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Page 1 - 132LR2880(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1400 - L.D. 2085
An Act to Include a Certain Emergency Communications Position at the
Department of Public Safety in the 1998 Special Plan
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17851-A, sub-§1, ¶Q, as amended by PL 2025, c. 388, Pt. R,
§2, is further amended to read:
Q. Until July 31, 2024, civilian employees whose job responsibilities include the
handling, examination or analysis of digital or physical evidence in the employment of
the Department of Public Safety, Maine State Police Crime Laboratory or computer
crimes unit on October 1, 2021 or hired thereafter; and
Sec. 2. 5 MRSA §17851-A, sub-§1, ¶R, as enacted by PL 2025, c. 388, Pt. R, §3,
is amended to read:
R. Persons in the employment of the Department of Health and Human Services on
October 1, 2025 or hired thereafter who have the job classification of Mental Health
Worker I, Mental Health Worker II, Mental Health Worker III or Mental Health
Worker IV.; and
Sec. 3. 5 MRSA §17851-A, sub-§1, ¶S is enacted to read:
S. Persons in the employment of the Department of Public Safety on August 1, 2026
or hired thereafter who have the job classification of emergency communications
director.
Sec. 4. 5 MRSA §17851-A, sub-§2, as amended by PL 2025, c. 388, Pt. R, §4, is
further 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; any employee identified in
subsection 1, paragraph M; after June 30, 2020 for employees identified in subsection 1,
paragraphs N to P; after September 30, 2021 for employees identified in subsection 1,
APPROVED
MARCH 23, 2026
BY GOVERNOR
CHAPTER
595
PUBLIC LAW
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paragraph Q; after September 30, 2025 for employees identified in subsection 1, paragraph
R; after July 31, 2026 for employees identified in subsection 1, paragraph S; 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 amended by PL 2025, c. 388, Pt. R,
§5, is further amended by amending subparagraph (1) to read:
(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; after June 30, 2020 for employees identified in subsection 1, paragraphs N to P;
and after September 30, 2021 for employees identified in subsection 1, paragraph
Q 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,
paragraphs L, M and, R and S regardless of when performed; and
Sec. 6. 5 MRSA §17851-A, sub-§4, ¶A, as amended by PL 2025, c. 388, Pt. R,
§6, is further 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; after June
30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020
for employees identified in subsection 1, paragraphs N to P; after September 30, 2021
for employees identified in subsection 1, paragraph Q; and after September 30, 2025
for employees identified in subsection 1, paragraph R; and after July 31, 2026 for
employees identified in subsection 1, paragraph S; 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; after June
30, 2002 for employees identified in subsection 1, paragraph M; after June 30, 2020
for employees identified in subsection 1, paragraphs N to P; after September 30, 2021
for employees identified in subsection 1, paragraph Q; and after September 30, 2025
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for employees identified in subsection 1, paragraph R; and after July 31, 2026 for
employees identified in subsection 1, paragraph S; 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; after June 30, 2002 for employees identified in subsection
1, paragraph M; after June 30, 2020 for employees identified in subsection 1,
paragraphs N to P; after September 30, 2021 for employees identified in subsection 1,
paragraph Q; and after September 30, 2025 for employees identified in subsection 1,
paragraph R; and after July 31, 2026 for employees identified in subsection 1,
paragraph S, 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 amended by PL 2025, c. 388, Pt. R,
§7, is further amended to read:
B. Except as provided in paragraphs D, E, F and, G and H, 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;
before July 1, 2002 for employees identified in subsection 1, paragraph M; before July
1, 2020 for employees identified in subsection 1, paragraphs N to P; before October 1,
2021 for employees identified in subsection 1, paragraph Q; and before October 1,
2025 for employees identified in subsection 1, paragraph R; and before August 1, 2026
for employees identified in subsection 1, paragraph S 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; after June 30, 2002 for employees identified in
subsection 1, paragraph M; after June 30, 2020 for employees identified in subsection
1, paragraphs N to P; after September 30, 2021 for employees identified in subsection
1, paragraph Q; and after September 30, 2025 for employees identified in subsection
1, paragraph R; and after July 31, 2026 for employees identified in subsection 1,
