An Act To Modify Retirement Plans for Fire Investigators and Sergeants
Maine Legislature, Session 129, LD 1480
Committee: Labor and Housing
Sponsors: HARRINGTON, BELLOWS, CEBRA, KESCHL, MORRIS, NADEAU, THERIAULT, WADSWORTH, SANBORN, WOODSOME
Amends: 5 MRSA §17851, 5 MRSA §17852

Legislative Document
No. 1480
H.P. 1082
House of Representatives, April 4, 2019
An Act To Modify Retirement Plans for Fire Investigators and 
Sergeants
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HARRINGTON of Sanford.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: CEBRA of Naples, KESCHL of Belgrade, MORRIS of Turner, NADEAU of 
Winslow, THERIAULT of China, WADSWORTH of Hiram, Senators: SANBORN, L. of 
Cumberland, WOODSOME of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17851, sub-§13, as amended by PL 1999, c. 493, §3, is further 
amended to read:
13.  Fire marshals; option.  Except as provided in section 17851-A, a state fire 
marshal, state fire marshal investigator or state fire marshal inspector qualifies for a 
service retirement benefit upon reaching 55 years of age after completing at least 25 years 
of creditable service in that capacity if notice of election of the option and payment of 
employee contributions and actuarial costs are made as provided in section 17852, 
subsection 13.
A.  Except as provided in section 17851-A, a state fire marshal investigator, state fire 
marshal senior investigator or state fire marshal sergeant qualifies for a service 
retirement benefit after completing at least 20 years of creditable service in that 
capacity.
Sec. 2.  5 MRSA §17852, sub-§1, ¶¶B and C, as amended by PL 2011, c. 380, 
Pt. T, §17, are further amended to read:
B.  The total amount of the service retirement benefit of any member qualifying 
under section 17851, subsection 1-B, 1-C, 1-D or 1-E who became a member before 
July 1, 1947, and for whom the date of establishment of the retirement system is July 
1, 1942, must be at least equal to 1/2 of the member's average final compensation, if 
the member has at least 20 years of total creditable service, including at least 13 years 
of prior service if the member retires upon or after reaching age 70; or
C.  Effective October 1, 1999, for a member who, on October 1, 1999 or thereafter, 
meets the creditable service requirement for eligibility to receive a service retirement 
benefit, at the applicable age if so required, under section 17851, subsection 1-B; 
section 17851, subsection 1-C, paragraph A; section 17851, subsection 1-C, 
paragraph B; section 17851, subsection 1-D; section 17851, subsection 1-E; section 
17851, subsection  2-B; section 17851, subsection 2-C, paragraph A; section 17851, 
subsection 2-C, paragraph B; section 17851, subsection 2-D; or section 17851, 
subsection 2-E, the factors specified in paragraphs A and B may not be changed, 
alone or in combination.; or
Sec. 3.  5 MRSA §17852, sub-§1, ¶D is enacted to read:
D.  One-fortieth of the member's average final compensation multiplied by the 
number of years of membership service for up to 20 years and one-fiftieth for 
additional years.  Membership service under this paragraph does not include 
creditable service under the Legislative Retirement Program.
Sec. 4.  5 MRSA §17852, sub-§13, ¶A, as amended by PL 2007, c. 491, §169, is 
further amended to read:
A.  The person was first employed as a fire marshal on or after October 1, 1997, 
elects the option provided in section 17851, subsection 13 and pays to the State 
Employee and Teacher Retirement Program an increased employee payroll 
contribution in an amount that equals the full actuarial cost of electing that option; or
Sec. 5.  5 MRSA §17852, sub-§13, ¶B, as amended by PL 2007, c. 491, §170, is 
further amended to read:
B.  The person was first employed as a fire marshal before October 1, 1997, elects the 
option provided in section 17851, subsection 13 and pays to the State Employee and 
Teacher Retirement Program a single payment or periodic payments of a lump sum or 
a combination of single and periodic payments of that amount that equals the full 
actuarial cost of electing that option for service before that date.; or
Sec. 6.  5 MRSA §17852, sub-§13, ¶C is enacted to read:
C.  Except as provided in section 17851-A, the retirement benefit of a person who 
qualifies under section 17851, subsection 13, paragraph A and who retires after 
completing 20 years of creditable service is computed in accordance with subsection 
1, paragraph D.
Sec. 7.  5 MRSA §17852, sub-§14, ¶C is enacted to read:
C.  This subsection does not apply to members qualifying for benefits under section 
17851, subsection 13, paragraph A.
SUMMARY
This bill changes the eligibility requirements for the retirement of a state fire marshal 
investigator, state fire marshal senior investigator and state fire marshal sergeant under 
the Maine Public Employees Retirement System from 55 years of age and 25 years of 
creditable service to just 20 years of creditable service.