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An Act To Amend the Retirement Benefit Provisions for State Employees Working under Special Plans Who Remain Employed beyond the Minimum Years Necessary To Qualify for Retirement Benefits
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17852, sub-§4, ¶A, as amended by PL 1997, c. 396, §1 and affected by §4, is further amended to read:
 
A. For a personmember qualifying under section 17851, subsection 4, paragraph A:
 
(1) The total amount of the service retirement benefit is:
 
(a) Except as provided in division (b), 1/2 of the person'smember's average final compensation and an additional 2% of the person'smember's average final compensation for each year of membership service before October 1, 2011 not included in determining qualification under section 17851, subsection 4, paragraph A; or
 
(b) If the benefit would be greater, the part of the person'smember's service retirement benefit based upon membership service before July 1, 1976, determined, on a pro rata basis, on the person'smember's current annual salary on the date of retirement and the part of the person'smember's service retirement benefit based upon membership service after June 30, 1976, determined in accordance with division (a); and
 
(2) Upon the death of a state police officer who is receiving a retirement benefit after qualifying under section 17851, subsection 4, paragraph A, without optional modification, or is retired under article 3 or article 3-A, the surviving spouse is entitled to a retirement benefit that is 1/2 of the amount being paid at the time of the officer's death. The payment must continue for the remainder of the surviving spouse's lifetime.
 
For the purpose of this subparagraph, "surviving spouse" means the person the retired officer was married to at the time of retirement. If the retired officer was not married at the time of retirement or subsequent to retirement was divorced or widowed, the term means the person legally married to the officer at the time of the officer's death.; and
 
(3) Notwithstanding subparagraph (2), the benefit to which a surviving spouse is entitled under subparagraph (2) may be awarded in whole or in part to another person or persons under a domestic relations order that is determined to be a qualified domestic relations order under section 17059 and, when so awarded, the benefit must be distributed in accordance with the qualified domestic relations order.
Sec. 2. 5 MRSA §17852, sub-§5, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
 
A. The total amount of the service retirement benefit is:
 
(1) Except as provided in subparagraph (2), 1/2 of histhe member's average final compensation and an additional 2% of histhe member's average final compensation for each year of membership service before October 1, 2011 not included in determining qualifications under section 17851, subsection 5; or
 
(2) If histhe benefit would be greater, the part of histhe member's service retirement benefit based upon membership service before July 1, 1976, shall be determined, on a pro rata basis, on histhe member's current annual salary on the date of retirement and the part of histhe member's service retirement benefit based upon membership service after June 30, 1976, shall be determined in accordance with subparagraph (1).
Sec. 3. 5 MRSA §17852, sub-§6, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
 
A. The total amount of the service retirement benefit is:
 
(1) Except as provided in subparagraph (2), 1/2 of histhe member's average final compensation and an additional 2% of histhe member's average final compensation for each year of membership service before October 1, 2011 not included in determining qualification under section 17851, subsection 6 or 7; or
 
(2) If histhe benefit would be greater, the part of histhe member's service retirement benefit based upon membership service before July 1, 1976, shall be determined, on a pro rata basis, on histhe member's current annual salary on the date of retirement and the part of histhe member's service retirement benefit based upon membership service after June 30, 1976, shall be determined in accordance with subparagraph (1).
Sec. 4. 5 MRSA §17852, sub-§7, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
 
A. Except as provided in paragraph B, 1/2 of histhe member's average final compensation and an additional 2% of histhe member's average final compensation for each year of membership service before October 1, 2011 not included in determining qualifications under section 17851, subsection 8; or
Sec. 5. 5 MRSA §17852, sub-§8, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
 
A. 1/2 of histhe member's average final compensation and an additional 2% of histhe member's average final compensation for each year of membership service before October 1, 2011 not included in determining qualification under section 17851, subsection 9; or
Sec. 6. 5 MRSA §17852, sub-§9, ¶A, as enacted by PL 1993, c. 387, Pt. A, §14, is amended to read:
 
A. Except as provided in paragraph B, the total amount of the service retirement benefit is 1/2 of the member's average final compensation and an additional 2% of the member's average final compensation for each year of membership service before October 1, 2011 not included in determining qualification under section 17851, subsection 10; or
Sec. 7. 5 MRSA §17852, sub-§10, ¶A, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
 
A. For members qualifying under section 17851, subsection 11, paragraph A, 1/2 of histhe member's average final compensation and an additional 2% of histhe member's average final compensation for each year of membership service before October 1, 2011 not included in determining qualification under section 17851, subsection 11, paragraph A.
 
SUMMARY
Under current law, certain state employees in special retirement plans, such as the Maine State Police, marine resources officers and liquor inspectors, earn an additional 2% of average final compensation for each year those employees work beyond the minimum retirement age. This bill prospectively eliminates, beginning October 1, 2011, that additional 2% of the average final compensation computed each year past a member's minimum retirement age. The bill does not affect the inclusion of the additional 2% of average final compensation computed for each year beyond a member's minimum retirement age that occurs prior to October 1, 2011. The bill also amends language to make it gender-neutral.