An Act To Expand the 1998 Special Retirement Plan To Include Detectives in the Office of Investigations within the Department of the Secretary of State, Bureau of Motor Vehicles
Maine Legislature, Session 129, LD 1207
Committee: Labor and Housing
Sponsors: NADEAU, CYRWAY, CAMPBELL, DOORE, HARRINGTON, PICKETT, SKOLFIELD, TUCKER
Amends: 5 MRSA §17851, 5 MRSA §17851-A, 5 MRSA §17852

Legislative Document
No. 1207
H.P. 871
House of Representatives, March 12, 2019
An Act To Expand the 1998 Special Retirement Plan To Include 
Detectives in the Office of Investigations within the Department of 
the Secretary of State, Bureau of Motor Vehicles
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative NADEAU of Winslow.
Cosponsored by Senator CYRWAY of Kennebec and
Representatives: CAMPBELL of Orrington, DOORE of Augusta, HARRINGTON of Sanford, 
PICKETT of Dixfield, SKOLFIELD of Weld, TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17851, sub-§14, as amended by PL 2017, c. 229, §2, is further 
amended to read:
14.  Motor vehicle detectives; option.  A Except as provided in section 17851-A, a 
motor vehicle detective, senior motor vehicle detective, principal motor vehicle detective 
or chief motor vehicle detective qualifies for a service retirement benefit upon reaching 
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 15.
Sec. 2.  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. 3.  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. 4.  5 MRSA §17851-A, sub-§1, ¶N is enacted to read:
N.  Detectives in the employment of the office of investigations within the 
Department of the Secretary of State, Bureau of Motor Vehicles on July 1, 2020 who 
elect to participate in the 1998 Special Plan or hired thereafter.
Sec. 5.  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 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 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. 6.  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 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 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. 7.  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 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, 
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; 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 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 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. 8.  5 MRSA §17851-A, sub-§4, ¶B, 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; and 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; 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, 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 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; and 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; and 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; and 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; 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 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; 
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 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 
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 1, 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 55 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. 9.  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 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. 10.  5 MRSA §17851-A, sub-§6-B is enacted to read:
6-B.  Consequences of participation in retirement plan under section 17851, 
subsection 14.  A member in the capacity specified in subsection 1, paragraph N who, 
prior to July 1, 2020, elected the retirement option provided in section 17851, subsection 
is treated as follows under the 1998 Special Plan.
A.  A member who made the election at the time of first employment in a position 
covered under section 17851, subsection 14 is considered to be a member under the 
1998 Special Plan as of the date of hire. Beginning July 1, 2020, a member covered 
by this paragraph shall contribute to the State Employee and Teacher Retirement 
Program or have pick-up contributions made at a rate of 8.65% of earnable 
compensation until completion of 25 years of creditable service and shall contribute 
at a rate of 7.65% thereafter.
B.  A member who was serving in a position covered under section 17851, subsection 
at the time of the election and who elected to participate in the retirement option 
prospectively from the time of election is considered to be a member under the 1998 
Special Plan as of the effective date of the election. Beginning July 1, 2020, a 
member covered by this paragraph shall contribute to the State Employee and 
Teacher Retirement Program or have pick-up contributions made at a rate of 8.65% 
of earnable compensation until completion of 25 years of creditable service and shall 
contribute at a rate of 7.65% thereafter.
C.  A member who was serving in a position covered under section 17851, subsection 
at the time of the election and who elected to participate in the retirement option 
prospectively from the time of election and also elected to purchase credit for service 
earned while serving in the same capacity before exercising the election is considered 
to be a member under the 1998 Special Plan as of the beginning date of the service 
for which credit is purchased, as long as all of the payments required under section 
17852, subsection 15 are made before retirement. If all the required payments are not 
made before retirement, that member is considered to be a member under the 1998 
Special Plan as of the effective date of the election. Beginning July 1, 2020, for 
employees identified in subsection 1, paragraph N, a member covered by this 
paragraph shall contribute to the State Employee and Teacher Retirement Program or 
have pick-up contributions made at a rate of 8.65% of earnable compensation until 
completion of 25 years of creditable service and shall contribute at a rate of 7.65% 
thereafter.
Employee contributions and actuarial and administrative costs paid to the State Employee 
and Teacher Retirement Program by a member covered by this subsection may not be 
returned to that member, except that these employee contributions may be refunded to a 
member who terminates service and requests a refund under section 17705-A.
Sec. 11.  5 MRSA §17852, sub-§15, as amended by PL 2017, c. 229, §3, is 
further amended to read:
15.  Motor vehicle detectives; option.  The Except as provided in section 17851-A, 
the retirement benefit of a person who qualifies under section 17851, subsection 14 and 
who retires upon or after reaching 55 years of age is computed in accordance with 
subsection 1 if:
A.  The person was first employed as a motor vehicle investigator or a motor vehicle 
detective on or after October 1, 1997, elects the option provided in section 17851, 
subsection 14 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
B.  The person was first employed as a motor vehicle investigator detective before 
October 1, 1997, elects the option provided in section 17851, subsection 14 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.
A person who requests calculation of the full actuarial cost, regardless of whether the 
person elects the option, must pay to the retirement system by a single lump sum payment 
the reasonable administrative costs of determining the full actuarial costs.  Payment of the 
full actuarial cost related to service on or after October 1, 1997 is made as part of the 
employee payroll contribution.
For the purposes of this subsection, "full actuarial cost" means that the person's payment 
or payments must fully offset any unfunded liability that would or does result from 
retirement under the option provided in section 17851, subsection 14 and must fully fund 
the cost of the person's retirement prior to normal retirement age so that an additional 
employer contribution is not required.
A person who makes the election provided in section 17851, subsection 14 at any time 
after the date on which the person is first employed as a motor vehicle investigator or a 
motor vehicle detective must include interest, at a rate to be set by the board not to exceed 
regular interest by 5 or more percentage points, applied as of the date on which the person 
was first employed in that capacity to the contributions the person would have paid or had 
picked up by the employer had the person elected that option at the date of first 
employment.
This subsection takes effect October 1, 1997.  Election to retire under this subsection is a 
one-time irrevocable election.  A person who was first employed as a motor vehicle 
investigator or a motor vehicle detective on or after October 1, 1997 must make the 
election no later than 90 days after the date of first employment.  A person who was first 
employed in that capacity before October 1, 1997 must make the election no later than 
January 1, 1998.
Sec. 12.  5 MRSA §17852, sub-§16, as amended by PL 2017, c. 229, §4, is 
further amended to read:
16.  Motor vehicle detectives exercising option; retirement before 55 years of 
age.  For Except as provided in section 17851-A, for a person exercising the option 
provided in section 17851, subsection 14 who makes the payments required in subsection 
and who retires before reaching 55 years of age, the retirement benefit is determined 
as follows.
A.  For members with 10 years of creditable service on July 1, 1993, 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 55 years of age 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 
are used.
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 6 and Public Law 1991, chapter 
591, Part BB and chapter 780, Part VV; 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.
B.  For members who do not have 10 years of creditable service on July 1, 1993, the 
retirement benefit is determined in accordance with subsection 1, except that the 
benefit is reduced by 6% for each year that the person's age precedes 55 years of age.
Sec. 13.  Transition.  If a detective in the employment of the office of 
investigations within the Department of the Secretary of State, Bureau of Motor Vehicles 
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, that detective must make that election not later than 180 
days after the effective date of this Act.
SUMMARY
This bill allows detectives in the employment of the office of investigations within 
the Department of the Secretary of State, Bureau of Motor Vehicles 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 and at a reduced benefit.