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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1760S.P. 707 In Senate, April 24, 2023
An Act to Include Certain Crisis Outreach and Crisis Services
Workers Under the 1998 Special Plan for Retirement
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook. Page 1 - 131LR0688(01)
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2 as amended by PL 2021, c. 474, §4, is
3 further amended to read:
4 P. Detectives in the employment of the Office of the Attorney General on July 1, 2020
5 who elect to participate in the 1998 Special Plan or hired thereafter; and
6 as enacted by PL 2021, c. 474, §5, is
7 amended to read:
8 Q. Civilian employees whose job responsibilities include the handling, examination or
9 analysis of digital or physical evidence in the employment of the Department of Public
10 Safety, Maine State Police Crime Laboratory or computer crimes unit on October 1,
11 2021 who elect to participate in the 1998 Special Plan or hired thereafter.; and
12 is enacted to read:
13 R. Employees of the Department of Health and Human Services on October 1, 2023
14 or hired thereafter who have responsibility for providing crisis outreach and crisis
15 services to adults with developmental disabilities or intellectual disabilities in a
16 community-based or residential setting, except for an institutional setting.
17 as amended by PL 2021, c. 474, §6, is further
18 amended to read:
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20 the capacities specified in subsection 1 after June 30, 1998 and before September 1, 2002
21 for employees identified in subsection 1, paragraphs A and B; after June 30, 1998 for
22 employees identified in subsection 1, paragraphs C to H; after December 31, 1999 for
23 employees identified in subsection 1, paragraphs I to K; any employee identified in
24 subsection 1, paragraph M; after June 30, 2020 for employees identified in subsection 1,
25 paragraphs N to P; after September 30, 2021 for employees identified in subsection 1,
26 paragraph Q; after September 30, 2023 for employees identified in subsection 1, paragraph
27 R; and any employee identified in subsection 1, paragraph L, qualifies for a service
28 retirement benefit if that member either:
29 A. Is at least 55 years of age and has completed at least 10 years of creditable service
30 under the 1998 Special Plan in any one or a combination of the capacities; or
31 B. Has completed at least 25 years of creditable service in any one or a combination
32 of the capacities specified in subsection 1, whether or not the creditable service
33 included in determining that the 25-year requirement has been met was earned under
34 the 1998 Special Plan or prior to its establishment.
35 as amended by PL 2021, c. 474, §7, is
36 further amended by amending subparagraph (1) to read:
37 (1) Service credit purchased by repayment of an earlier refund of accumulated
38 contributions following termination of service is included only to the extent that
39 time to which the refund relates was served after June 30, 1998 and before
40 September 1, 2002 for employees identified in subsection 1, paragraphs A and B;
41 after June 30, 1998 for employees identified in subsection 1, paragraphs C to H;
42 after December 31, 1999 for employees identified in subsection 1, paragraphs I to Page 2 - 131LR0688(01)
43 K; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P;
44 and after September 30, 2021 for employees identified in subsection 1, paragraph
45 Q in any one or a combination of the capacities specified in subsection 1. Service
46 credit may be purchased for service by an employee identified in subsection 1,
47 paragraphs L and , M and R regardless of when performed; and
6 as amended by PL 2021, c. 474, §8, is
7 further amended to read:
8 A. If all of the member's creditable service in any one or a combination of the
9 capacities specified in subsection 1 was earned after June 30, 1998 and before
10 September 1, 2002 for employees identified in subsection 1, paragraphs A and B; after
11 June 30, 1998 for employees identified in subsection 1, paragraphs C to H; after
12 December 31, 1999 for employees identified in subsection 1, paragraphs I to K; after
13 December 31, 2001 for employees identified in subsection 1, paragraph L; after June
14 30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020
15 for employees identified in subsection 1, paragraphs N to P; and after September 30,
