An Act to Remove the Age Requu-ement for Correctional Staff Retirement Under the 1998 Special Plan
Maine Legislature, Session 131, LD 1424
Committee Amendment CA_A_H769 (House)
Amends: 5 MRSA §17851, 5 MRSA §17851-A

COMMITTEE AMENDMENT " A " to H.P, 920, L.D. 1424, "An Act to Remove the
Age Requu-ement for Correctional Staff Retirement Under the 1998 Special Plan"
Amend the bill by striking out the title and substituting the following:
'An Act to Establish a Special Retirement Plan for Department of Corrections
Employees and Other Correctional Staff
Amend the bill by striking out everything after the enacting clause and inserting the
following;
'See. 1. 5 MRSA §17851, sub-§16, as enacted by PL 2021, c, 548, §28, is amended
to read:
16. Mlember whose position is moved from one special plan to another special
plan. A member whose position is subject to subsection 4, 5-B, 6-B or 7, section 17851-A»
w section 17851-B. section 17851-C or section 17851-D and, due to a change in law,
becomes subject to different benefit qualification requirements may retire under the former
benefit qualification requirements and the associated benefit computation provisions if the
member remains in the position until the former requirements would have been met had
the change in law not occurred.
See. 2. 5 MRSA §17851-A, sub-§l, ^E, as amended by PL 1999, c. 493, §4, is
further amended to read;
E. Until September 30, 2024. Maine State Prison employees to whom section 17851,
8 subsection 11 , paragraph B applies and who were employed after August 31,1984 and
before January 1,2000;
Sec. 3. 5 MRSA §17851-A, sub-§l, IJI, as amended by PL 2005, c. 519, Pt. PF,
§ 1, is further amended to read:
I. Employees Until September 30.2024. employees of the Department of Corrections
or the Department of Administrative and Financial Services on January 1,2000 or hired
thereafter, other than those described in paragraph E, who are employed in a
correctional facility, as defmed in Title 34-A, section 1001; or those whose duties
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to H.P. 920, L.D. 1424
&.>ffuuu..,^>
involve contact with prisoners, probationers, parolees or juvenile offenders or any
person employed as the supervisor of those employees. Those employees of the
Department of Corrections on January 3,2006 whose positions were transferred to the
Department of Administrative and Financial Services remain eligible for the 1998
Special Retirement Plan as long as they are assigned to work in a correctional facility,
as defined in Title 34-A, section 1001, or their duties involve contact with prisoners,
probationers, parolees or juvenile offenders. An employee of the Department of
Administrative and Financial Services hired after January 3, 2006 to replace an
employee whose position was transferred and who remained eligible for the 1998
Special Retirement Plan is also eligible for the plan as long as that employee is assigned
to work in a correctional facility, as defined in Title 34-A, section 1001, and that
employee's duties involve contact with prisoners, probationers, parolees or juvenile
offenders;
Sec. 4. 5 MRSA§17851-D is enacted to read:
S17851-D. Special plan for correctional staff
1. Establishment and applicability. Effective October 1. 2024. there is established
a special retirement plan. referred to in this section as "the snecjalBlan," for;
A, Employees of the Department of Corrections or the Department of Administrative
and Financial Services who are employed in a correctional facility, as defmed in Title
34-A. section. 1001. or those whose duties involve contact with orisoners, BrQbationers,
parolees or juvenile offenders or any person emtilovedLas the supervisor of those
employees; and
B. Employees of the Department of Corrections on January 3._2006 whose positions
were transferred to the Department of Administrative and Financial Services as lone
as the employees are assigned to work in a correctional facility, as defmed in Title
34-A. section 1001. or those whose duties involve contact with prisoners, nrQbationerSt
parolees or juvenile offenders,
An employee of the Department of Administrative and Financial Services hired after
January 3.2006 to replace an employee whose uosition was transferred and who remained
0 eligible for the 1998 Special Plan is also eligible for the special plan as long as that
employee is assigned to work in a correctional facility, as defmed in Title 34-A. section
1001, and whose duties involve contact with prisoners, probationers. parolees or iuvenile
offenders.
2. Qualification for benefits. A member employed in any of the positions described
in subsection 1 qualifies for a service retirement benefit after completing 25 years of
creditable service in that capacity, whether or not the creditable service included in
determinine that the 25-vear requirement has been met w&s earned under the special plan
8 established m this section or prior to its establishment.
