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”
Maine Legislature, Session 129, LD 1659
Committee Amendment CA_A_S475 (Senate)
Amends: 5 MRSA §17851-A

COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659, Bill, “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”
Amend the bill by striking out the title and substituting the following:
'An Act To Include Certain Mental Health Workers under the 1998 Special Plan for 
Retirement' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  5 MRSA §17851-A, sub-§1, ¶N, as enacted by PL 2019, c. 541, §4, is 
reallocated to 5 MRSA §17851-A, sub-§1, ¶O.
Sec. 2.  5 MRSA §17851-A, sub-§1, ¶N, as enacted by PL 2019, c. 542, §3, is 
reallocated to 5 MRSA §17851-A, sub-§1, ¶P.
Sec. 3.  5 MRSA §17851-A, sub-§1, ¶Q is enacted to read:
Q.  Persons in the employment of the Department of Health and Human Services on 
March 1, 2021 or hired thereafter who have responsibility for providing direct care to 
persons in need of mental health services in a community-based or residential setting 
or to residents or patients of mental health institutions in this State. For purposes of 
this paragraph, "direct care" means services or treatment essential to a person's 
security, health or well-being, except for case management services.
Sec. 4.  5 MRSA §17851-A, sub-§2, as amended by PL 2019, c. 537, §4; c. 541, 
§5; and c. 542, §4, is repealed and the following enacted in its place:
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 
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
subsection 1, paragraph M; after June 30, 2020 for employees identified in subsection 1, 
paragraphs N to P; after February 28, 2021 for employees identified in subsection 1, 
paragraph Q; 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. 5.  5 MRSA §17851-A, sub-§3, ¶A, as amended by PL 2019, c. 537, §5; c. 
541, §6; and c. 542, §5, is further amended by repealing subparagraph (1) and enacting 
the following in its place:
(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; 
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, paragraphs N 
to P 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, M and Q regardless of when performed; and
Sec. 6.  5 MRSA §17851-A, sub-§4, ¶A, as amended by PL 2019, c. 537, §6; c. 
541, §7; and c. 542, §6, is repealed and the following enacted in its place:
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; after June 
30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020 
for employees identified in subsection 1, paragraphs N to P; and after February 28, 
2021 for employees identified in subsection 1, paragraph Q; 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; after June 30, 2002 for employees identified in subsection 1, paragraph 
M; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; 
and after February 28, 2021 for employees identified in subsection 1, paragraph Q; or 
if service credit was purchased by other than the repayment of an earlier refund and 
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
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; after June 
30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020 
for employees identified in subsection 1, paragraphs N to P; and after February 28, 
2021 for employees identified in subsection 1, paragraph Q, 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. 7.  5 MRSA §17851-A, sub-§4, ¶B, as amended by PL 2019, c. 537, §7; c. 
541, §8; and c. 542, §7, is repealed and the following enacted in its place:
B.  Except as provided in paragraphs D, E, F and G, 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; before July 1, 2002 for employees identified in subsection 1, paragraph 
M; before July 1, 2020 for employees identified in subsection 1, paragraphs N to P; 
and before March 1, 2021 for employees identified in subsection 1, paragraph Q 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; after June 
30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020 
for employees identified in subsection 1, paragraphs N to P; and after February 28, 
2021 for employees identified in subsection 1, paragraph Q, 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; before July 1, 2002 for employees identified in subsection 1, 
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
paragraph M; before July 1, 2020 for employees identified in subsection 1, 
paragraphs N to P; and before March 1, 2021 for employees identified in 
subsection 1, paragraph Q 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; before July 1, 2002 for 
employees identified in subsection 1, paragraph M; before July 1, 2020 for 
employees identified in subsection 1, paragraphs N to P; and before March 1, 
2021 for employees identified in subsection 1, paragraph Q 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; before 
July 1, 2002 for employees identified in subsection 1, paragraph M; before July 
1, 2020 for employees identified in subsection 1, paragraphs N to P; and before 
March 1, 2021 for employees identified in subsection 1, paragraph Q, 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; after June 30, 2002 for employees identified in 
subsection 1, paragraph M; after June 30, 2020 for employees identified in 
subsection 1, paragraphs N to P; and after February 28, 2021 for employees 
identified in subsection 1, paragraph Q 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; after June 30, 2002 for employees identified in subsection 1, paragraph M; 
