An Act To Expand the 1998 Special Retirement Plan To Include Employees Who Work for the Office of Chief Medical Examiner
Maine Legislature, Session 130, LD 1746
Committee: Labor and Housing
Sponsors: HICKMAN
Amends: 5 MRSA §17851-A

Legislative Document
No. 1746
S.P. 601
In Senate, December 2, 2021
An Act To Expand the 1998 Special Retirement Plan To Include 
Employees Who Work for the Office of Chief Medical Examiner
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on November 30, 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 HICKMAN of Kennebec.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, during the First Regular Session of the 130th Legislature, Public Law 2021, 
chapter 474 expanded the 1998 Special Retirement Plan to include civilian employees who 
work for the Department of Public Safety, Maine State Police Crime Laboratory or 
computer crimes unit; and
Whereas, employees of the Office of Chief Medical Examiner within the Department 
of the Attorney General were inadvertently omitted from inclusion in Public Law 2021, 
chapter 474; and
Whereas, employees of the Office of Chief Medical Examiner are responsible for 
working with the bodies of victims of sudden, unexpected and violent deaths, talking with 
and supporting the grieving families of the victims and collecting reports of all missing 
people in Maine; and
Whereas, given the recent uptick in overdose deaths and child deaths in the State, the 
employees of the Office of Chief Medical Examiner are faced with bleak outcomes each 
day; and
Whereas, these employees deserve to be included in the 1998 Special Retirement Plan 
in recognition of their dedication and hard work and so that they are compensated similarly 
to their counterparts; 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.  5 MRSA §17851-A, sub-§1, ¶P, as amended by PL 2021, c. 474, §4, is 
further amended to read:
P.  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; and
Sec. 2.  5 MRSA §17851-A, sub-§1, ¶Q, as enacted by PL 2021, c. 474, §5, is 
amended to read:
Q.  Civilian employees whose job responsibilities include the handling, examination or 
analysis of digital or physical evidence in the employment of the Department of Public 
Safety, Maine State Police Crime Laboratory or computer crimes unit on October 1, 
2021 who elect to participate in the 1998 Special Plan or hired thereafter.; and
Sec. 3.  5 MRSA §17851-A, sub-§1, ¶R is enacted to read:
R.  Employees of the Office of Chief Medical Examiner within the Department of the 
Attorney General on July 1, 2022 who elect to participate in the 1998 Special Plan or 
hired thereafter.
Sec. 4.  5 MRSA §17851-A, sub-§2, as amended by PL 2021, c. 474, §6, 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, 
paragraphs N to P; after September 30, 2021 for employees identified in subsection 1, 
paragraph Q; after June 30, 2022 for employees identified in subsection 1, paragraph R; 
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 2021, c. 474, §7, is 
further amended by amending subparagraph (1) to read:
(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; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; 
and after September 30, 2021 for employees identified in subsection 1, paragraph 
Q; and after June 30, 2022 for employees identified in subsection 1, paragraph R 
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
Sec. 6.  5 MRSA §17851-A, sub-§4, ¶A, as amended by PL 2021, c. 474, §8, is 
further 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; 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 September 30, 
2021 for employees identified in subsection 1, paragraph Q; and after June 30, 2022 
for employees identified in subsection 1, paragraph R; 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 September 
30, 2021 for employees identified in subsection 1, paragraph Q; and after June 30, 2022 
for employees identified in subsection 1, paragraph R; 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; 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 September 30, 2021 for employees identified in 
subsection 1, paragraph Q; and after June 30, 2022 for employees identified in 
subsection 1, paragraph R, 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 2021, c. 474, §9, 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; 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 October 1, 2021 
for employees identified in subsection 1, paragraph Q; and before July 1, 2022 for 
employees identified in subsection 1, paragraph R and some part of the member's 
creditable service in any one or a combination of the capacities specified in subsection 
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 September 30, 2021 for employees identified in 
subsection 1, paragraph Q; and after June 30, 2022 for employees identified in 
subsection 1, paragraph R, 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, paragraph M; 
before July 1, 2020 for employees identified in subsection 1, paragraphs N to P; 
and before October 1, 2021 for employees identified in subsection 1, paragraph Q; 
and before July 1, 2022 for employees identified in subsection 1, paragraph R 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 October 1, 2021 for employees identified in subsection 1, paragraph Q; 
and before July 1, 2022 for employees identified in subsection 1, paragraph R 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 
October 1, 2021 for employees identified in subsection 1, paragraph Q; and before 
July 1, 2022 for employees identified in subsection 1, paragraph R, 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 September 30, 2021 for employees identified in subsection 1, paragraph Q; 
and after June 30, 2022 for employees identified in subsection 1, paragraph R 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 September 30, 
2021 for employees identified in subsection 1, paragraph Q; and after June 30, 
2022 for employees identified in subsection 1, paragraph R 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; 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 September 30, 2021 for employees 
identified in subsection 1, paragraph Q; and after June 30, 2022 for employees 
identified in subsection 1, paragraph R 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 
years of age.
Sec. 8.  5 MRSA §17851-A, sub-§5, as amended by PL 2021, c. 474, §10, 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; 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 
September 30, 2021 for employees identified in subsection 1, paragraph Q; and after June 
30, 2022 for employees identified in subsection 1, paragraph R, 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 an employee in the employment of the Office of Chief Medical 
Examiner within the Department of the Attorney General on July 1, 2022 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 
employee must make that election not later than September 30, 2022 and that employee's 
participation in the 1998 Special Plan becomes effective October 1, 2022.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill allows employees in the employment of the Office of Chief Medical Examiner 
within the Department of the Attorney General to elect to participate in the 1998 Special 
Retirement Plan of the Maine Public Employees Retirement System.  Under that plan, a 
person may retire at a reduced benefit at 55 years of age with 10 years of creditable service 
or before 55 years of age with 25 years of creditable service.