Sec. 5. 5 MRSA §17851, sub-§11, as amended by PL 1999, c. 731, Pt. CCC, §1, is further amended to read:

11. Maine State Prison employees. Except as provided in section 17851-A, the The warden or deputy warden of the Maine State Prison, any officer or employee of the Maine State Prison employed as a guard or in the management of prisoners or any person employed as the supervising officer of those officers or employees or as an advocate at the Maine State Prison qualifies for a service retirement benefit if that person:

A. Was employed in one of those capacities before September 1, 1984 and:

(1) Completes 20 years of creditable service in one or more of those capacities; and

(2) Retires upon or after reaching the age of 50 years; or

B. Was employed in one of those capacities after August 31, 1984 and before January 1, 2000 and completed 25 years of creditable service in one or more of those capacities.

Notwithstanding any other provision in this section, no person in the employ of the Bangor Pre-Release Center on August 4, 1988 who would have qualified for a service retirement benefit if the Bangor Pre-Release Center had remained the administrative responsibility of the Maine State Prison may be denied such a benefit by virtue of the transfer of that responsibility to the Charleston Correctional Facility.

A person in the employ of the Bangor Pre-Release Center to whom paragraph A applies and who is employed at the Bangor Pre-Release Center on June 30, 2000 remains covered under paragraph A notwithstanding the closing of the Bangor Pre-Release Center if the person is thereafter and without a break in service employed in a capacity to which this subsection or section 17851-A, subsection 1, paragraph I applies or if not thereafter employed in such a capacity but having qualified at the time of the

closing of the Bangor Pre-Release Center for retirement under paragraph A, retires then or at a later time.

Sec. 6. 5 MRSA §17851, sub-§11-A is enacted to read:

11-A.__Other correctional employees.__Any employee of the Department of Corrections on January 1, 2000 or hired thereafter, other than those described in subsection 11, who is employed in a correctional facility as defined in Title 34-A, section 1001 or whose duties involve contact with prisoners, probationers, parolees or juvenile offenders or any person employed as the supervisor of those employees qualifies for a service retirement benefit if that person completes 25 years of creditable service in one or more of those capacities.

Sec. 7. 5 MRSA §17851-A, sub-§1, ¶¶A and B, as enacted by PL 1997, c. 769, §11, are repealed.

Sec. 8. 5 MRSA §17851-A, sub-§1, ¶E, as amended by PL 1999, c. 493, §4, is repealed.

Sec. 9. 5 MRSA §17851-A, sub-§1, ¶I, as enacted by PL 1999, c. 493, §6, is repealed.

Sec. 10. 5 MRSA §17851-A, sub-§2, as amended by PL 1999, c. 493, §7, is further 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 C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs I to J and K, 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

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. 11. 5 MRSA §17851-A, sub-§3, ¶A, as amended by PL 1999, c. 493, §8, is further amended to read:

A. For the purpose of meeting the qualification requirement of subsection 2, paragraph A:

(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 for employees identified in subsection 1, paragraphs A to C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs I to J and K, in any one or a combination of the capacities specified in subsection 1; and

(2) Service credit purchased other than as provided under subparagraph (1), including but not limited to service credit for military service, is not included.

Sec. 12. 5 MRSA §17851-A, sub-§4, ¶A, as repealed and replaced by PL 1999, c. 489, §14 and amended by c. 493, §9, is repealed and the following enacted in its place:

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 for employees identified in subsection 1, paragraphs C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs J and K or if service credit was purchased by repayment of an earlier refund of accumulated contributions for service after June 30, 1998 for employees identified in subsection 1, paragraphs C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs J and K, in any one or a combination of the capacities specified in subsection 1, 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 for employees identified in subsection 1, paragraphs C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs J and K, the benefit must be computed as provided in section 17852, subsection 1.__If the member had 10 years of creditable service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 3, paragraphs A and B, and, 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. 13. 5 MRSA §17851-A, sub-§4, ¶B, as repealed and replaced by PL 1999, c. 731, Pt. CC, §5, is amended to read:

B. Except as provided in paragraph D, 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 C, F, G and H and before January 1, 2000 for employees identified in subsection 1, paragraphs I to J and K 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 for employees identified in subsection 1, paragraphs A to C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs I to J and K, 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 C, F, G and H and before January 1, 2000 for employees identified in subsection 1, paragraphs I to J and K 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 C, F, G and H and before January 1, 2000 for employees identified in subsection 1, paragraphs I to J and K in a capacity or 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 before July 1, 1998 for employees identified in subsection 1, paragraphs A to C, F, G and H and before January 1, 2000 for employees identified in subsection 1, paragraphs I to J and K, must be computed under section 17852, subsection 1, paragraph A. If the member 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 for employees identified in subsection 1, paragraphs A to C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs I to J and K or purchased by repayment of an earlier refund of accumulated contributions for service after June 30, 1998 for employees identified in subsection 1, paragraphs A to C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs I to J and K 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 for employees identified in subsection 1, paragraphs A to C, F, G and H and after December 31, 1999 for employees identified in subsection 1, paragraphs I to J and K, must be computed under section 17852, subsection 1, paragraph A. If the member is qualified under subsection 2, 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. 14. 5 MRSA §17851-A, sub-§4, ¶D, as repealed and replaced by PL 1999, c. 489, §14 and amended by c. 493, §9, is repealed and the following enacted in its place:

D.__The service retirement benefit of a member who is a Maine State Prison employee who qualifies for service retirement benefits under subsection 2, paragraph B must be computed under section 17852, subsection 1, paragraph A on the basis of all of the member's creditable service regardless of whether the creditable service was earned before, on or after July 1, 1998, except that:

(1)__If the member had 10 years of service on July 1, 1993, the benefit must be reduced as provided in

section 17852, subsection 10, paragraph C, subparagraphs (1) and (2); or

(2)__If the member had fewer than 10 years of creditable service on July 1, 1993, the benefit must be reduced as provided in section 17852, subsection 10, paragraph C-1.

Sec. 15. 5 MRSA §17851-A, sub-§5, as amended by PL 1999, c. 493, §9, is further amended to read:

5. Contributions. Notwithstanding any other provision of subchapter III, after June 30, 1998, for employees identified in subsection 1, paragraphs A to C, F, G and H, and after December 31, 1999, for employees identified in subsection 1, paragraphs I to J and 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. 16. 5 MRSA §17851-A, sub-§6, as enacted by PL 1997, c. 769, §11, is amended to read:

6. Consequences of participation in retirement plan under section 17851, subsection 5-A, 6-A or 8-A. Notwithstanding any other provision of law, a member in the capacities specified in subsection 1 who, prior to July 1, 1998, elected the retirement option provided in section 17851, subsection 5-A, 6-A or 8-A is treated as follows under the 1998 Special Plan.

A. A member who made the election at the time of first employment in a position covered under section 17851, subsection 5-A, 6-A and 8-A is considered to be a member under the 1998 Special Plan as of the date of hire. Beginning July 1, 1998, a member covered by this paragraph shall contribute to the retirement system or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter.

B. A member who was serving in a position covered under section 17851, subsection 5-A, 6-A or 8-A at the time of the election and who elected to participate in the retirement option prospectively from the time of election is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning July 1, 1998, a member covered by this paragraph shall contribute to the retirement system or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of

25 years of creditable service and shall contribute at a rate of 7.65% thereafter.

C. A member who was serving in a position covered under section 17851, subsection 5-A, 6-A or 8-A at the time of the election and who elected to participate in the retirement option prospectively from the time of election and also elected to purchase credit for service earned while serving in the same capacity before exercising the election is considered to be a member under the 1998 Special Plan as of the beginning date of the service for which credit is purchased, provided that all of the payments required under section 17852, subsection 5-A, 6-A or 7-A are made before retirement. If all the required payments are not made before retirement, that member is considered to be a member under the 1998 Special Plan as of the effective date of the election. Beginning July 1, 1998, a member covered by this paragraph shall contribute to the retirement system or have pick-up contributions made at a rate of 8.65% of earnable compensation until completion of 25 years of creditable service and shall contribute at a rate of 7.65% thereafter.