3. Purchase of service credit to be used for qualification for benefits. This
subsection eovems the use of purchased service credit in order to qualify for benefits under
this section. For the purnose of meetingjtheciuaUfica.tion requirement of subsection 2:
A. Service credit purchased by repayment of an earlier refund of accumulated
contributions followine tennination of service is included if the time to which the
Page2-131LR1114(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^\ " to H,P, 920, L.D, 1424
refund relates was served in any one or a combination of the positions described in
subsection 1;
B, Service credit purchased under section 17760 is considered service under the special
plan; and
C. Service credit purchased other than as provided under oaragraphs A and B is not
included.
4. Computation of benefits. The amount of the service retirement benefit for
members qualified under subsection 2 is 1/2 of the member's average fmal compensation
and an additional 2% of the member's averaee final comuensation for each year of
membership service not included in determinine qualification under subsection 2.
5. Contributions. Notwithstandine any orovision of subchaoter 3 to the contrar/. on
or after September 30. 2024. a member in a position described in subsection 1 shall
contribute to the State Employee and Teacher Retirement Program or have pick-up
contributions made at the rate of 8.65% of eamable compensation until the member has
completed 25 years ofcreditable service as provided mjhj^^^ rate of 7.65%
thereafter.
Sec. 5. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FmANCIAL SERVICES, DEPARTMENT OF
Financial and Personnel Services - Division of 0713
Initiative; Allocates funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
FmANCIAL AND PERSONNEL SERVICES FUND 2023-24 2024-25
AHOther $0 $72
FINANCIAL AND PERSONNEL SERVICES FUND $0 $72
TOTAL
ADMINISTRATFVE AND FINANCIAL
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
FESTANCIAL AND PERSONNEL SERVICES $0 $72
FUND
DEPARTMENT TOTAL-ALL FUNDS $0 $72
CORRECTIONS, DEPARTMENT OF
Administration - Corrections 0141
Initiative: Provides funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A. " to H.P. 920, L.D. 1424
—.—— ^ .—./-.,.
<^. rt< •Aute&n^
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
AllOther $0 $4,220
GENERAL FUND TOTAL $0 $4,220
Administration - Corrections 0141
Initiative: Allocates funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age,
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
AHOther $0 $140
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $140
Adult Community Corrections 0124
Initiative; Provides funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
AllOther $0 $12,935
GENERAL FUND TOTAL $0 $12,935
Bolduc Correctional Facility Z155
Initiative: Provides funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
AllOther $0 $5,302
GENERAL FUND TOTAL $0 $5,302
Correctional Center 0162
Initiative: Provides funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
All Other $0 $27,818
GENERAL FUND TOTAL $0 $27,818
Page4-131LR1114(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^" to H,P, 920, L.D, 1424
Correctional Center 0162
Initiative: Allocates funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
AllOther $0 $83
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $83
Corrections Industries Z166
Initiative: Allocates funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age,
PRISON INDUSTRIES FUND 2023-24 2024-25
All Other $0 $540
PRISON INDUSTRIES FUND TOTAL $0 $540
Downeast Correctional Facility 0542
Initiative: Provides funds for the prospective costs of allowing the service retkement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
AllOther $0 $1,595
GENERAL FUND TOTAL $0 $1,595
Justice - Planning, Projects and Statistics 0502
Initiative; Allocates funds for the prospective costs of allowing the service retu-ement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
FEDERAL EXPENDFTURES FUND 2023-24 2024-25
AllOther $0 $211
FEDERAL EXPENDITURES FUND TOTAL $0 $211
Juvenile Community Corrections 0892
Initiative: Provides funds for the prospective costs of allowing the service retu-ement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A." to H.P. 920, L,D. 1424
a*-WT1 AllOther $0 $7,523
GENERAL FUND TOTAL $0 $7,523
Long Creek Youth Development Center 0163
Initiative; Provides funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
AllOther $0 $13,588
GENERAL FUND TOTAL $0 $13,588
Mountain View Correctional Facility 0857
Initiative: Provides funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retu-ement plan that provides for retirement after 25 years of creditable service,
regardless of age,
GENERAL FUND 2023-24 2024-25
AllOther $0 $15,951
GENERAL FUND TOTAL $0 $15,951
Office of Victim Services 0046
Initiative: Provides funds for the prospective costs of allowing the service retkement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND 2023-24 2024-25
All Other $0 $151
2930 GENERAL FUND TOTAL $0 $151
State Prison 0144
Initiative: Provides funds for the prospective costs of allowing the service retirement
benefit of certain employees earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retu'ement after 25 years of creditable service,
regardless of age,
GENERAL FUND 2023-24 2024-25
AllOther $0 $29,810
GENERAL FUND TOTAL $0 $29,810
CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A " to H.P. 920, L.D. 1424
A
$0
$0
$0
$0
$118,893
$211
$223
$540
GENERAL FUND
FEDERAL EXPENDITURES FUND
OTHER SPECIAL REVENUE FUNDS
PRISON INDUSTRIES FUND
DEPARTMENT TOTAL - ALL FUNDS $0 $119,867
RETIREMENT SYSTEM, MAINE PUBLIC EMPLOYEES
Retirement System - Retirement Allowance Fund 0085
Initiative: Provides one-time funds for the increase in the unfunded actuarial liability
created as a result of allowing the service retirement benefits for certain employees in the
Department of Corrections earned under the 1998 Special Plan to be calculated under a
special retirement plan that provides for retirement after 25 years of creditable service,
regardless of age.
