‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Participating Local District Advisory Committee has recommended changes to the participating local district retirement plan in order to improve future funding levels, reduce rate volatility and protect member benefits; and
Whereas, this legislation requires the Board of Trustees of the Maine Public Employees Retirement System to adopt rules in order for the changes to take effect; and
Whereas, the changes to the participating local district retirement plan must be in effect prior to July 1, 2018 in order for the actuarial calculations used to establish plan costs for the next fiscal year to be based on the amended plan; and
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,
Sec. 1. 5 MRSA §17001, sub-§13, ¶B, as amended by PL 2009, c. 274, §1, is further amended to read:
(1) For any member who has 10 years of creditable service by July 1, 1993 or who has reached 60 years of age and has been in service for a minimum of one year immediately before that date, payment for more than 30 days of unused accumulated or accrued sick leave, payment for more than 30 days of unused vacation leave or payment for more than 30 days of a combination of both and, effective October 1, 1999, whether or not the member is in service on October 1, 1999, the 30-day limitation may not be decreased and the exclusion set out in subparagraph (2) may not be made applicable to such a member;
(2) For any member who is not covered by subparagraph (1), payment for any unused accumulated or accrued sick leave or payment for any unused vacation leave; or
(3) Any other payment that is not compensation for actual services rendered or that is not paid at the time the actual services are rendered.
A payment for unused sick leave or unused vacation leave may not be included as part of earnable compensation unless it is paid upon the member's last termination before the member applies for retirement benefits.
Sec. 2. 5 MRSA §17001, sub-§13, ¶B-1 is enacted to read:
Sec. 3. 5 MRSA §18252, sub-§6, as repealed and replaced by PL 2009, c. 415, Pt. A, §5, is amended to read:
(1) The person is entitled to accumulate additional service credits during the period of time the person is restored to service.
(2) When the person again retires, the person is entitled to receive benefits computed on the person's entire creditable service and in accordance with the law in effect at the time.
Sec. 4. 5 MRSA §18302, sub-§3 is enacted to read:
Sec. 5. 5 MRSA §18356, sub-§4 is enacted to read:
Sec. 6. 5 MRSA §18407, sub-§7, as amended by PL 2013, c. 588, Pt. E, §3, is repealed and the following enacted in its place:
Sec. 7. 5 MRSA §18407, sub-§8, as enacted by PL 2013, c. 391, §8, is repealed.
Sec. 8. 5 MRSA §18452, sub-§3, as amended by PL 2013, c. 391, §11, is further amended to read:
The amount of the service retirement benefit for members qualified under section 18451-A , subsection 2, paragraph C is computed in accordance with subsection 1, except that the benefit is reduced by 6% for each year that the member's age precedes 65 years of age any benefit reduction for retiring prior to 60 years of age for members qualified under section 18451-A, subsection 1 or prior to 65 years of age for members qualified under section 18451-A, subsection 2 must be contained in the plan provisions adopted by rule pursuant to section 18801 that provide for the payment of the full actuarial cost of retiring prior to 60 years of age or 65 years of age as applicable.
Sec. 9. 5 MRSA §18457-A is enacted to read:
§ 18457-A. Restoration to service
The plan provisions adopted by rule pursuant to section 18801 govern the return of a retiree to employment by an employer participating in the Participating Local District Consolidated Retirement Plan.
Sec. 10. 5 MRSA §18801, first ¶, as repealed and replaced by PL 2009, c. 474, §44, is amended to read:
There is established the Participating Local District Consolidated Retirement Plan as a governmental qualified defined benefit plan pursuant to Sections 401(a) and 414(d) of the Internal Revenue Code and such other provisions of the Internal Revenue Code and United States Treasury regulations and other guidance as are applicable, which has the powers and privileges of a corporation. The purpose of the Participating Local District Consolidated Retirement Plan is to provide retirement allowances and other benefits under this chapter for employees of participating local districts that contract with the retirement system in accordance with section 18804. The board shall establish by rule the plan provisions of the Participating Local District Consolidated Retirement Plan in accordance with section 18804. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 11. 5 MRSA §18801, sub-§3, as enacted by PL 1989, c. 811, §3, is amended to read:
Sec. 12. 5 MRSA §18804, sub-§7 is enacted to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’