Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                  FIRST REGULAR SESSION-2021
Legislative Document                                                                No. 1041
S.P. 331                                                          In Senate, March 10, 2021
           An Act To Include Certain Mental Health 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.
                                      Printed on recycled paper
 Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 5 MRSA §17851-A, sub-§1, ¶K, as amended by PL 2019, c. 482, §1, is
 further amended to read:
     K. The State Fire Marshal or a state fire marshal inspector in the employment of the
     Department of Public Safety on January 1, 2000 or hired thereafter or, until June 30,
     2020, a state fire marshal investigator in the employment of the Department of Public
     Safety on January 1, 2000 or hired thereafter; and
     Sec. 2. 5 MRSA §17851-A, sub-§1, ¶N, as enacted by PL 2019, c. 537, §3, is
 amended to read:
     N. Emergency communications specialists in the employment of the Department of
     Public Safety on July 1, 2020 who elect to participate in the 1998 Special Plan or hired
     thereafter.;
     Sec. 3. 5 MRSA §17851-A, sub-§1, ¶O, as reallocated by RR 2019, c. 2, Pt. A,
 §3, is amended to read:
     O. Detectives in the employment of the office of investigations within the Department
     of the Secretary of State, Bureau of Motor Vehicles on July 1, 2020 who elect to
     participate in the 1998 Special Plan or hired thereafter.;
     Sec. 4. 5 MRSA §17851-A, sub-§1, ¶P, as reallocated by RR 2019, c. 2, Pt. A,
 §4, is amended to read:
     P. Detectives in the employment of the Office of the Attorney General on July 1, 2020
     who elect to participate in the 1998 Special Plan or hired thereafter.; and
     Sec. 5. 5 MRSA §17851-A, sub-§1, ¶Q is enacted to read:
     Q. Persons in the employment of the Department of Health and Human Services on
     October 1, 2021 or hired thereafter who have responsibility for providing direct care to
     persons in need of mental health services in a community-based or residential setting
     or to residents or patients of mental health institutions in this State. For purposes of
     this paragraph, "direct care" means services or treatment essential to a person's security,
     health or well-being, except for case management services.
     Sec. 6. 5 MRSA §17851-A, sub-§2, as corrected by RR 2019, c. 2, Pt. A, §5, is
 amended to read:
     2. Qualification for benefits. A member employed in any one or a combination of
 the capacities specified in subsection 1 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; after December 31, 1999 for
 employees identified in subsection 1, paragraphs I to K; any employee identified in
 subsection 1, paragraph M; after June 30, 2020 for employees identified in subsection 1,
 paragraphs N to P; after September 30, 2021 for employees identified in subsection 1,
 paragraph Q; and any employee identified in subsection 1, paragraph L, qualifies for a
 service retirement benefit if that member either:
     A. Is at least 55 years of age and has completed at least 10 years of creditable service
     under the 1998 Special Plan in any one or a combination of the capacities; or
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    B. Has completed at least 25 years of creditable service in any one or a combination
    of the capacities specified in subsection 1, whether or not the creditable service
    included in determining that the 25-year requirement has been met was earned under
    the 1998 Special Plan or prior to its establishment.
