility employees 
1.  Before September 1, 1984.  An employee of the Maine State Prison, Maine 
Correctional Center, Long Creek Youth Development Center, Downeast Correctional 
Facility, Mountain View Youth Development Center or Charleston Correctional Facility 
who holds a position described in section 17851, subsection 11, and who was first 
employed in one of those capacities before September 1, 1984, shall contribute to the 
State Employee and Teacher Retirement Program or have pick-up contributions made by 
the employer as follows: 
A.  At a rate of 7.5% of earnable compensation until the employee has met the 
eligibility requirements for retirement under section 17851, subsection 11, paragraph 
A; and 
B.  After meeting the eligibility requirements for retirement, at a rate of 6.5% of 
earnable compensation for the remainder of employment in one or more of those 
capacities. 
2.  After August 31, 1984.  An employee of the Maine State Prison, Maine 
Correctional Center, Long Creek Youth Development Center, Downeast Correctional 
Facility, Mountain View Youth Development Center or Charleston Correctional Facility 
who was first employed after August 31, 1984, in a position described in section 17851, 
subsection 11, shall contribute to the State Employee and Teacher Retirement Program or 
have pick-up contributions made by the employer as follows: 
A.  At a rate of 7.5% of earnable compensation until the employee has completed 25 
years of creditable service in one or more of those capacities; and 
B.  After completing the service described in paragraph A, at a rate of 6.5% of 
earnable compensation for the remainder of employment in one or more of those 
capacities. 
Sec. 2.  5 MRSA §17712-A, as amended by PL 2007, c. 491, §130, is further 
amended to read: 
§17712-A.  Maine State Prison, Maine Correctional Center, Long Creek Youth 
Development Center, Downeast Correctional Facility, Mountain View Youth 
Development Center and Charleston Correctional Facility employees; 
members hired after July 1, 1992 
Notwithstanding section 17712, an employee of the Maine State Prison, Maine 
Correctional Center, Long Creek Youth Development Center, Downeast Correctional 
Facility, Mountain View Youth Development Center or Charleston Correctional Facility 
who holds a position described in section 17851, subsection 11 and who is hired after 
July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a 
rate of 1% of earnable compensation in addition to the contribution required under 
section 17712. 
Sec. 3.  5 MRSA §17712-B, as amended by PL 2007, c. 491, §131, is further 
amended to read: 
§17712-B.  Maine State Prison, Maine Correctional Center, Long Creek Youth 
Development Center, Downeast Correctional Facility, Mountain View Youth 
Development Center and Charleston Correctional Facility employees; 
contributions on and after July 1, 1993 
Notwithstanding sections 17712 and 17712-A, on and after July 1, 1993 an employee 
of the Maine State Prison, Maine Correctional Center, Long Creek Youth Development 
Center, Downeast Correctional Facility, Mountain View Youth Development Center or 
Charleston Correctional Facility who holds a position described in section 17851, 
subsection 11 shall contribute to the State Employee and Teacher Retirement Program or 
have pick-up contributions made at a rate of 1.15% of earnable compensation in addition 
to the contributions required under section 17712. 
Sec. 4.  5 MRSA §17851, sub-§11, as amended by PL 1999, c. 731, Pt. CCC, §1, 
is further amended to read: 
11.  Maine State Prison, Maine Correctional Center, Long Creek Youth 
Development Center, Downeast Correctional Facility, Mountain View Youth 
Development Center and Charleston Correctional Facility employees. Except as 
provided in section 17851-A, the warden or deputy warden of the Maine State Prison,  
any officer or employee of the Maine State Prison, Maine Correctional Center, Long 
Creek Youth Development Center, Downeast Correctional Facility, Mountain View 
Youth Development Center or Charleston Correctional Facility employed as a guard or in 
the management of prisoners or any person employed as the supervising officer of those 
officers or employees or as an advocate at the Maine State Prison, Maine Correctional 
Center, Long Creek Youth Development Center, Downeast Correctional Facility, 
Mountain View Youth Development Center or Charleston Correctional Facility qualifies 
for a service retirement benefit if that person: 
A.  Was employed in one of those capacities before September 1, 1984 and: 
(1)  Completes 20 years of creditable service in one or more of those capacities; 
and  
(2)  Retires upon or after reaching the age of 50 years; or 
B.  Was employed in one of those capacities after August 31, 1984 and before 
January 1, 2000 and completed 25 years of creditable service in one or more of those 
capacities. 
Notwithstanding any other provision in this section, no person in the employ of the 
Bangor Pre-Release Center on August 4, 1988 who would have qualified for a service 
retirement benefit if the Bangor Pre-Release Center had remained the administrative 
responsibility of the Maine State Prison may be denied such a benefit by virtue of the 
transfer of that responsibility to the Charleston Correctional Facility. 
