Maine LD 654: An Act To Expand the 1998 Special Retirement Plan To Include Detectives in the Office of the Attorney General

LD 654 (subjects: PUBLIC EMPLOYEES RETIREMENT SYSTEM , SPECIAL PLANS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=654&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Rep. Catherine Nadeau of Winslow: (D – District 78) — e-mail | Facebook

7 Cosponsors:

Actions

Chamber

Action
3/3/2015 House Committee on Appropriations and Financial Affairs suggested and ordered printed.
The Bill was REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/5/2015 Senate On motion by Senator Hamper of Oxford, REFERRED to the Committee on Appropriations and Financial Affairs, in concurrence.
7/16/2015 Senate CARRIED OVER to any Special or Regular Session of the 127th Legislature pursuant to Joint Order HP 994.
7/16/2015 House Carried over to any special and/or regular session of the 127th Legislature pursuant to Joint Order HP 994.
3/10/2016 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-548)
Sent for concurrence. ORDERED SENT FORTHWITH.
3/15/2016 Senate Report READ and ACCEPTED, in concurrence.

READ ONCE.

Committee Amendment “A” (H-548) READ and ADOPTED, in concurrence.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-548), in concurrence.

Ordered sent down forthwith.
3/16/2016 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/17/2016 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT in concurrence
4/11/2016 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE.
PASSED TO BE ENACTED in concurrence
4/13/2016 House The following line item:
Administration – Attorney General 0310

Initiative: Provides funds for the additional cost for 5 detectives employed in the Office of the Attorney General on July 1, 2016 to participate in the 1998 Special Plan on a prospective basis.

GENERAL FUND

Personal Services 2016-17 $3,984 Changed to $0
This dollar amount, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this dollar amount become law notwithstanding the objections of the Governor?”
It was the vote of the House that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the House so voted.
ROLL CALL NO. 609V

(Yeas 86 – Nays 62 – Absent 3 – Excused 0)
ORDERED SENT FORTHWITH.
4/13/2016 House The following line item:
Administration – Attorney General 0310

Initiative: Provides funds for the additional cost for 5 detectives employed in the Office of the Attorney General on July 1, 2016 to participate in the 1998 Special Plan on a prospective basis.

ATTORNEY GENERAL, DEPARTMENT OF THE

GENERAL FUND 2016-17 $3,984 Changed to $0
This dollar amount, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this dollar amount become law notwithstanding the objections of the Governor?”
It was the vote of the House that this dollar amount become law notwithstanding the objections of the Governor, since a majority of the members elected to the House so voted.
ROLL CALL NO. 610V

(Yeas 85 – Nays 62 – Absent 4 – Excused 0)
ORDERED SENT FORTHWITH.
4/13/2016 Senate The following line item:
Administration – Attorney General 0310

Initiative: Provides funds for the additional cost for 5 detectives employed in the Office of the Attorney General on July 1, 2016 to participate in the 1998 Special Plan on a prospective basis.

GENERAL FUND

Personal Services 2016-17 $3,984 Changed to $0
VETO LINE (LD 654) IN SENATE,April 13, 2016 THIS LINE, HAVING BEEN RETURNED BY THE GOVERNOR, TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF MAINE, AFTER RECONSIDERATION, THE SENATE PROCEEDED TO VOTE ON THE QUESTION: “SHALL THIS LINE BECOME A LAW NOTWITHSTANDING THE OBJECTIONS OF THE GOVERNOR?” IN 27 FAVOR AND 5 AGAINST, ACCORDINGLY IT WAS THE VOTE OF THE SENATE THAT THE LINE BECOME LAW AND THE VETO WAS OVERRIDDEN.
4/13/2016 Senate The following line item:
Administration – Attorney General 0310

Initiative: Provides funds for the additional cost for 5 detectives employed in the Office of the Attorney General on July 1, 2016 to participate in the 1998 Special Plan on a prospective basis.

