| (1) Is in service upon or after reaching 62 years of | age; |
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| (2) Has been in service for a minimum of one year | immediately before retirement or has at least 5 years | of creditable service, which, for the purpose of | determining completion of the 5-year requirement, may | include creditable service as a member of the Maine | Legislative Retirement System under Title 3, section | 701, subsection 8, before becoming a member of the | retirement system; and |
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| (3) Meets the applicability requirements of subsection | 3-A. |
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| | Sec. 12. 5 MRSA §17851, sub-§2-B, as enacted by PL 1999, c. 489, §10, | is amended to read: |
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| | 2-B. Member not in service at retirement; 10 years of | creditable service on July 1, 1993. A member who on July 1, 1993 | had 10 years of creditable service and who is not in service at | retirement qualifies for a service retirement benefit upon or | after reaching 60 years of age. The For the purpose of | determining completion of the 10-year requirement, the 10 years | of creditable service may include creditable service as a member | of the Maine Legislative Retirement System under Title 3, section | 701, subsection 8 before becoming a member of the retirement | system. |
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| A. Effective October 1, 1999, the creditable service and | age requirements of this subsection may not be increased for | a member who on or before October 1, 1999 met the creditable | service requirements for eligibility for service retirement | benefits under this subsection, whether or not the member is | in service on October 1, 1999. |
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| B. For the purpose of calculating creditable service under | this subsection only, creditable service includes time | during which a member participated in the voluntary cost | savings plan or the voluntary employee incentive program, | authorized by Public Law 1989, chapter 702, Part F, section | 6 and Public Law 1991, chapter 591, Part BB and chapter 780, | Part VV, or 10 years of combined creditable service under | this Part and Title 3, chapter 29 or creditable service | available to a member that the member was eligible to | purchase on June 30, 1993 and that the member does purchase | in accordance with rules adopted by the board. |
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| | Sec. 13. 5 MRSA §17851, sub-§2-C, ¶¶A and B, as enacted by PL 1999, c. | 489, §10, are amended to read: |
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