5 M.R.S. § 17851 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17851
5 §17851. Qualification for benefits
Status: in_force

1. Member in service; 10 years of creditable service on July 1, 1993. [PL 1999, c. 489, §5 (RP).]

1-A. Member in service; less than 10 years creditable service on July 1, 1993. [PL 1999, c. 489, §6 (RP).]

1-B. Member in service at retirement; 10 years of creditable service on July 1, 1993. A member who on July 1, 1993, had 10 years of creditable service and who is in service at retirement, or a member who on July 1, 1993 had reached 60 years of age and had been in service for a minimum of one year immediately before July 1, 1993 and has been in service for a minimum of one year immediately before retirement, qualifies for a service retirement benefit if the member retires upon or after reaching 60 years of age. For the purpose of determining completion of the 10-year requirement, the 10 years of creditable service may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 . A. Effective October 1, 1999, the creditable service and age requirements of this subsection may not be increased for a member who on or before October 1, 1999 met either of the requirements for eligibility for service retirement benefits under this subsection, whether or not the member is in service on October 1, 1999. [PL 1999, c. 489, §7 (NEW).] B. For the purpose of calculating creditable service under this subsection only, creditable service includes time during which a member participated in the voluntary cost savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV, or 10 years of combined creditable service under this Part and Title 3, chapter 29 , or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1999, c. 489, §7 (NEW).] [PL 2007, c. 491, §147 (AMD).]

1-C. Member in service at retirement; fewer than 10 years creditable service on July 1, 1993. A member who on July 1, 1993, had neither 10 years of creditable service nor had reached 60 years of age with one year of creditable service immediately before July 1, 1993 who is in service at retirement, qualifies for a service retirement benefit if the member retires upon or after reaching 62 years of age and: A. Has been in service for a minimum of one year immediately before retirement or has at least 10 years of creditable service, which, for the purpose of determining completion of the 10-year requirement, may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 ; or [PL 2007, c. 491, §148 (AMD).] B. Effective October 1, 1999, is in service on October 1, 1999 and had fewer than 10 years of creditable service on July 1, 1993, including any person who was not in service on July 1, 1993, and: (1) Is in service upon or after reaching 62 years of age; (2) Has been in service for a minimum of one year immediately before retirement or has at least 5 years of creditable service, which, for the purpose of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 ; and (3) Meets the applicability requirements of subsection 3‑A . [PL 2007, c. 491, §149 (AMD).] When a member has met either of the creditable service requirements set out in either paragraph A or paragraph B , subparagraph (2) for eligibility to receive a service retirement benefit under this subsection, the creditable service and age requirements of this subsection may not be increased for that member. [PL 2007, c. 491, §§148, 149 (AMD).]

1-D. Member in service at retirement; at least 5 years creditable service on July 1, 2011. Eligibility for retirement for a member who on July 1, 2011 had at least 5 years of creditable service is governed by subsection 1‑B if the member had 10 years of creditable service on July 1, 1993 or was 60 years of age and had been in service for a minimum of one year immediately before July 1, 1993 or by subsection 1‑C if the member had less than 10 years of creditable service on July 1, 1993 and had not reached 60 years of age with one year of creditable service immediately before July 1, 1993. For the purpose of calculating creditable service under this subsection only, creditable service includes: A. Creditable service available to a member that the member was eligible to purchase on June 30, 2011 and that the member does purchase in accordance with rules adopted by the board; and [PL 2011, c. 380, Pt. T, §12 (NEW).] B. Creditable service for which the member makes payment for certain days off without pay during fiscal year 2009-10 or fiscal year 2010-11. The amount of the required payment must be made in accordance with section 17704‑B and payment may be made at any time prior to retirement. [PL 2011, c. 380, Pt. T, §12 (NEW).] [PL 2011, c. 380, Pt. T, §12 (NEW).]

1-E. Member in service at retirement; fewer than 5 years creditable service on July 1, 2011. A member who on July 1, 2011 had neither 5 years of creditable service nor had reached 62 years of age with one year of creditable service immediately before July 1, 2011 who is in service at retirement qualifies for a service retirement benefit if the member retires upon or after reaching 65 years of age. The creditable service and age requirements of this subsection may not be increased for a member who: A. Has been in service for a minimum of one year immediately before retirement or has at least 5 years of creditable service, which, for the purpose of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 ; or [PL 2011, c. 380, Pt. T, §13 (NEW).] B. Meets the applicability requirements of subsection 3‑A . [PL 2011, c. 380, Pt. T, §13 (NEW).] [PL 2011, c. 380, Pt. T, §13 (NEW).]

2. Member not in service; 10 years of creditable service on July 1, 1993. [PL 1999, c. 489, §8 (RP).]

2-A. Member not in service; less than 10 years creditable service on July 1, 1993. [PL 1999, c. 489, §9 (RP).]

2-B. Member not in service at retirement; 10 years of creditable service on July 1, 1993. A member who on July 1, 1993 had 10 years of creditable service and who is not in service at retirement qualifies for a service retirement benefit upon or after reaching 60 years of age. For the purpose of determining completion of the 10-year requirement, the 10 years of creditable service may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 . A. Effective October 1, 1999, the creditable service and age requirements of this subsection may not be increased for a member who on or before October 1, 1999 met the creditable service requirements for eligibility for service retirement benefits under this subsection, whether or not the member is in service on October 1, 1999. [PL 1999, c. 489, §10 (NEW).] B. For the purpose of calculating creditable service under this subsection only, creditable service includes time during which a member participated in the voluntary cost savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV, or 10 years of combined creditable service under this Part and Title 3, chapter 29 or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [PL 1999, c. 489, §10 (NEW).] [PL 2007, c. 491, §150 (AMD).]

2-C. Member not in service at retirement; fewer than 10 years creditable service on July 1, 1993. A member who on July 1, 1993, did not have 10 years of creditable service and who is not in service at retirement qualifies for a service retirement benefit if the member retires upon or after reaching 62 years of age and: A. Has at least 10 years of creditable service, which, for the purpose of determining completion of the 10-year requirement, may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 ; or [PL 2007, c. 491, §151 (AMD).] B. Effective October 1, 1999, is in service on October 1, 1999, had left service prior to October 1, 1999 with or without withdrawing that member's contributions and on or after October 1, 1999 returns to service or is first in service on or after October 1, 1999 and: (1) Has reached 62 years of age; and (2) Has at least 5 years of creditable service, which, for the purpose of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 . [PL 2007, c. 491, §152 (AMD).] When a member has met the creditable service requirement set out in paragraph A or paragraph B , subparagraph (2) for eligibility to receive a service retirement benefit under this subsection, the creditable service and age requirements of this subsection may not be increased for that member. [PL 2007, c. 491, §§151, 152 (AMD).]

2-D. Member not in service at retirement; at least 5 years creditable service on July 1, 2011. Eligibility for retirement for a member who is not in service at retirement and who on July 1, 2011 had at least 5 years of creditable service is governed by subsection 2‑B if the member had 10 years of creditable service on July 1, 1993 or by subsection 2‑C if the member had less than 10 years of creditable service on July 1, 1993. For the purpose of calculating creditable service under this subsection only, creditable service includes: A. Creditable service available to a member that the member was eligible to purchase on June 30, 2011 and that the member does purchase in accordance with rules adopted by the board; and [PL 2011, c. 380, Pt. T, §14 (NEW).] B. Creditable service for which the member makes payment for certain days off without pay during fiscal year 2009-10 or fiscal year 2010-11. The amount of the required payment must be made in accordance with section 17704‑B and payment may be made at any time prior to retirement. [PL 2011, c. 380, Pt. T, §14 (NEW).] [PL 2011, c. 380, Pt. T, §14 (NEW).]

2-E. Member not in service at retirement; fewer than 5 years creditable service on July 1, 2011. A member who on July 1, 2011 did not have 5 years of creditable service and who is not in service at retirement qualifies for a service retirement benefit if the member retires upon or after reaching 65 years of age. The creditable service and age requirements of this subsection may not be increased for a member who: A. Has at least 5 years of creditable service, which, for the purpose of determining completion of the 5-year requirement, may include creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 ; or [PL 2011, c. 380, Pt. T, §15 (NEW).] B. Meets the applicability requirements of subsection 3‑A . [PL 2011, c. 380, Pt. T, §15 (NEW).] [RR 2011, c. 1, §8 (COR).]

3. Member with creditable service of 25 years or more whether or not in service at retirement. A member, whether or not in service at retirement, who has completed 25 or more years of creditable service qualifies for a service retirement benefit if the member retires at any time after completing 25 years of service, which may include, for the purpose of determining completion of the 25-year requirement, creditable service as a member of the Legislative Retirement Program under Title 3, section 701, subsection 8 . A. [PL 1987, c. 256, §14 (RP).] B. [PL 1987, c. 256, §14 (RP).] C. Effective October 1, 1999, the number of years required to qualify for a service retirement benefit under this subsection may not be increased for members who on October 1, 1999 have met the creditable service requirement for eligibility to receive a service retirement benefit under subsection 1‑B; subsection 2‑B; subsection 1‑C, paragraph A ; subsection 1‑C, paragraph B ; subsection 2‑C, paragraph A ; or subsection 2‑C, paragraph B , or who, after October 1, 1999, meet the creditable service requirement for eligibility to receive a service retirement benefit under subsection 1‑C, paragraph B or subsection 2‑C, paragraph B . [PL 1999, c. 489, §11 (NEW).] [PL 2007, c. 491, §153 (AMD).]

3-A. Five-year minimum creditable service requirement for eligibility to receive a service retirement benefit at the applicable age; applicability. The minimum requirement of 5 years of creditable service for eligibility to receive service retirement benefits under subsection 1‑C, paragraph B , subsection 2‑C, paragraph B and subsections 2‑D and 2‑E applies only to: A. A member who is in service on October 1, 1999; [PL 1999, c. 489, §12 (NEW).] B. Upon return to service, a member who had left service prior to October 1, 1999 with or without withdrawing that member's contributions and on or after October 1, 1999 returns to service; or [PL 1999, c. 756, §15 (AMD).] C. A member who is first in service on or after October 1, 1999. [PL 1999, c. 756, §15 (AMD).] For other members to whom subsections 1‑C , 2‑C , 2‑D and 2‑E apply, the 10 years of creditable service requirement for eligibility to receive a service retirement benefit at the applicable age remains in effect on and after October 1, 1999. [PL 2011, c. 380, Pt. T, §16 (AMD).]

4. State police. A state police officer or other employee of the Bureau of State Police qualifies for a service retirement benefit if that state police officer or employee: A. Became a state police officer after July 9, 1943, but before September 16, 1984, and retires after completing 20 years of creditable service as a state police officer, which may include creditable service under section 17760, subsection 1 , but may not include creditable service under section 17760, subsection 3 ; or [PL 2003, c. 693, §4 (AMD).] B. Became a state police officer after September 15, 1984 or a special agent investigator before June 21, 1982 and completed 25 years of creditable service as a state police officer or special agent investigator, which may include creditable service under section 17760 . [PL 2001, c. 181, §7 (AMD).] [PL 2003, c. 693, §4 (AMD).]

5. Inland Fisheries and Wildlife officers. Except as provided in section 17851‑A , a law enforcement officer in the Department of Inland Fisheries and Wildlife qualifies for a service retirement benefit if the officer: A. Was employed in that capacity before September 1, 1984; and [PL 1985, c. 801, §§5,7 (NEW).] B. Retires after completing 20 years of creditable service in that capacity, which may include creditable service under section 17760, subsection 1 , but may not include creditable service under section 17760, subsection 3 . [PL 2003, c. 693, §5 (AMD).] [PL 2003, c. 693, §5 (AMD).]

5-A. Inland Fisheries and Wildlife officers after August 31, 1984; option. Except as provided in section 17851‑A , a law enforcement officer in the Department of Inland Fisheries and Wildlife who was first employed in that capacity after August 31, 1984 or who, if employed in that capacity before August 31, 1984, ceased to be employed in that capacity on or before that date and who subsequently became reemployed in that capacity after that date 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 5‑A . [PL 1997, c. 769, §4 (AMD).]

5-B. Inland fisheries and wildlife officers after August 31, 1984. Beginning September 1, 2002 and subject to subsection 5‑C , a law enforcement officer in the Department of Inland Fisheries and Wildlife who was first employed in that capacity after August 31, 1984 or who, if employed in that capacity before August 31, 1984, ceased to be employed in that capacity on or before that date and who subsequently became reemployed in that capacity after that date qualifies for a service retirement benefit after completing at least 25 years of creditable service in that capacity. [PL 2001, c. 559, Pt. RR, §3 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).]

5-C. Inland fisheries and wildlife officers; contingent qualification for benefits. Notwithstanding subsection 5‑A and section 17851‑A, subsection 1, paragraph B , the qualification for a service retirement benefit for a law enforcement officer in the Department of Inland Fisheries and Wildlife who was first employed after August 31, 1984 is governed by the provisions of subsection 5‑B for all service earned in a covered capacity upon certification by the chief executive officer of the retirement system to the Governor and the Commissioner of Inland Fisheries and Wildlife that all liabilities associated with that service have been paid in full by the State to the system. [PL 2007, c. 491, §154 (AMD); PL 2021, c. 548, §45 (REV).]

6. Marine Resources officers. Except as provided in section 17851‑A , a law enforcement officer in the Department of Marine Resources qualifies for a service retirement benefit if the officer: A. Was employed in that capacity before September 1, 1984; and [PL 1985, c. 801, §§5,7 (NEW).] B. Retires after completing 20 years of creditable service in that capacity, which may include creditable service under section 17760, subsection 1 , but may not include creditable service under section 17760, subsection 3 . [PL 2003, c. 693, §6 (AMD).] [PL 2003, c. 693, §6 (AMD).]

6-A. Marine resources officers after August 31, 1984; option. Except as provided in section 17851‑A , a law enforcement officer in the Department of Marine Resources who was first employed in that capacity after August 31, 1984 or who, if employed in that capacity before August 31, 1984, ceased to be employed in that capacity on or before that date and who subsequently became reemployed in that capacity after that date 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 6‑A . [PL 1997, c. 769, §6 (AMD).]

6-B. Marine resources officers after August 31, 1984. Beginning September 1, 2002 and subject to subsection 6‑C , a law enforcement officer in the Department of Marine Resources who was first employed in that capacity after August 31, 1984 or who, if employed in that capacity before August 31, 1984, ceased to be employed in that capacity on or before that date and who subsequently became reemployed in that capacity after that date qualifies for a service retirement benefit after completing at least 25 years of creditable service in that capacity. [PL 2001, c. 559, Pt. RR, §4 (NEW); PL 2001, c. 559, Pt. RR, §17 (AFF).]

6-C. Marine resources officers; contingent qualification for benefits. Notwithstanding subsection 6‑A and section 17851‑A, subsection 1, paragraph A , the qualification for a service retirement benefit for a law enforcement officer in the Department of Marine Resources who was first employed after August 31, 1984 is governed by the provisions of subsection 6‑B for all service earned in a covered capacity upon certification by the chief executive officer of the retirement system to the Governor and the Commissioner of Marine Resources that all liabilities associated with that service have been paid in full by the State to the system. [PL 2007, c. 491, §155 (AMD); PL 2021, c. 548, §45 (REV).]

7. Department of Marine Resources commissioner or deputy. A commissioner or deputy commissioner of the Department of Marine Resources qualifies for a service retirement benefit if the commissioner or deputy commissioner: A. Qualifies under subsection 6 ; and [PL 1985, c. 801, §§5, 7 (NEW).] B. Contributed or had pick-up contributions made by the employer as a law enforcement officer under section 17710, subsection 1 . [PL 1987, c. 739, §§26,48 (AMD).] [RR 2023, c. 2, Pt. B, §117 (COR).]

8. Forest rangers. Except as provided in section 17851‑A , a forest ranger in the Department of Agriculture, Conservation and Forestry qualifies for a service retirement benefit if the forest ranger: A. Was employed in that capacity before September 1, 1984; and [PL 1985, c. 801, §§5,7 (NEW).] B. Retires upon reaching 50 years of age or upon completion of 25 years of creditable service in that capacity, whichever is later. [PL 1985, c. 801, §§5,7 (NEW).] [PL 1997, c. 769, §7 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

8-A. Forest rangers after August 31, 1984; option. Except as provided in section 17851‑A , a forest ranger in the Department of Agriculture, Conservation and Forestry who was first employed in that capacity after August 31, 1984 or who, if employed in that capacity before August 31, 1984, ceased to be employed in that capacity on or before that date and who subsequently became reemployed in that capacity after that date 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 7‑A . [PL 1997, c. 769, §8 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

9. Airplane pilots. Except as provided in section 17851‑A , an airplane pilot employed by the State qualifies for a service retirement benefit if that pilot: A. Was employed in that capacity before September 1, 1984; [PL 1985, c. 801, §§5,7 (NEW).] B. Completes at least 25 years of creditable service in that capacity; and [PL 1985, c. 801, §§5,7 (NEW).] C. Retires upon or after reaching age 55. [PL 1985, c. 801, §§5,7 (NEW).] [PL 1997, c. 769, §9 (AMD).]

10. Liquor inspectors. Except as provided in subsection 10‑A and in section 17851‑A , a liquor inspector, including the chief inspector, qualifies for a service retirement benefit if that inspector: A. Was employed in that capacity before September 1, 1984; [PL 1985, c. 801, §§5,7 (NEW).] B. Completes at least 25 years of creditable service in that capacity; and [PL 1985, c. 801, §§5,7 (NEW).] C. Retires upon or after reaching age 55. [PL 1985, c. 801, §§5,7 (NEW).] [PL 2003, c. 451, Pt. GG, §1 (AMD).]

10-A. Liquor inspectors laid off pursuant to public law. This subsection applies to any liquor inspector, including the chief inspector, who: A. Began employment as a liquor inspector or chief inspector prior to September 1, 1984; [PL 2003, c. 451, Pt. GG, §2 (NEW).] B. Was serving in that capacity on September 1, 1984; and [PL 2003, c. 451, Pt. GG, §2 (NEW).] C. Was laid off as a liquor inspector or chief inspector pursuant to Public Law 2003, chapter 20. [PL 2003, c. 451, Pt. GG, §2 (NEW).] Notwithstanding any other law, a liquor inspector or chief inspector covered by this subsection who did not complete the age or service requirements for retirement under section 17851, subsection 10 prior to being laid off and who subsequently earns service in any special or regular plan covered by the State Employee and Teacher Retirement Program qualifies for a service retirement benefit upon completing at least 25 years of service and attaining 55 years of age. [PL 2007, c. 491, §156 (AMD).]