16 2021 for employees identified in subsection 1, paragraph Q; and after September 30,
17 2023 for employees identified in subsection 1, paragraph R; if service credit was
18 purchased by repayment of an earlier refund of accumulated contributions for service
19 in any one or a combination of the capacities specified in subsection 1 after June 30,
20 1998 and before September 1, 2002 for employees identified in subsection 1,
21 paragraphs A and B; after June 30, 1998 for employees identified in subsection 1,
22 paragraphs C to H; after December 31, 1999 for employees identified in subsection 1,
23 paragraphs I to K; after December 31, 2001 for employees identified in subsection 1,
24 paragraph L; after June 30, 2002 for employees identified in subsection 1, paragraph
25 M; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; and
26 after September 30, 2021 for employees identified in subsection 1, paragraph Q; and
27 after September 30, 2023 for employees identified in subsection 1, paragraph R; or if
28 service credit was purchased by other than the repayment of an earlier refund and
29 eligibility to make the purchase of the service credit, including, but not limited to,
30 service credit for military service, was achieved after June 30, 1998 and before
31 September 1, 2002 for employees identified in subsection 1, paragraphs A and B; after
32 June 30, 1998 for employees identified in subsection 1, paragraphs C to H; after
33 December 31, 1999 for employees identified in subsection 1, paragraphs I to K; after
34 December 31, 2001 for employees identified in subsection 1, paragraph L; after June
35 30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020
36 for employees identified in subsection 1, paragraphs N to P; and after September 30,
37 2021 for employees identified in subsection 1, paragraph Q; and after September 30,
38 2023 for employees identified in subsection 1, paragraph R, the benefit must be
39 computed as provided in section 17852, subsection 1, paragraph A.
40 (1) If the member had 10 years of creditable service on July 1, 1993, the benefit
41 under subsection 2, paragraph B must be reduced as provided in section 17852,
42 subsection 3, paragraphs A and B.
43 (2) If the member had fewer than 10 years of creditable service on July 1, 1993,
44 the benefit under subsection 2, paragraph B must be reduced by 6% for each year
45 that the member's age precedes 55 years of age.
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1 as amended by PL 2021, c. 474, §9, is
2 further amended to read:
3 B. Except as provided in paragraphs D, E and, F and G, if some part of the member's
4 creditable service in any one or a combination of the capacities specified in subsection
5 1 was earned before July 1, 1998 for employees identified in subsection 1, paragraphs
6 A to H; before January 1, 2000 for employees identified in subsection 1, paragraphs I
7 to K; before January 1, 2002 for employees identified in subsection 1, paragraph L;
8 before July 1, 2002 for employees identified in subsection 1, paragraph M; before July
9 1, 2020 for employees identified in subsection 1, paragraphs N to P; and before October
10 1, 2021 for employees identified in subsection 1, paragraph Q; and before October 1,
11 2023 for employees identified in subsection 1, paragraph R and some part of the
12 member's creditable service in any one or a combination of the capacities specified in
13 subsection 1 was earned after June 30, 1998 and before September 1, 2002 for
14 employees identified in subsection 1, paragraphs A and B; after June 30, 1998 for
15 employees identified in subsection 1, paragraphs C to H; after December 31, 1999 for
16 employees identified in subsection 1, paragraphs I to K; after December 31, 2001 for
17 employees identified in subsection 1, paragraph L; after June 30, 2002 for employees
18 identified in subsection 1, paragraph M; after June 30, 2020 for employees identified
19 in subsection 1, paragraphs N to P; and after September 30, 2021 for employees
20 identified in subsection 1, paragraph Q; and after September 30, 2023 for employees
21 identified in subsection 1, paragraph R, then the member's service retirement benefit
22 must be computed in segments and the amount of the member's service retirement
23 benefit is the sum of the segments. The segments must be computed as follows:
24 (1) The segment or, if the member served in more than one of the capacities
25 specified in subsection 1 and the benefits related to the capacities are not
26 interchangeable under section 17856, segments that reflect creditable service
27 earned before July 1, 1998 for employees identified in subsection 1, paragraphs A
28 to H; before January 1, 2000 for employees identified in subsection 1, paragraphs
29 I to K; before January 1, 2002 for employees identified in subsection 1, paragraph
30 L; before July 1, 2002 for employees identified in subsection 1, paragraph M;
31 before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
32 and before October 1, 2021 for employees identified in subsection 1, paragraph Q;
33 and before October 1, 2023 for employees identified in subsection 1, paragraph R
34 or purchased by repayment of an earlier refund of accumulated contributions for
35 service before July 1, 1998, for employees identified in subsection 1, paragraphs
36 A to H; before January 1, 2000 for employees identified in subsection 1, paragraphs
37 I to K; before January 1, 2002 for employees identified in subsection 1, paragraph
38 L; before July 1, 2002 for employees identified in subsection 1, paragraph M;
39 before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
40 and before October 1, 2021 for employees identified in subsection 1, paragraph Q;
41 and before October 1, 2023 for employees identified in subsection 1, paragraph R
42 in a capacity or capacities specified in subsection 1 or purchased by other than the
43 repayment of a refund and eligibility to make the purchase of the service credit,
44 including, but not limited to, service credit for military service, was achieved
45 before July 1, 1998 for employees identified in subsection 1, paragraphs A to H;
46 before January 1, 2000 for employees identified in subsection 1, paragraphs I to K;
47 before January 1, 2002 for employees identified in subsection 1, paragraph L; Page 4 - 131LR0688(01)
48 before July 1, 2002 for employees identified in subsection 1, paragraph M; before
49 July 1, 2020 for employees identified in subsection 1, paragraphs N to P; and before
50 October 1, 2021 for employees identified in subsection 1, paragraph Q; and before
51 October 1, 2023 for employees identified in subsection 1, paragraph R, must be
52 computed under section 17852, subsection 1, paragraph A. If the member is
53 qualified under subsection 2, paragraph B and:
7 (a) Had 10 years of creditable service on July 1, 1993, the amount of the
8 segment or segments must be reduced as provided in section 17852, subsection
9 3, paragraphs A and B; or
10 (b) Had fewer than 10 years of creditable service on July 1, 1993, the amount
11 of the segment or segments must be reduced as provided in section 17852,
12 subsection 3‑A; and
13 (2) The segment that reflects creditable service earned after June 30, 1998 and
14 before September 1, 2002 for employees identified in subsection 1, paragraphs A
15 and B; after June 30, 1998 for employees identified in subsection 1, paragraphs C
16 to H; after December 31, 1999 for employees identified in subsection 1, paragraphs
17 I to K; after December 31, 2001 for employees identified in subsection 1, paragraph
18 L; after June 30, 2002 for employees identified in subsection 1, paragraph M; after
19 June 30, 2020 for employees identified in subsection 1, paragraphs N to P; and
20 after September 30, 2021 for employees identified in subsection 1, paragraph Q;
21 and after September 30, 2023 for employees identified in subsection 1, paragraph
22 R or purchased by repayment of an earlier refund of accumulated contributions for
23 service after June 30, 1998 and before September 1, 2002 for employees identified
24 in subsection 1, paragraphs A and B; after June 30, 1998 for employees identified
25 in subsection 1, paragraphs C to H; after December 31, 1999 for employees
26 identified in subsection 1, paragraphs I to K; after December 31, 2001 for
27 employees identified in subsection 1, paragraph L; after June 30, 2002 for
28 employees identified in subsection 1, paragraph M; after June 30, 2020 for
29 employees identified in subsection 1, paragraphs N to P; and after September 30,
30 2021 for employees identified in subsection 1, paragraph Q; and after September
31 30, 2023 for employees identified in subsection 1, paragraph R in any one or a
32 combination of the capacities specified in subsection 1, or purchased by other than
