An Act to Remove the Age Requirement for Correctional Staff Retirement Under the 1998 Special Plan
Maine Legislature, Session 131, LD 1424
Committee: Labor and Housing
Sponsors: PLUECKER, GERE, PRINGLE, SALISBURY, WARREN, BEEBE-CENTER, POULIOT, TIPPING
Amends: 5 MRSA §17851-A

Legislative Document
No. 1424
H.P. 920
House of Representatives, March 30, 2023
An Act to Remove the Age Requirement for Correctional Staff 
Retirement Under the 1998 Special Plan
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Representatives: GERE of Kennebunkport, PRINGLE of Windham, 
SALISBURY of Westbrook, WARREN of Scarborough, Senators: BEEBE-CENTER of Knox, 
POULIOT of Kennebec, TIPPING of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §17851-A, sub-§1, ¶E, as amended by PL 1999, c. 493, §4, is 
further amended to read:
E.  Maine State Prison employees to whom section 17851, subsection 11, paragraph B 
applies and who were employed after August 31, 1984 and before January 1, 2000, 
other than those employees described in paragraph I, subparagraph (2);
Sec. 2.  5 MRSA §17851-A, sub-§1, ¶I, as amended by PL 2005, c. 519, Pt. FF, 
§1, is repealed and the following enacted in its place:
I.  Employees of the Department of Corrections or the Department of Administrative 
and Financial Services who:
(1)  Were employed on or after January 1, 2000 and who are employed in a 
correctional facility, as defined in Title 34-A, section 1001. 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 Plan under this subparagraph as long as they are 
assigned to work in a correctional facility, as defined in Title 34-A, section 1001; 
or
(2)  Regardless of when employed, are employees whose duties 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 Plan under this subparagraph as long as 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 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. 3.  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 paragraph I, subparagraph (1) and 
subsection 1, paragraphs J and K; any employee identified in subsection 1, paragraph I, 
subparagraph (2) or 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.; or
C.  Is an employee identified in subsection 1, paragraph I, subparagraph (2) and has 
completed at least 25 years of creditable service in any capacity specified in subsection 
1, paragraph I, subparagraph (2), 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.
SUMMARY
Under current law, an employee of the Department of Corrections or the Department 
of Administrative and Financial Services who was employed on or after January 1, 2000 
and whose duties involve contact with prisoners, probationers, parolees or juvenile 
offenders or supervising such an employee qualifies for the 1998 Special Plan and may 
receive a service retirement benefit after completing 25 years of service.
This bill removes the qualification that these employees must have been employed on 
or after January 1, 2000 so any employee whose duties involve contact with prisoners, 
probationers, parolees or juvenile offenders or supervising such an employee qualifies for 
the 1998 Special Plan and may receive a service retirement benefit after completing at least 
years of service.