An Act To Expand the 1998 Special Retirement Plan To Include Detectives in the Office of the Attorney General
Maine Legislature, Session 129, LD 1208
Committee: Labor and Housing
Sponsors: NADEAU, CYRWAY, CAMPBELL, DOORE, HARRINGTON, PICKETT, SKOLFIELD, TUCKER
Amends: 5 MRSA §17851-A

Legislative Document
No. 1208
H.P. 872
House of Representatives, March 12, 2019
An Act To Expand the 1998 Special Retirement Plan To Include 
Detectives in the Office of the Attorney General
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-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. 2.  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. 3.  5 MRSA §17851-A, sub-§1, ¶N is enacted to read:
N.  Detectives in the employment of the Office of the Attorney General on July 1, 
2020 who elect to participate in the 1998 Special Plan or hired thereafter.
Sec. 4.  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. 5.  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. 6.  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. 7.  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. 8.  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. 9.  Transition.  If a detective in the employment of the Office of the Attorney 
General 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 Office of the Attorney General 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.