An Act To Provide the Same Retirement Benefits for State Employees Working in Law Enforcement as Are Provided to Law Enforcement Officers
Maine Legislature, Session 129, LD 0833
Committee Amendment CA_A_H496 (House)
Amends: 5 MRSA §17851-A

COMMITTEE AMENDMENT "A " to H.P. 607, L.D. 833, Bill, "An Act To 
Provide the Same Retirement Benefits for State Employees Working in Law Enforcement 
as Are Provided to Law Enforcement Officers" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide the Same Retirement Benefits for State Employees Working as 
Emergency Communications Specialists as Are Provided to Law Enforcement 
Officers' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §17851-A, sub-§1, ,rL, as amended by PL 2001, c. 646, §1, is 
further amended to read: 
L. Oil and hazardous materials emergency response workers in the employment of 
the Department of Environmental Protection, Division of Response Services who 
participate in a standby rotation on January 1, 2002 or are hired thereafter; aad 
Sec. 2. 5 MRSA §17851-A, sub-§1, ,rM, as enacted by PL 2001, c. 646, §2 and 
amended by PL 2009, c. 317, Pt. E, § § 15 and 16, is further amended to read: 
M. Capitol Police officers in the employment of the Department of Public Safety, 
Bureau of Capitol Police on July 1, 2002 or hired thereafter~: and 
Sec. 3. 5 MRSA §17851-A, sub-§1, ~ 
is enacted to_read: 
N. Emergency communications specialists in the employment of the Department of 
Public Safety on July 1, 2020 who elect to participate in the 1998 Special Plan or 
hired thereafter. 
Sec. 4. 5 MRSA §17851-A, sub-§2, as amended by PL 2017, c. 439, §1, is 
further 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 
COMMITTEE AMENDMENT 
~(b, 
f . 
COMMITTEE AMENDMENT "4 "to H.P. 607, L.D. 833 
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; any employee identified in 
subsection 1, paragraph M; after June 30, 2020 for employees identified in subsection 1, 
paragraph N; and any employee identified in subsection 1, paragraph L, qualifies for a 
service retirement benefit if that member either: 
A. Is at least 5 5 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. 5. 5 MRSA §17851-A, sub-§3, ,fA, as amended by PL 2017, c. 439, §2, is 
further 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; 
Ma after December 31, 1999 for employees identified in subsection 1, 
paragraphs I to K; and after June 30, 2020 for employees identified in subsection 
1, paragraph N 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, paragraphs L and M regardless of when petformed; 
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. 6. 5 MRSA §17851-A, sub-§4, ,fA, 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; a1*i after 
June 30, 2002 for employees identified in subsection 1, paragraph M; and after June 
30, 2020 for employees identified in subsection 1, paragraph N; 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, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 607, L.D. 833 
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; aR4 after June 30, 2002 for employees identified in subsection 1, 
paragraph M; and after June 30, 2020 for employees identified in subsection 1, 
paragraph N; 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; 
aR4 after June 30, 2002 for employees identified in subsection 1, paragraph M: and 
after June 30, 2020 for employees identified in subsection 1, paragraph N, 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 andB. 
(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. 7. 5 MRSA §17851-A, sub-§4, ~' as amended by PL 2017, c. 439, §3, is 
further amended to read: 
B. Except as provided in paragraphs D, E and F, if some part of the member's 
creditable service in any one or a combination of the capacities specified in 
subsection 1 was earned before July 1, 1998 for employees identified in subsection 1, 
paragraphs A to H; before January 1, 2000 for employees identified in subsection 1, 
paragraphs I to K; before January 1, 2002 for employees identified in subsection 1, 
paragraph L; aR4 before July 1, 2002 for employees identified in subsection 1, 
paragraph M: and before July 1, 2020 for employees identified in subsection 1, 
paragraph N and some part 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; aR4 after June 30, 2002 for employees identified in subsection 1, 
paragraph M: and after June 30, 2020 for employees identified in subsection 1, 
paragraph N, then the member's service retirement benefit must be computed in 
segments and the amount of the member's service retirement benefit is the sum of the 
segments. The segments must be computed as follows: 
(1) The segment or, if the member served in more than one of the capacities 
specified in subsection 1 and the benefits related to the capacities are not 
interchangeable under section 17856, segments that reflect creditable service 
earned before July 1, 1998 for employees identified in subsection 1, paragraphs A 
to H; before Januaty 1, 2000 for employees identified in subsection 1, paragraphs 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 607, L.D. 833 
I to K; before January 1, 2002 for employees identified in subsection 1, 
paragraph L; arul before July 1, 2002 for employees identified in subsection 1, 
paragraph M; and before July 1. 2020 for employees identified in subsection 1. 
