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Maine Public Employees Retirement System
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 MainePERS New Legislation Q&A
     
The following are questions and answers related to recent legislation affecting MainePERS. Have a question? Click here to submit it online to MainePERS.
 
Q: I am a state employee and noticed in my most recent paycheck that the State share of contribution to retirement changed significantly. How does this affect the solvency of the Retirement System?
 
Q: What changes did the legislature make to cost-of-living adjustments (COLAs) and how do those changes affect me?
 
Q: I’ve heard about the “one time” COLA and would like to know what that is and how it affects me.
 
Q: When COLAs resume, will I still owe towards the recovery of the 2009 negative Consumer Price Index (CPI)?
 
Q: My understanding is that MainePERS does not handle health insurance coverage; however, I read that the legislature made changes to the retiree health insurance program related to retiring early. Please advise on how this may affect my decision to retire.
 

Q: I have worked for the State for three years. How does the change in the normal retirement age affect me?

 
Q: I understand there were new limits set for retirees who return to work. Can you tell me what that is?
 
 

Q: I am a state employee and noticed in my most recent paycheck that the State share of contribution to retirement changed significantly. How does this affect the solvency of the Retirement System? Additionally, the amount of “unfunded liability” contribution dropped approximately 3%. While not a major decrease, it still is a decrease. I am concerned that there was such angst about the state of the Retirement System - and more particularly the unfunded liability earlier this year - that any decrease in the state’s contribution will adversely impact the System.

 

A: The Legislature implemented changes to the design of the State/Teacher Retirement Plan in the most recent legislative session. These changes became effective July 1, 2011 which is why employees are now seeing these changes in their paychecks.

 

One of the biggest changes adopted by the Legislature was to reduce the cap on the amount of cost-of-living increases (COLAs) a member may receive on their benefit once they have retired. COLAs are based on the Consumer Price Index for Urban Consumers (CPI-U) as of the end of June of each year. MainePERS awards a COLA to retirees based on current law.

 

Through June 30, 2011, MainePERS was required to award a COLA based on the CPI up to a cap of 4%. Effective July 1, 2011, the law requires MainePERS to award a COLA on the first $20,000 of a member’s retirement benefit only, up to a cap of 3%. The $20,000 base will be increased each year for the amount of COLA awarded, with each year creating a higher base to which the COLA is applied as long as the CPI is positive. In addition, retiree benefits are frozen for three years, which means the COLA under these provisions starts in 2014. The only COLA potential for retirees in the interim is an ad hoc COLA in the second and third year of the freeze that does not increase the retiree’s base benefit.

 

The change in the COLA and the COLA freeze created a substantial decrease in the expected future costs of the State/Teacher Retirement Plan, which in turn decreased the Unfunded Actuarial Liability (UAL). The reason the State’s UAL contribution is lower is because the UAL is lower.

 

The same effect occurs in the State’s basic pension contribution. Decreasing the COLA a member will receive when she or he retires means that person’s overall retirement benefit will cost less. Therefore the amount that is required to be set aside is less. If the employee continues to pay 7.65% toward his or her retirement, the decrease in applied toward the State’s contribution which then goes down.

 

The changes in the plan do not affect the System’s solvency. The System is solvent. The COLA and other changes enacted by the Legislature in the last session improve the State’s ability to fund the costs of the Plan within the sources of revenue they have available because the Plan now costs less.

 

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Q: What changes did the legislature make to cost-of-living adjustments (COLAs) and how do those changes affect me?

 

A: The Legislature made several changes to the way that cost-of-living adjustments (COLAs) for retired state employees, teachers, judges and legislators are established.

 

• COLAs are frozen for three years. There will be no COLA in September 2011, 2012 or 2013.

 

• Cap on COLAs set at 3%. COLAs are capped at the level of the Consumer Price Index for All

Urban Consumers (CPI-U) or 3%, whichever is lower. Previously, the cap was 4%.

 

• COLA applies only to first $20,000 of benefit. The $20,000 base will go up each year based on actual COLAs granted. You can find an example of how the indexing will work at www.mainepers.org.

 

If you are already retired, these changes affect you in several ways.

 

• The three-year freeze on adjustments changes your potential retirement income during that period, because you will not receive an increase, even if there is inflation.

