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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 579S.P. 260 In Senate, February 25, 2025
An Act to Include Certain Mental Health Workers Under the 1998
Special Plan for Retirement
Received by the Secretary of the Senate on February 19, 2025. Referred to the Committee
on Labor pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIPPING of Penobscot.
Cosponsored by Representative ROEDER of Bangor and
Senator: BRADSTREET of Kennebec, Representative: DRINKWATER of Milford. Page 1 - 132LR1673(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 amended by PL 2023, c. 412, Pt. IIII,
7 §1, is further amended to read:
8 Q. Until July 31, 2024, civilian employees whose job responsibilities include the
9 handling, examination or analysis of digital or physical evidence in the employment of
10 the Department of Public Safety, Maine State Police Crime Laboratory or computer
11 crimes unit on October 1, 2021 or hired thereafter.;
12 is enacted to read:
13 R. Persons in the employment of the Department of Health and Human Services on
14 October 1, 2025 or hired thereafter who have responsibility for providing direct care to
15 persons in need of mental health services in a community-based or residential setting
16 or to residents or patients of mental health institutions in this State. For purposes of
17 this paragraph, "direct care" means services or treatment essential to a person's security,
18 health or well-being, except for case management services; and
19 is enacted to read:
20 S. Persons in the employment of the Department of Health and Human Services on
21 October 1, 2025 or hired thereafter who have responsibility for providing crisis
22 outreach and crisis services to adults with developmental disabilities or intellectual
23 disabilities in a community-based or residential setting, except for an institutional
24 setting.
25 as amended by PL 2021, c. 474, §6, is further
26 amended to read:
27
28 the capacities specified in subsection 1 after June 30, 1998 and before September 1, 2002
29 for employees identified in subsection 1, paragraphs A and B; after June 30, 1998 for
30 employees identified in subsection 1, paragraphs C to H; after December 31, 1999 for
31 employees identified in subsection 1, paragraphs I to K; any employee identified in
32 subsection 1, paragraph M; after June 30, 2020 for employees identified in subsection 1,
33 paragraphs N to P; after September 30, 2021 for employees identified in subsection 1,
34 paragraph Q; after September 30, 2025 for employees identified in subsection 1, paragraphs
35 R and S; and any employee identified in subsection 1, paragraph L, qualifies for a service
36 retirement benefit if that member either:
37 A. Is at least 55 years of age and has completed at least 10 years of creditable service
38 under the 1998 Special Plan in any one or a combination of the capacities; or
39 B. Has completed at least 25 years of creditable service in any one or a combination
40 of the capacities specified in subsection 1, whether or not the creditable service
41 included in determining that the 25-year requirement has been met was earned under
42 the 1998 Special Plan or prior to its establishment. Page 2 - 132LR1673(01)
1 as amended by PL 2021, c. 474, §7, is
2 further amended by amending subparagraph (1) to read:
3 (1) Service credit purchased by repayment of an earlier refund of accumulated
4 contributions following termination of service is included only to the extent that
5 time to which the refund relates was served after June 30, 1998 and before
6 September 1, 2002 for employees identified in subsection 1, paragraphs A and B;
7 after June 30, 1998 for employees identified in subsection 1, paragraphs C to H;
8 after December 31, 1999 for employees identified in subsection 1, paragraphs I to
9 K; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P;
10 and after September 30, 2021 for employees identified in subsection 1, paragraph
11 Q in any one or a combination of the capacities specified in subsection 1. Service
12 credit may be purchased for service by an employee identified in subsection 1,
13 paragraphs L and , M, R and S regardless of when performed; and
14 as amended by PL 2021, c. 474, §8, is
15 further amended to read:
16 A. If all of the member's creditable service in any one or a combination of the
17 capacities specified in subsection 1 was earned after June 30, 1998 and before
18 September 1, 2002 for employees identified in subsection 1, paragraphs A and B; after
