5 ME Rev Stat § 18453 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §18453. Special retirement benefits

 §18453. Special retirement benefits (CONFLICT)A participating local district may, by filing with the board a duly certified copy of its action, provide, in lieu of any other retirement benefit in this Part, special retirement benefit plans in this section. If a member retires after becoming qualified to retire under section 18451 or 18451-A, the member's retirement benefit must be computed in accordance with section 18452, if that amount is greater than the amount computed under this section.   [PL 2013, c. 391, §12 (AMD).]1.  Employee Special Plan #1.  A retirement benefit equal to 1/2 average final compensation for members who have reached 60 years of age and who have at least 30 years of creditable service.   [PL 1985, c. 801, §§5, 7 (NEW).] 2.  (CONFLICT: Text as amended by PL 2019, c. 364, §2) Employee Special Plan #2.  Except as provided in this subsection, a retirement benefit to police officers, firefighters, sheriffs, full-time deputy sheriffs, county corrections employees, dispatchers, emergency medical services persons as defined in Title 32, section 83, subsection 12, including but not limited to first responders, emergency medical technicians, advanced emergency medical technicians and paramedics, or any other participating local district employees who have completed 20 to 25 years of creditable service, the number of years to be selected by the participating local district. A participating local district may not elect to provide retirement benefits to its dispatchers in a plan that requires less than 25 years of creditable service. For the purposes of this subsection, "county corrections employees" means employees of the county who are employed at a county jail and whose duties include contact with prisoners or juvenile detainees. The benefits must be computed as follows:   A. Except as provided in paragraph B, 1/2 of the member's average final compensation; or   [PL 2001, c. 368, §1 (AMD).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977 is determined, on a pro rata basis, on the member's current annual salary on the date of retirement or current final compensation, whichever is greater, and the part of the service retirement benefit based upon membership service after June 30, 1977 is determined in accordance with paragraph A.   [PL 2019, c. 364, §2 (AMD).][PL 2019, c. 364, §2 (AMD).] 2.  (CONFLICT: Text as amended by PL 2019, c. 370, §2) Employee Special Plan #2.  A retirement benefit to police officers, firefighters, sheriffs, full-time deputy sheriffs, county corrections employees, emergency medical services persons as defined in Title 32, section 83, subsection 12, including but not limited to basic emergency medical services persons and advanced emergency medical persons, or any other participating local district employees who have completed 20 to 25 years of creditable service, the number of years to be selected by the participating local district. For the purposes of this subsection, "county corrections employees" means employees of the county who are employed at a county jail and whose duties include contact with prisoners or juvenile detainees. The benefits must be computed as follows:   A. Except as provided in paragraph B, 1/2 of the member's average final compensation; or   [PL 2001, c. 368, §1 (AMD).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current annual salary on the date of retirement or current final compensation, whichever is greater, and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A.   [PL 1993, c. 387, Pt. A, §21 (AMD).][PL 2019, c. 370, §2 (AMD).] 3.  (CONFLICT: Text as amended by PL 2019, c. 364, §3) Firefighter, Emergency Medical Services Person and Dispatcher Special Plan #1.  A retirement benefit equal to 1/2 of the member's average final compensation to a firefighter, including the chief of a fire department, a dispatcher or an emergency medical services person as defined in Title 32, section 83, subsection 12, including but not limited to a first responder, emergency medical technician, advanced emergency medical technician and paramedic, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55.   [PL 2019, c. 364, §3 (AMD).] 3.  (CONFLICT: Text as amended by PL 2019, c. 370, §3) Firefighter and Emergency Medical Services Person Special Plan #1.  A retirement benefit equal to 1/2 of the member's average final compensation to a firefighter, including the chief of a fire department, and an emergency medical services person as defined in Title 32, section 83, subsection 12, including but not limited to a basic emergency medical services person or an advanced emergency medical person, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching 55 years of age.   [PL 2019, c. 370, §3 (AMD).] 4.  (CONFLICT: Text as amended by PL 2019, c. 364, §4) Firefighter, Emergency Medical Services Person and Dispatcher Special Plan #2.  A retirement benefit to a firefighter, including the chief of a fire department, a dispatcher or an emergency medical services person as defined in Title 32, section 83, subsection 12, including but not limited to a first responder, emergency medical technician, advanced emergency medical technician and paramedic, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55. The benefits must be computed as follows:   A. Except as provided in paragraph B, 2/3 of the member's average final compensation; or   [PL 2013, c. 602, Pt. B, §4 (AMD).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977 is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977 is determined in accordance with paragraph A.   [PL 2019, c. 364, §4 (AMD).][PL 2019, c. 364, §4 (AMD).] 4.  (CONFLICT: Text as amended by PL 2019, c. 370, §4) Firefighter and Emergency Medical Services Person Special Plan #2.  