An Act To Create Fairness for Dispatchers in the Maine Public Employees Retirement System
Maine Legislature, Session 129, LD 1395
Committee: Labor and Housing
Sponsors: SYLVESTER, BELLOWS, CARDONE, INGWERSEN, MADIGAN, MELARAGNO, MEYER, RYKERSON, SHEATS
Amends: 5 MRSA §18313, 5 MRSA §18453

Legislative Document
No. 1395
H.P. 1009
House of Representatives, March 26, 2019
An Act To Create Fairness for Dispatchers in the Maine Public 
Employees Retirement System
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: CARDONE of Bangor, INGWERSEN of Arundel, MADIGAN of Waterville, 
McCREA of Fort Fairfield, MELARAGNO of Auburn, MEYER of Eliot, RYKERSON of 
Kittery, SHEATS of Auburn.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §18313 is enacted to read:
§18313.  Dispatchers
1.  Definition.  For the purposes of this chapter, "dispatcher" means a person whose 
primary employment duties consist of any combination of:
A.  Acting as an emergency medical dispatcher as defined by Title 32, section 85-A, 
subsection 1, paragraph D;
B.  Answering, directing or dispatching the response to public safety requests for 
service at a public safety answering point as defined by Title 25, section 2921, 
subsection 7;
C.  Answering, directing or dispatching the response of emergency services for 
municipal fire protection pursuant to Title 30-A, chapter 153; or
D.  Answering, directing or dispatching the response of law enforcement officers as 
defined by Title 25, section 2801-A, subsection 5.
2.  Contribution rate.  Except as provided in subsections 3 and 4, a dispatcher 
employed by a participating local district that provides a special retirement benefit under 
section 18453, subsection 4 or 5 shall contribute to the Participating Local District 
Retirement Program or must have pick-up contributions made by the employer at a rate of 
8% of earnable compensation as long as the person is employed as a dispatcher.
3.  Exception.  A participating local district may elect to reduce the rate of 
contribution set out in subsection 2 to 6.5% of earnable compensation for all dispatchers 
who continue employment after attaining eligibility for retirement during the remainder 
of their employment as dispatchers.
4.  Member contributions to Participating Local District Consolidated 
Retirement Plan.     The board may establish by rule the rate at which dispatchers who 
participate in the consolidated plan described in chapter 427 contribute to that plan. Rules 
adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, 
subchapter 2-A.
Sec. 2.  5 MRSA §18453, sub-§2, as amended by PL 2013, c. 602, Pt. B, §2, is 
further amended to read:
2.  Employee Special Plan #2. A retirement benefit to police officers, firefighters, 
sheriffs, full-time deputy sheriffs, county corrections employees, dispatchers, emergency 
medical services persons as defined in Title 32, section 83, subsection 12, including but 
not limited to first responders, emergency medical technicians, advanced emergency 
medical technicians and paramedics, or any other participating local district employees 
who have completed 20 to 25 years of creditable service, the number of years to be 
selected by the participating local district.  For the purposes of this subsection, "county 
corrections employees" means employees of the county who are employed at a county jail 
and whose duties include contact with prisoners or juvenile detainees.  The benefits must 
be computed as follows: 
A.  Except as provided in paragraph B, 1/2 of the member's average final 
compensation; or
B.  If the member's benefit would be greater, the part of the service retirement benefit 
based upon membership service before July 1, 1977, is determined, on a pro rata 
basis, on the member's current annual salary on the date of retirement or current final 
compensation, whichever is greater, and the part of the service retirement benefit 
based upon membership service after June 30, 1977, is determined in accordance 
with paragraph A.
Sec. 3.  5 MRSA §18453, sub-§3, as amended by PL 2013, c. 602, Pt. B, §3, is 
further amended to read:
3.  Firefighter, Emergency Medical Services Person and Dispatcher Special Plan 
#1. A retirement benefit equal to 1/2 of the member's average final compensation to a 
firefighter, including the chief of a fire department, and a dispatcher or an emergency 
medical services person as defined in Title 32, section 83, subsection 12, including but 
not limited to a first responder, emergency medical technician, advanced emergency 
medical technician and paramedic, who has completed at least 25 years of creditable 
service in that capacity and who retires upon or after reaching age 55.
Sec. 4.  5 MRSA §18453, sub-§4, as amended by PL 2013, c. 602, Pt. B, §4, is 
further amended to read:
4.  Firefighter, Emergency Medical Services Person and Dispatcher Special Plan 
#2.  A retirement benefit to a firefighter, including the chief of a fire department, and a 
dispatcher or an emergency medical services person as defined in Title 32, section 83, 
subsection 12, including but not limited to a first responder, emergency medical 
technician, advanced emergency medical technician and paramedic, who has completed 
at least 25 years of creditable service in that capacity and who retires upon or after 
reaching age 55. The benefits shall must be computed as follows: 
A.  Except as provided in paragraph B, 2/3 of the member's average final 
compensation; or
B.  If the member's benefit would be greater, the part of the service retirement benefit 
based upon membership service before July 1, 1977, is determined, on a pro rata 
basis, on the member's current final compensation and the part of the service 
retirement benefit based upon membership service after June 30, 1977, is determined 
in accordance with paragraph A.
Sec. 5.  5 MRSA §18453, sub-§5, as amended by PL 2013, c. 602, Pt. B, §5, is 
further amended to read:
5.  Firefighter, Emergency Medical Services Person and Dispatcher Special Plan 
#3. A retirement benefit to a firefighter, including the chief of a fire department, and a 
dispatcher or an emergency medical services person as defined in Title 32, section 83, 
subsection 12, including but not limited to a first responder, emergency medical 
technician, advanced emergency medical technician and paramedic, who has completed 
to 25 years of creditable service in that capacity, the number of years to be selected by 
the participating local district, and who retires at any age. The benefits shall must be 
computed as follows: 
A.  Except as provided under paragraph B, 2/3 of the member's average final 
compensation; or
B.  If the member's benefit would be greater, the part of the service retirement benefit 
based upon membership service before July 1, 1977, is determined, on a pro rata 
basis, on the member's current final compensation and the part of the service 
retirement benefit based upon membership service after June 30, 1977, is determined 
in accordance with paragraph A.
SUMMARY
This bill adds dispatchers to the categories of participating local district employees 
for which a special retirement plan is available.  Participating local districts that elect to 
cover their dispatchers by a more favorable special plan are responsible for the payment 
of any increased employer costs associated with such an election.  Depending upon the 
plan that is elected, dispatchers may also pay an increased member contribution rate for 
participation in the more favorable special plan.