paragraph S, 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:
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(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; before July 1, 2002 for employees identified in subsection 1, paragraph M;
before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
before October 1, 2021 for employees identified in subsection 1, paragraph Q; and
before October 1, 2025 for employees identified in subsection 1, paragraph R; and
before August 1, 2026 for employees identified in subsection 1, paragraph S 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; before July 1, 2002 for employees identified in subsection 1, paragraph M;
before July 1, 2020 for employees identified in subsection 1, paragraphs N to P;
before October 1, 2021 for employees identified in subsection 1, paragraph Q; and
before October 1, 2025 for employees identified in subsection 1, paragraph R; and
before August 1, 2026 for employees identified in subsection 1, paragraph S 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;
before July 1, 2002 for employees identified in subsection 1, paragraph M; before
July 1, 2020 for employees identified in subsection 1, paragraphs N to P; before
October 1, 2021 for employees identified in subsection 1, paragraph Q; and before
October 1, 2025 for employees identified in subsection 1, paragraph R; and before
August 1, 2026 for employees identified in subsection 1, paragraph S, 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; after June 30, 2002 for employees identified in subsection 1, paragraph M; after
June 30, 2020 for employees identified in subsection 1, paragraphs N to P; after
Page 5 - 132LR2880(03)
September 30, 2021 for employees identified in subsection 1, paragraph Q; and
after September 30, 2025 for employees identified in subsection 1, paragraph R;
and after July 31, 2026 for employees identified in subsection 1, paragraph S 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; after June 30, 2002 for
employees identified in subsection 1, paragraph M; after June 30, 2020 for
employees identified in subsection 1, paragraphs N to P; after September 30, 2021
for employees identified in subsection 1, paragraph Q; and after September 30,
2025 for employees identified in subsection 1, paragraph R; and after July 31, 2026
for employees identified in subsection 1, paragraph S 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; after June 30, 2002 for employees identified in
subsection 1, paragraph M; after June 30, 2020 for employees identified in
subsection 1, paragraphs N to P; after September 30, 2021 for employees identified
in subsection 1, paragraph Q; and after September 30, 2025 for employees
identified in subsection 1, paragraph R; and after July 31, 2026 for employees
identified in subsection 1, paragraph S 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-§4, ¶H is enacted to read:
H. The service retirement benefit of a member to whom subsection 1, paragraph S
applies and who qualifies for service retirement benefits under subsection 2 must be
computed under section 17852, subsection 1, paragraph A on the basis of all of the
member's creditable service in the capacity specified in subsection 1, paragraph S,
regardless of when that creditable service was earned, except that for a member
qualifying under subsection 2, paragraph B:
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(1) If the member had 10 years of service on July 1, 1993, the benefit must be
reduced as provided in section 17852, subsection 3, paragraphs A and B for each
year the member's age precedes 55 years of age; or
(2) If the member had fewer than 10 years of creditable service on July 1, 1993,
the benefit must be reduced by 6% for each year that the member's age precedes
55 years of age.
Sec. 9. 5 MRSA §17851-A, sub-§5, as amended by PL 2025, c. 388, Pt. R, §9, is
further amended to read:
5. Contributions. Notwithstanding any provision of subchapter 3 to the contrary,
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; after June 30, 2002 for employees identified in subsection 1, paragraph M;
after June 30, 2020 for employees identified in subsection 1, paragraphs N to P; after
September 30, 2021 for employees identified in subsection 1, paragraph Q; and after
September 30, 2025 for employees identified in subsection 1, paragraph R; and after July
31, 2026 for employees identified in subsection 1, paragraph S, 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. 10. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
Consolidated Emergency Communications Z021
Initiative: Provides funding to add the emergency communications director position to the
1998 Special Plan.
CONSOLIDATED EMERGENCY
COMMUNICATIONS FUND
2025-26 2026-27
Personal Services $0 $2,467
__________ __________
CONSOLIDATED EMERGENCY
COMMUNICATIONS FUND TOTAL
$0 $2,467