     Sec. 7. 5 MRSA §17851-A, sub-§3, ¶A, as corrected by RR 2019, c. 2, Pt. A, §6,
 is amended by amending subparagraph (1) 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;
        after December 31, 1999 for employees identified in subsection 1, paragraphs I to
        K; and after June 30, 2020 for employees identified in subsection 1, paragraphs N
        to P 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 L and, M and Q regardless of when performed; and
    Sec. 8. 5 MRSA §17851-A, sub-§4, ¶A, as corrected by RR 2019, c. 2, Pt. A, §7,
 is amended to read:
    A. If all of the member's creditable service in any one or a combination of the
    capacities specified in subsection 1 was earned 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; after
    December 31, 1999 for employees identified in subsection 1, paragraphs I to K; after
    December 31, 2001 for employees identified in subsection 1, paragraph L; after June
    30, 2002 for employees identified in subsection 1, paragraph M; and after June 30,
    2020 for employees identified in subsection 1, paragraphs N to P; and after September
    30, 2021 for employees identified in subsection 1, paragraph Q; if service credit was
    purchased by repayment of an earlier refund of accumulated contributions for service
    in any one or a combination of the capacities specified in subsection 1 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; after December 31, 1999 for employees identified in subsection 1,
    paragraphs I to K; after December 31, 2001 for employees identified in subsection 1,
    paragraph L; after June 30, 2002 for employees identified in subsection 1, paragraph
    M; and after June 30, 2020 for employees identified in subsection 1, paragraphs N to
    P; and after September 30, 2021 for employees identified in subsection 1, paragraph
    Q; or if service credit was purchased by other than the repayment of an earlier refund
    and eligibility to make the purchase of the service credit, including, but not limited to,
    service credit for military service, was achieved 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; after
    December 31, 1999 for employees identified in subsection 1, paragraphs I to K; after
    December 31, 2001 for employees identified in subsection 1, paragraph L; after June
    30, 2002 for employees identified in subsection 1, paragraph M; and after June 30,
    2020 for employees identified in subsection 1, paragraphs N to P; and after September
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46
    30, 2021 for employees identified in subsection 1, paragraph Q, the benefit must be
47
    computed as provided in section 17852, subsection 1, paragraph A.
        (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. 9. 5 MRSA §17851-A, sub-§4, ¶B, as corrected by RR 2019, c. 2, Pt. A, §8,
 is amended to read:
    B. Except as provided in paragraphs D, E and, F and G, if some part of the member's
    creditable service in any one or a combination of the capacities specified in subsection
    1 was earned before July 1, 1998 for employees identified in subsection 1, paragraphs
    A to H; before January 1, 2000 for employees identified in subsection 1, paragraphs I
    to K; before January 1, 2002 for employees identified in subsection 1, paragraph L;
    before July 1, 2002 for employees identified in subsection 1, paragraph M; and before
    July 1, 2020 for employees identified in subsection 1, paragraphs N to P; and before
    October 1, 2021 for employees identified in subsection 1, paragraph Q and some part
    of the member's creditable service in any one or a combination of the capacities
    specified in subsection 1 was earned 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; after December 31, 1999 for
    employees identified in subsection 1, paragraphs I to K; after December 31, 2001 for
    employees identified in subsection 1, paragraph L; after June 30, 2002 for employees
    identified in subsection 1, paragraph M; and after June 30, 2020 for employees
    identified in subsection 1, paragraphs N to P; and after September 30, 2021 for
    employees identified in subsection 1, paragraph Q, then the member's service
    retirement benefit must be computed in segments and the amount of the member's
    service retirement benefit is the sum of the segments. The segments must be computed
    as follows:
        (1) The segment or, if the member served in more than one of the capacities
        specified in subsection 1 and the benefits related to the capacities are not
        interchangeable under section 17856, segments that reflect creditable service
        earned before July 1, 1998 for employees identified in subsection 1, paragraphs A
        to H; before January 1, 2000 for employees identified in subsection 1, paragraphs
        I to K; before January 1, 2002 for employees identified in subsection 1, paragraph
        L; before July 1, 2002 for employees identified in subsection 1, paragraph M; and
        before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
        and before October 1, 2021 for employees identified in subsection 1, paragraph Q
        or purchased by repayment of an earlier refund of accumulated contributions for
        service before July 1, 1998, for employees identified in subsection 1, paragraphs
        A to H; before January 1, 2000 for employees identified in subsection 1, paragraphs