11. Maine State Prison employees. Except as provided in section 17851‑A , the warden or deputy warden of the Maine State Prison, any officer or employee of the Maine State Prison employed as a guard or in the management of prisoners or any person employed as the supervising officer of those officers or employees or as an advocate at the Maine State Prison qualifies for a service retirement benefit if that person: A. Was employed in one of those capacities before September 1, 1984 and: (1) Completes 20 years of creditable service in one or more of those capacities; and (2) Retires upon or after reaching the age of 50 years; or [PL 1991, c. 857, §2 (AMD).] B. Was employed in one of those capacities after August 31, 1984 and before January 1, 2000 and completed 25 years of creditable service in one or more of those capacities. [PL 1999, c. 493, §1 (AMD).] Notwithstanding any other provision in this section, no person in the employ of the Bangor Pre-Release Center on August 4, 1988 who would have qualified for a service retirement benefit if the Bangor Pre-Release Center had remained the administrative responsibility of the Maine State Prison may be denied such a benefit by virtue of the transfer of that responsibility to the former Charleston Correctional Facility. A person in the employ of the Bangor Pre-Release Center to whom paragraph A applies and who is employed at the Bangor Pre-Release Center on June 30, 2000 remains covered under paragraph A notwithstanding the closing of the Bangor Pre-Release Center if the person is thereafter and without a break in service employed in a capacity to which this subsection or section 17851‑A, subsection 1, paragraph I applies or if not thereafter employed in such a capacity but having qualified at the time of the closing of the Bangor Pre-Release Center for retirement under paragraph A , retires then or at a later time. [PL 2017, c. 148, §1 (AMD).]

12. Baxter State Park Authority rangers; option. Except as provided in section 17851‑A , a law enforcement officer in the employment of the Baxter State Park Authority 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 11 . [PL 1999, c. 493, §2 (AMD).]

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 . [PL 1999, c. 493, §3 (AMD).]

14. Motor vehicle detectives; option. Except as provided in section 17851‑A , a motor vehicle detective, senior motor vehicle detective, principal motor vehicle detective or chief motor vehicle detective 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 15 . [PL 2019, c. 541, §1 (AMD).]

15. Limitation to increases in creditable service or age requirements. Effective October 1, 1999, whether or not the member is in service on October 1, 1999, the creditable service requirement, or combined age and creditable service requirement, for eligibility to receive a service retirement benefit under subsections 4 to 14 may not be increased for a member who on October 1, 1999 or thereafter meets the creditable service requirements under subsections 4 to 14 , respectively. [PL 1999, c. 489, §13 (NEW).]

16. Member whose position is moved from one special plan to another special plan. A member whose position is subject to subsection 4 , 5‑B , 6‑B or 7 or section 17851‑A , 17851‑B or 17851‑C and, due to a change in law, becomes subject to different benefit qualification requirements may retire under the former benefit qualification requirements and the associated benefit computation provisions if the member remains in the position until the former requirements would have been met had the change in law not occurred. [PL 2025, c. 221, §23 (AMD).]

17. Member eligible to retire from plans with different normal retirement ages. A member who meets eligibility requirements to retire from plans with different normal retirement ages may retire and, at the election of the member, defer initiation of service retirement benefits from any plan in which the benefits would be reduced because the member has not reached normal retirement age. The deferral ends when the member reaches normal retirement age for the plan. The election to defer is irrevocable and must be made before payment of a service retirement benefit begins. Service retirement benefits deferred under this subsection must be paid by the retirement system without an early retirement reduction and without any retroactive payment for the deferral period. If the member dies before the end of the deferral period, the deferral of benefits applies to any continuing beneficiary payments for the same deferral period that would have been applicable to the member. This subsection applies to a member with service credit from a participating local district who retires under a plan in this chapter. [PL 2025, c. 12, §1 (AMD).]
5 M.R.S. § 286-B — ME Code / Title 5 / Part 1 / Chapter 13 / Section 286-B
5 §286-B. Irrevocable Trust Funds for Other Post-employment Benefits
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Retiree health benefits" means health benefits as determined from time to time by the State Employee Health Commission pursuant to section 285 . [PL 2007, c. 240, Pt. RRR, §1 (NEW).] B. "Investment trust fund" means the Retiree Health Insurance Post-employment Benefits Investment Trust Fund established under section 17432 . [PL 2007, c. 240, Pt. RRR, §1 (NEW).] C. "Irrevocable trust funds" means the Irrevocable Trust Funds for Other Post-employment Benefits established under subsection 2 . "Irrevocable trust funds" includes the state employee plan, the teacher plan and the first responder plan. [PL 2011, c. 380, Pt. Y, §1 (AMD).] D. "State employee plan" means the irrevocable trust fund established for eligible participants described in section 285, subsection 1‑A . [PL 2011, c. 380, Pt. Y, §1 (NEW).] E. "Teacher plan" means the irrevocable trust fund established for eligible participants described in Title 20‑A, section 13451, subsections 2 , 2‑A , 2‑B and 2‑C . [PL 2011, c. 380, Pt. Y, §1 (NEW).] F. "First responder plan" means the irrevocable trust fund established for eligible participants described in section 285, subsection 11‑A . [PL 2011, c. 380, Pt. Y, §1 (NEW).] [PL 2011, c. 380, Pt. Y, §1 (AMD).]

2. Establishment. The Irrevocable Trust Funds for Other Post-employment Benefits are established to meet the State's unfunded liability obligations for retiree health benefits. The state employee plan is established for eligible participants as described in section 285, subsection 1‑A . The teacher plan is established for eligible participants, beginning July 1, 2011, as described in Title 20‑A, section 13451, subsections 2 , 2‑A , 2‑B and 2‑C . The first responder plan is established for eligible participants as described in section 285, subsection 11‑A . Funds appropriated for the irrevocable trust funds must be held in trust and must be invested or disbursed for the exclusive purpose of providing for retiree health benefits and may not be encumbered for, or diverted to, other purposes. Funds appropriated for the irrevocable trust funds may not be diverted or deappropriated by any subsequent action. Annually, beginning with the fiscal year starting July 1, 2007, the Legislature shall appropriate funds to meet the State's obligations under any group health plan, policy or contract purchased by the State Employee Health Commission to provide retiree health benefits pursuant to section 285, subsection 5 and, if applicable, to meet the State's obligations under any self-insured group health plan pursuant to section 285, subsection 9 . Unfunded liabilities may not be created except those resulting from experience losses. Unfunded liability resulting from experience losses must be retired over a period not exceeding 10 years. Annually, beginning with the fiscal year starting July 1, 2009, the Legislature shall appropriate funds that will retire, in 30 years or less from July 1, 2007, the unfunded liability for retiree health benefits for eligible participants in the state employee plan. The unfunded liability referred to in this section is that determined by the Department of Administrative and Financial Services, Office of the State Controller's actuaries and certified by the Commissioner of Administrative and Financial Services as of June 30, 2006. Annually, beginning with the fiscal year starting July 1, 2011, the Legislature shall appropriate funds that will retire, in 30 years or less from July 1, 2007, the unfunded liability for retiree health benefits for eligible participants in the first responder plan. The unfunded liability referred to in this section is that determined by the Department of Administrative and Financial Services, Office of the State Controller's actuaries and certified by the Commissioner of Administrative and Financial Services as of June 30, 2006. Annually, beginning with the fiscal year starting July 1, 2015, the Legislature shall appropriate funds that will retire, in 30 years or less from July 1, 2007, the unfunded liability for retiree health benefits for eligible participants in the teacher plan. The unfunded liability referred to in this section is that determined by the Department of Administrative and Financial Services, Office of the State Controller's actuaries and certified by the Commissioner of Administrative and Financial Services as of June 30, 2006. [PL 2013, c. 368, Pt. H, §2 (AMD).]

3. Trustees. The trustees of the irrevocable trust funds are as follows. A. The Treasurer of State and the State Controller shall serve as trustees of the state employee plan. [PL 2011, c. 380, Pt. Y, §1 (NEW).] B. An independent, nongovernmental entity with a physical presence in the State selected by the Treasurer of State with the advice of the State Controller and municipal, school management and education associations pursuant to the process set forth in Title 5, chapter 155 shall serve as the trustee of the teacher plan and the first responder plan. [PL 2011, c. 380, Pt. Y, §1 (NEW).] [PL 2011, c. 380, Pt. Y, §1 (AMD).]

4. Duties of the trustees. The trustees of the irrevocable trust funds have the following duties. A. The trustees of the irrevocable trust funds shall calculate the funds necessary to fund the state employee health insurance program, including the unfunded liability as determined in accordance with subsection 2 , on an actuarially sound basis and transmit those calculations to the State Budget Officer as required by chapter 149 . The Legislature shall appropriate and transfer annually those funds the trustees of the irrevocable trust funds determine to be necessary under this subsection to fund the state employee health insurance program on an actuarially sound basis, including a contribution to the irrevocable trust funds. [PL 2011, c. 380, Pt. Y, §1 (AMD).] B. The trustees of the irrevocable trust funds biannually shall make, or cause to be made, valuations of the assets and liabilities of the state employee health insurance program. The trustees of the irrevocable trust funds shall select an independent actuary to make annual valuations of the assets and liabilities of the state employee health insurance program on the basis of actuarial assumptions adopted by the trustees of the irrevocable trust funds. The actuary may not be an officer or employee of the State. The goal of the actuarial assumptions is to achieve a fully funded state employee health insurance program. [PL 2011, c. 380, Pt. Y, §1 (AMD).] C. The trustees of the irrevocable trust funds annually shall conduct, or cause to be conducted, an audit of the irrevocable trust funds. The trustees of the irrevocable trust funds shall select an independent auditor to perform the audit. The auditor may not be an officer or employee of the State. [PL 2011, c. 380, Pt. Y, §1 (AMD).] D. The trustees of the irrevocable trust funds shall make the final decision on all matters pertaining to administration, actuarial assumptions, actuarial recommendations, funding, payout schedule and long-term time horizon for the irrevocable trust funds. [PL 2011, c. 380, Pt. Y, §1 (AMD).] [PL 2011, c. 380, Pt. Y, §1 (AMD).]

5. Investment of funds. The trustees of the investment trust fund are responsible for the investment and reinvestment of the funds appropriated to the irrevocable trust funds and transferred to the investment trust fund in accordance with the Maine Uniform Trust Code and the Maine Uniform Prudent Investor Act under Title 18‑B , subject to the guidelines set for the investment trust fund in section 17435 . [PL 2011, c. 380, Pt. Y, §1 (AMD).]

6. Report to Legislature. The trustees of the irrevocable trust funds shall make a written report to the joint standing committee of the Legislature having jurisdiction over appropriations matters and the joint standing committee of the Legislature having jurisdiction over labor matters on or before March 1st of each year that contains a discussion of any areas of policy or administration of the irrevocable trust funds that, in the opinion of the trustees of the irrevocable trust funds, should be brought to the attention of the joint standing committees; a discussion of the progress toward meeting the goals of this section; and a review of the status of the irrevocable trust funds. [PL 2011, c. 380, Pt. Y, §1 (AMD).]
5 M.R.S. § 13056-G — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13056-G
5 §13056-G. Maine Coworking  Development Fund
Status: in_force

The Maine Coworking Development Fund is established within the department to strengthen opportunities for entrepreneurship, stimulate innovation in the State by increasing the availability of collaborative workspace environments and address a regional market demand for affordable work environments that support communication, information sharing and networking opportunities. The fund is established to match public and private funds to further the purposes of this section. [PL 2015, c. 362, §1 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Collaborative workspace" means coworking, shared working environments that promote collaboration, interaction, socialization and coordination among tenants through the clustering of multiple businesses or individuals within the shared work environment. [PL 2015, c. 362, §1 (NEW).] B. "Collaborative workspace business" means a corporation, partnership, limited liability corporation, professional corporation or other legal business entity recognized under the laws of the State engaging or proposing to engage in economic activity within the State. [PL 2015, c. 362, §1 (NEW).] C. "Fund" means the Maine Coworking Development Fund established in this section. [PL 2015, c. 362, §1 (NEW).] D. "Participant" means a sole proprietorship, business partnership or corporation operating a business for profit through which the owner accesses business development services in a collaborative workspace. [PL 2015, c. 362, §1 (NEW).] E. "Tenant" means a sole proprietorship, business partnership or corporation operating a business for profit and leasing or otherwise occupying collaborative workspace from a collaborative workspace business. [PL 2015, c. 362, §1 (NEW).] F. "Transformative development" means redevelopment on a scale and of a character capable of catalyzing significant follow-on private investment, leading over time to transformation of an entire downtown or urban neighborhood and consistent with local plans. Transformative development may involve major investment in new construction, rehabilitation and adaptive reuse or multiple smaller investments on a sustained basis. [PL 2015, c. 362, §1 (NEW).] [PL 2015, c. 362, §1 (NEW).]

2. Organization. The department has all the powers and authority not explicitly prohibited by law necessary or convenient to carry out and effectuate the functions, duties and responsibilities of the fund, including, but not limited to: A. Promoting transformative development by taking actions in partnership with private enterprise and the Federal Government to: (1) Make equity investments and provide technical assistance to revitalize and support residential, commercial, industrial and institutional development, or any mix of such uses, in order to promote collaborative workspaces; (2) Promote the creation of collaborative workspaces by providing financial assistance for capital investments in underutilized buildings; (3) Foster collaboration and connections among innovative and creative enterprises by providing central locations for such businesses or individuals to work in an environment designed to promote sharing of resources, experience and expertise; (4) Support partnerships between municipalities, property owners and collaborative workspace businesses to establish such collaborative workspaces; and (5) Require such collaborative workspaces to provide shared space that promotes the interaction, socialization and coordination among tenants and participants through the clustering of multiple tenants and participants within the collaborative workspace; [PL 2015, c. 362, §1 (NEW).] B. Soliciting, borrowing, accepting and receiving money from a public or private source to augment state contributions to the fund; [PL 2015, c. 362, §1 (NEW).] C. Approving an annual budget for the fund and investing and expending money from the fund; [PL 2015, c. 362, §1 (NEW).] D. Contracting with public entities as necessary to further the purposes of this section; [PL 2015, c. 362, §1 (NEW).] E. Carrying forward any unexpended state appropriations and allocations into succeeding fiscal years; [PL 2015, c. 362, §1 (NEW).] F. Receiving and accepting allocations, appropriations, grants or contributions of money to be held, used or applied to carry out this subchapter, subject to the conditions upon which the grants and contributions may be made, including, but not limited to, appropriations, allocations, grants or gifts from any federal agency or governmental subdivision or the State and its agencies. The amounts of the revenues generated by the investment of money contained in the fund may be used to pay the department's operating expenses associated with the operation of the fund; [PL 2015, c. 362, §1 (NEW).] G. Engaging in matching grants activities, including, but not limited to, federal, private and foundation awards that require state funding matches and are considered consistent with the purposes of the fund; and [PL 2015, c. 362, §1 (NEW).] H. Awarding collaborative workspace grants in an amount not to exceed $25,000 per collaborative workspace. All awards must be tied to specific and demonstrated financial need to achieve the goals set forth under this section. [PL 2015, c. 362, §1 (NEW).] [PL 2015, c. 362, §1 (NEW).]

3. Guidelines. The department shall establish guidelines for the fund in accordance with this section. A. Loans or grants made from the fund may be made to collaborative workspace businesses for building improvements used by the collaborative workspace tenants and participants as long as the use of the fund results in corresponding private investment that matches or exceeds the loans or grants from the fund. In the case of a grant, any participating collaborative workspace business shall at least match the investment of the fund. In the case of a loan, the department shall reasonably anticipate that its loan will leverage additional private investment in the property. [PL 2015, c. 362, §1 (NEW).] B. The department shall solicit applications for grants or loans from the fund through a competitive application process, which must include, at a minimum, the following criteria for the submission of applications: (1) A description of the parties involved in the project, including the professional expertise and qualifications of the principals; (2) A description of the scope of work that will be undertaken by each party involved in the project; (3) The proposed budget, including verification of funding from other sources; (4) A statement of the project objective, including specific information on how the project will promote the use of the space as a collaborative workspace; (5) A statement that sets forth the implementation plan, the facilities and resources available or needed for the project and the proposed commencement and termination dates of the project; (6) A description of the expected significance of the project, including a description of the market demand for the type of collaborative workspace proposed in the region in which the space will be located and the number of tenants and participants that will be served as a result of the project; (7) Guidelines for the review and approval of applications that include preferences for applications that propose to redevelop existing properties located in the downtown area of a municipality, dedicate at least 25% of accessible space to collaborative use and support a cluster of at least 5 separate tenants; (8) A description of the ability of the collaborative workspace business to carry out the provisions of this section; (9) A summary of the proposed economic impact of the collaborative workspace on the community; (10) A description of plans for conformance with regional and local economic development plans, if such plans exist; and (11) A statement of the proximity of the collaborative workspace to an accredited Maine community college, college or university, as defined in Title 20‑A, section 12541, subsection 1 . [PL 2019, c. 507, §1 (AMD).] C. The department shall enter into an agreement with each collaborative workspace business that receives a grant or loan under this section. The agreement must include performance measures and indicators to evaluate the performance of the collaborative workspace business in carrying out the activities described in its application and any other indicators determined to be necessary to evaluate the performance of the business. A collaborative workspace business shall submit an annual report for the department's review for the duration of the collaborative workspace project. [PL 2015, c. 362, §1 (NEW).] [PL 2019, c. 507, §1 (AMD).]

4. Duties of the collaborative workspace business. A collaborative workspace business that receives assistance under this section shall: A. Secure title on a facility for the collaborative workspace or a lease of a facility for the collaborative workspace; [PL 2015, c. 362, §1 (NEW).] B. Manage the physical development of the collaborative workspace, including the provision of common conference or meeting space; [PL 2015, c. 362, §1 (NEW).] C. Provide furnishings and equipment to the collaborative workspace to provide services to the tenants and participants; [PL 2015, c. 362, §1 (NEW).] D. Market the collaborative workspace and secure tenants and participants; [PL 2015, c. 362, §1 (NEW).] E. Provide financial consulting, marketing and management assistance services or arrange for the provision of these services for tenants and participants, including assistance in accessing private financial markets; [PL 2015, c. 362, §1 (NEW).] F. Set rental and service fees that would be revenue for the collaborative workspace business upon approval from the department; [PL 2015, c. 362, §1 (NEW).] G. Encourage the sharing of ideas between tenants and participants and otherwise aid the tenants and participants using innovative technology and facilities; [PL 2015, c. 362, §1 (NEW).] H. Establish policies and criteria for the acceptance of tenants and participants and for the termination of occupancy of tenants so as to maximize the opportunity to succeed for the greatest number of tenants and participants; and [PL 2015, c. 362, §1 (NEW).] I. Submit annual reports to the department that include a financial statement for the collaborative workspace business, a summary of the economic impact of the collaborative workspace on the local community and a list of tenants and participants in the collaborative workspace. [PL 2015, c. 362, §1 (NEW).] [PL 2015, c. 362, §1 (NEW).]

