Previous PageTable Of ContentsNext Page

PUBLIC LAWS OF MAINE
Second Special Session of the 118th

CHAPTER 740

H.P. 1304 - L.D. 1847

An Act to Modify the Retirement Laws for Certain Law Enforcement Officers

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the full actuarial costs of modification of retirement laws for certain law enforcement officers must be paid before those provisions can become law;

     Whereas, the Legislature desires to create a Service Retirement Benefit Reserve in the General Fund in order to accrue sufficient funds to pay those full actuarial costs, and further desires to fund that reserve with money otherwise payable to the Retirement Allowance Fund from unappropriated surplus at the close of fiscal year 1997-98;

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 5 MRSA §17708, sub-§2, as amended by PL 1987, c. 739, §§20 and 48, is further amended to read:

     2. Before September 16, 1984. A state police officer who was first employed by that department after July 9, 1943, but before September 1 16, 1984, shall contribute to the retirement system or have pick-up contributions made by the employer as follows:

     Sec. 2. 5 MRSA §17708, sub-§3, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

     3. After September 15, 1984. A state police officer who was first employed by that department after August 31 September 15, 1984, shall contribute to the retirement system as follows:

     Sec. 3. 5 MRSA §17851, sub-§4, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

     4. State police. A state police officer qualifies for a service retirement benefit if he that state police officer:

     Sec. 4. Service Retirement Benefit Reserve; established. Notwithstanding the Maine Revised Statutes, Title 5, section 1517, there is established in the General Fund the Service Retirement Benefit Reserve for the purpose of accumulating funds that would otherwise be payable to the Retirement Allowance Fund. The Service Retirement Benefit Reserve must be used to reserve funds that, at the sole discretion of the Legislature, may be appropriated to meet the full actuarial costs arising from the implementation of sections 1 to 3 of this Act. Any funds remaining in the Service Retirement Benefit Reserve at the end of each fiscal year must be carried forward to be used for the same purposes. Expenditures may not be made from this reserve and appropriations may not be considered to be made to the Retirement Allowance Fund or the Maine State Retirement System from this reserve, without a further authorization of the Legislature.

     Sec. 5. Funding of Service Retirement Benefit Reserve. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, section 1517, the following provisions control the transfer of funds that would otherwise qualify for transfer of the Retirement Allowance Fund from unappropriated surplus of the General Fund. At the close of fiscal year 1997-98 and fiscal year 1998-99, the State Controller shall transfer from the unappropriated surplus of the General Fund money to the Retirement Allowance Fund that satisfies the requirements of Public Law 1997, chapter 643, Part X, section 1. Any excess remaining funds that would otherwise qualify for transfer to the Retirement Allowance Fund under Title 5, section 1517 must instead be transferred to the Service Retirement Benefit Reserve established in section 4 of this Act, up to the amount of $2,820,000, or any additional amount certified by the Maine State Retirement System as the full actuarial cost of implementing sections 1 to 3 of this Act. Any remaining funds not needed to meet the requirements described in this section must be transferred to the Retirement Allowance Fund for the purposes described in Title 5, section 1517.

     Sec. 6. Effective date. The provisions of sections 1 to 3 of this Act do not take effect unless and until the Legislature takes additional action to direct payment of the full actuarial costs of those provisions to the Maine State Retirement System. The full actuarial costs of those provisions are currently estimated to be $2,820,000 if paid by July 1, 1998, but must be adjusted upward if paid after that date. Sections 1 to 3 may not be construed to create any contractual claim or right or any other claim for any state employee. Sections 4 and 5 and this section of this Act become effective immediately upon enactment.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective April 14, 1998, unless otherwise indicated.

Revisor of Statutes Homepage Subject Index Search Laws of Maine Maine Legislature

About the Laws Of Maine

Previous PageTop Of PageTable Of ContentsNext Page

Office of the Revisor of Statutes
State House, Room 108
Augusta, Maine 04333
(207) 287-1650 Fax: (207) 287-6468

Contact the Office of the Revisor of Statutes