Sec. C-1. 5 MRSA §17852, sub-§13, as enacted by PL 1997, c. 401, §3, is amended to read:
13. Fire marshals; option. The retirement benefit of a person who qualifies under section 17851, subsection 13 and who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if:
A. The person was first employed as a fire marshal on or after October 1, 1997, elects the option provided in section 17851, subsection 13 and pays to the retirement system an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or
B. The person was first employed as a fire marshal before October 1, 1997, elects the option provided in section 17851, subsection 13 and pays to the retirement system a single payment or periodic payments of a lump sum or a combination of single and periodic payments of that amount that equals the full actuarial cost of electing that option for service before that date.
A person who requests calculation of the full actuarial cost, regardless of whether the person elects the option, must pay to the retirement system by a single lump sum payment the reasonable administrative costs of determining the full actuarial costs. Payment of the full actuarial cost related to service on or after
November 1, 1997 October 1, 1997 is made as part of the employee payroll contribution.
For the purposes of this subsection, "full actuarial cost" means that the person's payment or payments must fully offset any unfunded liability that would or does result from retirement under the option provided in section 17851, subsection 13 and must fully fund the cost of the person's retirement prior to normal retirement age so that an additional employer contribution is not required.
A person who makes the election provided in section 17851, subsection 13 at any time after the date on which the person is first employed as a fire marshal must include interest, at a rate to be set by the board not to exceed regular interest by 5 or more percentage points, applied as of the date on which the person was first employed in that capacity to the contributions the person would have paid or had picked up by the employer had the person elected that option at the date of first employment.
This subsection takes effect October 1, 1997. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a fire marshal on or after October 1, 1997 must make the election no later than 90 days after the date of first employment. A person who was first employed in that capacity before October 1, 1997 must make the election no later than January 1, 1998.
Sec. C-2. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 5, section 17852, subsection 13 applies retroactively to September 19, 1997.
Sec. C-3. 18-A MRSA §2-901, as amended by PL 1997, c. 76, §1, is further amended to read:
§2-901. Disposition of will deposited with court
During the testator's lifetime a A will deposited for safekeeping with the court in the office of the register of probate must before September 19, 1997 may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and left on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that designated person on request; or the court may deliver the will to the appropriate court. The court may not accept a will for safekeeping after September 19, 1997.
Sec. C-4. Retroactivity. The section of this Act amending the Maine Revised Statutes, Title 18-A, section 2-901 applies retroactively to September 19, 1997.
Sec. C-5. 18-A MRSA §5-507, as corrected by RR 1997, c. 1, §13, is repealed.
Sec. C-6. 18-A MRSA §5-508, as renumbered by RR 1997, c. 1, §13, is repealed and the following enacted in its place:
§5-508. Durable financial power of attorney
(a) A durable financial power of attorney is a durable power of attorney by which a principal designates another as attorney-in-fact to make decisions on the principal's behalf in matters concerning the principal's finances, property or both. In the exercise of the powers conferred under a durable financial power of attorney, an attorney-in-fact shall act as a fiduciary under the standards of care applicable to trustees as described by section 7-302.
(b) An attorney-in-fact is not authorized to make gifts to the attorney-in-fact or to others unless the durable financial power of attorney explicitly authorizes such gifts.
(c) A durable financial power of attorney must be notarized by a notary public or an attorney-at-law.
(d) A durable financial power of attorney must contain the following language:
"Notice to the Principal: As the "Principal," you are using this Durable Power of Attorney to grant power to another person (called the "Agent" or "Attorney-in-fact") to make decisions about your money, property or both and to use your money, property or both on your behalf. If this written Durable Power of Attorney does not limit the powers that you give your Agent, your Agent will have broad and sweeping powers to sell or otherwise dispose of your property and spend your money without advance notice to you or approval by you. Under this document, your Agent will continue to have these powers after you become incapacitated, and you may also choose to authorize your Agent to use these powers before you become incapacitated. The powers that you give your Agent are explained more fully in the Maine Revised Statutes, Title 18-A, sections 5-501 to 5-508 and in Maine case law. You have the right to revoke or take back this Durable Power of Attorney at any time as long as you are of sound mind. If there is anything about this Durable Power of Attorney that you do not understand, you should ask a lawyer to explain it to you.
Notice to the Agent: As the "Agent" or "Attorney-in-fact," you are given power under this Durable Power of Attorney to make decisions about the money, property or both belonging to the Principal and to
spend the Principal's money, property or both on that person's behalf in accordance with the terms of this Durable Power of Attorney. This Durable Power of Attorney is valid only if the Principal is of sound mind when the Principal signs it. As the Agent, you are under a duty (called a "fiduciary duty") to observe the standards observed by a prudent person dealing with the property of another. The duty is explained more fully in the Maine Revised Statutes, Title 18-A, sections 5-501 to 5-508 and 7-302 and in Maine case law. As the Agent, you are not entitled to use the money or property for your own benefit or to make gifts to yourself or others unless the Durable Power of Attorney specifically gives you the authority to do so. As the Agent, your authority under this Durable Power of Attorney will end when the Principal dies and you will not have the authority to administer the estate unless you are authorized to do so in accordance with the Maine Probate Code. If you violate your fiduciary duty under this Durable Power of Attorney, you may be liable for damages and may be subject to criminal prosecution. If there is anything about this Durable Power of Attorney or your duties under it that you do not understand, you should ask a lawyer to explain it to you."
This language does not confer powers not otherwise contained in the durable financial power of attorney.
(e) Subject to the requirements of subsection (b), the generality powers of an attorney-in-fact in a power of attorney that contains language appointing the attorney-in-fact to care for, manage, control and handle all of the principal's business, financial, property and personal affairs in as full and complete a manner as the principal might do is not limited by the inclusion in the power of attorney of a list of the specific powers granted to the attorney-in-fact.
(f) A power of attorney that contains a grant of general authority referred to in subsection (e) does not create a power of attorney for health care unless the power of attorney explicitly authorizes the attorney-in-fact to make health care decisions.
(g) The requirements of subsections (b), (c) and (d) do not render ineffective a durable financial power of attorney validly executed prior to September 19, 1997.
Sec. C-7. 19-A MRSA §4011, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
1. Crime committed. Except as provided in subsection 2, violation of the following is a Class D crime, when the defendant has prior actual notice, which may be notice by means other than service in hand, of the order or agreement:
A. A temporary, emergency, interim or final protective order, an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation or a similar order issued by a court of the United States or of another state, territory, commonwealth or tribe; or
B. A court-approved consent agreement, when the defendant has prior actual notice, which may be notice by means other than service in hand, of the order or agreement.
Sec. C-8. Retroactivity. The section of this Act that amends the Maine Revised Statutes, Title 19-A, section 4011, subsection 1 is retroactive to October 1, 1997.
Sec. C-9. 22 MRSA §3811, sub-§4, as enacted by PL 1993, c. 654, §1 and as amended by PL 1997, c. 530, Pt. A, §34, is further amended to read:
4. Program benefits. "Program benefits" means money payments or food coupons issued by the department pursuant to an application for benefits made by an individual to either Temporary Assistance for Needy Families Aid to Families with Dependent Children established in former chapter 1053 or, the food stamp program established in chapter 851 or the Temporary Assistance to Needy Families program established in chapter 1053-A.
Sec. C-10. Retroactivity. The section of this Act that amends the Maine Revised Statutes, Title 22, section 3811, subsection 4 is retroactive to June 12, 1997.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