19 June 30, 1998 for employees identified in subsection 1, paragraphs C to H; after
20 December 31, 1999 for employees identified in subsection 1, paragraphs I to K; after
21 December 31, 2001 for employees identified in subsection 1, paragraph L; after June
22 30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020
23 for employees identified in subsection 1, paragraphs N to P; and after September 30,
24 2021 for employees identified in subsection 1, paragraph Q; and after September 30,
25 2025 for employees identified in subsection 1, paragraphs R and S; if service credit
26 was purchased by repayment of an earlier refund of accumulated contributions for
27 service in any one or a combination of the capacities specified in subsection 1 after
28 June 30, 1998 and before September 1, 2002 for employees identified in subsection 1,
29 paragraphs A and B; after June 30, 1998 for employees identified in subsection 1,
30 paragraphs C to H; after December 31, 1999 for employees identified in subsection 1,
31 paragraphs I to K; after December 31, 2001 for employees identified in subsection 1,
32 paragraph L; after June 30, 2002 for employees identified in subsection 1, paragraph
33 M; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; and
34 after September 30, 2021 for employees identified in subsection 1, paragraph Q; and
35 after September 30, 2025 for employees identified in subsection 1, paragraphs R and
36 S; or if service credit was purchased by other than the repayment of an earlier refund
37 and eligibility to make the purchase of the service credit, including, but not limited to,
38 service credit for military service, was achieved after June 30, 1998 and before
39 September 1, 2002 for employees identified in subsection 1, paragraphs A and B; after
40 June 30, 1998 for employees identified in subsection 1, paragraphs C to H; after
41 December 31, 1999 for employees identified in subsection 1, paragraphs I to K; after
42 December 31, 2001 for employees identified in subsection 1, paragraph L; after June
43 30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020
44 for employees identified in subsection 1, paragraphs N to P; and after September 30,
45 2021 for employees identified in subsection 1, paragraph Q; and after September 30, Page 3 - 132LR1673(01)
46 2025 for employees identified in subsection 1, paragraphs R and S, the benefit must be
47 computed as provided in section 17852, subsection 1, paragraph A.
3 (1) If the member had 10 years of creditable service on July 1, 1993, the benefit
4 under subsection 2, paragraph B must be reduced as provided in section 17852,
5 subsection 3, paragraphs A and B.
6 (2) If the member had fewer than 10 years of creditable service on July 1, 1993,
7 the benefit under subsection 2, paragraph B must be reduced by 6% for each year
8 that the member's age precedes 55 years of age.
9 as amended by PL 2021, c. 474, §9, is
10 further amended to read:
11 B. Except as provided in paragraphs D, E and, F and G, if some part of the member's
12 creditable service in any one or a combination of the capacities specified in subsection
13 1 was earned before July 1, 1998 for employees identified in subsection 1, paragraphs
14 A to H; before January 1, 2000 for employees identified in subsection 1, paragraphs I
15 to K; before January 1, 2002 for employees identified in subsection 1, paragraph L;
16 before July 1, 2002 for employees identified in subsection 1, paragraph M; before July
17 1, 2020 for employees identified in subsection 1, paragraphs N to P; and before October
18 1, 2021 for employees identified in subsection 1, paragraph Q; and before October 1,
19 2025 for employees identified in subsection 1, paragraphs R and S and some part of
20 the member's creditable service in any one or a combination of the capacities specified
21 in subsection 1 was earned after June 30, 1998 and before September 1, 2002 for
22 employees identified in subsection 1, paragraphs A and B; after June 30, 1998 for
23 employees identified in subsection 1, paragraphs C to H; after December 31, 1999 for
24 employees identified in subsection 1, paragraphs I to K; after December 31, 2001 for
25 employees identified in subsection 1, paragraph L; after June 30, 2002 for employees
26 identified in subsection 1, paragraph M; after June 30, 2020 for employees identified
27 in subsection 1, paragraphs N to P; and after September 30, 2021 for employees
28 identified in subsection 1, paragraph Q; and after September 30, 2025 for employees