after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; 
and after February 28, 2021 for employees identified in subsection 1, paragraph 
Q 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 
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
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; after June 30, 
2002 for employees identified in subsection 1, paragraph M; after June 30, 2020 
for employees identified in subsection 1, paragraphs N to P; and after February 
28, 2021 for employees identified in subsection 1, paragraph Q 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. 8.  5 MRSA §17851-A, sub-§4, ¶G is enacted to read:
G.  The service retirement benefit of a member to whom subsection 1, paragraph Q 
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 Q, 
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. 9.  5 MRSA §17851-A, sub-§5, as amended by PL 2019, c. 537, §8; c. 541, 
§9; and c. 542, §8, is repealed and the following enacted in its place:
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; after June 30, 2002 for employees identified in subsection 1, paragraph M; 
after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; and  for 
employees identified in subsection 1, paragraph Q, 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 
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
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, as enacted by PL 2019, c. 541, §10, is 
amended 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 O 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 O, 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.  Transition.  If an employee described in the Maine Revised Statutes, Title 
5, section 17851-A, subsection 1, paragraph Q who is employed on March 1, 2021 elects 
to participate in the 1998 Special Plan of the Maine Public Employees Retirement 
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
System, as provided in Title 5, section 17851-A, subsection 1, that employee must make 
that election no later than June 30, 2021 and that employee's participation in the 1998 
Special Plan becomes effective July 1, 2021.
Sec. 12.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Crisis Outreach Program Z216
Initiative: Provides ongoing funds for the costs associated with the increase in the 
employer's contribution rates for the normal cost and unfunded actuarial liability as a 
result of certain employees within the Department of Health and Human Services being 
allowed to participate in the 1998 Special Plan effective March 1, 2021.
Dorothea Dix Psychiatric Center Z222
Initiative: Provides an allocation for the costs associated with the increase in the 
employer's contribution rates for the normal cost and unfunded actuarial liability as a 
result of certain employees within the Department of Health and Human Services being 
allowed to participate in the 1998 Special Plan effective March 1, 2021.
Riverview Psychiatric Center Z219
Initiative: Provides an allocation for the costs associated with the increase in the 
employer's contribution rates for the normal cost and unfunded actuarial liability as a 
result of certain employees within the Department of Health and Human Services being 
allowed to participate in the 1998 Special Plan effective March 1, 2021.
Riverview Psychiatric Center Z219
GENERAL FUND
2019-20
2020-21
Personal Services
$0
$3,681
GENERAL FUND TOTAL
$0
$3,681
OTHER SPECIAL REVENUE FUNDS
2019-20
2020-21
Personal Services
$0
$39,126
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$39,126
OTHER SPECIAL REVENUE FUNDS
2019-20
2020-21
Personal Services
$0
$18,093
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$18,093
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
Initiative: Provides ongoing funds for the costs associated with the increase in the 
employer's contribution rates for the normal cost and unfunded actuarial liability as a 
result of certain employees within the Department of Health and Human Services being 
allowed to participate in the 1998 Special Plan effective March 1, 2021.
RETIREMENT SYSTEM, MAINE PUBLIC EMPLOYEES
Retirement System - Retirement Allowance Fund 0085
Initiative: Provides one-time funds for the increase in the unfunded actuarial liability as a 
result of allowing the service retirement benefits for certain employees within the 
Department of Health and Human Services earned under the regular state employee and 
teacher plan to be calculated under the 1998 Special Plan effective March 1, 2021.
GENERAL FUND
2019-20
2020-21
Personal Services
$0
$1,089
GENERAL FUND TOTAL
$0
$1,089
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS
2019-20
2020-21
GENERAL FUND
$0
$4,770
OTHER SPECIAL REVENUE FUNDS
$0
$57,219
DEPARTMENT TOTAL - ALL FUNDS
$0
$61,989
GENERAL FUND
2019-20
2020-21
All Other
$0
$3,945,571
GENERAL FUND TOTAL
$0
$3,945,571
RETIREMENT SYSTEM, MAINE PUBLIC 
EMPLOYEES
DEPARTMENT TOTALS
2019-20
2020-21
GENERAL FUND
$0
$3,945,571
DEPARTMENT TOTAL - ALL FUNDS
$0
$3,945,571
COMMITTEE AMENDMENT “      ” to S.P. 536, L.D. 1659
COMMITTEE AMENDMENT
' 
SUMMARY
This amendment replaces the bill and is the majority report of the committee.  It adds 
employees employed on March 1, 2021 and hired thereafter who provide direct care to 
persons in need of mental health services in a community-based or residential setting or 
to residents or patients of mental health institutions in this State to the 1998 Special Plan 
for certain Maine Public Employees Retirement System members.
