An Act To Improve Recruitment and Retention in State Law Enforcement by Offering Retirement Service Credit and To Improve Retirement Benefits for Veterans of the Cold War
Maine Legislature, Session 129, LD 1400
Committee: Labor and Housing
Sponsors: HARRINGTON, AUSTIN, PERKINS
Amends: 5 MRSA §17760, 5 MRSA §17767, 5 MRSA §18360, 5 MRSA §18363

Legislative Document
No. 1400
H.P. 1015
House of Representatives, March 26, 2019
An Act To Improve Recruitment and Retention in State Law 
Enforcement by Offering Retirement Service Credit and To 
Improve Retirement Benefits for Veterans of the Cold War
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HARRINGTON of Sanford.
Cosponsored by Representatives: AUSTIN of Gray, PERKINS of Oakland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17760, sub-§3, ¶C, as enacted by PL 2003, c. 693, §3, is 
amended to read:
C.  For purposes of this subsection, "federally recognized period of conflict" means 
World War I, April 6, 1917 to November 11, 1918 or to March 31, 1920 if service 
was in Russia; World War II, December 7, 1941 to December 31, 1946; the Cold 
War, January 1, 1947 to December 27, 1991; the Korean Conflict, June 27, 1950 to 
January 31, 1955; the Vietnam War, August 5, 1964 to May 7, 1975 and the period 
beginning on February 28, 1961 and ending on May 7, 1975 in the case of a veteran 
who served in the Republic of Vietnam during that period; and the Persian Gulf War, 
August 7, 1990 to the date that the United States Government recognizes as the end 
of the Persian Gulf War.
Sec. 2.  5 MRSA §17767 is enacted to read:
§17767.  Law enforcement service
Service credit for service in law enforcement is governed as follows.
1.  Service before becoming member.  A member who served as a full-time law 
enforcement officer with a federal, state, county or local law enforcement agency before 
becoming a member is entitled under this subsection to purchase service credit for the 
period of time that the member served as a law enforcement officer by complying with 
the terms and conditions of this subsection and the applicable provisions of subsection 2.  
Service credit under this section is limited to 4 years.
2.  Members qualified for credit at subsidized cost.  A member qualified under 
subsection 1 to purchase service credit at the cost set forth in this subsection is entitled to 
service credit upon payment of back contributions in accordance with section 17713, 
subsection 2.  Upon complete payment of back contributions, the member must be 
granted service credit for the period of time for which payment is made.  Upon making 
partial payment, the member must be granted service credit on a pro rata basis in 
accordance with rules adopted by the board.
Sec. 3.  5 MRSA §18360, sub-§2, ¶E, as amended by PL 2007, c. 249, §29, is 
further amended to read:
E.  Except as provided in paragraph I, a member who served in the armed forces 
during any federally recognized period of conflict, is entitled to service credit under 
this subsection.  For purposes of this paragraph, "federally recognized period of 
conflict" means World War I, April 6, 1917 to November 11, 1918 or to March 31, 
1920 if service was in Russia; World War II, December 7, 1941 to December 31, 
1946; the Cold War, January 1, 1947 to December 27, 1991; the Korean Conflict, 
June 27, 1950 to January 31, 1955; the Vietnam War, August 5, 1964 to May 7, 1975 
and the period beginning on February 28, 1961 and ending on May 7, 1975 in the 
case of a veteran who served in the Republic of Vietnam during that period; and the 
Persian Gulf War, August 7, 1990 to the date that the United States Government 
recognizes as the end of the Persian Gulf War.
Sec. 4.  5 MRSA §18363 is enacted to read:
§18363.  Law enforcement service
Service credit for service in law enforcement is governed as follows.
1.  Service before becoming member.  A member who served as a full-time law 
enforcement officer with a federal, state, county or local law enforcement agency before 
becoming a member is entitled under this subsection to purchase service credit for the 
period of time that the member served as a law enforcement officer by complying with 
the terms and conditions of this subsection and the applicable provisions of subsection 2.  
Service credit under this section is limited to 4 years.
2.  Members qualified for credit at subsidized cost.  A member qualified under 
subsection 1 to purchase service credit at the cost set forth in this subsection is entitled to 
service credit upon payment of back contributions in accordance with section 18311.  
Upon complete payment of back contributions, the member must be granted service 
credit for the period of time for which payment is made.  Upon making partial payment, 
the member must be granted service credit on a pro rata basis in accordance with rules 
adopted by the board.
SUMMARY
This bill allows a member of the State Employee and Teacher Retirement Program or 
the Participating Local District Retirement Program to purchase up to 4 years of service 
credit for time served as a full-time law enforcement officer prior to membership.
It also allows a member of either program who served as a full-time active duty 
member of the United States Armed Forces during the Cold War, measured from January 
1, 1947 to December 27, 1991, before becoming a member and who separated from the 
armed forces under conditions other than dishonorable to purchase service credit.  This 
service credit is capped at 4 years for members of the State Employee and Teacher 
Retirement Program and 5 years for members of the Participating Local District 
Retirement Program.