5. Report. Beginning February 1, 2020, the department shall annually provide a report to the Governor and the joint standing committee of the Legislature having jurisdiction over innovation, development, economic advancement and business matters that must include, but is not limited to: A. The number of applications for collaborative workspace submitted to the department; [PL 2015, c. 362, §1 (NEW).] B. The number of applications for collaborative workspace approved by the department; [PL 2015, c. 362, §1 (NEW).] C. The number of collaborative workspaces created through the fund; [PL 2015, c. 362, §1 (NEW).] D. The numbers of tenants and participants engaged in each collaborative workspace; [PL 2015, c. 362, §1 (NEW).] E. The number of jobs provided by each collaborative workspace; [PL 2015, c. 362, §1 (NEW).] F. The occupancy rate of each collaborative workspace; and [PL 2015, c. 362, §1 (NEW).] G. The number of tenants that have left collaborative workspace and that are operating in the State and the number of jobs they have provided. [PL 2015, c. 362, §1 (NEW).] [PL 2019, c. 507, §2 (AMD).]
5 M.R.S. § 194-E — ME Code / Title 5 / Part 1 / Chapter 9 / Section 194-E
5 §194-E. Attorney General approval without court review
Status: in_force

1. Filing with Attorney General. To obtain approval of a conversion transaction when the independent appraisal of the fair market value of the assets to be converted is $50,000 or more but is less than $500,000, a public charity must file a written request for approval with the Attorney General at least 90 days prior to consummating the transaction. The written request must include a conversion plan, a plan for distributing proceeds of the conversion consistent with section 194‑H and any other information reasonably necessary for the Attorney General to complete a review of the transaction. Failure to provide the information described in this subsection in a timely manner is sufficient grounds for the Attorney General to refuse to approve the transaction. [PL 2001, c. 550, Pt. A, §2 (NEW).]

2. Attorney General approval. The Attorney General shall approve a conversion transaction under subsection 1 if the Attorney General determines that the criteria set forth in section 194‑G have been met. The Attorney General shall refuse to approve a transaction if the Attorney General reasonably believes that the fair market value of the transaction is $500,000 or more. [PL 2001, c. 550, Pt. A, §2 (NEW).]

3. Public notice. Within 5 days of filing the request for approval under subsection 1 , a public charity shall publish notice to the public of its intent to enter into a conversion transaction. Notice must be published once per week for 3 weeks in a newspaper of general circulation in the public charity's service area and must meet the following criteria. A. A notice under this subsection must describe the proposed transaction, including the parties, the value of the transaction, the timing of the transaction, the potential impact on services to the public and the proposed plan for utilizing the proceeds. The public notice must also provide information on opportunities for the public to provide comment on the proposal to the Attorney General. [PL 2001, c. 550, Pt. A, §2 (NEW).] B. A notice under this subsection must be published in languages other than English whenever a significant number or percentage of the population eligible to be served or likely to be directly affected by the service or purpose of the public charity needs information in a language other than English to communicate effectively. For the purposes of this paragraph, "significant number" is defined as 5% or 1,000, whichever is less, of the population of persons eligible to be served or likely to be directly affected. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]

4. Public comment. The Attorney General shall accept public comments regarding a proposed conversion transaction under this section for a 60-day period commencing the day that proper notice has been provided to the public of the proposed conversion. [PL 2001, c. 550, Pt. A, §2 (NEW).]

5. Public hearings. The Attorney General may hold public hearings if the Attorney General determines that a conversion transaction under this section is likely to cause a significant impact on access to services in the community served by the public charity. [PL 2001, c. 550, Pt. A, §2 (NEW).]

6. Public records. All documents submitted to the Attorney General by a person filing a request under subsection 1 in connection with the Attorney General's review of a proposed conversion transaction are public records subject to Title 1, chapter 13, subchapter I except records made confidential by statute or privileged under the Maine Rules of Evidence. [PL 2001, c. 550, Pt. A, §2 (NEW).]

7. Attorney General rejection of or failure to act on request for approval. If the Attorney General refuses to approve a conversion transaction under this section or fails to act on the request for approval within 90 days of receipt of the request, a public charity may request court approval of the transaction under section 194‑F . [PL 2001, c. 550, Pt. A, §2 (NEW).]

8. Contracts with consultants; reimbursement for costs. To assist in the review of a proposed conversion transaction pursuant to this section, the Attorney General, at the Attorney General's sole discretion, may contract with experts or consultants the Attorney General considers appropriate. A. Contract costs incurred by the Attorney General pursuant to this subsection may not exceed an amount that is reasonable and necessary to conduct the review of a proposed conversion transaction. A public charity filing a request under subsection 1 shall pay the Attorney General promptly upon request for all costs of contracts entered into by the Attorney General pursuant to this subsection but is not required to pay any amount that exceeds 5% of the fair market value of the assets to be converted. [PL 2001, c. 550, Pt. A, §2 (NEW).] B. The Attorney General is exempt from the provisions of applicable state laws regarding public bidding procedures for purposes of entering into contracts pursuant to this subsection. [PL 2001, c. 550, Pt. A, §2 (NEW).] [PL 2001, c. 550, Pt. A, §2 (NEW).]
5 M.R.S. § 9052 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 9052
5 §9052. Notice
Status: in_force

1. Notice of hearing. When the applicable statute or constitutional law requires that an opportunity for hearing shall be provided, notice shall be given as follows: A. To the person or persons whose legal rights, duties or privileges are at issue, by regular mail, sufficiently in advance of the anticipated time of the decision to afford an adequate opportunity to prepare and submit evidence and argument, and to request a hearing if so desired; and [PL 1977, c. 551, §3 (NEW).] B. In any proceeding deemed by the agency to involve the determination of issues of substantial public interest, to the public sufficiently in advance of the anticipated time of the decision to afford interested persons an adequate opportunity to prepare and submit evidence and argument, and to request a hearing if so desired. [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]

2. Hearing required. When a hearing is required by the applicable statute or by agency regulation, or has been requested pursuant to subsection 1, paragraph A , or has been set in an exercise of the agency's discretion, notice shall be given as follows: A. To the person or persons whose legal rights, duties or privileges are at issue, by regular mail, sufficiently in advance of the hearing date to afford an adequate opportunity to prepare and submit evidence and argument; and [PL 1977, c. 551, §3 (NEW).] B. In any proceeding deemed by the agency to involve the determination of issues of substantial public interest, to the public sufficiently in advance of the hearing date to afford interested persons an adequate opportunity to prepare and submit evidence and argument and to petition to intervene pursuant to section 9054 . [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]

3. Notice to the public. Notice to the public shall be given: A. By publication, at least twice in a newspaper of general circulation in the area of the state affected; [PL 1977, c. 551, §3 (NEW).] B. By publication in any other trade, industry, professional or interest group publication which the agency deems effective in reaching persons who would be entitled to intervene as of right under section 9054, subsection 1 ; and [PL 1977, c. 551, §3 (NEW).] C. In any other manner deemed appropriate by the agency. [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]

4. Notice. Notice shall consist of: A. A statement of the legal authority and jurisdiction under which the proceeding is being conducted; [PL 1977, c. 551, §3 (NEW).] B. A reference to the particular substantive statutory and rule provisions involved; [PL 1977, c. 551, §3 (NEW).] C. A short and plain statement of the nature and purpose of the proceeding and of the matters asserted; [PL 1977, c. 551, §3 (NEW).] D. A statement of the time and place of the hearing, or the time within which a hearing may be requested; [PL 1977, c. 551, §3 (NEW).] E. A statement of the manner and time within which evidence and argument may be submitted to the agency for consideration, whether or not a hearing has been set; and [PL 1977, c. 551, §3 (NEW).] F. When a hearing has been set, a statement of the manner and time within which applications for intervention under section 9054 may be filed. [PL 1977, c. 551, §3 (NEW).] [PL 1977, c. 551, §3 (NEW).]

5. Cancellation or change of hearing. If a scheduled hearing is cancelled or postponed to a later date, the agency shall provide timely notice to the persons described in section 9051 and, if applicable, to the persons and localities listed in section 9051‑A and other persons the agency is required to notify or customarily notifies of hearings. [PL 1987, c. 653, §2 (NEW).]
5 M.R.S. § 18553 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18553
5 §18553. Death before service retirement
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Before July 1, 1993, if a qualifying member dies at any time before completing the age and service requirements for service retirement, the payment of ordinary death benefits is governed as follows. Beginning July 1, 1993, if a qualifying member dies before the member's service retirement benefit becomes effective, the payment of ordinary death benefits is governed as follows. In either case, the member's beneficiary may select only one of the death benefits. [PL 1991, c. 469, §5 (AMD).]

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Refund of contributions. The amount of the qualifying member's accumulated contributions, as determined under section 18306‑A , is paid: A. To the qualifying member's designated beneficiary, if any; [PL 1991, c. 469, §5 (AMD).] B. If the qualifying member is not survived by a designated beneficiary, to the first listed of the following relatives, if any are alive at the qualifying member's death: (1) Surviving spouse; (2) Child or children, regardless of age, sharing equally among themselves; and (3) The older parent; or [PL 1985, c. 801, §§5, 7 (NEW).] C. To the qualifying member's estate. [PL 1991, c. 469, §5 (AMD).] [PL 2007, c. 137, §24 (AMD).]

1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Refund of contributions. The amount of the qualifying member's accumulated contributions is paid: A. To the qualifying member's designated beneficiary, if any; [PL 1991, c. 469, §5 (AMD).] B. If the qualifying member is not survived by a designated beneficiary, to the first listed of the following relatives, if any are alive at the qualifying member's death: (1) Surviving spouse; (2) Child or children, regardless of age, sharing equally among themselves; and (3) The older parent; or [PL 1985, c. 801, §§5, 7 (NEW).] C. To the qualifying member's estate. [PL 1991, c. 469, §5 (AMD).] [PL 1991, c. 469, §5 (AMD).]

2. Survivor benefits. Survivor benefits are governed as follows. A. Instead of accepting the payment provided in subsection 1 , the first listed of the following who are living at the death of the qualifying member may elect the benefits described in subsections 3 to 5‑B : (1) The designated beneficiary, if any; or (2) If no beneficiary is designated, the surviving spouse, the dependent child or dependent children, or the parent or parents. [PL 1991, c. 469, §5 (AMD).] B. If the surviving spouse elects a benefit under this subsection, the dependent child or dependent children are entitled to receive the benefit under subsection 4 . [PL 1991, c. 469, §5 (AMD).] C. A person entitled to receive benefits under this section may, before the beginning of benefit payments, elect to receive benefits under article 5 . (1) In order to elect these survivor benefits, both the qualifying member and the beneficiary must comply with each requirement of article 5 . (2) If no election is made under this paragraph, benefits payable under this section are in lieu of any benefits payable under article 5 . [PL 1991, c. 469, §5 (AMD).] [PL 1991, c. 469, §5 (AMD).]

3. Amount of survivor benefit payment to surviving spouse. If the surviving spouse of the qualifying member elects a benefit under subsection 2, paragraph A , only one of the following options may be paid at one time. A. A surviving spouse of the qualifying member is paid a $150 benefit each month beginning the first month after the death occurs and continuing during the surviving spouse's lifetime, if: (1) The deceased qualifying member had 10 years of creditable service at the time of death; or (2) The surviving spouse is certified by an independent health care provider or the medical review service provider to be permanently mentally incompetent or permanently physically incapacitated and is determined by the chief executive officer to be unable to engage in any substantially gainful employment. A full month's benefit is paid to the estate of the surviving spouse for the month in which the surviving spouse dies. [PL 2021, c. 277, §41 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] B. A surviving spouse of the qualifying member who has the care of the dependent child or children of the deceased qualifying member and who is not eligible to receive a benefit under paragraph A is paid a $150 minimum benefit each month, beginning the first month after the death of the qualifying member and continuing during the surviving spouse's lifetime until the end of the month in which the dependent child or children are no longer in the surviving spouse's care. [PL 1991, c. 469, §5 (AMD).] C. A surviving spouse of the qualifying member who is not eligible to receive a benefit under paragraph A or B is paid a $150 minimum benefit each month, beginning the first month after the surviving spouse reaches 60 years of age and continuing during the surviving spouse's lifetime. A full month's benefit is paid to the estate of the surviving spouse for the month in which the surviving spouse dies. [PL 1991, c. 469, §5 (AMD).] D. The $150 benefit specified under paragraphs A , B and C is increased to $225 on July 1, 1989 and $300 on July 1, 1990. Starting July 1, 1991, a participating local district may increase the $300 benefit by the cost of living, in accordance with the provisions of subsection 10 . [PL 1991, c. 469, §5 (AMD).] E. Only one beneficiary of a qualifying member is entitled to receive the benefit under this subsection. [PL 1991, c. 469, §5 (AMD).] [PL 2021, c. 277, §41 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

4. Amount of survivor benefit to dependent children. If the dependent child or children or surviving spouse of the deceased qualifying member elects a benefit under subsection 2, paragraph A , the payment of benefits to the dependent child or children is governed as follows. A. The amount of the survivor benefit is determined as follows. (1) Until January 1, 1989: (a) One dependent child is paid $150 each month; (b) Two dependent children are paid $225 each month which must be divided equally between them; and (c) Three or more dependent children are paid $300 each month which must be divided equally among them. (2) Starting January 1, 1989, each dependent child receives a benefit of $150 a month. (3) Starting July 1, 1989, each dependent child receives a benefit of $175 a month. (4) Starting July 1, 1990, each dependent child receives a benefit of $200 a month. (5) Starting July 1, 1991, each dependent child receives a benefit of $225 a month. (6) Starting July 1, 1992, each dependent child receives a benefit of $250 a month. (7) Starting July 1, 1993, a participating local district may increase the $250 benefit under subparagraph (6) by the cost of living in accordance with the provisions of subsection 10 . [PL 1991, c. 469, §5 (AMD).] B. The benefits begin the first month after the death of the qualifying member and are payable to each dependent child, in accordance with Title 18‑C, Article 5 , until the end of the month in which the child no longer meets the definition of "dependent child" in section 17001, subsection 12 . [PL 2017, c. 402, Pt. C, §16 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] C. When any dependent child becomes ineligible to receive benefits under this subsection, the other dependent children, if any, continue to receive benefits in accordance with this subsection. [PL 1991, c. 469, §5 (AMD).] D. The combined benefits under subsection 3 and this subsection may not exceed 80% of the deceased qualifying member's average final compensation adjusted annually at the same time and at the same percentage as adjustments under subsection 10 . [PL 1987, c. 529, §3 (NEW).] [PL 2017, c. 402, Pt. C, §16 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Amount of survivor benefit to parents. If the parent of the deceased qualifying member elects a benefit under subsection 2, paragraph A , the payment of benefits is governed as follows. A. The amount of the benefit is determined as follows. (1) A parent who is alive at the time of the death of the qualifying member is paid $150 a month if the parent is at least 60 years of age or, if not, upon reaching that age. (2) If both parents are eligible for benefits under this article and the older parent elects benefits under this subsection, the older parent is paid $150 a month and the younger parent is paid $105 a month upon reaching 60 years of age. (3) Upon the death of either parent, the surviving parent receives $150 a month. [PL 1991, c. 469, §5 (AMD).] B. The payment of benefits to any parent begins the first month after the death of the qualifying member and continues until the death of the parent. [PL 1991, c. 469, §5 (AMD).] C. Benefits are payable under this subsection only if no other benefits have been paid under subsection 3 or 4 . [PL 1985, c. 801, §§5, 7 (NEW).] D. Starting July 1, 1991, a participating local district may increase the $150 benefit under paragraph A by the cost of living in accordance with the provisions of subsection 10 . [PL 1991, c. 469, §5 (AMD).] E. No more than 2 beneficiaries of a qualifying member may be entitled to receive the benefit under this subsection. [PL 1989, c. 658, §7 (NEW).] [PL 1991, c. 469, §5 (AMD).]

5-A. Amount of survivor benefit to designated beneficiary. If a designated beneficiary, other than the surviving spouse, dependent child, dependent children or the parent or parents of a deceased qualifying member, elects a benefit under subsection 2, paragraph A , the payment of benefits is governed as follows. A. A designated beneficiary who is alive at the time of the death of the qualifying member is paid $150 per month beginning the first month after the death occurs and continuing until the date of the designated beneficiary's death, if the designated beneficiary is certified by an independent health care provider or the medical review service provider to be permanently mentally incompetent or permanently physically incapacitated and is determined by the chief executive officer to be unable to engage in any substantially gainful employment. [PL 2021, c. 277, §42 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] B. A designated beneficiary who is alive at the time of the death of the qualifying member and is a person under 18 years of age, or under 22 years of age if the person is a full-time student, is paid $150 per month beginning the first month after the death occurs and continuing until the person no longer meets the age criteria of this paragraph. [PL 1991, c. 469, §5 (AMD).] C. A designated beneficiary of the qualifying member who has the care of the dependent child or children of the deceased qualifying member, and who is not eligible to receive a benefit under paragraph A , has the option: (1) To be paid $150 per month, beginning the first month after the death of the qualifying member and continuing during the designated beneficiary's lifetime for as long as the dependent child or children are in the designated beneficiary's care; (2) To transfer the right to receive a benefit to the children of the deceased qualifying member under subsection 4 ; or (3) To elect a benefit under paragraph D . [PL 1991, c. 469, §5 (AMD).] D. A designated beneficiary who is not eligible to receive a benefit under paragraph A , B or C is paid $150 per month, beginning the first month after the designated beneficiary reaches 60 years of age and continuing until the date of the beneficiary's death. [PL 1991, c. 469, §5 (AMD).] E. Only one beneficiary of a qualifying member is entitled to receive the benefit under this subsection. [PL 1991, c. 469, §5 (AMD).] [PL 2021, c. 277, §42 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

5-B. Reduced retirement benefits. Beginning July 1, 1993, instead of accepting the benefits under subsection 1 or 2 , the first listed person under paragraph A living at the time of death of the qualifying member may elect the benefits in this subsection. A. The persons eligible to make the election under this subsection are the qualifying member's: (1) Designated beneficiary; (2) Surviving spouse; (3) Child or children; or (4) Parent or parents. [PL 1991, c. 469, §5 (NEW).] B. Benefits under this subsection are paid as follows, notwithstanding that the qualified member may not be eligible to retire under section 18452, subsection 3 . (1) The benefit is computed in accordance with section 18452, subsection 3 , if applicable, as if the service retirement of the qualifying member had taken place on the date of the member's death. (2) The beneficiary is paid beginning on the first day of the month after the death of the qualifying member and continuing until the last day of the month in which the beneficiary's death occurs. (3) Benefits under this subsection are paid in accordance with section 18404, subsection 3 . [PL 2001, c. 118, §12 (AMD).] C. If the monthly benefit payable under this subsection is $10 or less, in lieu of those payments a lump sum that is the actuarial equivalent of the benefit to which the beneficiary is entitled must be paid on the date the first monthly payment would otherwise be paid. A beneficiary who receives a lump sum payment under this subsection does not forfeit any other benefit to which the member would be entitled if the member were receiving a monthly benefit payment. [PL 1991, c. 469, §5 (NEW).] [PL 2001, c. 118, §12 (AMD).]

6. Transfer of funds. If benefits are paid under subsections 3 to 5‑B , the amount of the deceased qualifying member's accumulated contributions in the Members' Contribution Fund is transferred to the Retirement Allowance Fund. [PL 2007, c. 249, §33 (AMD).]

7. Death of beneficiary before payment. If any person becomes entitled to the payment of benefits under this article and dies before either the refund check or the initial survivor benefit check is endorsed and presented to a holder in due course, the person is considered to have predeceased the qualifying member. [PL 1991, c. 469, §5 (AMD).]

8. Change of choice of payment option. Any beneficiary under this article may change the choice of payment at any time up to the point of endorsement and presentation to a holder in due course of either the refund check or the initial survivor benefit payment. [PL 1991, c. 469, §5 (AMD).]

