An Act To Include Certain Mental Health Workers under the 1998 Special Plan for Retirement
Maine Legislature, Session 130, LD 1041
Committee: Labor and Housing
Sponsors: JACKSON
Amends: 5 MRSA §17851-A

Legislative Document
No. 1041
S.P. 331
In Senate, March 10, 2021
An Act To Include Certain Mental Health Workers under the 1998 
Special Plan for Retirement
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17851-A, sub-§1, ¶K, as amended by PL 2019, c. 482, §1, is 
further amended to read:
K.  The State Fire Marshal or a state fire marshal inspector in the employment of the 
Department of Public Safety on January 1, 2000 or hired thereafter or, until June 30, 
2020, a state fire marshal investigator in the employment of the Department of Public 
Safety on January 1, 2000 or hired thereafter; and
Sec. 2.  5 MRSA §17851-A, sub-§1, ¶N, as enacted by PL 2019, c. 537, §3, is 
amended to read:
N.  Emergency communications specialists in the employment of the Department of 
Public Safety on July 1, 2020 who elect to participate in the 1998 Special Plan or hired 
thereafter.;
Sec. 3.  5 MRSA §17851-A, sub-§1, ¶O, as reallocated by RR 2019, c. 2, Pt. A, 
§3, is amended to read:
O.  Detectives in the employment of the office of investigations within the Department 
of the Secretary of State, Bureau of Motor Vehicles on July 1, 2020 who elect to 
participate in the 1998 Special Plan or hired thereafter.;
Sec. 4.  5 MRSA §17851-A, sub-§1, ¶P, as reallocated by RR 2019, c. 2, Pt. A, 
§4, is 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. 5.  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 
October 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. 6.  5 MRSA §17851-A, sub-§2, as corrected by RR 2019, c. 2, Pt. A, §5, is 
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; 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. 7.  5 MRSA §17851-A, sub-§3, ¶A, as corrected by RR 2019, c. 2, Pt. A, §6, 
is 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; 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 and, M and Q regardless of when performed; and
Sec. 8.  5 MRSA §17851-A, sub-§4, ¶A, as corrected by RR 2019, c. 2, Pt. A, §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; after June 
30, 2002 for employees identified in subsection 1, paragraph M; and 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; 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; and 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; 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; and 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, 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. 9.  5 MRSA §17851-A, sub-§4, ¶B, as corrected by RR 2019, c. 2, Pt. A, §8, 
is amended to read:
B.  Except as provided in paragraphs D, E and, F and G, if some part of the member's 
creditable service in any one or a combination of the capacities specified in subsection 
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; and 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 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; and 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, 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; and 
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 
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; and 
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 
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; and 
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, 
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; and 
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 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; and 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 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; and 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 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. 10.  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. 11.  5 MRSA §17851-A, sub-§5, as corrected by RR 2019, c. 2, Pt. A, §9, is 
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; 
and 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, 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. 12.  Transition.  If an employee described in the Maine Revised Statutes, Title 
5, section 17851-A, subsection 1, paragraph Q who is employed on October 1, 2021 elects 
to participate in the 1998 Special Plan of the Maine Public Employees Retirement System, 
as provided in Title 5, section 17851-A, subsection 1, that employee must make that 
election no later than December 31, 2021 and that employee's participation in the 1998 
Special Plan becomes effective January 1, 2022.
SUMMARY
This bill adds employees employed on October 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.