paragraph N or purchased by repayment of an earlier refund of accumulated 
contributions for service before July 1, 1998, for employees identified in 
subsection 1, paragraphs A to H; before January 1, 2000 for employees identified 
in subsection 1, paragraphs I to K; before January 1, 2002 for employees 
identified in subsection 1, paragraph L; arul before July 1, 2002 for employees 
identified in subsection 1, paragraph M; and before July 1, 2020 for employees 
identified in subsection 1. paragraph N in a capacity or capacities specified in 
subsection 1 or purchased by other than the repayment of a refund and eligibility 
to make the purchase of the service credit, including, but not limited to, service 
credit for military service, was achieved before July 1, 1998 for employees 
identified in subsection 1, paragraphs A to H; before January 1, 2000 for 
employees identified in subsection 1, paragraphs I to K; before January 1, 2002 
for employees identified in subsection 1, paragraph L; arul before July 1, 2002 for 
employees identified in subsection 1, paragraph M; and before July 1. 2020 for 
employees identified in subsection 1. paragraph N, must be computed under 
section 17852, subsection 1, paragraph A. If the member is qualified under 
subsection 2, paragraph B and: 
(a) Had 10 years of creditable service on July 1, 1993, the amount of the 
segment or segments must be reduced as provided in section 17852, 
subsection 3, paragraphs A and B; or 
(b) Had fewer than 10 years of creditable service on July 1, 1993, the 
amount of the segment or segments must be reduced as provided in section 
17852, subsection 3-A; and 
(2) The segment that reflects creditable service 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; arul after June 30, 2002 for employees identified in 
subsection 1, paragraph M: and after June 30. 2020 for employees identified in 
subsection 1. paragraph N or purchased by repayment of an earlier refund of 
accumulated contributions for service 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; 
arul after June 30, 2002 for employees identified in subsection 1, paragraph Ml 
and after June 30, 2020 for employees identified in subsection 1. paragraph N in 
any one or a combination of the capacities specified in subsection 1, or purchased 
by other than the repayment of a 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 
COMMITTEE AMENDMENT 
~(t,~~ 
COMMITTEE AMENDMENT'~ "to H.P. 607, L.D. 833 
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 for 
employees identified in subsection 1, paragraph M: and after June 30, 2020 for 
employees identified in subsection 1, paragraph N must be computed under 
section 17852, subsection 1, paragraph A. If the member is qualified under 
subsection 2, paragraph B and: 
(a) Had 10 years of creditable service on July l, 1993, the segment amount 
must be reduced in the manner provided in section 17852, subsection 3, 
paragraphs A and B for each year that the member's age precedes SS years of 
age; or 
(b) Had fewer than 10 years of creditable service on July 1, 1993, the 
segment amount must be reduced by 6% for each year that the member's age 
precedes 55 years of age. 
Sec. 8. 5 MRSA §17851-A, sub-§5, as amended by PL 2007, c. 491, §157, is 
further amended to read: 
5. Contributions. Notwithstanding any other provision of subchapter 3, 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 for employees identified in subsection 1, paragraph 
M: and after June 30, 2020 for employees identified in subsection 1, paragraph N, a 
member in the capacities specified in subsection 1 must contribute to the State Employee 
and Teacher Retirement Program or have pick-up contributions made at the rate of 8.65% 
of eamable compensation until the member has completed 25 years of creditable service 
as provided in this section and at the rate of 7 .65% thereafter. 