GENERAL FUND
All Other
GENERAL FUND TOTAL
RETDUEMENT SYSTEM, MAINE PUBLIC
EMPLOYEES
DEPARTMENT TOTALS
GENERAL FUND
DEPARTMENT TOTAL - ALL FUNDS
SECTION TOTALS
GENERAL FUND
FEDERAL EXPENDITURES FUND
OTHER SPECIAL REVENUE FUNDS
FINANCIAL AND PERSONNEL SERVICES
FUND
PRISON INDUSTRIES FUND
SECTION TOTAL - ALL FUNDS
2023-24 2024-25
$0 $15,304,317
$0 $15,304,317
2023-24 2024-25
$0 $15,304,317
$0 $15,304,317
2023-24
2024-25
$0 $15,423,210
$0 $211
$0 $223
$0 $72
$0
$540
$0 $15,424,256
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A " to H.P, 920, L.D, 1424
SUMMARY
This amendment, which is the unanimous report of the committee, replaces the bill and
changes the title. The amendment removes from the 1998 Special Plan certain employees
of the Department of Corrections and the Department of Administrative and Financial
Services who work in correctional facilities or whose duties involve contact with prisoners,
probationers, parolees or juvenile offenders. The amendment establishes a special
retirement plan for those employees that provides for retirement after 25 years of creditable
service, regardless of age, and includes qualifications and methods for computing benefits
and contribution rates. The amendment also adds an appropriations and allocations section,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 02/20/24 .^!K?<*-
LD 1424 LR 1114(02)
An Act to Remove the Age Requirement for Correctional Staff Retirement Under the 1998 Special
Plan
Fiscal Note for Bill as Amended by Committee Amendment 'A" C R
Committee: Labor and Housing
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
Net Cost (Savings)
General Fund
Appropriations/Allocations
General Fund
Federal Expenditures Fund
Other Special Revenue Funds
Financial and Personnel Services
Bind
Prison Industries Fund
$0
$0
$0
$0
$0
$15,423,210
$15,423,210
$211
$223
$72
$164,229
$164,229
$291
$307
$100
$170,141
$170,141
$302
$318
$103
$0
$540
$746
$773
Fiscal Detail and Notes
This bill includes General Fund appropriations totaling $15,423,210 and other funds allocations totaling $1,046 in
fiscal year 2024-25 for the cost of allowing the service retirement benefit of certain Department of Corrections and
Department of Administrative and Financial Services employees earned under the 1998 Special Plan to be calculated
under a special retirement plan that provides for retirement after 25 years of service, regardless of age, effective
October 1, 2024.
Of this amount, $15,304,317 is appropriated on a one-time basis in fiscal year 2024-25 to the Retirement Allowance
Fund within the Maine Public Employees Retirement System for the increase in the unfunded actuarial liability
created as .a result of the provisions in this bill, Pursuant to the Constitution of Maine, Article IX, Section 18-A,
unfunded liabilities may not be created except those that result from experience losses.
Additionally, $118,893 is appropriated on an ongoing basis beginning in fiscal year 2024-25 to various programs
within the Department of Corrections for the increase in the employer contributions for the normal cost component on
a prospective basis, Ongoing Federal Expenditures Fund allocations of $211; Other Special Revenue Funds
allocations of $223, Financial and Personnel Services Fund allocations of $72 and Prison Industries Fund allocations
of $540 for fiscal year 2024-25 are also included in the bill for this same purpose,
LR1114(02) - Fiscal Note - Page 1 of 1