Maine Revised Statutes Title 5 Sec. 17852-A – Computation of benefit for certain correctional facility employees
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Client” has the same meaning as in Title 34?A, section 1001, subsection 1?A. [PL 2017, c. 460, Pt. K, §1 (NEW).]
B. “Closure” means the removal of all clients from a correctional facility pursuant to legislation enacted into law approving the removal of all clients. [PL 2017, c. 460, Pt. K, §1 (NEW).]
C. “Correctional facility” has the same meaning as in Title 34?A, section 1001, subsection 6. [PL 2017, c. 460, Pt. K, §1 (NEW).]
[PL 2017, c. 460, Pt. K, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 17852-A
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Average final compensation: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001 Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001 Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 Normal retirement age: means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3?A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3. See Maine Revised Statutes Title 5 Sec. 17001 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001
2. Correctional facility employees. Notwithstanding section 17852 and any other provision of law, the service retirement benefit for a member for whom funding has been received under subsection 6 is computed as provided in subsection 3 if the member:
A. Has creditable service of 25 years or more; [PL 2017, c. 460, Pt. K, §1 (NEW).]
B. Has not reached what would be the member’s normal retirement age absent this section; [PL 2017, c. 460, Pt. K, §1 (NEW).]
C. Was employed in a correctional facility at the time legislation approving the closure of that correctional facility was enacted and that correctional facility is located more than 100 miles from the nearest correctional facility; and [PL 2017, c. 460, Pt. K, §1 (NEW).]
D. Retires as a direct result of the closure of the correctional facility described in paragraph C. [PL 2017, c. 460, Pt. K, §1 (NEW).]
[PL 2017, c. 460, Pt. K, §1 (NEW).]
3. Benefit. The amount of the service retirement benefit for a member qualified under subsection 2 is 1/50 of the member’s average final compensation multiplied by the number of years of creditable service.
[PL 2017, c. 460, Pt. K, §1 (NEW).]
4. Certification and calculation of required funding. Within 5 days of a closure of a correctional facility, the Commissioner of Corrections shall provide certification of the closure and the date of enactment and the chapter of the law approving the closure to the retirement system. The retirement system shall determine the required funding for service retirement benefits under subsection 3 for all members who meet the conditions of subsection 2 and shall provide the determined amount to the Commissioner of Administrative and Financial Services, the Commissioner of Corrections and the joint standing committee of the Legislature having jurisdiction over retirement matters.
[PL 2017, c. 460, Pt. K, §1 (NEW).]
5. Increase in employer contribution. Upon receipt of the determined required funding from the retirement system pursuant to subsection 4, the Department of Administrative and Financial Services shall assess a one-time increase in the Department of Corrections’ employer contribution rate provided for in section 17253 to fully fund the determined amount.
[PL 2017, c. 460, Pt. K, §1 (NEW).]
6. Receipt of funding. The service retirement benefit for a member who meets the conditions of subsection 2 is paid under subsection 3 only if the retirement system has received the funding from the additional assessment provided for in subsection 5 or received an appropriation from the Legislature for the required funding under subsection 4.
[PL 2017, c. 460, Pt. K, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 460, Pt. K, §1 (NEW).