APPROVED CHAPTER
JULY 26, 2023 436
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 300 - L.D. 483
An Act to Amend the Laws Governing Retirement Benefit Reductions for
Certain Employees Currently Included in the 1998 Special Plan
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Computation of service retirement benefits for certain employees
of the Department of Corrections. Notwithstanding the Maine Revised Statutes, Title
5, section 17851-A, subsection 4 or any other provision of law to the contrary, the service
retirement benefit of a qualified member must be computed on the basis of all of the
qualified member's creditable service in the capacity specified in Title 5, section 17851-A,
subsection 1, paragraph I, regardless of when that creditable service was earned, except
that for a member qualifying for a retirement benefit under Title 5, section 17851-A,
subsection 2, paragraph B:
1. If the member had 10 years of creditable service on July 1, 1993, the benefit must
be reduced as provided in Title 5, 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. 2. Qualified member; definition. As used in this Act, "qualified member"
means a member on the effective date of this Act to whom the Maine Revised Statutes,
Title 5, section 17851-A, subsection 1, paragraph I applies and who:
1. Was employed by the Department of Corrections prior to January 1, 2000; and
2. Notwithstanding Title 5, section 17851-A, subsection 1, paragraph E, on the
effective date of this Act is employed in a position with the title of:
A. Director or chief of security;
B. Correctional captain or lieutenant;
C. Corrections unit manager;
D. Chief correctional industries manager or correctional industries manager;
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E. Correctional building maintenance supervisor, correctional electrician supervisor or
correctional maintenance mechanic;
F. Chief corrections firearms instructor; or
G. Juvenile facilities operations supervisor or juvenile program manager.
As used in this Act, the terms "creditable service," "member" and "retirement benefit"
have the same meanings as in Title 5, section 17001.
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
RETIREMENT SYSTEM, MAINE PUBLIC EMPLOYEES
Retirement System - Retirement Allowance Fund 0085
Initiative: Provides one-time funds for the increase in the unfunded actuarial liability as a
result of allowing the service retirement benefits for certain employees in the Department
of Corrections earned under the regular state employee and teacher plan to be calculated
under the 1998 Special Plan.
GENERAL FUND 2023-24 2024-25
All Other $0 $170,054
__________ __________
GENERAL FUND TOTAL $0 $170,054
Sec. 4. Effective date. This Act takes effect July 1, 2024.
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