This amendment also resolves a conflict created when 3 public laws enacted a new 
paragraph with the same paragraph letter in the Maine Revised Statutes, Title 5, section 
17851-A, subsection 1 by reallocating 2 of the paragraphs and fixing all the cross-
references to reflect those reallocations.
FISCAL NOTE REQUIRED
(See attached)
SECTION TOTALS
2019-20
2020-21
GENERAL FUND
$0
$3,950,341
OTHER SPECIAL REVENUE FUNDS
$0
$57,219
SECTION TOTAL - ALL FUNDS
$0
$4,007,560
Revised: 07/27/20
LD 1659
LR 808(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
$3,950,341
$182,382
$186,029
Appropriations/Allocations
General Fund
$0
$3,950,341
$182,382
$186,029
Other Special Revenue Funds
$0
$57,219
$1,121,360
$1,143,787
Fiscal Detail and Notes
This legislation adds persons employed in the Department of Health and Human Services (DHHS) on March 1, 2021, 
or hired thereafter, who have a responsibility for providing direct care to persons in need of mental health services in 
a community-based or residential setting or to residents or patients of mental health institutions in this State to the 
1998 Special Plan and allows the service retirement benefits already earned by those employees under the State 
Employee and Teacher program to be calculated under the 1998 Special Plan.  This bill includes General Fund 
appropriations totaling $3,950,341 and Other Special Revenue Funds allocations totaling $57,219 in fiscal year 2020-
for the cost of this provision.
Of the total General Fund appropriations included in the bill, $3,945,571 is provided on a one-time basis to the 
Retirement Allowance Fund within the Maine Public Employees Retirement System for the increase in the unfunded 
actuarial liability created as a result of the retroactive provision in this bill.  Pursuant to the Constitution of Maine, 
Article IX, Section 18-A, unfunded liabilities may not be created except those that result from experience losses. 
General Fund appropriations of $4,770 and Other Special Revenue Funds allocations of $57,219 in fiscal year 2020-
are also provided to various programs within DHHS for the increase in the employer's contribution to the normal 
cost component and unfunded actuarial liability for those employees hired after March 1, 2021.  The ongoing General 
Fund cost of this provision for both employees hired after March 1, 2021 and employees hired by DHHS prior to 
March 1, 2021 that elect to participate in the 1998 Special Plan is estimated to be $182,381 in fiscal year 2021-22 and 
$186,029 in fiscal year 202-23.  Other Special Revenue Funds costs are estimated to be $1,121,360 and $1,143,787 in 
fiscal years 2021-22 and 2022-23, respectively.
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
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Labor and Housing
Fiscal Note Required: Yes
Fiscal Note
LR0808(02) - Fiscal Note - Page 1 of 2
It is important to note that this legislation includes a transition provision for those direct care workers hired by DHHS 
prior to March 1, 2021 which allows these employees to elect to participate in the 1998 Special Plan by July 1, 2021.  
Based on the most current information available, approximately 499 direct care workers will be eligible to make that 
election.  Because no data was available to estimate how many eligible employees may actully choose to participate in 
the 1998 Special Plan, this fiscal note assumes 100% participation.  The actual cost of this provision may be less 
depending on the number of employees that elect to participate in the 1998 Special Plan.
If any of the direct care workers hired by DHHS prior to March 1, 2021 who choose to remain in the regular State 
Employee and Teacher Plan eventually retire or otherwise vacate their positions, any newly hired direct care workers 
will be placed in the 1998 Special Plan.  The additional cost to DHHS to fill these positons 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 and which fund will be impacted cannot be determined at this time.
LR0808(02) - Fiscal Note - Page 2 of 2