9. Defeat of survivor's option. A qualifying member may specify that the refund of the member's accumulated contributions be paid to a designated beneficiary or to the qualifying member's estate in lieu of any payment to survivors under subsections 3 to 5‑B by filing an affidavit expressing that intent with the chief executive officer. [PL 1991, c. 469, §5 (AMD); PL 2021, c. 548, §45 (REV).]

10. Cost-of-living adjustment. A participating local district may provide an adjustment to survivor benefits in accordance with section 18407 by: A. Applying to the board; and [PL 1985, c. 801, §§5, 7 (NEW).] B. Supplying to the board a certified copy of its action together with a statement of agreement to pay costs of the adjustments. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1985, c. 801, §§5, 7 (NEW).]

11. Special options. Instead of accepting the payment provided in subsection 1 , 2 , 5‑A or 5‑B , a beneficiary may elect to receive benefits under article 5 . A. To elect these benefits, both the qualifying member and the beneficiary must comply with each requirement of those provisions. [PL 1991, c. 469, §5 (NEW).] B. If an election is not made under this subsection, benefits payable under this section are in lieu of any benefits payable under article 5 . [PL 1991, c. 469, §5 (NEW).] [PL 1991, c. 469, §5 (NEW).]
5 M.R.S. § 8073 — ME Code / Title 5 / Part 18 / Chapter 375 / Section 8073
5 §8073. Emergency major substantive rules
Status: in_force

Major substantive rules are subject to the emergency rule-making procedures required under subchapter II , except that a major substantive rule adopted on an emergency basis after the deadline for submission to the Legislature for review under section 8072 may be effective for up to 12 months or until the Legislature has completed review as provided in that section. After the expiration of the emergency period, an emergency rule may not be adopted except in the manner provided by section 8072. [PL 1995, c. 463, §2 (NEW).]
5 M.R.S. § 17712 — ME Code / Title 5 / Part 20 / Chapter 423 / Section 17712
5 §17712. Maine State Prison employees
Status: in_force

1. Before September 1, 1984. An employee of the Maine State Prison who holds a position described in section 17851, subsection 11 , and who was first employed in one of those capacities before September 1, 1984, shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as follows: A. At a rate of 7.5% of earnable compensation until the employee has met the eligibility requirements for retirement under section 17851, subsection 11, paragraph A ; and [PL 1987, c. 739, §§24, 48 (AMD).] B. After meeting the eligibility requirements for retirement, at a rate of 6.5% of earnable compensation for the remainder of employment in one or more of those capacities. [PL 1987, c. 739, §§24, 48 (AMD).] [PL 2007, c. 491, §129 (AMD).]

2. After August 31, 1984. An employee of the Maine State Prison who was first employed after August 31, 1984, in a position described in section 17851, subsection 11 , shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made by the employer as follows: A. At a rate of 7.5% of earnable compensation until the employee has completed 25 years of creditable service in one or more of those capacities; and [PL 1987, c. 739, §§24, 48 (AMD).] B. After completing the service described in paragraph A , at a rate of 6.5% of earnable compensation for the remainder of employment in one or more of those capacities. [PL 1987, c. 739, §§24, 48 (AMD).] [PL 2007, c. 491, §129 (AMD).]
5 M.R.S. § 7031 — ME Code / Title 5 / Part 17-A / Chapter 372 / Section 7031
5 §7031. Purpose and mission
Status: in_force

The Legislature finds that State Government is the largest single employer in the State and has a substantial impact, not only upon the growth and development of the State, but also with respect to policies that directly affect Maine citizens. The Legislature further finds that state employees are a valuable human resource who possess valuable skills and knowledge necessary to the effective operation of State Government and to the general health, safety and welfare of Maine citizens. [PL 1985, c. 785, Pt. B, §38 (NEW).]

The Legislature further finds that it is essential to the welfare of all Maine citizens for state employees to undertake their duties and responsibilities in a conscientious and dependable manner. It is also of vast importance to the efficient and effective operation of State Government that all qualified Maine citizens have fair and equal opportunity to enter the service of State Government on the basis of merit and to work free from the forces of favoritism, nepotism and political patronage. Further, it is essential that individuals possessing the knowledge and skills necessary for the effective operation of State Government are hired and retained. [PL 1985, c. 785, Pt. B, §38 (NEW).]

To achieve these goals, it is vital that the personnel administrative organization of State Government recognize and develop the talents, contributions and potential of state employees and applicants for employment. [PL 1985, c. 785, Pt. B, §38 (NEW).]

It is in the public interest and is the policy of the State of Maine to foster and encourage an educational leave program to permit employees of the State to increase knowledge and skills and to improve work techniques and procedures. This would permit the agencies themselves and the citizens of Maine to benefit by what the employee has learned and will impart to others upon return. [PL 2001, c. 519, §3 (NEW).]

It is the intent of the Legislature to establish the Bureau of Human Resources as the agency responsible for the administration of the human resources activities of State Government and that shall act as a service organization to respond quickly and effectively to the needs of state employees and state agencies. It is also the intent of the Legislature that the Bureau of Human Resources operate flexibly to expedite the duties and responsibilities of state employees and state agencies. [PL 2007, c. 240, Pt. HH, §3 (AMD).]

Every employee of the Bureau of Human Resources and any other affected state agency shall act to assure that the provisions of the Civil Service Law are carried out in an open, fair and expeditious manner, with the objective of hiring and retaining the best person for a position as quickly as possible. To this end, all state agencies shall take steps to speed up handling of matters and to reduce and simplify the procedures and paperwork required by the Civil Service Law. [RR 1991, c. 2, §10 (COR).]

It is not the intent of the Legislature in this chapter or any part of it to limit or restrict the rights of state employees to bargain collectively as provided in Title 26 . [PL 1985, c. 785, Pt. B, §38 (NEW).]
5 M.R.S. § 1662 — ME Code / Title 5 / Part 4 / Chapter 149 / Section 1662
5 §1662. Powers and duties
Status: in_force

The Department of Administrative and Financial Services, through the Bureau of the Budget, has the duty and authority: [PL 1991, c. 780, Pt. Y, §47 (AMD).]

1. State budget document. To prepare and submit to the Governor-elect, or the Governor, biennially, a state budget document in accordance with chapters 141 to 155 ;

1-A. Federal expenditure budget. [PL 1979, c. 711, Pt. F, §2 (RP).]

2. Work program and allotments. To examine and recommend for approval the work program and quarterly allotments of each department and agency of the State Government, before the appropriations or other funds of such department or agency shall become available for expenditure;

3. Changes. To examine and recommend for approval any changes in the work program and quarterly allotments of any department or agency of the State Government during the fiscal year;

4. Review, plans and report. To constantly review the administrative activities of other departments and agencies of the State, study organization and administration, investigate duplication of work and to formulate plans for better and more efficient management, and report periodically to the Governor and on request to the Legislature;

5. Rules. To make rules, subject to the approval of the Commissioner of Administrative and Financial Services, for the carrying out of this chapter and chapter 145 ; and [PL 1991, c. 780, Pt. Y, §48 (AMD).]

6. Necessary data. To require all departments and other agencies in the Executive, Legislative and Judicial Departments of State Government to prepare and submit for review such data, information or records as may be deemed necessary by the State Budget Officer to facilitate the Bureau of the Budget's efforts regarding this section. Copies of these materials shall be made available to the Office of Fiscal and Program Review by the Bureau of the Budget upon request of the Director of Fiscal and Program Review. [PL 1985, c. 737, Pt. B, §8 (AMD).]
5 M.R.S. § 3360-K — ME Code / Title 5 / Part 9 / Chapter 316-A / Section 3360-K
5 §3360-K. Effective dates
Status: in_force

1. Penalty imposed. The assessments required by section 3360‑I apply to penalties imposed for criminal conduct alleged to have occurred on or after January 1, 1993. [PL 1991, c. 806, §3 (NEW).]

2. Compensation awarded. Notwithstanding the effective date of this chapter, the board may not award compensation for any crime that occurred prior to January 1, 1993. [PL 1991, c. 806, §3 (NEW).]

3. Processing claims. Notwithstanding the effective date of this chapter, the board is not obligated to process or pay claims before June 1, 1993. [PL 1991, c. 806, §3 (NEW).]
5 M.R.S. § 1986 — ME Code / Title 5 / Part 4 / Chapter 163 / Section 1986
5 §1986. Criminal history record information for employees and contractors
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Federal Bureau of Investigation" means the United States Department of Justice, Federal Bureau of Investigation. [PL 2019, c. 616, Pt. S, §1 (NEW).] B. "State Police" means the Department of Public Safety, Bureau of State Police. [PL 2019, c. 616, Pt. S, §1 (NEW).] [PL 2019, c. 616, Pt. S, §1 (NEW).]

2. Background investigation requirements. The office shall perform fingerprint-based criminal history record checks for any person employed by the office, who may be offered employment by the office or who is employed by or may be offered employment by a contractor or subcontractor for the office to satisfy federal statutory and regulatory background investigation requirements, including but not limited to those established by the United States Internal Revenue Service's tax information security guidelines for federal, state and local agencies, and the Federal Bureau of Investigation, Criminal Justice Information Services Division's information security requirements for criminal history record information used for noncriminal justice purposes. The criminal history record checks must include fingerprinting and obtaining national criminal history record information from the Federal Bureau of Investigation. [PL 2019, c. 616, Pt. S, §1 (NEW).]

3. Fingerprint-based criminal history obtained. A person employed by the office or a person who is employed by a contractor or subcontractor for the office shall consent to having and have the person's fingerprints taken. A person who may be offered employment by the office or by a contractor or subcontractor for the office shall consent to having and have the person's fingerprints taken prior to being employed by the office or by a contractor or subcontractor for the office. The State Police shall take or cause to be taken the fingerprints of a person who has consented under this subsection and shall forward the fingerprints to the Department of Public Safety, State Bureau of Identification so that the bureau may conduct a state and national criminal history record check on the person. The bureau shall forward the results obtained to the office. The fee charged to the office by the State Police must be consistent with the fee charged to executive branch agencies receiving similar services. Except for the portion of the payment that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police under this subsection must be paid to the Treasurer of State, who shall apply the money to the expenses of administration of this section by the Department of Public Safety. [PL 2019, c. 616, Pt. S, §1 (NEW).]

4. Updates to information. The fingerprint-based criminal history record check under subsection 3 must be conducted at least once every 5 years as the office determines appropriate or as required under federal regulations. The office may request continuous notifications of updated criminal history record information if a service providing notifications of updated criminal history record information becomes available. [PL 2019, c. 616, Pt. S, §1 (NEW).]

5. Confidentiality. Information obtained pursuant to this section is confidential and may not be disseminated for purposes other than as provided in subsections 6 and 7 . [PL 2019, c. 616, Pt. S, §1 (NEW).]

6. Use of information obtained. Criminal history record information obtained pursuant to this section may be used by the office for employment purposes only. The information may be used only for making decisions regarding the suitability of a person described in this section for new or continued employment with the office. The subject of any criminal history record check under this section may contest any negative decision made by the office based upon the information received pursuant to the criminal history record check. [PL 2019, c. 616, Pt. S, §1 (NEW).]

7. Person's access to information obtained. A person subject to the criminal history record check pursuant to subsection 3 must be notified each time a criminal history record check is performed on the person. A person subject to the criminal history record check under subsection 3 may inspect and review the criminal history record information pursuant to Title 16, section 709 and obtain federal information obtained pursuant to the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. [PL 2019, c. 616, Pt. S, §1 (NEW).]

8. Right of subject to remove fingerprints from record. Upon request from a person subject to a criminal history record check pursuant to subsection 3 , the Department of Public Safety shall remove the person's fingerprints from the Department of Public Safety's records and provide written confirmation of the removal to the person. [PL 2019, c. 616, Pt. S, §1 (NEW).]

9. Refusal to consent. The office may not employ or permit the employment by a contractor or subcontractor of a person who has refused to consent to the background investigation requirements under this section in a position for which such background investigations are required under subsection 2 . [PL 2019, c. 616, Pt. S, §1 (NEW).]
5 M.R.S. § 790 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 790
5 §790. Affected state agencies and state related agencies
Status: in_force

All state financed agencies, political subdivisions, quasi-independent agencies, school districts and instrumentalities of State Government are required to implement this Code of Fair Practices and Affirmative Action. [PL 1975, c. 153, §1 (NEW).]
5 M.R.S. § 1512 — ME Code / Title 5 / Part 4 / Chapter 141 / Section 1512
5 §1512. Payment of attorneys' fees awards
Status: in_force

Notwithstanding section 1543 or any other statute, attorneys' fees awarded by a court against the State, its departments, agencies, officers or employees, and settlements of attorneys' fees without court award in these cases, may be paid from any funds available to the State. The Governor may identify by financial order the account, fund or other source from which payment of the attorneys' fees award or settlement shall be made. [PL 1981, c. 417 (NEW).]

All property, assets and interests of the State are exempt from any attachment or execution sought for the enforcement of an award of attorneys' fees. [PL 1981, c. 417 (NEW).]
5 M.R.S. § 205 — ME Code / Title 5 / Part 1 / Chapter 9 / Section 205
5 §205. Fees from prosecutors forbidden
Status: in_force

The Attorney General shall not receive any fee or reward from or in behalf of any prosecutor for official services or, during the pendency of a prosecution, be engaged as counsel or attorney for either party in a civil action depending essentially on the same facts.
5 M.R.S. § 2022 — ME Code / Title 5 / Part 4 / Chapter 164 / Section 2022
5 §2022. Chief Information Officer to establish lists
Status: in_force

The Chief Information Officer shall establish and maintain: [PL 2023, c. 681, §1 (NEW).]

1. List of prohibited companies. A list of companies, including foreign adversary business entities, that pose a national security risk or a risk to the security and safety of persons of the United States. The list must include, but is not limited to, all companies identified by statute, regulation or official guidance from the United States Department of Commerce, the Federal Communications Commission, the United States Department of Homeland Security or any other appropriate federal agency as posing a national security risk or a risk to the security and safety of persons of the United States; and [PL 2023, c. 681, §1 (NEW).]

2. List of prohibited information and communications technology and services. A list of information and communications technology and services that pose a national security risk or a risk to the security and safety of persons of the United States. The list must include, but is not limited to, all information and communications technology and services identified by statute, regulation or official guidance from the United States Department of Commerce, the Federal Communications Commission, the United States Department of Homeland Security or any other appropriate federal agency as posing a national security risk or a risk to the security and safety of persons of the United States. [PL 2023, c. 681, §1 (NEW).]

The lists must be published on the publicly accessible website of the Department of Administrative and Financial Services, Office of Information Technology and updated at least annually. [PL 2023, c. 681, §1 (NEW).]
5 M.R.S. § 17057 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17057
5 §17057. Information not public record
Status: in_force

1. Medical information. Medical information of any kind in the possession of the retirement system, including information pertaining to diagnosis or treatment of mental or emotional disorders, is confidential and not open to public inspection and does not constitute "public records" as defined in Title 1, section 402, subsection 3 . Records containing medical information may be examined by the employee to whom they relate or by the State or participating local district employer of the employee for any purposes related to any claim for workers' compensation or any other benefit. The employee must be advised in writing by the retirement system of any request by the employer to examine the employee's medical records. Medical information obtained pursuant to this section remains confidential, except as otherwise provided by law, and except when involved in proceedings resulting from an appeal pursuant to section 17451, subsection 2 . [PL 2017, c. 46, §1 (AMD).]

2. Financial and personal information. The following private financial and personal information of members, beneficiaries or participants in any of the programs of the retirement system in the possession of the retirement system is confidential and not open to public inspection and does not constitute "public records" as defined in Title 1, section 402, subsection 3 : A. Information regarding member, beneficiary or participant accounts with financial institutions, including account numbers; [PL 2017, c. 46, §2 (NEW).] B. Information regarding member and beneficiary election of payment methods, including elected deductions from those payments; [PL 2017, c. 46, §2 (NEW).] C. Information regarding participation in defined contribution or deferred compensation plans, including account numbers, investment allocations, contributions, distributions and balances; [PL 2017, c. 46, §2 (NEW).] D. Information regarding designated beneficiaries; and [PL 2017, c. 46, §2 (NEW).] E. Information regarding a participant's amount of insurance coverage or group life insurance. [PL 2017, c. 46, §2 (NEW).] [PL 2017, c. 46, §2 (RPR).]

3. Home contact information. Except as provided in this subsection, records of home contact information of members and benefit recipients of any of the programs of the retirement system and of staff members that are in the possession of the retirement system are confidential, not open to public inspection and not public records as defined in Title 1, section 402, subsection 3 . A. For purposes of this subsection, "home contact information" means a home address, home telephone number, home facsimile transmission number or home e-mail address. [PL 2003, c. 632, §1 (NEW).] B. [PL 2007, c. 47, §1 (RP).] C. This subsection does not apply to the home address of a member or a benefit recipient of any of the programs of the retirement system used only for membership recruitment purposes by a nonprofit or public organization established to provide programs, services and representation to Maine public sector retirees unless the retirement system member or benefit recipient has signed a form made available by the retirement system indicating that the individual does not authorize disclosure of that individual's home address. The retirement system may not provide information under this subsection to an organization if the retirement system has determined that the organization obtained information for the purpose of membership recruitment but used the information for a purpose other than membership recruitment. [PL 2007, c. 491, §70 (AMD).] [PL 2007, c. 491, §70 (AMD).]

4. Investment activity information. Disclosure of private market investment activity of the retirement system is governed by this subsection. A. Documentary material, data or information in the possession of the retirement system that consists of trade secrets or commercial or financial information that relates to actual or potential private market investments of the retirement system is confidential and not open to public inspection and does not constitute "public records" as defined in Title 1, section 402, subsection 3 if, in the sole discretion of the retirement system, the disclosure of the material, data or information may: (1) Impair the retirement system's ability to obtain such material, data or information in the future; (2) Cause substantial harm to the competitive position of the retirement system or of the person or entity from whom the information was obtained; or (3) Result in the potential violation of state and federal laws and regulations relating to insider trading. [PL 2011, c. 449, §1 (AMD).] B. The following information concerning any fund in which the retirement system is invested is not exempt from disclosure: (1) The retirement system's total commitment to the fund; (2) The date of the commitment to the fund; (3) Contributions and distributions made to or received from the fund; (4) The market value of the investment; (5) The name of the fund; and (6) The interim internal rate of return of the fund. [PL 2011, c. 449, §1 (AMD).] C. For purposes of this subsection, "private market investment" means: (1) Direct investments in land, timber, mineral rights, private company equity or private company debt; (2) Indirect investments in limited partnerships, limited liability corporations or other entities that may invest in the investments described in subparagraph (1); (3) Investments in unregistered securities or funds offered under exemptions provided in Section 144(A) of the Securities Act of 1933, as amended, or Section 3(c)1 or 3(c)7 of the Investment Company Act of 1940, as amended; or (4) Investments or potential investments of the retirement system pursuant to the state innovation finance program authorized under Title 10, section 1026‑T . [PL 2011, c. 449, §1 (NEW).] [PL 2011, c. 449, §1 (AMD).]