29 identified in subsection 1, paragraphs R and S, then the member's service retirement
30 benefit must be computed in segments and the amount of the member's service
31 retirement benefit is the sum of the segments. The segments must be computed as
32 follows:
33 (1) The segment or, if the member served in more than one of the capacities
34 specified in subsection 1 and the benefits related to the capacities are not
35 interchangeable under section 17856, segments that reflect creditable service
36 earned before July 1, 1998 for employees identified in subsection 1, paragraphs A
37 to H; before January 1, 2000 for employees identified in subsection 1, paragraphs
38 I to K; before January 1, 2002 for employees identified in subsection 1, paragraph
39 L; before July 1, 2002 for employees identified in subsection 1, paragraph M;
40 before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
41 and before October 1, 2021 for employees identified in subsection 1, paragraph Q;
42 and before October 1, 2025 for employees identified in subsection 1, paragraphs R
43 and S or purchased by repayment of an earlier refund of accumulated contributions
44 for service before July 1, 1998, for employees identified in subsection 1,
45 paragraphs A to H; before January 1, 2000 for employees identified in subsection
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46 1, paragraphs I to K; before January 1, 2002 for employees identified in subsection
47 1, paragraph L; before July 1, 2002 for employees identified in subsection 1,
48 paragraph M; before July 1, 2020 for employees identified in subsection 1,
49 paragraphs N to P; and before October 1, 2021 for employees identified in
50 subsection 1, paragraph Q; and before October 1, 2025 for employees identified in
51 subsection 1, paragraphs R and S in a capacity or capacities specified in subsection
52 1 or purchased by other than the repayment of a refund and eligibility to make the
53 purchase of the service credit, including, but not limited to, service credit for
54 military service, was achieved before July 1, 1998 for employees identified in
55 subsection 1, paragraphs A to H; before January 1, 2000 for employees identified
56 in subsection 1, paragraphs I to K; before January 1, 2002 for employees identified
57 in subsection 1, paragraph L; before July 1, 2002 for employees identified in
58 subsection 1, paragraph M; before July 1, 2020 for employees identified in
59 subsection 1, paragraphs N to P; and before October 1, 2021 for employees
60 identified in subsection 1, paragraph Q; and before October 1, 2025 for employees
61 identified in subsection 1, paragraphs R and S, must be computed under section
62 17852, subsection 1, paragraph A. If the member is qualified under subsection 2,
63 paragraph B and:
19 (a) Had 10 years of creditable service on July 1, 1993, the amount of the
20 segment or segments must be reduced as provided in section 17852, subsection
21 3, paragraphs A and B; or
22 (b) Had fewer than 10 years of creditable service on July 1, 1993, the amount
23 of the segment or segments must be reduced as provided in section 17852,
24 subsection 3‑A
25 (2) The segment that reflects creditable service earned after June 30, 1998 and
26 before September 1, 2002 for employees identified in subsection 1, paragraphs A
27 and B; after June 30, 1998 for employees identified in subsection 1, paragraphs C
28 to H; after December 31, 1999 for employees identified in subsection 1, paragraphs
29 I to K; after December 31, 2001 for employees identified in subsection 1, paragraph
30 L; after June 30, 2002 for employees identified in subsection 1, paragraph M; after
31 June 30, 2020 for employees identified in subsection 1, paragraphs N to P; and
32 after September 30, 2021 for employees identified in subsection 1, paragraph Q;
33 and after September 30, 2025 for employees identified in subsection 1, paragraphs
34 R and S or purchased by repayment of an earlier refund of accumulated
35 contributions for service after June 30, 1998 and before September 1, 2002 for
36 employees identified in subsection 1, paragraphs A and B; after June 30, 1998 for
37 employees identified in subsection 1, paragraphs C to H; after December 31, 1999
38 for employees identified in subsection 1, paragraphs I to K; after December 31,
39 2001 for employees identified in subsection 1, paragraph L; after June 30, 2002 for
40 employees identified in subsection 1, paragraph M; after June 30, 2020 for
