CHAPTER 368
H.P. 963 - L.D. 1276
An Act to Allow County Corrections Personnel to Participate in the Same Retirement Plan as Other Corrections Personnel
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain categories of state, county and local employees are eligible for a pension under special retirement plans that provide full benefits after shorter periods of service or at a younger age than under the regular retirement plan in recognition of the danger involved in their jobs and the need for a youthful, vigorous workforce to accomplish those jobs; and
Whereas, state corrections officials, county sheriffs and deputy sheriffs, local police and other public employees have special retirement benefits available to them; and
Whereas, county corrections employees perform a vital public safety function for county government which involves the risk of bodily harm and requires a youthful and vigorous workforce; and
Whereas, in order to attract and retain qualified county corrections employees, it is necessary to provide special retirement benefits immediately to county corrections employees; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §18453, sub-§2, as amended by PL 1993, c. 387, Pt. A, §21, is further amended to read:
2. Employee Special Plan #2. A retirement benefit to police officers, firefighters, sheriffs and, full-time deputy sheriffs, county corrections employees or any other participating local district employees who have completed 20 to 25 years of creditable service, the number of years to be selected by the participating local district. For the purposes of this subsection, "county corrections employees" means employees of the county who are employed at a county jail and whose duties include contact with prisoners or juvenile detainees. The benefits shall must be computed as follows:
A. Except as provided in paragraph B, 1/2 of his the member's average final compensation; or
B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current annual salary on the date of retirement or current final compensation, whichever is greater, and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A.
Sec. 2. 5 MRSA §18453, sub-§8, as amended by PL 1993, c. 387, Pt. A, §25, is further amended to read:
8. Police Officer and County Corrections Employee Special Plan #3. A retirement benefit equal to 2/3 of average final compensation to a police officer, including the chief of a police department, or county corrections employee who has completed 20 to 25 years of creditable service in that capacity, the number of years to be selected by the participating local district and who retires at any age. For the purposes of this subsection, "county corrections employee" means an employee of a county who is employed at a county jail and whose duties include contact with prisoners or juvenile detainees. The benefits shall must be computed as follows:
A. Except as provided under paragraph B, 2/3 of his the member's average final compensation; or
B. If the member's benefit would be greater, the part of the service retirement benefit based upon membership service before July 1, 1977, is determined, on a pro rata basis, on the member's current final compensation and the part of the service retirement benefit based upon membership service after June 30, 1977, is determined in accordance with paragraph A.
Sec. 3. 5 MRSA §18453, sub-§9, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
9. Sheriff, Deputy Sheriff and other county corrections employee special plan. A retirement benefit equal to 1/2 of his the average final compensation to a sheriff or, deputy sheriff or county corrections employee who has completed at least 25 years of creditable service in that capacity and who retires upon or after reaching age 55. For the purposes of this subsection, "county corrections employee" means an employee of a county who is employed at a county jail and whose duties include contact with prisoners or juvenile detainees.
Sec. 4. Report to the Legislature. The Board of Trustees of the Maine State Retirement System shall include in its report to the Joint Standing Committee on Labor in year 2001 under the Maine Revised Statutes, Title 5, section 17103, subsection 11 an update on the actions of the board and the Participating Local District Advisory Committee to make available a special retirement plan for county correctional employees like that available to sheriffs and deputy sheriffs.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 8, 2001.
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