ATTORNEY GENERAL, DEPARTMENT OF THE

GENERAL FUND 2016-17 $3,984 Changed to $0
VETO LINE (LD 654) IN SENATE,April 13, 2016 THIS LINE, HAVING BEEN RETURNED BY THE GOVERNOR, TOGETHER WITH OBJECTIONS TO THE SAME PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF MAINE, AFTER RECONSIDERATION, THE SENATE PROCEEDED TO VOTE ON THE QUESTION: “SHALL THIS LINE BECOME A LAW NOTWITHSTANDING THE OBJECTIONS OF THE GOVERNOR?” IN 28 FAVOR AND 4 AGAINST, ACCORDINGLY IT WAS THE VOTE OF THE SENATE THAT THE LINE BECOME LAW AND THE VETO WAS OVERRIDDEN.
4/29/2016 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 649V
96 having voted in the affirmative and 53 in the negative, with 2 being absent, and accordingly it was the vote of the House that the Bill not become a law and the veto was sustained.
Placed in the Legislative Files. (DEAD)

Bill Text

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An Act To Expand the 1998 Special Retirement Plan To Include Detectives in the Office of the Attorney General

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

Sec. 1. 5 MRSA 17851-A, sub- 1, L, as amended by PL 2001, c. 646, 1, is further amended to read:

L. Oil and hazardous materials emergency response workers in the employment of the Department of Environmental Protection, Division of Response Services who participate in a standby rotation on January 1, 2002 or are hired thereafter; and

Sec. 2. 5 MRSA 17851-A, sub- 1, M, as enacted by PL 2001, c. 646, 2 and amended by PL 2009, c. 317, Pt. E, 15 and 16, is further amended to read:

M. Capitol Police officers in the employment of the Department of Public Safety, Bureau of Capitol Police on July 1, 2002 or hired thereafter . ; and

Sec. 3. 5 MRSA 17851-A, sub- 1, N is enacted to read:

N. Detectives in the employment of the Office of the Attorney General on July 1, 2016 or hired thereafter.

Sec. 4. 5 MRSA 17851-A, sub- 2, as repealed and replaced by PL 2003, c. 510, Pt. D, 1 and affected by 6 and 7, 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; after June 30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2016 for employees identified in subsection 1, paragraph N; 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
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. 5. 5 MRSA 17851-A, sub- 3, A, as repealed and replaced by PL 2003, c. 510, Pt. D, 2 and affected by 6 and 7, is 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 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, 2002 for employees identified in subsection 1, paragraph M ; and after June 30, 2016 for employees identified in subsection 1, paragraph N, 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, paragraph L regardless of when performed; 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. 6. 5 MRSA 17851-A, sub- 4, A, as repealed and replaced by PL 2003, c. 510, Pt. D, 3 and affected by 6 and 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M; and after June 30, 2016 for employees identified in subsection 1, paragraph N; 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M; and after June 30, 2016 for employees identified in subsection 1, paragraph N; 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M ; and after June 30, 2016 for employees identified in subsection 1, paragraph N, the benefit must be 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. 7. 5 MRSA 17851-A, sub- 4, B, as repealed and replaced by PL 2003, c. 510, Pt. D, 4 and affected by 6 and 7, is amended to read:

B. Except as provided in paragraphs D and E, 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; and before July 1, 2002 for employees identified in subsection 1, paragraph M ; and before July 1, 2016 for employees identified in subsection 1, paragraph N 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M ; and after June 30, 2016 for employees identified in subsection 1, paragraph N, 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; and before July 1, 2002 for employees identified in subsection 1, paragraph M ; and before July 1, 2016 for employees identified in subsection 1, paragraph N 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; and before July 1, 2002 for employees identified in subsection 1, paragraph M ; and before July 1, 2016 for employees identified in subsection 1, paragraph N 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 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; and before July 1, 2002 for employees identified in subsection 1, paragraph M ; and before July 1, 2016 for employees identified in subsection 1, paragraph N, 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 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M ; and after June 30, 2016 for employees identified in subsection 1, paragraph N 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M ; and after June 30, 2016 for employees identified in subsection 1, paragraph N 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M ; and after June 30, 2016 for employees identified in subsection 1, paragraph N 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. 8. 5 MRSA 17851-A, sub- 5, as amended by PL 2007, c. 491, 157, is further 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; and after June 30, 2002 for employees identified in subsection 1, paragraph M ; and after June 30, 2016 for employees identified in subsection 1, paragraph N, a member in the capacities specified in subsection 1 must contribute to the State Employee and Teacher Retirement Program 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. 9. Transition. Notwithstanding the Maine Revised Statutes, Title 5, section 17851-A, subsection 1, paragraph N, a detective hired by the Office of the Attorney General prior to July 1, 2016 may elect to participate in the 1998 Special Plan of the Maine Public Employees Retirement System, as long as the election is made not later than 180 days after the effective date of this Act.

SUMMARY

This bill allows detectives in the Office of the Attorney General to elect to participate in the 1998 Special Plan of the Maine Public Employees Retirement System. Under that plan, a person may retire at 55 years of age with 10 years of creditable service, or may retire before 55 years of age with 25 years of creditable service and at a reduced benefit.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 654 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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