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. 17. 5 MRSA §17852, sub-§5-A, as amended by PL 1997, c. 769, §12, is further amended to read:

5-A. Inland Fisheries and Wildlife officers after August 31, 1984. Except as provided in section 17851-A, the The retirement benefit of a person who qualifies under section 17851, subsection 5-A and who retires upon or after reaching 55 years of age completing 25 years of creditable service is computed in accordance with subsection 1 if:.

A. The person was first employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife on or after November 1, 1995, elects the option provided in section 17851, subsection 5-A 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 law enforcement officer in the Department of Inland Fisheries and Wildlife before November 1, 1995, elects the option provided in

section 17851, subsection 5-A and pays to the retirement system single or periodic payment of a lump sum or by a combination of single and periodic payments of the 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 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, 1995 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 5-A 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 5-A at any time after the date on which the person is first employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife 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 is effective November 1, 1995. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife on or after November 1, 1995 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 November 1, 1995 must make the election no later than January 1, 1997.

Sec. 18. 5 MRSA §17852, sub-§5-B, as amended by PL 1997, c. 769, §13, is repealed.

Sec. 19. 5 MRSA §17852, sub-§6-A, as amended by PL 1997, c. 769, §14, is further amended to read:

6-A. Marine resources officers after August 31, 1984. Except as provided in section 17851-A, the The retirement benefit of a person qualifying under section 17851, subsection 6-A who retires upon or after reaching 55 years of age completing 25

years of creditable service is computed in accordance with subsection 1 if:.

A. The person was first employed as a law enforcement officer in the Department of Marine Resources on or after November 1, 1995, elects the option provided in section 17851, subsection 6-A 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 in that capacity before November 1, 1995, elects the option provided in section 17851, subsection 6-A and pays to the retirement system by single or periodic payment of a lump sum or by a combination of single and periodic payments the 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 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, 1995 is made as part of the employee payroll contribution.

For the purpose 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 6-A 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 6-A at any time after the date on which the person is first employed as a law enforcement officer in the Department of Marine Resources 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 is effective November 1, 1995. Election to retire under this subsection is a one-time irrevocable election. A person who was first employed as a law enforcement officer in the Department of Marine Resources on or after November 1, 1995 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 November 1, 1995 must make the election no later than January 1, 1997.

Sec. 20. 5 MRSA §17852, sub-§6-B, as amended by PL 1997, c. 769, §15, is repealed.

Sec. 21. 5 MRSA §17852, sub-§10-A is enacted to read:

10-A.__Other correctional employees.__For members who qualify under section 17851, subsection 11-A, the retirement benefit is computed in accordance with subsection 1.

Sec. 22. Effect on game wardens and marine patrol officers who previously elected to self-fund an early retirement option. The Maine State Retirement System shall refund the additional amount paid above the normal employee contribution rate plus interest on that amount from the date of payment to a person who is employed as a law enforcement officer in the Department of Inland Fisheries and Wildlife or the Department of Marine Resources on the effective date of this Act and who elected to exercise the option of retirement at 55 years of age or after 55 years of age and before 60 years of age under the Maine Revised Statutes, Title 5, section 17852, subsection 5- A or 6-A before it was amended by this Act or elected to exercise the option of retirement before 55 years of age under Title 5, section 17852, subsection 5-B or 6-B before it was repealed by this Act by paying the full actuarial cost of either of those options through an increased employee contribution to the Maine State Retirement System. The employee contribution rate from the effective date of this Act for a member who previously made the election specified in this section is as provided in Title 5, section 17710-B.

SUMMARY

This bill establishes a special retirement plan for game wardens, marine patrol officers, prison guards and certain other correctional employees. The plan offers retirement with full benefits after 25 years of service with no minimum retirement age requirement. The plan applies to all newly hired employees in the named categories and is retroactive to the date of hire for game wardens, marine patrol officers and Maine State Prison guards. For prison guards at other correctional facilities and for certain other state correctional employees, it is retroactive to January 1, 2000 when those employees were first eligible for special retirement benefits under the 1998 special retirement plan. The bill also removes the named categories of employees from the 1998 special retirement plan.