Pension pay - retired Major Donald Herron

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) /L~._,t. . .,- jA--l.,. /'er~..:~ ~ 'S" "'h .{Q • ..(' ·A , :I Ii; (j I RICHARD S. COHEN ATTORNEY GENERAL JOHN MR. PATERSON S·rA'rE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA, MAINE 04333 January 29, 1979 DEPUTY ATTORNEY GENERAL To: John R. Nicholas, Director 0£ Administrative Services, Department of Public Safety From: Re: Kay R.H. Evans, Assistant Attorney General Pension Pay - Retired Major Donald Herron This responds to the question posed to this office by George A. Davala, former Director of Administrative Services at the Department of Public Safety, regarding the appropriate pension pay for Retired Major Donald Herron pursuant to 25 M.R.S.A. § 1591. In 1959, at the time of Major Herron's retirement, the State Police were an independent agency of State Government, R.S. 1954, c. 15. In 1959, the Major of the State Police was also the Deputy Chief. Since 1959, the State Police have undergone several reorganizations, most recently being incorporated into the broader Department of Public Safety. As a result, we are not in a position to say that the position of Deputy Chief in 1978 is analogous to the position of Deputy Chief as that position existed in 1959. Accordingly, we believe that the grade of Major in the Maine State Police is the appropriate grade for calcula- tion of retired Major Do~ald Herron's pay as this posi- tion is most analogous to the position which Mr. Herron held in the State Police in 1959. Further, 25 M.R.S.A. § 1501, at the time of Major Herron's retirement and now, authorized the appointment of "a commissioned officer of the State Police" to act as deputy. In other worQs, appointment as Deputy Chief has no relation to the particular grade of the officer holding the appointment. Under§ 1591, retirement pay is based on grade at time of retirement. I hope this information is helpful. cc: Col. Allan H. Weeks Maj. William Brown Otto w. Seibert Assistant Attorney General