APPROVED CHAPTER
JUNE 22, 2023 246
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 134 - L.D. 313
An Act to Allow Game Wardens to Transfer Retirement Service, Allow
Certain Employees of Participating Local Districts to Purchase Service
Credit and Allow Transfer of Membership from the State Employee
Retirement Plan to Another Plan
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17656, sub-§1, as amended by PL 2007, c. 542, §§1 and 2, is
further amended to read:
1. Reemployment with new employer. Membership of a member who is reemployed
with a new employer, or who transfers from one state employee plan to another state
employee plan, is governed as follows:
A. Any member of the State Employee and Teacher Retirement Program or the
Participating Local District Retirement Program whose service is terminated as a state
employee, teacher or participating local district employee and who becomes employed
as a state employee, teacher or participating local district employee with a new
employer or who transfers from one state employee plan to another state employee plan
shall, if the member has not previously withdrawn the member's accumulated
contributions:
(1) Have the membership transferred to the member's account with the new
employer or new plan; and
(2) Be entitled to all benefits that:
(a) Are based on creditable service and earnable compensation with the
previous employer or previous plan and the provisions of this Part in effect
with respect to the previous employer or previous plan at the date of
termination of service by the member; and
(b) Do not require additional contributions by the new employer.
B. The new employer or new plan may elect to include the creditable service and
earnable compensation of the member with the previous employer with the creditable
service and earnable compensation with the new employer. If that election is made, the
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 new employer shall make, from time to time, whatever contributions are necessary to
provide the benefits under the applicable retirement program for the member as have
accrued to the member by reason of the member's previous employment and as may
accrue to the member by reason of the member's new employment.
C. If the new employer makes the election provided under paragraph B, or the member
makes the election provided under paragraph D, all funds in the applicable retirement
program contributed by the member's former employer or under the previous plan on
account of the member's previous employment must be transferred to the account of
the new employer or new plan and must be used to liquidate the liability incurred by
reason of the previous employment.
D. Notwithstanding paragraph A, a member of the Maine Public Employees
Retirement System who is a game warden, a law enforcement officer as defined in Title
25, section 2801‑A, subsection 5, or a state firefighter, whose previous membership
was based upon employment as a municipal firefighter as defined in section 286‑M, a
game warden, a law enforcement officer or a state firefighter, or their employer, may
elect to make the contribution necessary to include all or part of the member's creditable
service and earnable compensation from the prior plan in the new plan, including a
transfer from one state employee plan to a different state employee plan. For members
moving from one state employee plan to another state employee plan, no separation of
service or reemployment is necessary. The retirement system shall establish
procedures for determining the contribution necessary for such a member to carry
forward all or part of the creditable service and earnable compensation from a prior
plan or plans. For purposes of this paragraph, "state firefighter" means a person
employed by the State with the primary responsibility of aiding in the extinguishment
of fires and includes a member of emergency medical services line personnel as defined
in section 286‑M, subsection 2, paragraph H. For purposes of this paragraph, "game
warden" means a person appointed by the Commissioner of Inland Fisheries and
Wildlife pursuant to Title 12, section 10351, subsection 1.
Sec. 2. Former participating local district employee may purchase service
credit. A former employee of a local district who was not permitted to become a member
of the Participating Local District Retirement Program when the local district resumed
participation in the program under the Maine Revised Statutes, Title 5, section 18254-A
because the former employee previously elected not to maintain membership when the
local district withdrew from participation and who has become a member as an employee
of another local district may purchase the service credit under Title 5, section 18252-A,
subsection 1, paragraph E and Title 5, section 18254, subsection 1 if the employee is still
employed by the local district. The purchase of service credit under this section must be
completed by December 31, 2023.
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Statutes affected:
Bill Text ACTPUB , Chapter 246: 5.17656