33 the repayment of a refund and eligibility to make the purchase of the service credit,
34 including, but not limited to, service credit for military service, was achieved after
35 June 30, 1998 and before September 1, 2002 for employees identified in subsection
36 1, paragraphs A and B; after June 30, 1998 for employees identified in subsection
37 1, paragraphs C to H; after December 31, 1999 for employees identified in
38 subsection 1, paragraphs I to K; after December 31, 2001 for employees identified
39 in subsection 1, paragraph L; after June 30, 2002 for employees identified in
40 subsection 1, paragraph M; after June 30, 2020 for employees identified in
41 subsection 1, paragraphs N to P; and after September 30, 2021 for employees
42 identified in subsection 1, paragraph Q; and after September 30, 2023 for
43 employees identified in subsection 1, paragraph R must be computed under section
44 17852, subsection 1, paragraph A. If the member is qualified under subsection 2,
45 paragraph B and:
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1 (a) Had 10 years of creditable service on July 1, 1993, the segment amount
2 must be reduced in the manner provided in section 17852, subsection 3,
3 paragraphs A and B for each year that the member's age precedes 55 years of
4 age; or
5 (b) Had fewer than 10 years of creditable service on July 1, 1993, the segment
6 amount must be reduced by 6% for each year that the member's age precedes
7 55 years of age.
8 is enacted to read:
9 G. The service retirement benefit of a member to whom subsection 1, paragraph R
10 applies and who qualifies for service retirement benefits under subsection 2 must be
11 computed under section 17852, subsection 1, paragraph A on the basis of all of the
12 member's creditable service in the capacity specified in subsection 1, paragraph R,
13 regardless of when that creditable service was earned, except that for a member
14 qualifying under subsection 2, paragraph B:
15 (1) If the member had 10 years of service on July 1, 1993, the benefit must be
16 reduced as provided in section 17852, subsection 3, paragraphs A and B for each
17 year the member's age precedes 55 years of age; or
18 (2) If the member had fewer than 10 years of creditable service on July 1, 1993,
19 the benefit must be reduced by 6% for each year that the member's age precedes
20 55 years of age.
21 as amended by PL 2021, c. 474, §10, is further
22 amended to read:
23 subchapter 3 to the
24 contrary, after June 30, 1998 and before September 1, 2002 for employees identified in
25 subsection 1, paragraphs A and B; after June 30, 1998 for employees identified in
26 subsection 1, paragraphs C to H; after December 31, 1999 for employees identified in
27 subsection 1, paragraphs I to K; after December 31, 2001 for employees identified in
28 subsection 1, paragraph L; after June 30, 2002 for employees identified in subsection 1,
29 paragraph M; after June 30, 2020 for employees identified in subsection 1, paragraphs N
30 to P; and after September 30, 2021 for employees identified in subsection 1, paragraph Q;
31 and after September 30, 2023 for employees identified in subsection 1, paragraph R, a
32 member in the capacities specified in subsection 1 must contribute to the State Employee
33 and Teacher Retirement Program or have pick-up contributions made at the rate of 8.65%
34 of earnable compensation until the member has completed 25 years of creditable service as
35 provided in this section and at the rate of 7.65% thereafter.
36 If an employee described in the Maine Revised Statutes, Title
37 5, section 17851-A, subsection 1, paragraph R who is employed on October 1, 2023 elects
38 to participate in the 1998 Special Plan of the Maine Public Employees Retirement System,
39 as provided in Title 5, section 17851-A, subsection 1, that employee must make that
40 election no later than December 31, 2023 and that employee's participation in the 1998
41 Special Plan becomes effective January 1, 2024. Page 6 - 131LR0688(01)
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2 This bill adds employees who provide crisis outreach and services to adults with
3 developmental disabilities or intellectual disabilities in a community-based or residential
4 setting, except for an institutional setting, to the 1998 Special Plan for certain Maine Public
5 Employees Retirement System members.
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