41 employees identified in subsection 1, paragraphs N to P; and after September 30,
42 2021 for employees identified in subsection 1, paragraph Q; and after September
43 30, 2025 for employees identified in subsection 1, paragraphs R and S in any one
44 or a combination of the capacities specified in subsection 1, or purchased by other
45 than the repayment of a refund and eligibility to make the purchase of the service
46 credit, including, but not limited to, service credit for military service, was
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47 achieved after June 30, 1998 and before September 1, 2002 for employees
48 identified in subsection 1, paragraphs A and B; after June 30, 1998 for employees
49 identified in subsection 1, paragraphs C to H; after December 31, 1999 for
50 employees identified in subsection 1, paragraphs I to K; after December 31, 2001
51 for employees identified in subsection 1, paragraph L; after June 30, 2002 for
52 employees identified in subsection 1, paragraph M; after June 30, 2020 for
53 employees identified in subsection 1, paragraphs N to P; and after September 30,
54 2021 for employees identified in subsection 1, paragraph Q; and after September
55 30, 2025 for employees identified in subsection 1, paragraphs R and S must be
56 computed under section 17852, subsection 1, paragraph A. If the member is
57 qualified under subsection 2, paragraph B and:
12 (a) Had 10 years of creditable service on July 1, 1993, the segment amount
13 must be reduced in the manner provided in section 17852, subsection 3,
14 paragraphs A and B for each year that the member's age precedes 55 years of
15 age; or
16 (b) Had fewer than 10 years of creditable service on July 1, 1993, the segment
17 amount must be reduced by 6% for each year that the member's age precedes
18 55 years of age.
19 is enacted to read:
20 G. The service retirement benefit of a member to whom subsection 1, paragraphs R
21 and S applies and who qualifies for service retirement benefits under subsection 2 must
22 be computed under section 17852, subsection 1, paragraph A on the basis of all of the
23 member's creditable service in the capacity specified in subsection 1, paragraphs R and
24 S, regardless of when that creditable service was earned, except that for a member
25 qualifying under subsection 2, paragraph B:
26 (1) If the member had 10 years of service on July 1, 1993, the benefit must be
27 reduced as provided in section 17852, subsection 3, paragraphs A and B for each
28 year the member's age precedes 55 years of age; or
29 (2) If the member had fewer than 10 years of creditable service on July 1, 1993,
30 the benefit must be reduced by 6% for each year that the member's age precedes
31 55 years of age.
32 as amended by PL 2021, c. 474, §10, is
33 further amended to read:
34 subchapter 3 to the
35 contrary, after June 30, 1998 and before September 1, 2002 for employees identified in
36 subsection 1, paragraphs A and B; after June 30, 1998 for employees identified in
37 subsection 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 in
39 subsection 1, paragraph L; after June 30, 2002 for employees identified in subsection 1,
40 paragraph M; after June 30, 2020 for employees identified in subsection 1, paragraphs N
41 to P; and after September 30, 2021 for employees identified in subsection 1, paragraph Q;
42 and after September 30, 2025 for employees identified in subsection 1, paragraphs R and
43 S, a member in the capacities specified in subsection 1 must contribute to the State
44 Employee and Teacher Retirement Program or have pick-up contributions made at the rate
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45 of 8.65% of earnable compensation until the member has completed 25 years of creditable
46 service as provided in this section and at the rate of 7.65% thereafter.
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4 This bill adds employees of the Department of Health and Human Services employed
5 on October 1, 2025 or hired thereafter who provide direct care to persons in need of mental
6 health services in a community-based or residential setting or to residents or patients of
7 mental health institutions in this State or have responsibility for providing crisis outreach
8 and crisis services to adults with developmental disabilities or intellectual disabilities in a
9 community-based or residential setting to the 1998 Special Plan for certain Maine Public
10 Employees Retirement System members.
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