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An Act To Modify Retirement Plans for Fire Investigators and Sergeants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17851, sub-§13, as amended by PL 1999, c. 493, §3, is further amended to read:
 
13. Fire marshals; option.   Except as provided in section 17851-A, a state fire marshal, state fire marshal investigator or state fire marshal inspector qualifies for a service retirement benefit upon reaching 55 years of age after completing at least 25 years of creditable service in that capacity if notice of election of the option and payment of employee contributions and actuarial costs are made as provided in section 17852, subsection 13.
 
A.  Except as provided in section 17851-A, a state fire marshal investigator, state fire marshal senior investigator or state fire marshal sergeant qualifies for a service retirement benefit after completing at least 20 years of creditable service in that capacity.
Sec. 2. 5 MRSA §17852, sub-§1, ¶¶B and C, as amended by PL 2011, c. 380, Pt. T, §17, are further amended to read:
 
B. The total amount of the service retirement benefit of any member qualifying under section 17851, subsection 1-B, 1-C, 1-D or 1-E who became a member before July 1, 1947, and for whom the date of establishment of the retirement system is July 1, 1942, must be at least equal to 1/2 of the member's average final compensation, if the member has at least 20 years of total creditable service, including at least 13 years of prior service if the member retires upon or after reaching age 70; or
 
C. Effective October 1, 1999, for a member who, on October 1, 1999 or thereafter, meets the creditable service requirement for eligibility to receive a service retirement benefit, at the applicable age if so required, under section 17851, subsection 1-B; section 17851, subsection 1-C, paragraph A; section 17851, subsection 1-C, paragraph B; section 17851, subsection 1-D; section 17851, subsection 1-E; section 17851, subsection 2-B; section 17851, subsection 2-C, paragraph A; section 17851, subsection 2-C, paragraph B; section 17851, subsection 2-D; or section 17851, subsection 2-E, the factors specified in paragraphs A and B may not be changed, alone or in combination.; or
Sec. 3.  5 MRSA §17852, sub-§1, ¶D  is enacted to read:
 
D.  One-fortieth of the member's average final compensation multiplied by the number of years of membership service for up to 20 years and one-fiftieth for additional years. Membership service under this paragraph does not include creditable service under the Legislative Retirement Program.
Sec. 4. 5 MRSA §17852, sub-§13, ¶A, as amended by PL 2007, c. 491, §169, is further amended to read:
 
A. The person was first employed as a fire marshal on or after October 1, 1997, elects the option provided in section 17851, subsection 13 and pays to the State Employee and Teacher Retirement Program an increased employee payroll contribution in an amount that equals the full actuarial cost of electing that option; or
Sec. 5. 5 MRSA §17852, sub-§13, ¶B, as amended by PL 2007, c. 491, §170, is further amended to read:
 
B. The person was first employed as a fire marshal before October 1, 1997, elects the option provided in section 17851, subsection 13 and pays to the State Employee and Teacher Retirement Program a single payment or periodic payments of a lump sum or a combination of single and periodic payments of that amount that equals the full actuarial cost of electing that option for service before that date.; or
Sec. 6.  5 MRSA §17852, sub-§13, ¶C  is enacted to read:
 
C.  Except as provided in section 17851-A, the retirement benefit of a person who qualifies under section 17851, subsection 13, paragraph A and who retires after completing 20 years of creditable service is computed in accordance with subsection 1, paragraph D.
Sec. 7.  5 MRSA §17852, sub-§14, ¶C  is enacted to read:
 
C.  This subsection does not apply to members qualifying for benefits under section 17851, subsection 13, paragraph A.
 
SUMMARY
This bill changes the eligibility requirements for the retirement of a state fire marshal investigator, state fire marshal senior investigator and state fire marshal sergeant under the Maine Public Employees Retirement System from 55 years of age and 25 years of creditable service to just 20 years of creditable service.