5. Personnel records of Maine Public Employees Retirement System staff. The following records are confidential and not open to public inspection and are not public records as defined in Title 1, section 402, subsection 3 : A. Papers relating to applications, examinations or evaluations of applicants. Except as provided in this subsection, applications, resumes, letters and notes of reference, working papers, research materials, records, examinations and any other documents or records and the information they contain, solicited or prepared either by the applicant or the retirement system for use in the examination or evaluation of applicants for positions as retirement system employees, are confidential. (1) Notwithstanding any confidentiality provision to the contrary, applications, resumes and letters and notes of reference, other than those letters and notes of reference expressly submitted in confidence, pertaining to the applicant hired are public records after the applicant is hired, except that personal contact information is not a public record as provided in Title 1, section 402, subsection 3, paragraph O . (2) Telephone numbers are not public records if they are designated as "unlisted" or "unpublished" in an application, resume or letter or note of reference. (3) This paragraph does not preclude a union representative from access to personnel records, consistent with paragraph D , that may be necessary for the bargaining agent to carry out collective bargaining responsibilities. Any records available to union representatives that are otherwise covered by this paragraph remain confidential and are not open to public inspection; [PL 2011, c. 449, §2 (NEW).] B. Personal information. Records containing the following information are confidential, except that the records may be examined by the employee to whom they relate when the examination is permitted or required by law: (1) Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders; (2) Performance evaluations and personal references submitted in confidence; (3) Information pertaining to the creditworthiness of a named employee; (4) Information pertaining to the personal history, general character or conduct of members of the employee's immediate family; (5) Personal information pertaining to the employee's race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability, marital status, sexual orientation and gender identity; social security number; personal contact information as provided in Title 1, section 402, subsection 3, paragraph O ; and personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance; and (6) Complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. If an arbitrator completely overturns or removes disciplinary action from an employee personnel file, the final written decision is public except that the employee's name must be deleted from the final written decision and kept confidential. If the employee whose name was deleted from the final written decision discloses that the employee is the person who is the subject of the final written decision, the entire final written decision, with regard to that employee, is public. For purposes of this subparagraph, "final written decision" means: (a) The final written administrative decision that is not appealed pursuant to a grievance arbitration procedure; or (b) If the final written administrative decision is appealed to arbitration, the final written decision of a neutral arbitrator. A final written administrative decision that is appealed to arbitration is no longer confidential 120 days after a written request for the decision is made to the employer if the final written decision of the neutral arbitrator is not issued and released before the expiration of the 120 days. This paragraph does not preclude a union representative from having access to personnel records that are necessary for the bargaining agent to carry out collective bargaining responsibilities. Any records available to union representatives that are otherwise covered by this paragraph remain confidential and are not open for public inspection; [PL 2021, c. 366, §24 (AMD).] C. Other information to which access by the general public is prohibited by law; and [PL 2011, c. 449, §2 (NEW).] D. Certain information for grievance and other proceedings. The retirement system may release specific information designated confidential by this paragraph to be used in negotiations, mediation, fact finding, arbitration, grievance proceedings and other proceedings in which the retirement system is a party. For the purpose of this paragraph, "other proceedings" means unemployment compensation proceedings, workers' compensation proceedings, human rights proceedings and labor relations proceedings. [PL 2011, c. 449, §2 (NEW).] [PL 2021, c. 366, §24 (AMD).]

6. Treatment of confidential information. Confidential information provided under subsection 5 is governed by the following. A. Only the information that is necessary and directly related to the proceeding may be released. [PL 2011, c. 449, §2 (NEW).] B. The proceeding for which the confidential information is provided must be private and not open to the public if possible. If the proceeding is open to the public, the confidential information may not be disclosed except exclusively in the presence of the fact finder, the parties and counsel of record and the employee who is the subject of the proceeding and provisions are made to ensure that there is no public access to the confidential information. [PL 2011, c. 449, §2 (NEW).] C. The retirement system may use this confidential information in proceedings and provide copies to an employee organization if that organization is a party to the proceedings and the information is directly related to those proceedings as defined by the applicable collective bargaining agreement. Confidential personnel records in the possession of the retirement system are not open to public inspection and are not public records. [PL 2011, c. 449, §2 (NEW).] [PL 2011, c. 449, §2 (NEW).]
5 M.R.S. § 1743 — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1743
5 §1743. Public improvement construction contracts
Status: in_force

The Department of Administrative and Financial Services through the Bureau of General Services shall award a contract in accordance with this section for any public improvement that the State or any of its agencies hold in fee involving a total cost in excess of $100,000, except contracts for professional, architectural and engineering services. The bureau may reject any public improvement bid, qualification package or proposal when it determines that to do so is in the best interests of the State. The contract must be awarded by competitive bid as provided in subsection 2 or by the bid method provided in subsections 3 to 7 for alternative methods of project delivery. [PL 2001, c. 271, §1 (RPR).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Bureau" means the Bureau of General Services. [PL 2001, c. 271, §1 (NEW).] B. "Construction-manager-advisor method" means a method of project delivery in which the bureau engages a single firm for a fee to advise and consult with the bureau as to design and construction and may include consultation as to the selection of one or more design professionals to furnish the design when trade contracts for performance are held directly by the bureau. The firm is contractually bound to manage the schedule and budget to ensure adherence to both by the trade contractors. [PL 2001, c. 271, §1 (NEW).] C. "Construction-manager-at-risk method" means a method of project delivery in which the bureau engages a single firm for a fee to advise and consult with the bureau as to design and construction and separately engages one or more design professionals to furnish the design, and in which the firm is responsible to the bureau for schedule and price. The firm engaged to act as construction manager at-risk may perform all or a portion of the work on the project at the bureau's discretion. [PL 2001, c. 271, §1 (NEW).] D. "Design-build method" means a method of project delivery in which a single firm is contractually responsible to perform design, construction and related services. [PL 2001, c. 271, §1 (NEW).] E. "Design-build team" means representatives of an individual, firm, corporation, limited liability company, partnership, joint venture, sole proprietorship or other entity that submits a prequalification package in response to a request for qualifications under subsection 5, paragraph A , subparagraph (2). [PL 2001, c. 271, §1 (NEW).] F. "Director" means the Director of the Bureau of General Services. [PL 2001, c. 271, §1 (NEW).] G. "Proposer" means an individual, firm, corporation, limited liability company, partnership, joint venture, sole proprietorship or other entity that submits a proposal. [PL 2001, c. 271, §1 (NEW).] H. "Quality" means those features that the bureau determines are most important to the project. "Quality" includes design quality; feasibility of construction; long-term maintenance costs; life-cycle costs, particularly energy efficiency; service life; and other factors the bureau determines in the best interest of the State. [PL 2001, c. 271, §1 (NEW).] I. "Review panel" means the Alternative Delivery System Review Panel established in subsection 4 . [PL 2001, c. 271, §1 (NEW).] [PL 2001, c. 271, §1 (NEW).]

2. Competitive bids. A public improvement contract may be awarded under a system of competitive bidding in accordance with this Part and such other conditions as the Governor may prescribe. The competitive bidding process may be waived in individual cases involving emergency circumstances with the written approval of the director. [PL 2007, c. 9, §1 (AMD); PL 2007, c. 466, Pt. C, §2 (AMD).]

3. Alternative methods of project delivery. As an alternative to the competitive bid method provided in subsection 2 , a public improvement contract may be undertaken using the construction-manager-advisor, construction-manager-at-risk or design-build method of construction. A. To the extent the provisions of this section do not address specific alternative delivery procurement, award or administration issues, the provisions may be supplemented at the discretion of the director with the concepts contained in the Bureau's architect-engineer selection procedures that are designed to achieve quality-based selection and with policies and procedures adopted by rule of the bureau with the advice of the review panel. [PL 2001, c. 271, §1 (NEW).] B. After award of a contract or contracts for a project under an alternative method of delivery, the bureau shall notify all unsuccessful proposers in writing within a reasonable amount of time of the final selection and award, and make available to them all scoring information used in the selection process. Upon award of the contract or contracts and after resolution of any procurement disputes, the bureau shall return documents submitted by unsuccessful proposers upon request. [PL 2001, c. 271, §1 (NEW).] C. Using the time frames and procedures established in section 1749 , this paragraph governs appeals from decisions on alternative methods of project delivery. (1) Resolution of disputes must be by appeal to the director, whose decision is the final administrative appeal. (2) Nothing in this paragraph prevents an aggrieved party from seeking judicial review, which may include a request for stay of award pursuant to applicable laws, judicial decisions, rules and any other applicable procedures. [PL 2001, c. 271, §1 (NEW).] D. The director may adopt rules necessary to implement the provisions for alternative project delivery methods set out in this section in accordance with the Maine Administrative Procedure Act. Prior to the procurement or award of any contract under an alternative delivery method, the director shall adopt by rule policies and procedures to implement that method. Rules adopted under this subsection are routine technical rules pursuant to chapter 375, subchapter II‑A . [PL 2001, c. 271, §1 (NEW).] [PL 2001, c. 271, §1 (NEW).]

4. Alternative Delivery System Review Panel. The director shall establish the Alternative Delivery System Review Panel to advise the director in developing alternative project delivery policies, procedures and rules and in selecting public improvement projects for construction under an alternative delivery method. A. The review panel is composed of 6 members as follows: (1) Two representatives of the bureau designated by the Commissioner of Administrative and Financial Services; (2) Two representatives of the construction trade, one of whom is a building contractor designated by the president of a state-based organization that represents building contractors and one of whom is designated by the president of a state-based organization that represents specialty contractors; (3) One representative designated by the president of a state-based organization that represents architects; and (4) One representative designated by the president of a state-based organization that represents consulting engineers. The private sector members serve terms of 3 years each and each appointing authority shall designate an alternate who shall serve in the event of a conflict of interest. [PL 2001, c. 271, §1 (NEW).] B. In making a recommendation on selection of projects to the bureau, the review panel shall consider the following criteria: (1) Technical complexity of the project; (2) Substantial time or schedule savings that are necessary to the success of the project; (3) Project cost control; (4) The bureau's capacity to plan and manage the selected alternative project delivery method of construction, either in house or through outside contract; (5) Consistency and fairness in the procurement process; (6) Assurance of competition; and (7) Advancement of the public interest. [PL 2001, c. 271, §1 (NEW).] [PL 2001, c. 271, §1 (NEW).]

5. Design-build method. The design-build method must be consistent with guidelines approved by a national architect, general contractor or design-build organization or a combined or modified version of the guidelines approved by those entities, with the final design-build procedures and documents to be determined at the discretion of the bureau. The bureau may prequalify design-build teams using criteria that must include at a minimum those set forth in section 1747 and may also include additional criteria considered appropriate by the director. A. Selection of the design-build teams is governed by this paragraph. (1) Prior to publication of a request for qualifications, the bureau shall develop concept and schematic designs incorporating a detailed set of program requirements for the project using the services of a qualified architect, engineer or other professional who is selected using the bureau's architect-engineer selection rules. Individuals who are involved in developing the project's program requirements may not participate in the design-build teams. (2) For each project, the bureau shall publish a request for qualifications in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal. The bureau shall issue a request-for-qualifications package to all firms requesting one in accordance with the notice. The bureau shall evaluate and rate all firms submitting a responsive statement of qualifications and select the most qualified firms to receive a request for proposals. Selection criteria at this stage include at a minimum the ability of the competitor to satisfactorily carry out the project design and construction requirements, past performance, relevant experience and financial capacity to perform. The bureau may select a short list of 3 to 5 firms. The bureau may pay a reasonable stipend to all responsive proposers who were not selected. The amount of the stipend must be published together with the evaluation criteria in the request for proposals. (3) The request for proposals must set forth the scope of work, design parameters, construction requirements, time constraints and all other requirements that the bureau determines have a substantial impact on the cost or quality of the project and the project development process. The request for proposals must include the criteria for acceptable proposals and state clearly what weight will be assigned to each criterion. A description of the scoring process and quality criteria to be used to judge the proposals must also be contained in the request for proposals. As part of the selection process, proposers must make oral presentations to the selection panel established under subparagraph (4). (4) The director shall appoint members of a selection panel for each project. The selection panel in both the request-for-qualifications and request-for-proposals phases must include design and construction professionals from within the bureau, design and construction professionals from outside the bureau and individuals who will use the facility. (5) Each proposal must be submitted to the bureau in 2 separate components: a sealed technical proposal and a sealed price proposal. These 2 components must be submitted simultaneously. The selection panel shall first open and evaluate and score each responsive technical proposal based on the quality criteria contained in the request for proposals. Nonresponsive proposals must be rejected. During this evaluation process, the price proposals must remain sealed and all technical proposals are confidential. After completion of the evaluation of the technical proposals, the selection panel shall publicly open and read each price proposal. The bureau shall award the contract to the proposer with the lowest price per quality score point, as long as that proposal meets all request-for-proposals requirements. The bureau shall be permitted to modify the scoring of price and quality in accordance with rules adopted by the bureau. [PL 2001, c. 271, §1 (NEW).] [PL 2001, c. 271, §1 (NEW).]

6. Construction-manager-at-risk method. The construction-manager-at-risk method must be consistent with the concepts set forth in a standard form of agreement between an owner and a construction manager when the construction manager is also the constructor as established by national architect or general contractor organizations. The final procedures and documents for this method of delivery are determined at the discretion of the director. A. The bureau shall publish in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal, a request for qualifications that must contain the evaluation criteria upon which proposals are evaluated. Evaluation criteria include project size and scope, and relevant experience and financial and staff capability of proposers. The bureau shall evaluate the proposals and determine which proposers, if any, are qualified to perform the project. The bureau may select a short list of 3 to 5 firms. [PL 2001, c. 271, §1 (NEW).] B. Proposers determined to be qualified must be invited to submit a fee proposal. The bureau shall, in advance of soliciting a fee proposal, publish the evaluation criteria upon which the proposers are evaluated. Evaluation criteria at a minimum must include the following: (1) Fee; (2) Technical capacity; (3) Management plan and project schedule if available; (4) Experience; (5) Past performance; (6) Technical approach; and (7) Composition and qualifications of the proposers' workforce. As part of the selection process, proposers must make oral presentations to the selection panel established under paragraph C . [PL 2001, c. 271, §1 (NEW).] C. The director shall appoint members of a selection panel for each project. The selection panel must include representatives of the owner, designer, if selected, and individuals who will use the facility. From among the proposals submitted, the bureau shall select the most advantageous proposal that meets the published evaluation criteria. [PL 2001, c. 271, §1 (NEW).] D. Subcontractors must be selected in accordance with the following provisions. The bureau shall create a subcontractor prequalification panel, composed of a representative from the designer, the construction manager and the bureau. The construction manager shall develop detailed bid packages based on the industry standard practice. The bureau shall advertise in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal, for requests for qualifications for each trade. The subcontractor prequalification panel shall, from the qualifications submitted, determine a short list of trade contractors who must be permitted to submit bids in accordance with the bid package requirements, pursuant to a publicly advertised process and deadline. Bids must be opened publicly and be awarded to the lowest responsive eligible bidder. [PL 2001, c. 271, §1 (NEW).] [PL 2001, c. 271, §1 (NEW).]

7. Construction-manager-advisor method. The construction-manager-advisor method must be consistent with the standard scope of services employed by the bureau in public improvement projects. A. The bureau shall publish in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal, a request for proposals that identifies the evaluation criteria upon which proposers are evaluated. Evaluation criteria must include: (1) Fee; (2) Technical capacity; (3) Management plan; (4) Experience; (5) Past performance; and (6) Composition of the project team, with individual resumes. As part of the selection process, proposers must make oral presentations to the selection panel established under paragraph B . [PL 2001, c. 271, §1 (NEW).] B. The director shall appoint members of a selection panel for each project. The selection panel must include representatives of the owner, designer, if selected, and individuals who will use the facility. From among the proposals submitted, the bureau shall select the most advantageous proposal according to the published evaluation criteria. [PL 2001, c. 271, §1 (NEW).] C. The position of general contractor must be awarded to the lowest responsive and eligible bidder. Additional trade contracts, if any, must be awarded to the lowest responsive and eligible bidder or bidders. [PL 2001, c. 271, §1 (NEW).] [PL 2001, c. 271, §1 (NEW).]

8. Owner's representative. The bureau may employ a qualified individual to represent the owner on any public improvement project awarded under the competitive bid process provided in subsection 2 or an alternative method of project delivery provided in subsection 3 . Owner's representative services must be consistent with the standard scope of services employed by the bureau. The services of the owner's representative must be procured in a manner consistent with the bureau's rules governing selection of architects and engineers or with policies and procedures adopted by rule of the bureau with the advice of the review panel. [PL 2001, c. 271, §1 (NEW).]
5 M.R.S. § 6203-D — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6203-D
5 §6203-D. Land for Maine's Future Trust Fund
Status: in_force

1. Fund established. There is established the Land for Maine's Future Trust Fund that is administered by the board. The Land for Maine's Future Trust Fund consists of the proceeds from the sale of any bonds authorized for the purposes set forth in subsection 2 , eligible investment earnings of funds established under this chapter and any funds received as contributions from private and public sources for the purposes set forth in subsection 2 . The Land for Maine's Future Trust Fund must be held separate and apart from all other money, funds and accounts and eligible investment earnings credited to the assets of the Land for Maine's Future Trust Fund become part of the assets of that fund. Any balance remaining in the Land for Maine's Future Trust Fund at the end of any fiscal year must be carried forward for the next fiscal year. [PL 2023, c. 284, §8 (NEW).]

2. Fund proceeds. The proceeds of the Land for Maine's Future Trust Fund may be applied and expended to: A. Accomplish the purposes of the funds established in sections 6203‑A to 6203‑C and 6203‑E and 6203‑F ; and [PL 2023, c. 412, Pt. X, §1 (NEW).] B. When unrestricted contributions to the Land for Maine's Future Trust Fund are received from private sources, fund administrative costs, including staff support, and consulting services, as determined necessary to carry out duties under this chapter. [PL 2023, c. 412, Pt. X, §1 (NEW).] [PL 2023, c. 412, Pt. X, §1 (RPR).]
5 M.R.S. § 17001 — ME Code / Title 5 / Part 20 / Chapter 421 / Section 17001
5 §17001. Definitions
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 801, §§5, 7 (NEW).]

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Accumulated contributions. "Accumulated contributions" means the sum of all the amounts contributed by the member or picked up by the employer from the compensation of a member and credited to the member's individual account in the Members' Contribution Fund, plus regular interest on the member's account, as provided in subchapter IV, article 2 , except that, for a member with less than 10 years of creditable service, if the amounts contributed by the member or picked up by the employer do not equal 7.5% of the member's compensation for service as a part-time, seasonal or temporary employee for service rendered after December 31, 1991, "accumulated contributions" includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7.5% of the member's compensation for service as a part-time, seasonal or temporary employee. [PL 1991, c. 619, §1 (AMD); PL 1991, c. 619, §18 (AFF).]

1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Accumulated contributions. "Accumulated contributions" means the sum of all the amounts contributed by the member or picked up by the employer from the compensation of a member and credited to the member's individual account in the Members' Contribution Fund, plus regular interest on the member's account, as provided in subchapter IV, article 2 . [PL 1987, c. 739, §§1, 48 (AMD).]

2. Actuarial equivalent. "Actuarial equivalent" means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. "Actuarial equivalent," when used to indicate the amount that must be paid in order to purchase service credit, means the amount that equals the cost of additional benefits that become payable as a result of the service credit, including, when applicable, the projected cost of a member's earlier eligibility for retirement. [PL 2021, c. 548, §6 (AMD).]