A person in the employ of the Bangor Pre-Release Center to whom paragraph A applies 
and who is employed at the Bangor Pre-Release Center on June 30, 2000 remains covered 
under paragraph A notwithstanding the closing of the Bangor Pre-Release Center if the 
person is thereafter and without a break in service employed in a capacity to which this 
subsection or section 17851-A, subsection 1, paragraph I applies or if not thereafter 
employed in such a capacity but having qualified at the time of the closing of the Bangor 
Pre-Release Center for retirement under paragraph A, retires then or at a later time. 
Sec. 5.  5 MRSA §17851-A, sub-§1, ¶E, as amended by PL 1999, c. 493, §4, is 
further amended to read: 
E.  Maine State Prison, Maine Correctional Center, Long Creek Youth Development 
Center, Downeast Correctional Facility, Mountain View Youth Development Center 
and Charleston Correctional Facility employees to whom section 17851, subsection 
11, paragraph B applies and who were employed after August 31, 1984 and before 
January 1, 2000; 
Sec. 6.  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. 7.  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. 8.  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. 9.  5 MRSA §17851-A, sub-§4, ¶D, as repealed and replaced by PL 2001, c. 
409, §5, is amended to read: 
D.  The service retirement benefit of a member who is a Maine State Prison, Maine 
Correctional Center, Long Creek Youth Development Center, Downeast Correctional 
Facility, Mountain View Youth Development Center or Charleston Correctional 
Facility employee to whom subsection 1, paragraph E applies, and who qualifies for 
service retirement benefits under subsection 2, paragraph B, 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 E regardless of 
whether the creditable service was earned before, on or after July 1, 1998, except 
that: 
(1)  If the member had 10 years of service on July 1, 1993, the benefit must be 
reduced as provided in section 17852, subsection 10, paragraph C, subparagraphs 
(1) and (2); or 
(2)  If the member had fewer than 10 years of creditable service on July 1, 1993, 
the benefit must be reduced as provided in section 17852, subsection 10, 
paragraph C-1. 
Sec. 10.  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. 
Sec. 11.  5 MRSA §17852, sub-§10, as amended by PL 1993, c. 410, Pt. L, §§40 
and 41, is further amended to read: 
10.  Maine State Prison, Maine Correctional Center, Long Creek Youth 
Development Center, Downeast Correctional Facility, Mountain View Youth 
Development Center and Charleston Correctional Facility employees. The amount of 
the service retirement benefit for members qualified under section 17851, subsection 11, 
shall be is computed as follows. 
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 not 
included in determining qualification under section 17851, subsection 11, paragraph 
A. 
B.  For members who qualify under section 17851, subsection 11, paragraph B, and 
who retire upon or after reaching the age of 55, the retirement benefit shall be is 
computed in accordance with subsection 1. 
C.  For members who qualify under section 17851, subsection 11, paragraph B, and 
who retire before reaching the age of 55, the retirement benefit is determined in 
accordance with subsection 1, except that: 
(1)  The amount arrived at under subsection 1 is reduced by applying to that 
amount the percentage that a life annuity due at age 55 bears to the life annuity 
due at the age of retirement; and 
(2)  For the purpose of making the computation under subparagraph (1), the 
board-approved tables of annuities in effect at the date of the member's retirement 
is used. 
This paragraph applies to members who, on July 1, 1993, have 10 years of creditable 
service.  For the purpose of calculating creditable service under this subsection only, 
creditable service includes time during which a member participated in the voluntary 
cost savings plan or the voluntary employee incentive program, authorized by Public 
Law 1989, chapter 702, Part F, section F-6 6 and Public Law 1991, chapter 591, Part 
BB and chapter 780, Part VV, or 10 years of combined creditable service under this 
Part and Title 3, chapter 29, or creditable service available to a member that the 
member was eligible to purchase on June 30, 1993 and that the member does 
purchase in accordance with rules adopted by the board. 
C-1.  For persons qualifying under section 17851, subsection 11, paragraph B, and 
who retire before reaching the age of 55, the retirement benefit is determined in 
accordance with subsection 1, except that the benefit is reduced by 6% for each year 
that the member's age precedes age 55. 
This paragraph applies to members who, on July 1, 1993, do not have 10 years of 
creditable service. 
SUMMARY 
This bill adds employees of the Maine Correctional Center, Long Creek Youth 
Development Center, Downeast Correctional Facility, Mountain View Youth 
Development Center and Charleston Correctional Facility to the retirement laws 
governing employees of the Maine State Prison, including the 1998 Special Plan. 
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.