Sec. 9. Transition. If an emergency communications specialist in the employment 
of the Department of Public Safety on July 1, 2020 elects to participate in the 1998 
Special Plan of the Maine Public Employees Retirement System, as provided in the 
Maine Revised Statutes, Title 5, section 17851-A, subsection 1, paragraph N, that 
employee must make that election no later than September 30, 2020 and that employee's 
participation in the 1998 Special Plan becomes effective October 1, 2020. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Consolidated Emergency Communications Z021 
Initiative: Allocates funds for the cost of adding Emergency Communications Specialist, 
Emergency Communications Specialist - Lead and Emergency Communications 
Specialist - Supervisor positions into the 1998 Special Plan. 
COMMITTEE AMENDMENT 
~· ~,· 
COMMITTEE AMENDMENT "A "to H.P. 607, L.D. 833 
CONSOLIDATED EMERGENCY 
COMMUNICATIONS FUND 
Personal Services 
CONSOLIDATED EMERGENCY 
COMMUNICATIONS FUND TOTAL 
2019-20 
2020-21 
$0 
$91,838 
$0 
$91,838 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill. The 
amendment allows emergency communications specialists in the employment of the 
Department of Public Safety to elect to participate in the 1998 Special Plan of the Maine 
Public Employees Retirement System. Under that plan, a person may retire at 55 years of 
age with 10 years of creditable service or may retire before 55 years of age with 25 years 
of creditable service. 
The amendment also adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/29/19 frae 
LD833 
LR1420(02) 
An Act To Provide the Same Retirement Benefits for State Employees Working in Law Enforcement 
as Are Provided to Law Enforcement Officers 
Fiscal Note for Bill as Amended by Committee Amendment ',!'.(• { f,{- Y 9 
~ ) 
Committee: Labor and Housing 
Appropriations/ Allocations 
Consolidated Emergency 
Communications Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2019-20 
FY2020-21 
$0 
$91,838 
Projections 
FY2021-22 
$95,052 
Projections 
FY2022-23 
$98,379 
Allowing emergency communications specialists (including employees in a lead or supervisory position) employed 
within the Department of Public Safety on or after July 1, 2020 to participate in the 1998 Special Plan of the Maine 
' 
Public Employees Retirement System will increase both the normal cost and unfunded actuarial liability components 
of the employer retirement rate, resulting in increased employer contributions to the Maine Public Employees 
Retirement System for these positions beginning in fiscal year 2020-21. 
This legislation includes a transition provision for those emergency communication specialists hired by the 
department prior to July 1, 2020 which allows these employees to elect to participate in the 1998 Special Plan no 
later than September 30, 2020. Based on an analysis performed by the Maine Public Employees Retirement System, 
this fiscal note assumes that 42 emergency communication specialists (including those employees in a lead or a 
supervisory position) will elect to participate in the 1998 Special Plan as soon as the option becomes available and 
the remaining specialists will opt to stay in the State Regular Plan. This bill includes a Consolidated Emergency 
Communications Fund allocation of $91,838 in fiscal year 2020-21 to the Department of Public Safety for the cost 
associated with moving the positions to the 1998 Special Plan. 
If any of the emergency communications specialists hired by the Depatiment of Public Safety prior to July 1, 2020 
who choose to remain in the State Regular Plan eventually retire or otherwise vacate their positions, any newly hired 
emergency communication specialists will be placed in the 1998 Special Plan. The additional cost to the Bureau of 
Motor Vehicles to fill these positions at the higher employer contribution rate is estimated to be between $2,000 and 
$3,000 per position annually. When this additional cost will be incurred cannot be determined at this time. 
LR1420(02) - Fiscal Note - Page 1 of 1