3. Actuary. "Actuary" means the individual or the organization designated by the board to be the technical advisor to the board under section 17107 . [PL 1985, c. 801, §§5, 7 (NEW).]

3-A. Annual base compensation. "Annual base compensation" means a member's gross compensation, based upon amounts reported by the member's employer on the member's previous year's federal wage and tax statement, that is used the first day of each April for setting the amount of coverage prior to retirement for participants in the group life insurance program administered by the board. [PL 1993, c. 386, §1 (AMD).]

3-B. Alternate payee. "Alternate payee" means a spouse, former spouse, child or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by the retirement system with respect to that member or retiree. [PL 1991, c. 746, §3 (NEW); PL 1991, c. 746, §10 (AFF).]

4. Average final compensation. "Average final compensation" means: A. The average annual rate of earnable compensation of a member during the 3 years of creditable service as an employee in Maine, not necessarily consecutive, in which the member's annual rate of earnable compensation is highest. However, if a member is subject to a temporary layoff or other time off without pay as a result of a Governor's Executive Order, time off without pay or loss of pay pursuant to the agreements of February 15, 1991, October 23, 1991 and June 11, 1993 between the Executive Department and the American Federation of State, County and Municipal Employees, Council 93, time off without pay pursuant to the agreement of June 11, 1993 between the Executive Department and the Maine State Employees Association, days off without pay as authorized by legislative action or days off without pay resulting from any executive order declaring or continuing a state of emergency relating to the lack of an enacted budget document for fiscal years ending June 30, 1992 and June 30, 1993, or, if a member elects to make the payments as set forth in section 17704‑B , as a result of days off without pay or for days worked for which the level of pay is reduced as the result of the freezing of merit pay and longevity pay as authorized by legislative action, by the State Court Administrator or from executive order for the fiscal year beginning July 1, 2002, July 1, 2009, July 1, 2010, July 1, 2011 or July 1, 2012, or a combination thereof, or, if a member is subject to days off without pay, not to exceed 10 days in each fiscal year ending June 30, 1992 and June 30, 1993, as a result of actions taken by local school administrative units to offset school subsidy reductions, or, if a member is subject to days off without pay during the fiscal year beginning July 1, 2009 or July 1, 2010, as a result of actions taken by a local school administrative unit and the member elects to make the payments as set forth in section 17704‑B or, notwithstanding section 18202 , as a result of actions of a participating local district to offset reductions in municipal revenue sharing or a combination thereof, for the fiscal years ending June 30, 1992 and June 30, 1993, or, if a member of a local school administrative unit is subject to loss of compensation from employment in an extracurricular or cocurricular position that was eliminated or otherwise unavailable during the period from January 1, 2020 to July 1, 2021 due to circumstances related to the novel coronavirus disease referred to as COVID-19 and the member elects to make the payments as set forth in section 17704‑B , or, if a member is subject to days off without pay during the fiscal year beginning July 1, 2009 or July 1, 2010, as a result of actions of a participating local district and the member elects to make the payments as set forth in section 18305‑C , the 3-year average final compensation must be determined as if the member had not been temporarily laid off, reduced in pay or provided days off without pay; or [PL 2021, c. 225, §1 (AMD).] B. The average annualized rate of earnable compensation of a member during the member's entire period of creditable service if that period is less than 3 years. [RR 2023, c. 2, Pt. B, §92 (COR).] [RR 2023, c. 2, Pt. B, §92 (COR).]

5. Beneficiary. "Beneficiary" means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. [PL 1985, c. 801, §§5, 7 (NEW).]

6. Benefit. "Benefit" means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V . [PL 1985, c. 801, §§5, 7 (NEW).]

7. Board. "Board" means the board of trustees, established under section 12004‑F, subsection 9 , to administer the Maine Public Employees Retirement System. [PL 1989, c. 503, Pt. B, §32 (AMD); PL 2007, c. 58, §3 (REV).]

8. Child. "Child" means any natural or legally adopted, born or unborn, progeny of a member. [PL 1985, c. 801, §§5, 7 (NEW).]

9. Consumer Price Index. "Consumer Price Index" means: A. The Consumer Price Index for All Urban Consumers, CPI-U, as compiled by the Bureau of Labor Statistics, United States Department of Labor; or [PL 2001, c. 181, §3 (AMD).] B. If the index described in paragraph A is revised or superseded, the board must employ the Consumer Price Index compiled by the Bureau of Labor Statistics, United States Department of Labor that the board finds to be most reflective of changes in the purchasing power of the dollar for the broadest population of consumers, including retired consumers. [PL 2001, c. 181, §3 (AMD).] [PL 2001, c. 181, §3 (AMD).]

10. Creditable service. "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 . [PL 2003, c. 693, §1 (AMD).]

11. Department. "Department" means any department, commission, institution or agency of State Government including the Maine Community College System. [PL 1989, c. 443, §16 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

12. Dependent child. "Dependent child" means: A. Any unmarried, natural or legally adopted, born or unborn, member's progeny, who is: (1) Under 18 years of age; or (2) Under 22 years of age and a full-time student; or [PL 1985, c. 801, §§5, 7 (NEW).] B. Regardless of age or marital status, any other progeny certified by an independent health care provider or the medical review service provider to be permanently mentally incompetent or permanently physically incapacitated and determined by the chief executive officer to be unable to engage in any substantially gainful employment. [PL 2021, c. 277, §11 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).] [PL 2021, c. 277, §11 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

12-A. Domestic relations order. "Domestic relations order" means a judgment, decree or order, including approval of a property settlement agreement, that: A. Relates to the provision of child support, alimony payments or marital property rights to a spouse, former spouse, child or other dependent of a member or retiree; and [PL 1991, c. 746, §4 (NEW); PL 1991, c. 746, §10 (AFF).] B. Is made pursuant to a domestic relations law of this State or another state. [PL 1991, c. 746, §4 (NEW); PL 1991, c. 746, §10 (AFF).] [PL 1991, c. 746, §4 (NEW); PL 1991, c. 746, §10 (AFF).]

12-B. Duly acknowledged. "Duly acknowledged" means acknowledged pursuant to Title 4, chapter 39 or through an electronic identification process designated in a rule established by the board. [PL 2025, c. 221, §9 (NEW).]

13. Earnable compensation. "Earnable compensation" means salaries and wages paid for services rendered in an employment position, subject to the following inclusions, exclusions and limitations. A. "Earnable compensation" includes: (1) Workers' compensation benefits; (2) Maintenance, if any; (3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B ; and (4) Pick-up contributions. [PL 1989, c. 800 (AMD).] B. For members other than members of the Participating Local District Retirement Program under chapters 425 and 427 , "earnable compensation" does not include: (1) For any member who has 10 years of creditable service by July 1, 1993 or who has reached 60 years of age and has been in service for a minimum of one year immediately before that date, payment for more than 30 days of unused accumulated or accrued sick leave, payment for more than 30 days of unused vacation leave or payment for more than 30 days of a combination of both and, effective October 1, 1999, whether or not the member is in service on October 1, 1999, the 30-day limitation may not be decreased and the exclusion set out in subparagraph (2) may not be made applicable to such a member; or (2) For any member who is not covered by subparagraph (1), payment for any unused accumulated or accrued sick leave or payment for any unused vacation leave. A payment for unused sick leave or unused vacation leave may not be included as part of earnable compensation unless it is paid upon the member's last termination before the member applies for retirement benefits. [PL 2025, c. 221, §10 (AMD).] B-1. "Earnable compensation" also does not include: (1) Any exclusion in the plan provisions adopted by rule pursuant to section 18801 ; or (2) Any other payment that is not compensation for actual services rendered or that is not paid at the time the actual services are rendered. [PL 2025, c. 221, §11 (RPR).] C. The following provisions govern limitations on earnable compensation. (1) Notwithstanding the other provisions of this subsection, except as provided in subparagraph (3), for the purposes of determining average final compensation, "earnable compensation" does not include any increase that exceeds the prior year's earnable compensation by more than 5% or that results in a total increase of more than 10% during the 3-year period used in the calculation of average final compensation, unless the cost of the additional actuarial liability arising from the excess increase is paid by the employer as provided in section 17154 . Any payment made under paragraph B , subparagraph (1) must be included in determining the amount of increase in the year in which the payment is made. This subparagraph does not apply to excess increases resulting from compensation paid prior to July 1, 1993, from compensation paid in accordance with an individual employment contract executed prior to July 1, 1993 or a collective bargaining agreement executed or ratified in its final form by final vote of one party to the agreement prior to July 1, 1993 for the initial term of that contract or agreement or from other action by the governing body of a school administrative unit in effect on July 1, 1993. This subparagraph does not apply to increases in compensation of state employees during fiscal year 1993-94 and fiscal year 1994-95. In all circumstances in which this subparagraph does not apply to earnable compensation of state employees and teachers, the provisions of this subparagraph that were in effect prior to June 30, 1993 apply. This subparagraph does not apply to earnable compensation of employees of participating local districts. (2) Effective October 1, 1999, the 5% limitation and the 10% limitation on increases in earnable compensation set out in subparagraph (1) may not be changed to a lower percentage for members who, on October 1, 1999 or thereafter, meet the creditable service requirement for eligibility to receive a service retirement benefit, at the applicable age if so required, under section 17851 or section 17851‑A, subsection 2 . (3) Collectively bargained salary or wage increases pursuant to Title 26, chapter 9‑A , 9‑B or 12 or job promotion may not be considered in calculating salary or wage increases for the purposes of subparagraph (1). [PL 2019, c. 395, §1 (AMD).] D. For a teacher who is eligible for participation in the State Employee and Teacher Retirement Program who is on a leave of absence while serving as President of the Maine Education Association, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position. [PL 2007, c. 491, §61 (AMD).] E. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) "Earnable compensation" of a part-time, seasonal or temporary employee is the sum of amounts computed under paragraphs A , B , C and D adjusted to reflect the wages or salary that the member would have been paid if the member had been employed, at the member's rate of pay, for the number of days or hours that a permanent full-time employee of the same employer would have been employed unless the board has established by rule a benefit computation method that otherwise prevents overlapping reduction of benefits for part-time, seasonal or temporary employees due to working less than full-time and earning less than full-time equivalent compensation. [PL 2025, c. 221, §12 (AMD).] E. (TEXT REPEALED ON CONTINGENCY: See PL 1991, c. 619, §18) [PL 1991, c. 619, §18 (RP).] F. For a teacher who, as provided by subsection 42 , serves as president of a recognized or certified bargaining agent representing teachers for which released time from teaching duties for performance of the functions of president has been negotiated in a collective bargaining agreement between the collective bargaining agent and the teacher's school administrative unit, "earnable compensation" includes compensation paid for the released time, except that the amount of that compensation included in "earnable compensation" may not be more than the compensation that the teacher would have been paid had the teacher remained that same amount of time in the teacher's teaching position. [PL 1993, c. 482, §1 (NEW).] [PL 2025, c. 221, §§10-12 (AMD).]

14. Employee. "Employee" means: A. For purposes of this chapter, a state employee, including any person serving during any probationary period required under the Civil Service Law and rules of the Civil Service Appeals Board, a teacher or a participating local district employee; [PL 1987, c. 402, Pt. A, §§64, 65 (AMD).] B. For purposes of chapter 423 , a state employee, including any person serving during any probationary period required under the Civil Service Law and rules of the Civil Service Appeals Board, or a teacher; or [PL 1987, c. 402, Pt. A, §§64, 65 (AMD).] C. For purposes of chapter 425 , a participating local district employee. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1987, c. 402, Pt. A, §§64, 65 (AMD).]

15. Executive body. "Executive body" means the official or body of officials who, in their official capacity, have the general powers and duties of administering, supervising and managing the affairs of an organization or governmental unit. [PL 1985, c. 801, §§5, 7 (NEW).]

16. Chief executive officer. "Chief executive officer" means the Chief Executive Officer of the Maine Public Employees Retirement System. [PL 1985, c. 801, §§5, 7 (NEW); PL 2007, c. 58, §3 (REV); PL 2021, c. 548, §45 (REV).]

17. Father. [PL 2025, c. 390, Pt. A, §12 (RP).]

18. Full-time student. "Full-time student" means a person who meets the requirements for a full-time student set out in rules adopted by the board. [PL 1985, c. 801, §§5, 7 (NEW).]

18-A. Internal Revenue Code. "Internal Revenue Code" or "Code" means the United States Internal Revenue Code of 1986, as amended. [PL 2009, c. 474, §11 (NEW).]

18-B. Health care provider. "Health care provider" means an appropriately licensed, certified or registered provider of mental or physical health care, in either the public or private sector. [PL 2021, c. 277, §12 (NEW); PL 2021, c. 277, §45 (AFF).]

19. Local district. "Local district" means: A. Any county, municipality, quasi-municipal corporation or incorporated instrumentality of the State or of one or more of its political subdivisions; [PL 1985, c. 801, §§5, 7 (NEW).] B. Any incorporated association of employees of the State or employees of any of the entities set out in paragraph A ; [PL 1985, c. 801, §§5, 7 (NEW).] C. Any incorporated association of any of the entities set out in paragraph A ; [PL 1985, c. 801, §§5, 7 (NEW).] D. Any entity eligible to become a participating local district before January 1, 1976; [PL 1985, c. 801, §§5, 7 (NEW).] E. Any entity participating in the retirement system before January 1, 1976; [PL 2011, c. 657, Pt. I, §1 (AMD).] F. Any educational institution in the State teaching courses equivalent to or higher than secondary institutions; or [PL 2011, c. 657, Pt. I, §1 (AMD).] G. Any public charter school, as authorized by Title 20‑A, chapter 112 . [PL 2011, c. 657, Pt. I, §2 (NEW).] [PL 2011, c. 657, Pt. I, §§1, 2 (AMD).]

19-A. Medical provider. [PL 2021, c. 277, §13 (RP); PL 2021, c. 277, §45 (AFF).]

19-B. Medical review service provider. "Medical review service provider" means an entity with whom the chief executive officer has contracted for the review of medical records and the provision of recommendations, opinions and certifications under this Part by health care providers employed by the entity. [PL 2021, c. 277, §14 (NEW); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

20. Member. "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 . [PL 2007, c. 491, §62 (AMD).]

21. Membership service. "Membership service" means service rendered while a member of a retirement program of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter 4 or chapter 425, subchapter 4 . [PL 2007, c. 491, §63 (AMD).]

22. Mother. [PL 2025, c. 390, Pt. A, §13 (RP).]

23. Normal retirement age. "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 . [PL 2001, c. 118, §1 (AMD).]

24. Organization. "Organization" means a corporation, partnership or unincorporated association. [PL 1985, c. 801, §§5, 7 (NEW).]

25. Out-of-state service. "Out-of-state service" means service rendered as an employee of: A. Any state, territory or possession of the United States, except Maine; or [PL 1985, c. 801, §§5, 7 (NEW).] B. Any political subdivision of any state, territory or possession of the United States, except Maine. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1985, c. 801, §§5, 7 (NEW).]

26. Parent. "Parent" means a natural or adoptive parent or stepparent. [PL 2025, c. 390, Pt. A, §14 (AMD).]

26-A. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Part-time, seasonal or temporary employee. "Part-time, seasonal or temporary employee" means an employee whose employment position is part-time, seasonal or temporary as defined in 26 CFR Part 31. [PL 1991, c. 619, §3 (NEW); PL 1991, c. 619, §18 (AFF).]

26-A. (TEXT REPEALED ON CONTINGENCY: See PL 1991, c. 619, §18) Part-time, seasonal or temporary employee. [PL 1991, c. 619, §18 (RP).]

27. Participating local district. "Participating local district" means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201 . [PL 2007, c. 491, §64 (AMD).]

28. Participating local district employee. "Participating local district employee" means an employee of a participating local district. [PL 1985, c. 801, §§5, 7 (NEW).]

28-A. Pick-up contributions. "Pick-up contributions" means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. [PL 1987, c. 739, §§3, 48 (NEW).]

29. Prior service. "Prior service" means service rendered before the date of establishment of the retirement system as set forth in section 17101 . [PL 1985, c. 801, §§5, 7 (NEW).]

29-A. Professional employee. "Professional employee" means any employee engaged in work: A. Predominantly intellectual and varied in character as opposed to routine mental, manual or mechanical work; [PL 1989, c. 550, §1 (NEW).] B. Involving the consistent exercise of discretion and judgment; [PL 1989, c. 550, §1 (NEW).] C. Of such a character that the product or result of the work cannot be standardized in relation to a given time period; and [PL 1989, c. 550, §1 (NEW).] D. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes. [PL 1989, c. 550, §1 (NEW).] [PL 1989, c. 550, §1 (NEW).]

30. Public school. "Public school" is defined as follows. A. "Public school" includes: (1) Any public school conducted within the State under the authority and supervision of a duly elected board of education, superintending school committee or school directors; and (2) Any school which received any direct state aid in 1950 and municipal tuition funds amounting to at least the amount of that state aid during 1950. [PL 1985, c. 801, §§5, 7 (NEW).] B. "Public school" does not include: (1) Maine Wesleyan Seminary and College, commonly known as Kents Hill School, as of September 23, 1971; (2) Bridgton Academy, as of September 1, 1979; (3) Gould Academy, as of September 1, 1979; (4) North Yarmouth Academy, as of September 1, 1979; and (5) Public charter schools, as authorized by Title 20‑A, chapter 112 . [PL 2011, c. 657, Pt. I, §3 (AMD).] [PL 2011, c. 657, Pt. I, §3 (AMD).]

30-A. Qualified domestic relations order. "Qualified domestic relations order" means a domestic relations order that: A. Creates or recognizes the right of an alternate payee, or assigns to an alternate payee the right, to receive all or a portion of the benefits payable with respect to a member or retiree under any of the programs of the Maine Public Employees Retirement System; [PL 2007, c. 491, §65 (AMD).] B. Directs the retirement system to disburse benefits to the alternate payee; and [PL 1991, c. 746, §5 (NEW); PL 1991, c. 746, §10 (AFF).] C. Meets the requirements of section 17059 . [PL 1991, c. 746, §5 (NEW); PL 1991, c. 746, §10 (AFF).] [PL 2007, c. 491, §65 (AMD).]

31. Regular interest. "Regular interest" means interest at the rate set from time to time by the board in accordance with section 17156 . [PL 1985, c. 801, §§5, 7 (NEW).]

32. Restoration to service. "Restoration to service" is defined as follows. A. For a retired state employee or teacher, "restoration to service" means acceptance of employment as either a state employee or a teacher. [PL 1985, c. 801, §§5, 7 (NEW).] B. For a retired participating local district employee: (1) Except as provided in subparagraph (2), "restoration to service" means acceptance of employment with the participating local district from which the employee retired; and (2) After the date on which the consolidated plan under chapter 427 goes into operation, for a participating local district employee who retires from a participating local district that at the time of the employee's retirement is in the consolidated plan, "restoration to service" means acceptance of employment with the participating local district from which the employee retired or with any other participating local district that is in the consolidated plan at the time the employee accepts employment. [PL 1995, c. 274, §2 (AMD).] C. "Restoration to service" does not include election to the Legislature. [PL 1985, c. 801, §§5, 7 (NEW).] [PL 1995, c. 274, §2 (AMD).]

