An Act To Include Additional Corrections Officers and Mental Health Workers under the 1998 Special Plan for Retirement and To Amend the Laws Governing Retirement Benefits for Capitol Police Officers
Sec. 1. 5 MRSA §17712, as amended by PL 2007, c. 491, §129, is further amended to read:
§ 17712. Maine State Prison, Maine Correctional Center, Long Creek Youth Development Center, Downeast Correctional Facility, former Mountain View Youth Development Center, former Charleston Correctional Facility and Mountain View Correctional Facility employees
Sec. 2. 5 MRSA §17712-A, as amended by PL 2007, c. 491, §130, is further amended to read:
§ 17712-A. Maine State Prison, Maine Correctional Center, Long Creek Youth Development Center, Downeast Correctional Facility, former Mountain View Youth Development Center, former Charleston Correctional Facility and Mountain View Correctional Facility employees; members hired after July 1, 1992
Notwithstanding section 17712, an employee of the Maine State Prison , Maine Correctional Center, Long Creek Youth Development Center, Downeast Correctional Facility, former Mountain View Youth Development Center, former Charleston Correctional Facility or Mountain View Correctional Facility who holds a position described in section 17851, subsection 11 and who is hired after July 1, 1992 shall contribute to the State Employee and Teacher Retirement Program at a rate of 1% of earnable compensation in addition to the contribution required under section 17712.
Sec. 3. 5 MRSA §17712-B, as amended by PL 2007, c. 491, §131, is further amended to read:
§ 17712-B. Maine State Prison, Maine Correctional Center, Long Creek Youth Development Center, Downeast Correctional Facility, former Mountain View Youth Development Center, former Charleston Correctional Facility and Mountain View Correctional Facility employees; contributions on and after July 1, 1993
Notwithstanding sections 17712 and 17712-A, on and after July 1, 1993 an employee of the Maine State Prison , Maine Correctional Center, Long Creek Youth Development Center, Downeast Correctional Facility, former Mountain View Youth Development Center, former Charleston Correctional Facility or Mountain View Correctional Facility who holds a position described in section 17851, subsection 11 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at a rate of 1.15% of earnable compensation in addition to the contributions required under section 17712.
Sec. 4. 5 MRSA §17851, sub-§11, as amended by PL 2017, c. 148, §1, is further amended to read:
(1) Completes 20 years of creditable service in one or more of those capacities; and
(2) Retires upon or after reaching the age of 50 years; or
Notwithstanding any other provision in this section, no person in the employ of the Bangor Pre-Release Center on August 4, 1988 who would have qualified for a service retirement benefit if the Bangor Pre-Release Center had remained the administrative responsibility of the Maine State Prison may be denied such a benefit by virtue of the transfer of that responsibility to the former Charleston Correctional Facility.
A person in the employ of the Bangor Pre-Release Center to whom paragraph A applies and who is employed at the Bangor Pre-Release Center on June 30, 2000 remains covered under paragraph A notwithstanding the closing of the Bangor Pre-Release Center if the person is thereafter and without a break in service employed in a capacity to which this subsection or section 17851-A, subsection 1, paragraph I applies or if not thereafter employed in such a capacity but having qualified at the time of the closing of the Bangor Pre-Release Center for retirement under paragraph A, retires then or at a later time.
Sec. 5. 5 MRSA §17851-A, sub-§1, ¶E, as amended by PL 1999, c. 493, §4, is further amended to read:
Sec. 6. 5 MRSA §17851-A, sub-§1, ¶K, as amended by PL 2001, c. 409, §1, is further amended to read:
Sec. 7. 5 MRSA §17851-A, sub-§1, ¶L, as amended by PL 2001, c. 646, §1, is further amended to read:
Sec. 8. 5 MRSA §17851-A, sub-§1, ¶M, as enacted by PL 2001, c. 646, §2 and amended by PL 2009, c. 317, Pt. E, §§15 and 16, is further amended to read:
Sec. 9. 5 MRSA §17851-A, sub-§1, ¶N is enacted to read:
Sec. 10. 5 MRSA §17851-A, sub-§2, as amended by PL 2017, c. 439, §1, is further amended to read:
Sec. 11. 5 MRSA §17851-A, sub-§3, ¶A, as amended by PL 2017, c. 439, §2, is further amended 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; and after December 31, 1999 for employees identified in subsection 1, paragraphs I to J and K 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 I, L and , M and N regardless of when performed; and
(2) Service credit purchased other than as provided under subparagraph (1), including but not limited to service credit for military service, is not included.
Sec. 12. 5 MRSA §17851-A, sub-§4, ¶A, as repealed and replaced by PL 2003, c. 510, Pt. D, §3 and affected by §§6 and 7, is amended to read:
(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. 13. 5 MRSA §17851-A, sub-§4, ¶D, as repealed and replaced by PL 2001, c. 409, §5, is further amended to read:
(1) If the member had 10 years of service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 10, paragraph C, subparagraphs (1) and (2); or
(2) If the member had fewer than 10 years of creditable service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 10, paragraph C-1.
Sec. 14. 5 MRSA §17851-A, sub-§4, ¶E, as enacted by PL 2001, c. 409, §5, is amended to read:
(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 55 years of age.
Sec. 15. 5 MRSA §17851-A, sub-§5, as amended by PL 2007, c. 491, §157, is further amended to read:
Sec. 16. 5 MRSA §17852, sub-§10, as amended by PL 1993, c. 410, Pt. L, §§40 and 41, is further amended to read:
(1) The amount arrived at under subsection 1 is reduced by applying to that amount the percentage that a life annuity due at age 55 bears to the life annuity due at the age of retirement; and
(2) For the purpose of making the computation under subparagraph (1), the board-approved tables of annuities in effect at the date of the member's retirement is used.
This paragraph applies to members who, on July 1, 1993, have 10 years of creditable service. For the purpose of calculating creditable service under this subsection only, creditable service includes time during which a member participated in the voluntary cost savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section F-6 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV, or 10 years of combined creditable service under this Part and Title 3, chapter 29, or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board.
This paragraph applies to members who, on July 1, 1993, do not have 10 years of creditable service.
SUMMARY
This bill adds employees of the office of aging and disability services and mental health workers who work with wards of the State or in mental health institutions within the Department of Health and Human Services and employees of the Maine Correctional Center, Long Creek Youth Development Center, Downeast Correctional Facility, former Mountain View Youth Development Center, former Charleston Correctional Facility and Mountain View Correctional Facility to the 1998 Special Plan for certain Maine Public Employees Retirement System members and requires that service retirement benefits for corrections and mental health workers and Capitol Police officers in the employment of the Department of Public Safety included in the 1998 Special Plan be computed on the same basis as benefits for other members under the plan are computed; creditable service is included regardless of when that service was earned.