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1992 Maine Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagme0020 and id is 1 raw text is: 92-1
MICHAEL E. CARPENTER                                   PLEASE REPLY TO:
ATTORNEY GENERAL                                  96 HARLOW ST., SUITE A
BANGOR, MAINE 04401
VENDEAN V. VAFIADES                                    Tl: (207) 941-3070
CHIEF DEPUTY             STATE OF MAINE
DEPARTMENT OF THE ATTORNEY GENERAL    PRELE  4EE 1
Telephone: (207] 626-8800  STATE HOUSE STATION  6      TEL (207) 879426o
FAX: (207) 289-3145        AUGUSTA, MAINE 04333
February 10, 1992
Claude R. Perrier, Executive Director
Maine State Retirement System
State House Station 46
Augusta, Maine   04333
Dear Mr. Perrier:
On behalf of the Board of Trustees of the Maine State
Retirement System, you have requested an opinion from this
Department as to whether, in light of a recent amendment to
Article IX, Section 18 of the Maine Constitution prohibiting
the deappropriation of appropriations made to the Maine State
Retirement System, the Legislature may deappropriate funds
previously appropriated to the Maine Judicial Retirement
System. Specifically, during the special session in December,
1991, the Legislature enacted an appropriation bill which
resulted in a deappropriation of funds previously appropriated
to the Judicial Department to be expended for contributions to
the Maine Judicial Retirement System. For the reasons set
forth below, it is the opinion of this Department that the
Maine Judicial Retirement System is a separate system from the
Maine State Retirement System and therefore, the constitutional
language does not prohibit the deappr6priation of
appropriations made to the Maine Judicial Retirement System.
The original version of Article IX, Section 18 became
effective on November 21, 1962 and provided as follows:
All of the assets, and proceeds or income
therefrom, of the Maine State Retirement
System or any successor system and all
contributions and payments made to the
system to provide for retirement and related
benefits shall be held, invested or
disbursed as in trust for the exclusive
purpose of providing for such benefits and
shall not be encumbered for, or diverted to,
other purposes.

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