33. Retirement. "Retirement" means termination of membership with a retirement allowance granted under this chapter. [PL 1985, c. 801, §§5, 7 (NEW).]

34. Retirement allowance. "Retirement allowance" means the retirement payments to which a member is or may be entitled as provided in this Part. [PL 1985, c. 801, §§5, 7 (NEW).]

35. Retirement benefit. "Retirement benefit" means the same as retirement allowance. [PL 1985, c. 801, §§5, 7 (NEW).]

36. Retirement system. "Retirement system" means the Maine Public Employees Retirement System. [PL 1985, c. 801, §§5, 7 (NEW); PL 2007, c. 58, §3 (REV).]

37. Service. "Service" means service as an employee for which compensation was paid. [PL 1985, c. 801, §§5, 7 (NEW).]

38. Service credit. "Service credit" means credit received for creditable service as defined under subsection 10 . [PL 1985, c. 801, §§5, 7 (NEW).]

39. Spouse. "Spouse" means the person currently legally married to a member. [PL 1985, c. 801, §§5, 7 (NEW).]

40. State employee. "State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20‑A, section 12722 , any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20‑A, section 7407, subsection 3‑A , any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include: A. A judge, as defined in Title 4, section 1201 or 1301 , who is now or later may be entitled to retirement benefits under Title 4, chapter 27 or 29 ; [PL 2003, c. 688, Pt. A, §4 (RPR).] B. A member of the State Police who is now entitled to retirement benefits under Title 25, chapter 195 ; or [PL 2003, c. 688, Pt. A, §4 (RPR).] C. A Legislator who is now or later may be entitled to retirement benefits under Title 3, chapter 29 . [PL 2003, c. 688, Pt. A, §4 (RPR).] [PL 2009, c. 372, Pt. C, §1 (AMD).]

40-A. Survive or surviving. "Survive" or "surviving" means to live, by clear and convincing evidence, for at least 120 hours after the death of the qualifying member or family member, as applicable. [PL 2025, c. 221, §13 (NEW).]

41. Surviving spouse. "Surviving spouse" means the spouse who survives the death of the member or former member. [PL 2025, c. 221, §14 (AMD).]

42. Teacher. "Teacher" means: A. Any employee of a public school or an education service center established pursuant to Title 20‑A, chapter 123 who fills any position that the Department of Education requires be filled by a person who holds the appropriate certification or license required for that position, other than an educational technician position for which certification is not required under Title 20‑A, section 13019‑H , and: (1) Holds appropriate certification from the Department of Education, including an employee whose duties include, in addition to those for which certification is required, either the setup, maintenance or upgrading of a school computer system the use of which is to assist in the introduction of new learning to students or providing school faculty orientation and training related to use of the computer system for educational purposes; or (2) Holds an appropriate license issued to a professional employee by a licensing agency of the State; [PL 2021, c. 548, §7 (AMD).] B. Any employee of a public school or an education service center established pursuant to Title 20‑A, chapter 123 who fills any position not included in paragraph A , the principal function of which is to introduce new learning to students, except that a coach who is employed by a public school and who is not otherwise a member of the State Employee and Teacher Retirement Program of the retirement system or an employee who is employed in adult education as defined in Title 20‑A, section 8601‑A, subsection 1 and who is not otherwise a member of the State Employee and Teacher Retirement Program of the retirement system may not be considered a teacher for purposes of this Part; [PL 2025, c. 221, §15 (AMD).] C. Any employee of a public school on June 30, 1989, in a position not included in paragraph A or B that was included in the definition of teacher in effect on June 30, 1989, as long as: (1) The employee does not terminate employment; or (2) The employee terminates employment and returns to employment in a position in the same classification within 2 years of the date of termination. Regardless of any subsequent employment history, any employee of a public school in a position that was included in the definition of teacher in effect on June 30, 1989, is entitled to creditable service as a teacher for all service in that position on or before that date; [PL 2021, c. 548, §7 (AMD).] D. Any employee of a public school or an education service center established pursuant to Title 20‑A, chapter 123 in a position not included in paragraph A , B or C who was a member of the State Employee and Teacher Retirement Program of the retirement system as a teacher on August 1, 1988, as long as: (1) The employee does not terminate employment; or (2) The employee terminates employment and returns to employment in a position in the same classification within 2 years of the date of termination; [PL 2021, c. 548, §7 (AMD).] E. Any former employee of a public school or an education service center established pursuant to Title 20‑A, chapter 123 in a position not included in paragraph A , B or C who was a member of the State Employee and Teacher Retirement Program of the retirement system as a teacher before August 1, 1988, as long as the former employee returns to employment in a position in the same classification before July 1, 1991; or [PL 2021, c. 548, §7 (AMD).] F. For service before July 1, 1989, any employee of a public school in a position that was included in the definition of teacher before July 1, 1989. [PL 2021, c. 548, §7 (AMD).] "Teacher" includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. "Teacher" also includes a person who is on a leave of absence from a position as a teacher and is duly elected as President of the Maine Education Association. "Teacher" also includes a person who, subsequent to July 1, 1981, has served as president of a recognized or certified bargaining agent representing teachers for which released time from teaching duties for performance of the functions of president has been negotiated in a collective bargaining agreement between the collective bargaining agent and the teacher's school administrative unit and for whom contributions related to the portion of the person's salary attributable to the released time have been paid as part of the regular payroll of the school administrative unit. [PL 2025, c. 221, §15 (AMD).]

43. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) 26 CFR Part 31. "26 CFR Part 31" means 26 Code of Federal Regulations, Part 31, as amended effective July 1, 1991, or as hereafter amended. [PL 1991, c. 619, §4 (NEW); PL 1991, c. 619, §18 (AFF).]

43. (TEXT REPEALED ON CONTINGENCY: See PL 1991, c. 619, §18) 26 CFR Part 31. [PL 1991, c. 619, §18 (RP).]
5 M.R.S. § 13034 — ME Code / Title 5 / Part 18-A / Chapter 381 / Section 13034
5 §13034. Powers of commission
Status: in_force

The commission has the power to: [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]

1. Negotiate and approve contract. Negotiate, approve and enforce the contract with the administrative unit by which state funds are provided by the administrative unit to the small business development centers throughout the State. Approval of the contract requires the approval of at least 4 members of the commission; [PL 2001, c. 142, §3 (AMD).]

2. Evaluate small business programs. Evaluate and make recommendations to coordinate small business and entrepreneurial programs statewide, including those administered or overseen by the department; [PL 2001, c. 142, §3 (AMD).]

3. Issue reports and recommendations. Issue reports and recommendations to the commissioner, the Governor and the Legislature in regard to programs that support or promote small business assistance and entrepreneurship. Beginning January 15, 2009, the commission shall provide an annual report, by January 15th of each year, to the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters that includes the commission's proposed quarterly meeting schedule for the year, as well as a summary of the Small Business Development Center Program's activities in the State that focuses on its collaborative efforts with other economic development programs in the State; and [PL 2007, c. 585, §3 (AMD).]

4. Hire professional staff. Hire professional staff who are not subject to the Civil Service Law and who serve at the pleasure of the commission. A. Funding of professional staff must be provided by the department from resources made available to the Office of Business Development for personal services. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] B. The department shall provide clerical support as required by the commission. [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).] [PL 1989, c. 875, Pt. L, §§2, 4 (NEW).]
5 M.R.S. § 13083-Q — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-Q
5 §13083-Q. Designation as port of entry, international airport, foreign trade zone and free port area
Status: in_force

1. Port of entry. The authority may apply to the Secretary of the Treasury of the United States for the purpose of having Brunswick Naval Air Station or a portion of the base designated, established or constituted as a port of entry or an international airport pursuant to the federal Customs Reorganization Act, 19 United States Code, Section 1, as amended, and Section 58b, as amended, and regulations of the United States Customs Service, including 19 Code of Federal Regulations, Sections 101.0 and 122.1, as amended. [PL 2005, c. 599, §1 (NEW).]

2. Foreign trade zone. The authority may apply to the Secretary of Commerce of the United States for the purpose of establishing, operating and maintaining foreign trade zones at Brunswick Naval Air Station pursuant to the federal Foreign Trade Zones Act, 19 United States Code, Section 81a‑81u, as amended, providing for the establishment, operation and maintenance of foreign trade zones in or adjacent to ports of entry of the United States for expediting and encouraging foreign commerce and for other purposes. A. The authority may select and describe the location of the foreign trade zone, make rules and take other actions concerning the operation, maintenance and policing of the zone as necessary to comply with the federal Foreign Trade Zones Act and the regulations promulgated under that Act. [PL 2005, c. 599, §1 (NEW).] B. The authority may lease or may erect, maintain and operate structures, buildings or enclosures necessary for the establishment and operation of foreign trade zones. [PL 2005, c. 599, §1 (NEW).] [PL 2005, c. 599, §1 (NEW).]

3. Other tax-free provisions. The authority may establish a free port area at Brunswick Naval Air Station in which personal property in transit is exempt from the provisions of the stock-in-trade tax and other taxes and customs normally levied in a port of entry. For the purposes of this section, personal property in transit through the free port area established by the authority includes goods, wares and merchandise that: A. Are moving in interstate or international commerce through or over the free port areas established; [PL 2005, c. 599, §1 (NEW).] B. Are consigned from outside the State to a public or private warehouse within the State, whether that consignment is specified before or after transportation; or [PL 2005, c. 599, §1 (NEW).] C. Do not lose their tax-exempt status because, while in a warehouse, they are assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The warehouse in which the goods, wares and merchandise are stored may not be owned in whole or in part by either the consignee or the consignor. The tax-exemption granted may be liberally construed to effect the purposes of this article. [PL 2005, c. 599, §1 (NEW).] [PL 2005, c. 599, §1 (NEW).]
5 M.R.S. § 44-A — ME Code / Title 5 / Part 1 / Chapter 3 / Section 44-A
5 §44-A. Out-of-state travel report
Status: in_force

All state agencies shall, within 15 days after the end of each quarter, submit to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs a report of that quarter's out-of-state travel activity. For the purposes of this section, a state agency is any state department or agency, or any part of a state department or agency, that receives an appropriation or an allocation through the state budget process. The report must reflect, for each individual who has been authorized by the agency to travel, the destination, purpose and cost by funding source of each trip. [PL 1991, c. 622, Pt. L, §7 (NEW).]
5 M.R.S. § 3360-W — ME Code / Title 5 / Part 9 / Chapter 316-D / Section 3360-W
5 §3360-W. Maine Mass Violence Care Fund
Status: in_force

1. Fund established; purpose; source of funds. The Maine Mass Violence Care Fund, referred to in this chapter as "the fund," is established within the Department of the Attorney General as an Other Special Revenue Funds account. The purpose of the fund is to provide a sustainable source of funds for expenses eligible for reimbursement by the Victims' Compensation Board established under section 3360‑A arising from a mass violence crime pursuant to chapter 316‑A that are not paid for by insurance or any other source. The fund is funded through appropriations and allocations and may receive private donations and federal and state funds designated by law for the payment of claims and reasonable administrative costs of the fund. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. [PL 2023, c. 643, Pt. N, §3 (NEW).]

2. Administration and investment of fund. The fund is administered by the Treasurer of State in accordance with this subsection. A. In consultation with the Attorney General, the Treasurer of State may hold, invest, reinvest and manage the fund in a manner that fulfills the purpose of the fund as long as the investment and reinvestment of funds is in compliance with section 138 and the Maine Uniform Trust Code, including the Maine Uniform Prudent Investor Act. [PL 2023, c. 643, Pt. N, §3 (NEW).] B. All costs of administering the fund, including the necessary and proper expenses incurred by the Treasurer of State in administering the fund, must be paid from the fund. [PL 2023, c. 643, Pt. N, §3 (NEW).] C. The Treasurer of State, the Attorney General and the Victims' Compensation Board established in section 3360‑A may not encumber, invest, divest or disburse funds for any purpose not specifically included in this section. [PL 2023, c. 643, Pt. N, §3 (NEW).] [PL 2023, c. 643, Pt. N, §3 (NEW).]

3. Distributions from fund. The Victims' Compensation Board established under section 3360‑A shall make distributions from the fund in accordance with chapter 316‑A and rules establishing eligibility criteria adopted by the board. A. Only gains, interest, dividends and other revenue earned on funds in the fund and any amounts gifted to the fund may be expended. [PL 2023, c. 643, Pt. N, §3 (NEW).] B. Payments from the fund to a victim for eligible expenses, as set forth in section 3360‑E , may not be made sooner than 3 years after the applicable mass violence crime. [PL 2023, c. 643, Pt. N, §3 (NEW).] [PL 2023, c. 643, Pt. N, §3 (NEW).]

4. Rules. The board may adopt rules to implement the provisions of this section including establishing eligibility criteria. [PL 2023, c. 643, Pt. N, §3 (NEW).]

5. Annual report. The Attorney General and the Treasurer of State shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by February 1st of each year regarding implementation of the fund, including procedures developed by the Victims' Compensation Board, total revenue available for reimbursement of eligible claims and annual expenditures from the fund. [PL 2023, c. 643, Pt. N, §3 (NEW).]
5 M.R.S. § 13083-R — ME Code / Title 5 / Part 18-A / Chapter 383 / Section 13083-R
5 §13083-R. Termination of the authority
Status: in_force

The authority is not dissolved until: [PL 2005, c. 599, §1 (NEW).]

1. Legislature provides for termination. It is terminated by the Legislature; and [PL 2005, c. 599, §1 (NEW).]

2. Payment of bonds, premiums and interest. The bonds, premium, if any, and interest have been paid or a sufficient amount for the payment of the bonds and interest to maturity or a prior redemption date have been irrevocably set aside in trust for the benefit of the bondholders. [PL 2005, c. 599, §1 (NEW).]
5 M.R.S. § 200-N — ME Code / Title 5 / Part 1 / Chapter 9 / Section 200-N
5 §200-N. Confidential attorney-client communications
Status: in_force

1. Policies. By January 1, 2024, the Attorney General shall adopt a written policy for the protection of confidential attorney-client communications by employees and agents of the Attorney General, which must include, at a minimum, processes to protect and ensure confidentiality of attorney‑client communications and processes to be followed in the event that there is a breach of attorney-client confidentiality. [PL 2023, c. 394, Pt. A, §4 (NEW).]

2. Training. By January 1, 2024, the Attorney General shall develop a training program for all state, county and municipal law enforcement officers and investigators who, as part of a criminal investigation, may inadvertently hear confidential attorney-client communications, which must include, at a minimum, practices and procedures for protecting and ensuring confidential attorney-client communications and practices and procedures to be followed in the event that there is a breach of attorney-client confidentiality. [PL 2023, c. 394, Pt. A, §4 (NEW).]
5 M.R.S. § 1742-B — ME Code / Title 5 / Part 4 / Chapter 153 / Section 1742-B
5 §1742-B. Municipal building ordinances
Status: in_force

The Department of Administrative and Financial Services, Bureau of General Services, referred to as "the bureau" in this section, shall provide written notification to the municipal manager or, in the absence of a manager, the chair of the municipal officers of a state construction project or public improvement within the boundaries of that municipality as soon as practicable after beginning the schematic design process. If a municipality intends to review and issue building permits on state construction projects and public improvements, the municipality must file a notice of intent with the bureau no later than 45 days following receipt of notification by the bureau of the state construction project or public improvement. Once the required notice is filed, the projects and improvements to state-owned or leased buildings must comply with municipal ordinances governing the construction and alteration of buildings, as long as the municipal building code standards are as stringent as, or more stringent than, the code for state buildings. Prior to requesting bids, the bureau shall obtain or it shall require the project designer to obtain municipal approval of the project plans and specifications. Contractors and subcontractors shall obtain all necessary municipal building permits and the project must be subject to municipal inspections. [PL 2021, c. 275, §2 (AMD).]

Fees may be assessed for any permit obtained for any state construction project or public improvements to state-owned buildings. [PL 2005, c. 489, §1 (AMD).]

If a proposed public improvement is for new construction only and is not reviewed by a municipality, the state agency responsible for the new construction shall provide public notice of the project in the same manner as is required for notice of similar projects by ordinance of the municipality. Public notice under this paragraph must be provided as soon as development of the schematic design for the project is complete. [PL 2001, c. 615, §1 (NEW).]

If a proposed public improvement is for or includes installation of a solar energy project that will involve the disturbance of more than 1,000 square feet of land area, the state agency responsible for the installation of the solar energy project shall hold a public hearing on the project in the municipality where the project is located. The public hearing under this paragraph must be provided as soon as development of the schematic design for the solar energy project is complete. [PL 2023, c. 177, §1 (NEW).]

For purposes of this section, "schematic design" means the phase of the project or public improvement when the scale, proportions and relationships of the major project components are defined and the major building systems, construction materials, cost estimate and schedule of the project or public improvement are identified. Documents that are a part of the schematic design include a site plan and floor plan and building sections and elevations. [PL 2005, c. 489, §1 (NEW).]
5 M.R.S. § 151 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 151
5 §151. Funds of professional licensing boards
Status: in_force

All money received by the Treasurer of State from those boards listed in section 12004‑A constitutes a fund for each board, which is a continuous carrying account for the payment of the compensation and expenses of the members and the expenses of the board and for executing the law relating to each board respectively and as much of the fund as may be required is appropriated for these purposes. All payments must be made from the respective funds held in the State Treasury, after the approval of the State Controller. In no event may these payments exceed the amounts received by the Treasurer of State from the treasurer of each respective board. Any balance remaining to the credit of any board at the end of any year must be carried forward to the next year. [PL 1997, c. 393, Pt. B, §1 (RPR); PL 1997, c. 393, Pt. B, §2 (AFF).]

Whenever there shall accumulate in the State Treasury to the account of any board or commission charged with the duty of issuing licenses for the conduct of any profession, trade or business, sums of money in excess of the amount required properly to cover the expense of performing the duties imposed upon the board or commission in connection with the granting of licenses and the supervision of persons licensed, the board or commission, with the approval of the Governor, may suspend the payment or reduce the amount of any license fees fixed by law for any renewal until, in the opinion of the board or commission, it shall be necessary to collect the full amount established by law. [PL 1987, c. 395, Pt. A, §16 (RPR).]
5 M.R.S. § 960 — ME Code / Title 5 / Part 2 / Chapter 71 / Section 960
5 §960. Department of Energy Resources
Status: in_force

The position of Deputy Commissioner is a major policy-influencing position within the Department of Energy Resources. Notwithstanding any provision of law to the contrary, this position and any successor position is subject to this chapter. [PL 2025, c. 476, Pt. A, §4 (NEW).]
5 M.R.S. § 90-A — ME Code / Title 5 / Part 1 / Chapter 5 / Section 90-A
5 §90-A. Central filing system for security interests in farm products
Status: in_force

The Secretary of State may establish and operate a central filing system to record and provide notice of financing statements evidencing security interests in farm products. For this purpose, the Secretary of State may adopt rules, in accordance with the Maine Administrative Procedure Act, chapter 375, subchapter II , establish procedures and adopt a schedule of fees in conjunction with filing, registering, providing notices and other services performed by the Secretary of State in carrying out this section. [PL 1987, c. 27, §1 (NEW).]

