An Act To Include Additional Corrections Officers and Mental Health Workers under the 1998 Special Plan for Retirement and To
Maine Legislature, Session 129, LD 1659
Committee: Labor and Housing
Sponsors: JACKSON
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. 1659
S.P. 536
In Senate, April 30, 2019
An Act To Include Additional Corrections Officers and Mental 
Health Workers under the 1998 Special Plan for Retirement and To 
Amend the Laws Governing Retirement Benefits for Capitol Police 
Officers
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
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, former Mountain 
View Youth Development Center, former Charleston Correctional Facility 
and Mountain View 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, former Mountain View Youth Development Center or former 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, former Mountain View Youth Development Center, former Charleston 
Correctional Facility or Mountain View 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, former Mountain 
View Youth Development Center, former Charleston Correctional Facility 
and Mountain View 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, former Mountain View Youth Development Center, former Charleston 
Correctional Facility or Mountain View 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, former Mountain 
View Youth Development Center, former Charleston Correctional Facility 
and Mountain View 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, former Mountain View Youth Development 
Center, former Charleston Correctional Facility or Mountain View 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 2017, c. 148, §1, is further 
amended to read:
11.  Maine State Prison, Maine Correctional Center, Long Creek Youth 
Development Center, Downeast Correctional Facility, former Mountain View Youth 
Development Center, former Charleston Correctional Facility and Mountain View 
Correctional Facility employees.  Except as provided in section 17851-A, the warden 
or, deputy warden of the Maine State Prison, superintendent, assistant superintendent or 
any officer or employee of the Maine State Prison, Maine Correctional Center, Long 
Creek Youth Development Center, Downeast Correctional Facility, former Mountain 
View Youth Development Center, former Charleston Correctional Facility and Mountain 
View 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, former Mountain View Youth 
Development Center, former Charleston Correctional Facility and Mountain View 
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 former 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, former Mountain View Youth Development 
Center, former Charleston Correctional Facility or Mountain View 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-§1, ¶K, as amended by PL 2001, c. 409, §1, is 
further amended to read:
K.  The State Fire Marshal or a state fire marshal investigator or state fire marshal 
inspector in the employment of the Department of Public Safety on January 1, 2000 
or hired thereafter; and
Sec. 7.  5 MRSA §17851-A, sub-§1, ¶L, 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; and
Sec. 8.  5 MRSA §17851-A, sub-§1, ¶M, 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. 9.  5 MRSA §17851-A, sub-§1, ¶N is enacted to read:
N.  Persons in the employment of the Department of Health and Human Services on 
January 1, 2000 or hired thereafter under the office of aging and disability services or 
who provide direct care to wards of the State or in mental health institutions to 
residents or patients of those institutions.  For purposes of this paragraph, "direct 
care" means services or treatment essential to everyday security, health and well-
being.
Sec. 10.  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 
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 J and K; any employee identified in 
subsection 1, paragraph M I; and any employee identified in subsection 1, paragraph 
paragraphs L, M and N, 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. 11.  5 MRSA §17851-A, sub-§3, ¶A, 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; 
and after December 31, 1999 for employees identified in subsection 1, 
paragraphs I to J and K 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 I, L and, M and N 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. 12.  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 J and 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 regardless 
of when earned for employees identified in subsection 1, paragraphs I, M and 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, paragraphs C to H; after December 31, 1999 for employees 
identified in subsection 1, paragraphs I to J and 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 regardless of when purchased for 
employees identified in subsection 1, paragraphs I, M and 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 J and 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 regardless of when achieved 
for employees identified in subsection 1, paragraphs I, M and 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 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. 13.  5 MRSA §17851-A, sub-§4, ¶D, as repealed and replaced by PL 2001, 
c. 409, §5, is further 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, former Mountain View Youth Development Center, former Charleston 
Correctional Facility or Mountain View 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. 14.  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 I, L, 
M or N 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 
I, L, M or N, 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. 15.  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 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 earnable 
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. 16.  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, former Mountain View Youth 
Development Center, former Charleston Correctional Facility and Mountain View 
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 office of aging and disability services and mental 
health workers who work with wards of the State or in mental health institutions within 
the Department of Health and Human Services and employees of the Maine Correctional 
Center, Long Creek Youth Development Center, Downeast Correctional Facility, former 
Mountain View Youth Development Center, former Charleston Correctional Facility and 
Mountain View Correctional Facility to the 1998 Special Plan for certain Maine Public 
Employees Retirement System members and requires that service retirement benefits for 
corrections and mental health workers and Capitol Police officers in the employment of 
the Department of Public Safety included in the 1998 Special Plan be computed on the 
same basis as benefits for other members under the plan are computed; creditable service 
is included regardless of when that service was earned.