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LD 1400		 PUBLIC Law, Chapter 459

on - Session - 129th Maine Legislature
 
  
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An Act To Improve Recruitment and Retention in State Law Enforcement by Offering Retirement Service Credit

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

Sec. 1. 5 MRSA §17767  is enacted to read:

§ 17767.  Law enforcement service

Service credit for service in law enforcement is governed as follows.

1.  Service before becoming member.   A member who served as a full-time law enforcement officer with a federal, state, county or local law enforcement agency before becoming a member is entitled under this subsection to purchase service credit for the period of time that the member served as a law enforcement officer if the member has at least 15 years of creditable service at the time of retirement by complying with the terms and conditions of this subsection and the applicable provisions of subsection 2. Service credit purchased under this section is limited to 4 years. Notwithstanding anything to the contrary, a member for which service credit under this section is to be granted must provide a certified statement from the appropriate retirement system that the service credit to be granted has not been and will not be used to obtain other retirement benefits.
2.  Members qualified for credit at actuarial cost.   A member qualified under subsection 1 to purchase service credit at the cost set forth in this subsection is entitled to service credit if the member pays an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service.
A.  Payment must be made before any retirement benefit becomes effective for that member.
B.  Payment may be made to the retirement system by a single direct payment or by annual direct payments in accordance with section 17701, subsection 4.

Sec. 2. 5 MRSA §17851-A, sub-§3, ¶B,  as enacted by PL 1997, c. 769, §11, is amended to read:

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

(1) Service credit purchased by repayment of an earlier refund of accumulated contributions following termination of service is included if the time to which the refund relates was served in any one or a combination of the capacities specified in subsection 1, regardless of whether the time was served before or after the establishment of the 1998 Special Plan; and

(2) Service credit purchased other than as provided under subparagraph (1) is not included, except that service credit purchased for military service or for law enforcement service pursuant to section 17767 is included.

Sec. 3. 5 MRSA §18363  is enacted to read:

§ 18363.  Law enforcement service

Service credit for service in law enforcement is governed as follows.

1.  Service before becoming member.   A member who served as a full-time law enforcement officer with a federal, state, county or local law enforcement agency before becoming a member is entitled under this subsection to purchase service credit for the period of time that the member served as a law enforcement officer if the member has at least 15 years of creditable service at the time of retirement by complying with the terms and conditions of this subsection and the applicable provisions of subsection 2. Service credit purchased under this section is limited to 4 years. Notwithstanding anything to the contrary, a member for which service credit under this section is to be granted must provide a certified statement from the appropriate retirement system that the service credit to be granted has not been and will not be used to obtain other retirement benefits.
2.  Members qualified for credit at actuarial cost.   A member qualified under subsection 1 to purchase service credit at the cost set forth in this subsection is entitled to service credit if the member pays an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service.
A.  Payment must be made before any retirement benefit becomes effective for that member.
B.  Payment may be made to the retirement system by a single direct payment or by annual direct payments in accordance with section 17701, subsection 4.

Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.

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