An Act To Address Employee Retention at the Maine State Police Crime Laboratory and the Computer Crimes Unit in the Department of Public Safety
Maine Legislature, Session 130, LD 1808
Committee: Labor and Housing
Sponsors: DIAMOND, COLLINGS, HICKMAN, POULIOT, MORRIS

Legislative Document
No. 1808
S.P. 635
In Senate, December 17, 2021
An Act To Address Employee Retention at the Maine State Police 
Crime Laboratory and the Computer Crimes Unit in the 
Department of Public Safety
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 15, 2021.  Referred to the Committee 
on Labor and Housing pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DIAMOND of Cumberland.
Cosponsored by Representative COLLINGS of Portland and
Senators: HICKMAN of Kennebec, POULIOT of Kennebec, Representative: MORRIS of 
Turner.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation must take effect as soon as possible to help retain employees 
affected by Public Law 2021, chapter 474, which specifies that employees' retirement 
benefits prior to switching to the 1998 Special Plan are calculated under the old plan and 
not the 1998 Special Plan; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Computation of service retirement benefits for certain employees of 
the Department of Public Safety, Maine State Police Crime Laboratory and 
computer crimes unit.  Notwithstanding the Maine Revised Statutes, Title 5, section 
17851-A, subsection 4 or any other provision of law to the contrary, the service retirement 
benefit of a qualified member must be computed on the basis of all of the qualified 
member's creditable service in the capacity specified in Title 5, section 17851-A, 
subsection 1, paragraph Q, regardless of when that creditable service was earned, except 
that for a member qualifying for a retirement benefit under Title 5, section 17851-A, 
subsection 2, paragraph B:
1.  If the member had 10 years of creditable service on July 1, 1993, the benefit must 
be reduced as provided in Title 5, 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 55 years of 
age. 
Sec. 2. Qualified member; definition. As used in this Act, "qualified member" 
means a member on the effective date of this Act to whom the Maine Revised Statutes, 
Title 5, section 17851-A, subsection 1, paragraph Q applies and who was employed by the 
Department of Public Safety, Maine State Police Crime Laboratory or computer crimes 
unit prior to October 1, 2021. 
As used in this Act, the terms "creditable service," "member" and "retirement benefit" 
have the same meanings as in Title 5, section 17001.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires that service retirement benefits for employees of the Department of 
Public Safety, Maine State Police Crime Laboratory and computer crimes unit included in 
the 1998 Special Plan be computed on the same basis as are benefits for other members 
under the plan; creditable service is included regardless of when that service was earned.