An Act to Expand the 1998 Special Retirement Plan to Include Employees Who Work for the Office of Chief Medical Examiner
Maine Legislature, Session 131, LD 0610
Committee: Labor and Housing
Sponsors: HASENFUS, HICKMAN
Amends: 5 MRSA §17851-A

Legislative Document
No. 610
H.P. 387
House of Representatives, February 14, 2023
An Act to Expand the 1998 Special Retirement Plan to Include 
Employees Who Work for the Office of Chief Medical Examiner
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HASENFUS of Readfield.
Cosponsored by Senator HICKMAN of Kennebec.
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 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; any employee 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 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 R 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 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; 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-§4, ¶G is enacted to read:
G.  The service retirement benefit of a member to whom subsection 1, paragraph R 
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 R, 
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. 9.  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.
SUMMARY
This bill provides that the 1998 Special Retirement Plan of the Maine Public 
Employees Retirement System applies to employees in the employment of the Office of 
Chief Medical Examiner within the Department of the Attorney General.  It also provides 
that the service retirement benefit for an employee in the office must be computed on the 
basis of all of the member's creditable service, regardless of when that service was earned.