A retirement benefit to a firefighter, including the chief of a fire department, and an emergency medical services person as defined in Title 32, section 83, subsection 12, including but not limited to a basic emergency medical services person or an advanced emergency medical person, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching 55 years of age. The benefits must be computed as follows:   A. Except as provided in paragraph B, 2/3 of the member's average final compensation; or   [PL 2013, c. 602, Pt. B, §4 (AMD).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A.   [PL 1993, c. 387, Pt. A, §22 (AMD).][PL 2019, c. 370, §4 (AMD).] 5.  (CONFLICT: Text as amended by PL 2019, c. 364, §5) Firefighter, Emergency Medical Services Person and Dispatcher Special Plan #3.  Except as provided in this subsection, a retirement benefit to a firefighter, including the chief of a fire department, a dispatcher or an emergency medical services person as defined in Title 32, section 83, subsection 12, including but not limited to a first responder, emergency medical technician, advanced emergency medical technician and paramedic, who has completed 20 to 25 years of creditable service in that capacity, the number of years to be selected by the participating local district, and who retires at any age. A participating local district may not elect to provide retirement benefits to its dispatchers in a plan that requires less than 25 years of creditable service. The benefits must be computed as follows:   A. Except as provided under paragraph B, 2/3 of the member's average final compensation; or   [PL 2013, c. 602, Pt. B, §5 (AMD).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977 is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977 is determined in accordance with paragraph A.   [PL 2019, c. 364, §5 (AMD).][PL 2019, c. 364, §5 (AMD).] 5.  (CONFLICT: Text as amended by PL 2019, c. 370, §5) Firefighter and Emergency Medical Services Person Special Plan #3.  A retirement benefit to a firefighter, including the chief of a fire department, and an emergency medical services person as defined in Title 32, section 83, subsection 12, including but not limited to a basic emergency medical services person or an advanced emergency medical person, who has completed 20 to 25 years of creditable service in that capacity, the number of years to be selected by the participating local district and who retires at any age. The benefits must be computed as follows:   A. Except as provided under paragraph B, 2/3 of the member's average final compensation; or   [PL 2013, c. 602, Pt. B, §5 (AMD).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A.   [PL 1993, c. 387, Pt. A, §23 (AMD).][PL 2019, c. 370, §5 (AMD).] 6.  Police Officer Special Plan #1.  A retirement benefit equal to 1/2 of his average final compensation to a police officer, including the chief of a police department, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55.   [PL 1985, c. 801, §§5, 7 (NEW).] 7.  Police Officer Special Plan #2.  A retirement benefit to a police officer, including the chief of a police department, who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55. The benefits shall be computed as follows:   A. Except as provided under paragraph B, 2/3 of his average final compensation; or   [PL 1985, c. 801, §§5, 7 (NEW).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A.   [PL 1993, c. 387, Pt. A, §24 (AMD).][PL 1993, c. 387, Pt. A, §24 (AMD).] 8.  Police Officer and County Corrections Employee Special Plan #3.  A retirement benefit equal to 2/3 of average final compensation to a police officer, including the chief of a police department, or county corrections employee who has completed 20 to 25 years of creditable service in that capacity, the number of years to be selected by the participating local district and who retires at any age. For the purposes of this subsection, "county corrections employee" means an employee of a county who is employed at a county jail and whose duties include contact with prisoners or juvenile detainees. The benefits must be computed as follows:   A. Except as provided under paragraph B, 2/3 of the member's average final compensation; or   [PL 2001, c. 368, §2 (AMD).]B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A.   [PL 1993, c. 387, Pt. A, §25 (AMD).][PL 2001, c. 368, §2 (AMD).] 9.  Sheriff, Deputy Sheriff and other county corrections employee special plan.  A retirement benefit equal to 1/2 of the average final compensation to a sheriff, deputy sheriff or county corrections employee who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55. For the purposes of this subsection, "county corrections employee" means an employee of a county who is employed at a county jail and whose duties include contact with prisoners or juvenile detainees.   [PL 2001, c. 368, §3 (AMD).] 10.  Additional Benefits #1.  An additional retirement benefit for all employees qualifying under subsections 1 to 9 of 2% of average final compensation for each year of membership service not included in the age and service conditions for retirement under those subsections.   [PL 1987, c. 256, §39 (AMD).] 11.  Additional Benefits #2.  An additional retirement benefit for any class of employees qualifying under subsections 1 to 9 of 2% of average final compensation for each year of membership service in the qualifying employment served after completion of the age and service conditions under those subsections and after the effective date of the action by the participating local district.   [PL 1985, c. 801, §§5, 7 (NEW).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 256, §39 (AMD). PL 1993, c. 387, §§A21-25 (AMD). PL 2001, c. 368, §§1-3 (AMD). PL 2013, c. 391, §12 (AMD). PL 2013, c. 602, Pt. B, §§2-5 (AMD). PL 2019, c. 364, §§2-5 (AMD). PL 2019, c. 370, §§2-5 (AMD).