Receipt of notice by a registered buyer entitled to receive a master list of notices of filed effective financing statements shall be considered to occur on the date that a master list was sent or delivered by the Secretary of State. [PL 1987, c. 27, §1 (NEW).]
5 M.R.S. § 6205 — ME Code / Title 5 / Part 15-A / Chapter 353 / Section 6205
5 §6205. Board meetings; rules and administrative proceedings
Status: in_force

1. Meetings. The board shall meet at least 4 times each year. The chair shall call the meetings of the board. [PL 1993, c. 728, §7 (AMD).]

2. Rules. The board, acting in accordance with section 8052 , may adopt rules it considers necessary for the conduct of its business. [PL 1993, c. 728, §7 (AMD).]

3. Compensation. Appointed members are entitled to receive compensation equal to legislative per diem and travel expenses as allowed under section 12004‑G, subsection 29 while engaged in board activities. Notwithstanding section 12002, subsection 2 , appointed members are entitled to a meal allowance for each day in attendance at a board meeting not to exceed the rates established by the United States General Services Administration. [PL 2023, c. 412, Pt. Y, §1 (AMD).]

4. Quorum. A quorum of the board for the transaction of business is 5 members. [PL 2013, c. 92, §1 (AMD).]

5. Personal bias. If a charge of bias or personal financial interest, direct or indirect, is filed against a member requesting that member to withdraw from a proceeding of the board, that member shall determine whether or not to withdraw and shall make that determination part of the record of that proceeding. [PL 1993, c. 728, §7 (AMD).]
5 M.R.S. § 12002-A — ME Code / Title 5 / Part 18 / Chapter 379 / Section 12002-A
5 §12002-A. Payment of expenses
Status: in_force

1. Activities subject to reimbursement. Members of boards may be paid for expenses at a rate not to exceed the rate normally paid to state employees for the following: A. Actual attendance at meetings called by the chair of the board or a majority of members of the board; [RR 2023, c. 2, Pt. B, §87 (COR).] B. Actual attendance at public hearings held by the board necessary to fulfill the duties and responsibilities of the board; [PL 1985, c. 295, §6 (RPR).] C. Actual attendance at meetings of groups advisory to the board; [PL 1985, c. 295, §6 (RPR).] D. Actual attendance at a meeting held out-of-state which is necessary to the purpose of the board; or [PL 1985, c. 295, §6 (RPR).] E. Participation in official business of the board required by law or by rule of the board or a procedure which is necessary to fulfill the statutory responsibilities of the board, but shall not include any of the prohibited activities as defined in section 12002‑B, subsection 2 . Members of occupational and professional licensing boards, as defined in section 12004‑A , may receive expenses for meetings relating to the occupations and professions regulated by each board and which meetings are held out of state. [PL 1989, c. 503, Pt. B, §25 (AMD).] [RR 2023, c. 2, Pt. B, §87 (COR).]

2. Child care and personal care expenses. Child care expenses and personal care expenses may be reimbursed only as provided in this subsection. A. For those board members who hold their positions because state statute, federal statute or federal regulation requires membership of low income people, those members may be reimbursed for reasonable child care expenses incurred while engaged in the official business of the board. [PL 1985, c. 295, §6 (NEW).] B. For those board members who are selected because they are persons who are developmentally or otherwise disabled or who are the parents or guardians of persons who are disabled, those members may be reimbursed for reasonable child care expenses and personal care expenses incurred while engaged in the official business of the board. [PL 2021, c. 348, §13 (AMD).] [PL 2021, c. 348, §13 (AMD).]
5 M.R.S. § 105 — ME Code / Title 5 / Part 1 / Chapter 6-A / Section 105
5 §105. Appointment of clerk or registered agent
Status: in_force

1. Contents of filing. A clerk or registered agent filing must state: A. The name of the represented entity's commercial clerk or commercial registered agent; or [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. If the entity does not have a commercial clerk or commercial registered agent: (1) The name and address of the entity's noncommercial clerk or noncommercial registered agent; or (2) The title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

2. Consent to serve as agent. The appointment of a clerk or a registered agent pursuant to subsection 1, paragraph A or subsection 1, paragraph B , subparagraph (1) is an affirmation by the represented entity that the agent has consented to serve as such. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]

3. Daily list of filings. The Secretary of State shall make available in a record as soon as practicable a daily list of filings that contain the name of a clerk or a registered agent. The list must: A. Be available for at least 14 calendar days; [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] B. List in alphabetical order the names of the clerks or registered agents; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] C. State the type of filing and name of the represented entity making the filing. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).] [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5 M.R.S. § 901 — ME Code / Title 5 / Part 2 / Chapter 69 / Section 901
5 §901. Legislative findings and purpose
Status: in_force

The Legislature finds that alternative working hours, including part-time work, job sharing and more flexible work schedules will lead to greater efficiency by state employees. There are many qualified and talented Maine citizens of all ages whose personal responsibilities make it difficult to work full time or during the traditional hours of employment. [PL 1981, c. 270, §4 (NEW).]
5 M.R.S. § 135 — ME Code / Title 5 / Part 1 / Chapter 7 / Section 135
5 §135. Deposit of state funds; limitations
Status: in_force

The Treasurer of State may deposit the money, including trust funds of the State, in any national bank or in any banking institution, trust company, state or federal savings and loan association or mutual savings bank organized under the laws of this State or having a location in the State except as provided in chapter 161 . Before making a deposit, the Treasurer of State must consider the rating of the banking institution, trust company, state or federal savings and loan association or mutual savings bank on its most recent assessment conducted pursuant to the federal Community Reinvestment Act, 12 United States Code, Section 2901. The Treasurer of State may transfer funds into and out of the respective funds in the cash pool as circumstances may require to meet current obligations and shall request the State Controller to effect such transfers by journal entry as set forth in section 131‑B . When there is excess money in the State Treasury that is not needed to meet current obligations, the Treasurer of State may invest, with the concurrence of the State Controller or the Commissioner of Administrative and Financial Services and with the consent of the Governor, those amounts in bonds, notes, certificates of indebtedness or other obligations of the United States and its agencies and instrumentalities that mature not more than 36 months from the date of investment or in repurchase agreements that mature within the succeeding 12 months that are secured by obligations of the United States and its agencies and instrumentalities, prime commercial paper, tax-exempt obligations and corporate bonds rated "AAA" that mature not more than 36 months from the date of investment, banker's acceptances or so-called "no-load" shares of any investment company registered under the federal Investment Company Act of 1940, as amended, that complies with Rule 2a-7 guidelines and maintains a constant share price. The Treasurer of State may participate in the securities loan market by loaning state-owned bonds, notes or certificates of indebtedness of the Federal Government, only if loans are fully collateralized by treasury bills or cash. The Treasurer of State shall seek competitive bids for investments except when, after a reasonable investigation, it appears that an investment of the desired maturity is procurable by the State from only one source. Interest earned on those investments of money must be credited to the respective funds, except that interest earned on investments of special revenue funds must be credited to the General Fund of the State. Effective July 1, 1995, interest earned on investments of the Highway Fund must be credited to the Highway Fund. Interest earned on funds of the Department of Inland Fisheries and Wildlife must be credited to the General Fund. Interest earned on funds of the Baxter State Park Authority must be credited to the Baxter State Park Fund. This section does not prevent the deposit for safekeeping or custodial care of the securities of the several funds of the State in banks or safe deposit companies in this State or any other state, nor the deposit of state funds required by the terms of custodial contracts or agreements negotiated in accordance with the laws of this State. All custodial contracts and agreements are subject to the approval of the Governor. [PL 2005, c. 386, Pt. CC, §2 (AMD).]

The Treasurer of State may accept component unit and nonstate funds into custody and invest those funds along with excess state funds as prescribed in this section. [PL 2003, c. 20, Pt. T, §3 (NEW).]

For the purpose of this section only, tax-exempt obligations and securities are limited exclusively to tax-exempt commercial paper and tax-exempt bonds maturing in less than 2 years. [PL 1985, c. 757 (NEW).]

No sum exceeding an amount equal to 25% of the capital, surplus and undivided profits of any trust company or national bank or a sum exceeding an amount equal to 25% of the reserve fund and undivided profit account of a mutual savings bank or state or federal savings and loan associations may be on deposit therein at any one time. The restriction does not apply to deposits subject to immediate withdrawal available to meet the payment of any bonded debts or interest or to pay current bills or expenses of the State. The restriction does not apply to deposits that are secured by the pledge of certain securities as collateral, nor to deposits fully covered by insurance. Such collateral must be in an amount equal to such deposit. The Treasurer of State may require, in the discretion of the Treasurer of State, collateralization or insurance for the full amount of any deposit of public funds, whether held by an institution permitted under this section or by a vendor contracted to collect or disburse public funds. The value of the securities so pledged must be determined by the Treasurer of State on the basis of market value. The Treasurer of State shall review the value of securities pledged on January 2nd and July 2nd of each year. The collateral must consist of securities or obligations issued or fully insured or guaranteed by the United States, an agency or instrumentality thereof or a United States government sponsored corporation. The securities must be held in a depository institution approved by the Treasurer of State and pledged to indemnify the State of Maine against any loss. Notice of such hypothecation at the time of deposit must be given to the Treasurer of State by the depository institution and a copy of said notice mailed to the Office of the State Auditor. [PL 2003, c. 20, Pt. T, §3 (AMD); PL 2013, c. 16, §10 (REV).]

It is the intent of the Legislature that the Treasurer of State shall seek competitive bids whenever possible prior to the selection of investments under this section. [PL 1977, c. 197, §2 (NEW).]

The Treasurer of State may deposit an amount not to exceed $4,000,000 in each calendar year with responsible financial institutions authorized to do business in the State at a rate of return not more than 2% per year below the rate of return otherwise obtainable had the funds been invested with such financial institutions for a similar term, as determined by the treasurer, for periods not to exceed one year, provided that each such financial institution covenants with the treasurer as a condition of the deposit to loan an amount at least equal to the amount so deposited with the financial institution by the treasurer under this paragraph to agricultural enterprises located within the State for agricultural purposes. All the loans must be at interest rates that are below the interest rates the loans would have borne under existing market conditions and loan standards of the financial institution but for the deposit by the treasurer under this paragraph, and the interest rates must fully reflect the savings to the financial institution due to the reduced interest rate paid on the deposit. Notwithstanding any provisions of this section to the contrary, the treasurer is not obligated to seek competitive bids for investments or deposits pursuant to this paragraph. The Finance Authority of Maine shall provide assistance to the treasurer in implementing this paragraph. For purposes of this section, "agricultural enterprises" means a business involving cultivating soil, producing crops and raising livestock or their by-products. In adopting rules to implement this paragraph, the treasurer shall consider criteria targeting loans under the program to geographic areas of financial need and borrowers who are new entrants to agriculture, and may establish limits on deposits to any one financial institution and limits on deposits supporting loans to any one borrower. [PL 2003, c. 20, Pt. T, §3 (AMD).]

The Treasurer of State may deposit an amount not to exceed $4,000,000 in each calendar year with responsible financial institutions authorized to do business in the State at a rate of return not more than 2% per year below the rate of return otherwise obtainable had the funds been invested with such financial institutions for a similar term, as determined by the treasurer, for periods not to exceed one year, provided that each such financial institution covenants with the treasurer as a condition of the deposit to loan an amount at least equal to the amount so deposited with the financial institution by the treasurer under this paragraph to commercial enterprises approved by the treasurer pursuant to this paragraph. All the loans must be at interest rates that are below the interest rates the loans would have borne under existing market conditions and loan standards of the financial institution but for the deposit by the treasurer under this paragraph, and the interest rates must fully reflect the savings to the financial institution due to the reduced interest rate paid on the deposit. Notwithstanding any provisions of this section to the contrary, the treasurer is not obligated to seek competitive bids for investments or deposits pursuant to this paragraph. The Finance Authority of Maine shall provide assistance to the treasurer in implementing this paragraph. For purposes of this paragraph, eligible commercial enterprises are for-profit businesses with 20 or fewer employees or annual sales of less than $2,500,000, whose sales of services or products are primarily out of state or that are manufacturers, that are primarily owned and operated by Maine residents or by corporations that are primarily owned and operated by Maine residents, when the treasurer determines that not less than one job will be created or retained per $20,000 of deposited funds. The maximum loan to any borrower for which a deposit may be applied under this paragraph is $200,000, and businesses are eligible to receive subsidies pursuant to this paragraph for a maximum of an aggregate of 24 months. In adopting rules to implement this paragraph, the treasurer shall consider criteria targeting loans under the program to geographic areas of financial need, and may establish limits on deposits to any one financial institution, further limits on deposits supporting loans to any one borrower, and further restrictions on eligibility. [PL 2003, c. 20, Pt. T, §3 (AMD).]

The Treasurer of State may not invest in any prime commercial paper or corporate bonds issued by a fossil fuel company, as defined in section 1957, subsection 1, paragraph C . [PL 2021, c. 231, §1 (NEW).]
5 M.R.S. § 785 — ME Code / Title 5 / Part 2 / Chapter 65 / Section 785
5 §785. State employment services
Status: in_force

Any state agency or state-related agency engaged in employment, referral or placement service for private industry or public agencies shall fill all job orders on a nondiscriminatory basis, and shall decline any job order carrying a specification or limitation as to actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status, unless it relates to a bona fide job requirement. [PL 2021, c. 553, §6 (AMD).]
5 M.R.S. § 18351 — ME Code / Title 5 / Part 20 / Chapter 425 / Section 18351
5 §18351. Determination of one year's service credit
Status: in_force

The determination of one year's service credit shall be governed as follows. [PL 1985, c. 801, §§ 5, 7 (NEW).]

1. All service in one calendar year. The board may not allow more than one year's service credit for all the service occurring in one calendar year. [PL 1985, c. 801, §§ 5, 7 (NEW).]

2. Absence without pay. The board may not allow service credit for a period of absence without pay of more than a month's duration for a full-time position. [PL 1985, c. 801, §§ 5, 7 (NEW).]

3. Board determination. The board shall determine by appropriate rules how much service in any year qualifies for one year's service credit. Service rendered for the full normal working time in any year shall be equivalent to one year's service credit. [PL 1987, c. 256, §28 (AMD).]
5 M.R.S. § 1728-A — ME Code / Title 5 / Part 4 / Chapter 152 / Section 1728-A
5 §1728-A. Powers and duties of the State Controller
Status: in_force

1. Duties. The State Controller shall provide insurance advice and services for all forms of insurance for State Government and any department or agency of State Government except for those departments or agencies and those types of insurance otherwise provided for by law through the self-insurance fund and to other entities designated as entitled to advice and services through the state-administered fund pursuant to section 1737 . The State Controller is responsible for the acquisition and administration of all insurance purchased by the State, including the authority to purchase insurance for the State for automobile, fire, liability and any other type of coverage necessary to protect the State from financial loss. The State Controller may enter into contracts for various types of claims management services in order to ensure the most economically advantageous insurance protection in the operation of the State's insurance coverage program. In these regards, the State Controller has the following duties: A. To review annually the entire subject of insurance as it applies to all state property and activities and other persons pursuant to this section, and to provide to the Commissioner of Administrative and Financial Services a statement of its activities during the year ending the preceding June 30th. This report must include: (1) An evaluation of the state insurance program; (2) A complete statement of all types and costs of insurance in effect; (3) Names of agents and companies of record; and (4) Such other matters as the State Controller determines appropriate and necessary or as the commissioner may request; [PL 2017, c. 284, Pt. O, §3 (AMD).] B. To recommend to the Commissioner of Administrative and Financial Services such insurance protection as the State Controller considers necessary or desirable for the protection of all state property or activities or other insureds under this section; [PL 2017, c. 284, Pt. O, §3 (AMD).] C. Pursuant to programs approved by the Commissioner of Administrative and Financial Services, to provide insurance protection for property and liability in accordance with the Maine Tort Claims Act, Title 14, section 8116 , and premises liability, when required by a state lease or private property approved by the Attorney General, by self-insured retention or purchase of insurance from companies or agents licensed to do business in this State, or by both, to effect the best possible contracts as to services, coverages and costs. The purchase of insurance under this section normally must be made upon competitive bidding, except that the State Controller may, in appropriate circumstances, purchase insurance by negotiation; [PL 2017, c. 284, Pt. O, §3 (AMD).] D. To determine and review the values of property in which the State has an insurable or legal interest and recommend limits and types of insurance protection for that property; [PL 1987, c. 778, §1 (AMD).] E. To establish and promote safety and other loss prevention programs; [PL 1987, c. 778, §1 (AMD).] F. To receive and, with the assistance of the Attorney General, administer all claims for personal injury and property damage against the State; [PL 1993, c. 470, §1 (AMD).] G. With the assistance of the Attorney General, to pursue all claims against 3rd parties in all cases in which the State may be subrogated to the rights of injured employees or where damage to state property may have resulted from the negligence of a 3rd party; [PL 1993, c. 470, §1 (AMD).] H. To administer the funds established by sections 1731 and 1737 . In performing the functions authorized by this chapter, the funds, the Commissioner of Administrative and Financial Services and the State Controller are not subject to the provisions of Title 24‑A ; and [PL 2017, c. 284, Pt. O, §3 (AMD).] I. On or before December 31, 1996 and every 3 years thereafter, to submit to the Commissioner of Administrative and Financial Services a report on the availability and affordability of insurance advice and services to those entities participating in the state-administered fund pursuant to section 1737 and to make specific recommendations for the removal from the state-administered fund of those entities that do not qualify. [PL 1993, c. 470, §1 (NEW).] [PL 2017, c. 284, Pt. O, §3 (AMD).]

2. Appraisal. In case an agreement as to the amount of loss sustained to any building or property insured under this chapter can not be arrived at between the insured entity and the State Controller, the loss must be referred to appraisal as provided by Title 24‑A, section 3002 . [PL 2017, c. 284, Pt. O, §3 (AMD).]

3. Rejection of risk. In the event that the State Controller determines that a risk may be prejudicial to the State's insurance program or to the state-administered fund established by section 1737 because of an actual or expected adverse loss ratio, the State Controller may refuse to include that risk in the program until the time that the hazards of the risk have been removed or ameliorated to a satisfactory degree. When coverage is declined by the State Controller, the department, agency or entity in charge of the risk may request that the State Controller procure separate insurance from any authorized insurance company, and the premium for that separate insurance is a proper charge against the department, agency or entity responsible for the property. [PL 2017, c. 284, Pt. O, §3 (AMD).]

4. Forms and rules. The State Controller may prescribe forms of policies, proofs of loss and other forms and may adopt rules as are necessary or expedient for the proper administration of this chapter. [PL 2017, c. 284, Pt. O, §3 (AMD).]

5. Actuarial review. Once every 3 years, and more frequently if determined prudent by the Commissioner of Administrative and Financial Services, the State Controller shall arrange for a review of the reserves of the state-administered fund by a qualified actuary who is a member in good standing of the Casualty Actuarial Society. The actuary shall issue an opinion on the adequacy of reserves of the state-administered fund to cover the estimated ultimate liability of the state-administered fund. Costs for this service must be paid from the Risk Management Fund. [PL 2017, c. 284, Pt. O, §3 (AMD).]