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Page 1 - 132LR1673(07)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 260 - L.D. 579
An Act to Include Certain Nurses Under the 1998 Special Plan for
Retirement
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17851-A, sub-§1, ¶T, as enacted by PL 2025, c. 650, Pt. FFFF,
§3, is amended to read:
T. Employees of the Office of Chief Medical Examiner within the Department of the
Attorney General on August 1, 2026 or hired thereafter; and
Sec. 2. 5 MRSA §17851-A, sub-§1, ¶U, as enacted by PL 2025, c. 650, Pt. FFFF,
§4, is amended to read:
U. Persons in the employment of the Department of Health and Human Services on
August 1, 2026 or hired thereafter who provide crisis outreach and crisis services to
adults with developmental disabilities or intellectual disabilities in a community-based
or residential setting and who have the job classification of Community Response
Worker.; and
Sec. 3. 5 MRSA §17851-A, sub-§1, ¶V is enacted to read:
V. Persons in the employment of the Department of Health and Human Services on
October 1, 2026 or hired thereafter who have the job classification of Nurse I, Nurse
III, Hospital Nurse II, Hospital Nurse III, Hospital Nurse IV or Licensed Practical
Nurse.
Sec. 4. 5 MRSA §17851-A, sub-§2, as amended by PL 2025, c. 650, Pt. FFFF, §5,
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
APRIL 16, 2026
BY GOVERNOR
CHAPTER
747
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; any employee
identified in subsection 1, paragraph T; after July 31, 2026 for employees identified in
subsection 1, paragraph U; after September 30, 2026 for employees identified in subsection
1, paragraph V; 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. 650, Pt. FFFF,
§6, 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, R, S, T and, U and V regardless of when performed; and
Sec. 6. 5 MRSA §17851-A, sub-§4, ¶A, as amended by PL 2025, c. 650, Pt. FFFF,
§7, 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; after September 30, 2025 for
employees identified in subsection 1, paragraph R; and after July 31, 2026 for
employees identified in subsection 1, paragraphs S to U; and after September 30, 2026
for employees identified in subsection 1, paragraph V; 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
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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; after September 30, 2025
for employees identified in subsection 1, paragraph R; and after July 31, 2026 for
employees identified in subsection 1, paragraphs S to U; and after September 30, 2026
for employees identified in subsection 1, paragraph V; 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; after September 30, 2025 for employees identified in subsection 1,
paragraph R; and after July 31, 2026 for employees identified in subsection 1,
paragraphs S to U; and after September 30, 2026 for employees identified in subsection
1, paragraph V, 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. 650, Pt. FFFF,
§8, is further amended to read:
B. Except as provided in paragraphs D, E, F, G, H, I and, J and K, 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; before
October 1, 2025 for employees identified in subsection 1, paragraph R; and before
August 1, 2026 for employees identified in subsection 1, paragraphs S to U; and before
October 1, 2026 for employees identified in subsection 1, paragraph V 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
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in subsection 1, paragraphs N to P; after September 30, 2021 for employees identified
in subsection 1, paragraph Q; after September 30, 2025 for employees identified in
subsection 1, paragraph R; and after July 31, 2026 for employees identified in
subsection 1, paragraphs S to U; and after September 30, 2026 for employees identified
in subsection 1, paragraph V, 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:
(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;
before October 1, 2025 for employees identified in subsection 1, paragraph R; and
before August 1, 2026 for employees identified in subsection 1, paragraphs S to U;
and before October 1, 2026 for employees identified in subsection 1, paragraph V
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;
before October 1, 2025 for employees identified in subsection 1, paragraph R; and
before August 1, 2026 for employees identified in subsection 1, paragraphs S to U;
and before October 1, 2026 for employees identified in subsection 1, paragraph V
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; before
October 1, 2025 for employees identified in subsection 1, paragraph R; and before
August 1, 2026 for employees identified in subsection 1, paragraphs S to U; and
before October 1, 2026 for employees identified in subsection 1, paragraph V, 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
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(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
September 30, 2021 for employees identified in subsection 1, paragraph Q; after
September 30, 2025 for employees identified in subsection 1, paragraph R; and
after July 31, 2026 for employees identified in subsection 1, paragraphs S to U;
and after September 30, 2026 for employees identified in subsection 1, paragraph
V 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; after September 30, 2025
for employees identified in subsection 1, paragraph R; and after July 31, 2026 for
employees identified in subsection 1, paragraphs S to U; and after September 30,
2026 for employees identified in subsection 1, paragraph V 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; after September 30, 2025 for employees identified in
subsection 1, paragraph R; and after July 31, 2026 for employees identified in
subsection 1, paragraphs S to U; and after September 30, 2026 for employees
identified in subsection 1, paragraph V 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
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(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, ¶K is enacted to read:
K. The service retirement benefit of a member to whom subsection 1, paragraph V
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 V,
regardless of when that creditable service was earned, except that for a member
qualifying under subsection 2, paragraph B:
(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. 650, Pt. FFFF,
§11, 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; after September
30, 2025 for employees identified in subsection 1, paragraph R; and after July 31, 2026 for
employees identified in subsection 1, paragraphs S to U; and after September 30, 2026 for
employees identified in subsection 1, paragraph V, 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. Transfer from Maine Budget Stabilization Fund; General Fund.
Notwithstanding any provision of law to the contrary, on or before June 30, 2027, the State
Controller shall transfer $4,311,605 from the Maine Budget Stabilization Fund within the
Department of Administrative and Financial Services to the unappropriated surplus of the
General Fund.
Sec. 11. Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Dorothea Dix Psychiatric Center Z222
Page 7 - 132LR1673(07)
Initiative: Allocates ongoing funds for the prospective costs of certain employees within
the Department of Health and Human Services being allowed to participate in the 1998
Special Plan effective October 1, 2026.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
Personal Services $0 $129,202
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $129,202
Mental Health Services - Children Z206
Initiative: Provides ongoing funds for the prospective costs of certain employees within the
Department of Health and Human Services being allowed to participate in the 1998 Special
Plan effective October 1, 2026.
GENERAL FUND 2025-26 2026-27
Personal Services $0 $1,568
__________ __________
GENERAL FUND TOTAL $0 $1,568
Riverview Psychiatric Center Z219
Initiative: Allocates ongoing funds for the prospective costs of certain employees within
the Department of Health and Human Services being allowed to participate in the 1998
Special Plan effective October 1, 2026.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
Personal Services $0 $87,156
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $87,156
HEALTH AND HUMAN SERVICES,
DEPARTMENT OF
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND $0 $1,568
OTHER SPECIAL REVENUE FUNDS $0 $216,358
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $217,926
RETIREMENT SYSTEM, MAINE PUBLIC EMPLOYEES
Retirement System - Retirement Allowance Fund 0085
Initiative: Provides one-time funds for the increase in the unfunded actuarial liability as a
result of allowing the service retirement benefits for certain employees within the
Department of Health and Human Services earned under the regular state employee and
teacher plan to be calculated under the 1998 Special Plan effective October 1, 2026.
GENERAL FUND 2025-26 2026-27
All Other $0 $4,310,037
__________ __________
GENERAL FUND TOTAL $0 $4,310,037
Page 8 - 132LR1673(07)
RETIREMENT SYSTEM, MAINE PUBLIC
EMPLOYEES
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND $0 $4,310,037
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $4,310,037
SECTION TOTALS 2025-26 2026-27
GENERAL FUND $0 $4,311,605
OTHER SPECIAL REVENUE FUNDS $0 $216,358
__________ __________
SECTION TOTAL - ALL FUNDS $0 $4,527,963