 

• Reducing the COLA cap from 4% to 3% has the potential to reduce your retirement income, depending upon the actual level of the CPI each year. If the CPI is less than 3%, there is no effect on retirement income.

 

• If your annual benefit is greater than $20,000, this change reduces your future retirement income since you will no longer receive a COLA on the full amount of your retirement benefit. For those with annual benefits less than $20,000, this change has no impact on retirement income.

 

If you are not yet retired, these changes may affect you in the future, since your retirement income may not grow at the same rate as it might have previously. This is important to take into consideration when planning for retirement.

 

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Q: I’ve heard about the “one time” COLA and would like to know what that is and how it affects me.

 

A: An additional change the legislature made was instituting a “one-time” COLA in 2012, 2013 and 2014. There will be a “one-time” COLA if there are sufficient funds at the close of the State’s fiscal year. For current retirees and those individuals who retire over the next few years, the “one-time” provision is the only way that a retiree will receive a COLA. Any COLA paid under this provision is a one-time payment and will not be counted when future COLAs are applied.

 

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Q: When COLAs resume, will I still owe towards the recovery of the 2009 negative Consumer Price Index (CPI)?

 

A: No, the legislation allowed for the full recovery of the remaining amount due in 2011 to offset the negative CPI in 2009.

 

When COLA payments resume in September 2014, there will be no reduction to account for the Legislature’s decision to not reduce retiree benefits in 2009 when the Consumer Price Index was negative.

 

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Q: My understanding is that MainePERS does not handle health insurance coverage; however, I read that the legislature made changes to the retiree health insurance program related to retiring early. Please advise on how this may affect my decision to retire.

 

A: Correct, the Legislature made several changes to the retiree health insurance program. State employees and teachers who retire early will not receive any state contribution to their retiree health insurance premium until they reach their normal retirement age (i.e. 60, 62 or 65). This does not apply to state employees covered by Special plans.

 

State employees hired on or after July 1, 2011 will need 10 years of participation in the group health plan to qualify for any state contribution to retiree health. In order to receive 100% health insurance premium subsidy, the employee will need 20 years of participation.

 

The cost of the group health plan is capped at last year’s level. Participants will pay for any increased costs through changes in benefit design.

 

If you decide to retire early, you will have to pay the full cost of health insurance until your normal retirement age. Alternately, you could find other health insurance and switch back to the state group health plan when you reach your normal retirement age, as long as you can show you had coverage while you were off the state plan. New employees will have to work longer to qualify for any retirement health insurance subsidy. All participants in the state group health plan can expect to pay higher co-pays and deductibles in the future. For more information, visit www.maine.gov/beh.

 

If you receive a disability retirement benefit, this change does not affect you. Additional action is expected to be considered during the upcoming legislative session that would further exempt retirees when they change from disability to service retirement.

 

Note: This change applies to State Employees who retire after January 1, 2012 and Teachers who retire after July 1, 2012.

 

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Q: I have worked for the State for three years. How does the change in the normal retirement age affect me?

 

A: The Legislature changed the “normal retirement age” for new hires and for current members who have less than 5 years of service on July 1, 2011 from age 62 to age 65. This is the age when a member with at least one year of service can begin to receive a retirement benefit. This does not apply to state employees covered by special plans.

 

Members with less than five years of service and new employees will have to wait longer before they can receive a benefit.

 

Eligible members can purchase service, for example, refunded time, in order to have enough credit to stay under the Age 62 plan. Service must have been available for purchase on June 30, 2011 in order for it to count towards the Age 62 plan. Members who were subject to furlough or shutdown days in 2010 and/or 2011 can purchase those days in order to remain in the Age 62 plan.

 

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Q: I understand there were new limits set for retirees who return to work. Can you tell me what that is?

 

A: The Legislature approved new requirements for State and Teacher members who retire at their normal retirement age (60, 62, or 65) and go back to work for an employer who is part of the State/ Teacher retirement plan. Retirees may not earn more than 75% of the salary established for the job or work for more than 5 years, and must wait 30 days after leaving their prior position before going back to work.

 

Before, there were no limits for State and Teacher retirees who retired at their normal retirement age.

 

If you retire earlier than your normal retirement age, once you reach your normal retirement age, the new rules also would apply. See www.mainepers.org for more information about the limits on returning to work if you are below normal retirement age.

 

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