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PUBLIC LAWS OF MAINE
First Regular Session of the 119th

CHAPTER 493

H.P. 978 - L.D. 1376

An Act to Expand the Uniform 1998 Special Retirement Plan to Include Baxter State Park Authority Rangers, Fire Marshals and Certain Additional Correctional Employees

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

     Sec. 1. 5 MRSA §17851, sub-§11, ¶B, as amended by PL 1991, c. 857, §2, is further amended to read:

     Sec. 2. 5 MRSA §17851, sub-§12, as enacted by PL 1995, c. 466, Pt. C, §2, is amended to read:

     12. Baxter State Park Authority rangers; option. A Except as provided in section 17851-A, a law enforcement officer in the employment of the Baxter State Park Authority qualifies for a service retirement benefit upon reaching 55 years of age after completing at least 25 years of creditable service in that capacity if notice of election of the option and payment of employee contributions and actuarial costs are made as provided in section 17852, subsection 11.

     Sec. 3. 5 MRSA §17851, sub-§13, as enacted by PL 1997, c. 401, §2, is amended to read:

     13. Fire marshals; option. A Except as provided in section 17851-A, a state fire marshal, state fire marshal investigator or state fire marshal inspector qualifies for a service retirement benefit upon reaching 55 years of age after completing at least 25 years of creditable service in that capacity if notice of election of the option and payment of employee contributions and actuarial costs are made as provided in section 17852, subsection 13.

     Sec. 4. 5 MRSA §17851-A, sub-§1, ¶E, as enacted by PL 1997, c. 769, §11, is amended to read:

     Sec. 5. 5 MRSA §17851-A, sub-§1, ¶¶G and H, as enacted by PL 1997, c. 769, §11, are amended to read:

     Sec. 6. 5 MRSA §17851-A, sub-§1, ¶¶I, J and K are enacted to read:

     Sec. 7. 5 MRSA §17851-A, sub-§2, as enacted by PL 1997, c. 769, §11, 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 for employees identified in subsection 1, paragraphs A to H and after December 31, 1999 for employees identified in subsection 1, paragraphs I to K, qualifies for a service retirement benefit if that member either:

     Sec. 8. 5 MRSA §17851-A, sub-§3, ¶A, as enacted by PL 1997, c. 769, §11, is amended to read:

     Sec. 9. 5 MRSA §17851-A, sub-§§4 and 5, as enacted by PL 1997, c. 769, §11, are amended to read:

     4. Computation of benefits. The amount of the service retirement benefit for members qualified under subsection 2 must be computed as follows:

     5. Contributions. Notwithstanding any other provision of subchapter III, after June 30, 1998, for employees identified in subsection 1, paragraphs A to H, and after December 31, 1999, for employees identified in subsection 1, paragraphs I to K a member in the capacities specified in subsection 1 must contribute to the retirement system or have pick-up contributions made at the rate of 8.65% of earnable compensation until the member has completed 25 years of creditable service as provided in this section and at the rate of 7.65% thereafter.

     Sec. 10. 5 MRSA §17851-A, sub-§6-A is enacted to read:

     6-A. Consequences of participation in retirement plan under section 17851, subsection 12 or 13. A member in the capacities specified in subsection 1, paragraphs J and K who, prior to January 1, 2000, elected the retirement option provided in section 17851, subsection 12 or 13 is treated as follows under the 1998 Special Plan.

Employee contributions and actuarial and administrative costs paid to the retirement system by a member covered by this subsection may not be returned to that member, except that these employee contributions may be refunded to a member who terminates service and requests a refund under section 17705.

     Sec. 11. 5 MRSA §17852, sub-§11, as amended by PL 1995, c. 624, §11, is further amended by amending the first paragraph to read:

     11. Baxter State Park Authority rangers; option. The Except as provided in section 17851-A, the retirement benefit of a person who qualifies under section 17851, subsection 12 and who retires upon or after reaching 55 years of age is computed in accordance with subsection 1 if:

     Sec. 12. 5 MRSA §17852, sub-§12, as enacted by PL 1995, c. 624, §12, is amended by amending the first paragraph to read:

     12. Baxter State Park Authority rangers exercising option; retirement before 55 years of age. For Except as provided in section 17851-A, for a person exercising the option provided in section 17851, subsection 12, who makes the payments required in subsection 11, and who retires before reaching 55 years of age, the retirement benefit is determined as follows.

     Sec. 13. 5 MRSA §17852, sub-§13, as amended by PL 1997, c. 683, Pt. C, §1 and affected by §2, is further amended by amending the first paragraph to read:

     13. Fire marshals; option. The Except as provided in section 17851-A, 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:

     Sec. 14. 5 MRSA §17852, sub-§14, as enacted by PL 1997, c. 401, §3, is amended by amending the first paragraph to read:

     14. Fire marshals exercising option; retirement before 55 years of age. For Except as provided in section 17851-A, for a person exercising the option provided in section 17851, subsection 13 who makes the payments required in subsection 13 and who retires before reaching 55 years of age, the retirement benefit is determined as follows.

     Sec. 15. Expenditures in excess of allocations. Expenditures required by this Act of funds other than the General Fund and Highway Fund are authorized to exceed legislative allocations during the 2000-2001 biennium ending June 30, 2001. Appropriate adjustments to basic work programs facilitating these expenditures in excess of allocations must be recommended by the State Budget Officer and approved by the Governor.

     Sec. 16. Adjustment of rates. The State Budget Officer after consultation with the Maine State Retirement System shall adjust the employer contribution rates on the effective date of this Act to fully fund this Act on an actuarially sound basis.

     Sec. 17. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

1999-00 2000-01

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Salary Plan

Provides funds to be held in reserve in the event that costs associated with the increase in the normal cost component of the employer contribution rate for retirement costs related to including additional employee groups in the 1998 Special Retirement Plan exceed the amounts available for the Department of Corrections. Because the normal cost component of the employer contribution rate for state employees is actuarially established based on projected salaries as a rate that must be applied to actual salaries, the funds resulting from the application of the actuarially established rate constitute appropriated funds. The funds here specified constitute estimates and not appropriated funds.

Effective September 18, 1999, unless otherwise indicated.

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