        I to K; before January 1, 2002 for employees identified in subsection 1, paragraph
        L; before July 1, 2002 for employees identified in subsection 1, paragraph M; and
        before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
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46
 and before October 1, 2021 for employees identified in subsection 1, paragraph Q
47
 in a capacity or capacities specified in subsection 1 or purchased by other than the
48
 repayment of a refund and eligibility to make the purchase of the service credit,
49
 including, but not limited to, service credit for military service, was achieved
50
 before July 1, 1998 for employees identified in subsection 1, paragraphs A to H;
51
 before January 1, 2000 for employees identified in subsection 1, paragraphs I to K;
52
 before January 1, 2002 for employees identified in subsection 1, paragraph L;
53
 before July 1, 2002 for employees identified in subsection 1, paragraph M; and
54
 before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
55
 and before October 1, 2021 for employees identified in subsection 1, paragraph Q,
56
 must be computed under section 17852, subsection 1, paragraph A. If the member
57
 is qualified under subsection 2, paragraph B and:
     (a) Had 10 years of creditable service on July 1, 1993, the amount of the
     segment or segments must be reduced as provided in section 17852, subsection
     3, paragraphs A and B; or
     (b) Had fewer than 10 years of creditable service on July 1, 1993, the amount
     of the segment or segments must be reduced as provided in section 17852,
     subsection 3‑A; and
 (2) The segment that reflects creditable service earned 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; after December 31, 1999 for employees identified in subsection 1, paragraphs
 I to K; after December 31, 2001 for employees identified in subsection 1, paragraph
 L; after June 30, 2002 for employees identified in subsection 1, paragraph M; and
 after June 30, 2020 for employees identified in subsection 1, paragraphs N to P;
 and after September 30, 2021 for employees identified in subsection 1, paragraph
 Q or purchased by repayment of an earlier refund of accumulated contributions for
 service 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; after December 31, 1999 for employees
 identified in subsection 1, paragraphs I to K; after December 31, 2001 for
 employees identified in subsection 1, paragraph L; after June 30, 2002 for
 employees identified in subsection 1, paragraph M; and after June 30, 2020 for
 employees identified in subsection 1, paragraphs N to P; and after September 30,
 2021 for employees identified in subsection 1, paragraph Q in any one or a
 combination of the capacities specified in subsection 1, or purchased by other than
 the repayment of a refund and eligibility to make the purchase of the service credit,
 including, but not limited to, service credit for military service, was achieved 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; after December 31, 1999 for employees identified in
 subsection 1, paragraphs I to K; after December 31, 2001 for employees identified
 in subsection 1, paragraph L; after June 30, 2002 for employees identified in
 subsection 1, paragraph M; and after June 30, 2020 for employees identified in
 subsection 1, paragraphs N to P; and after September 30, 2021 for employees
 identified in subsection 1, paragraph Q must be computed under section 17852,
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47
        subsection 1, paragraph A.     If the member is qualified under subsection 2,
48
        paragraph B and:
            (a) Had 10 years of creditable service on July 1, 1993, the segment amount
            must be reduced in the manner provided in section 17852, subsection 3,
            paragraphs A and B for each year that the member's age precedes 55 years of
            age; or
            (b) Had fewer than 10 years of creditable service on July 1, 1993, the segment
            amount must be reduced by 6% for each year that the member's age precedes
            55 years of age.
    Sec. 10. 5 MRSA §17851-A, sub-§4, ¶G is enacted to read:
    G. The service retirement benefit of a member to whom subsection 1, paragraph Q
    applies and who qualifies for service retirement benefits under subsection 2 must be
    computed under section 17852, subsection 1, paragraph A on the basis of all of the
    member's creditable service in the capacity specified in subsection 1, paragraph Q,
    regardless of when that creditable service was earned, except that for a member
    qualifying under subsection 2, paragraph B:
        (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. 11. 5 MRSA §17851-A, sub-§5, as corrected by RR 2019, c. 2, Pt. A, §9, is
 amended to read:
     5. Contributions. Notwithstanding any other provision of subchapter 3, 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; after December 31, 1999 for employees identified in subsection 1,
 paragraphs I to K; after December 31, 2001 for employees identified in subsection 1,
 paragraph L; after June 30, 2002 for employees identified in subsection 1, paragraph M;
 and after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; and
 after September 30, 2021 for employees identified in subsection 1, paragraph Q, a member
 in the capacities specified in subsection 1 must contribute to the State Employee and
 Teacher Retirement Program or have pick-up contri