An Act Concerning Disability Retirement Benefits under the Maine State Retirement System
Maine Legislature, Session 121, LD 1814
Committee: Labor
Sponsors: DUDLEY, MA YO, DUPLESSIE, PARADIS, HATCH
Amends: 5 MRSA §17907, 5 MRSA §17929, 5 MRSA §18507, 5 MRSA §18529

Legislative Document 
No. 1814 
H.P.1336 
House of Representatives, December 22,2003 
An Act Concerning Disability Retirement Benefits under the Maine 
State Retirement System 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17,2003. Referred to the Committee on 
Labor pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative DUDLEY of Portland. 
Cosponsored by Senator MA YO of Sagadahoc and 
'17/~ 
1?7.1J?ti£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUPLESSIE of Westbrook, HATCH of Skowhegan, PARADIS of 
Frenchville, Senator: HATCH of Somerset. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §17907, sub-§2, ,B, as amended by PL 1987, c. 
256, §17, is further amended to read: 
B. 
After the disability has continued for 
years, 
the 
disability 
of 
the 
beneficiary 
must 
render 
Rim 
the 
beneficiary unable to engage in any substantially gainful 
activity for which the beneficiary is qualified by training, 
education or experience. 
For purposes of this paragraph, 
the ability to engage in substantially gainful acti vi ty is 
demonstrated by the performance of work resulting in annual 
earnings 
that 
exceed 
$20,000 
or 
80% 
of 
the 
disability 
retirement 
benefit 
of 
the 
recipient's 
average 
final 
compensation at retirement, whichever is greater, adjusted 
by the same percentage adjustments granted under section 
17806. 
(1) 
The 
executive director may 
require, 
once 
each 
year, a recipient of a disability retirement benefit to 
undergo medical 
examinations or tests, 
conducted in 
accordance 
with 
section 
17903, 
to 
determine 
the 
disability of the beneficiary. 
(2) 
If 
the beneficiary 
refuses 
to 
submit 
to 
the 
examination or tests under subparagraph (1), Ris the 
beneficiary's disability retirement benefit sRall-Be is 
discontinued until Re 
the beneficiary withdraws 
the 
refusal. 
(3) 
If the beneficiary's refusal under subparagraph 
(2) continues for one year, all Ris the beneficiary's 
rights to any further benefits under this article sRall 
cease. 
(4) 
If 
it 
is 
determined, 
on 
the 
basis 
of 
the 
examination or tests under subparagraph (1), that the 
disability of 
a 
beneficiary 
no 
longer exists, 
the 
payment of Ris the beneficiary's disability retirement 
benefit sRall-eease ceases; 
Sec. 2. 5 MRSA §17929, sub-§2,,s, as amended by PL 1995, c. 
643, §15, is further amended to read: 
B. 
The executive director may require, once each year, that 
the 
person 
undergo 
examinations 
or 
tests, 
conducted 
in 
accordance with section 17926, 
to determine the person's 
disability. 
The executive director may refer the records 
documenting the results of the examinations or tests and the 
person's file to the medical board for medical consultation 
regarding rehabilitation in accordance with section 17106, 
subsection 3, paragraph E. 
(1) 
After the disability has continued for 
years, 
the disability must render the person unable to engage 
in 
any 
substantially 
gainful 
activity 
that 
is 
consistent with the person's training, 
education or 
experience and average final compensation adjusted by 
the 
same percentage adjustment as has been received 
under section 17806. 
The disability retirement benefit 
continues if the person can effectively demonstrate to 
the executive director that the person is actively 
seeking work. 
For the purposes of this subparagraph, 
the ability to engage in substantially gainful activity 
is demonstrated by the performance of work resulting in 
annual 
earnings that exceed $20,000 or 
80% 
of 
the 
disability 
retirement 
benefit 
of 
the 
recipient's 
average final compensation at retirement, whichever is 
greater, adjusted by the same percentage adjustments 
granted under section 17806. 
(2) 
If 
the 
person 
refuses 
to 
submit 
to 
the 
examinations 
or 
tests 
under 
this 
paragraph, 
the 
disability retirement benefit is 
discontinued until 
that person withdraws the refusal. 
(3) 
If the person's refusal under 
continues 
for 
one year, 
all rights 
benefits under this article cease. 
subparagraph 
(2) 
to 
any 
further 
(4) 
If it is 
determined, 
on 
the 
basis 
of 
the 
examinations or tests under this paragraph, that the 
disability of a person no longer exists, the payment of 
the disability retirement benefit ceases. 
(5) 
The executive director shall notify the person in 
writing of the decision to discontinue the disability 
retirement allowance under subparagraph (2) or (4). 
(a) 
The 
decision is 
subject 
to 
appeal 
under 
section 17451. 
(b) 
If 
the 
person 
appeals 
the 
director's 
decision, 
the 
disability 
allowance 
may 
not 
be 
discontinued 
appeals have been exhausted. 
executive 
retirement 
until 
all 
Sec. 3. 5 MRSA §18507, sub-§2, ~B, as enacted by PL 1985, c. 
801, §§5 and 7, is amended to read: 
643, 
B. 
After the disability has continued for 
years, 
the 
disability 
of 
the 
beneficiary 
must 
render 
bim 
the 
beneficiary unable to engage in any substantially gainful 
activity for which the beneficiary is qualified by training, 
education or experience. 
For purposes of this paragraph, 
the ability to engage in substantially gainful activity is 
demonstrated by the performance of work resulting in annual 
earnings 
that 
exceed 
$20,000 
or 
80% 
of 
the 
disability 
retirement 
benefit 
of 
the 
recipient's 
average 
final 
compensation at retirement, whichever is greater, adjusted 
by the 
same percentage adjustments granted under section 
18407. 
(1) 
The 
executive director may 
require, 
once 
each 
year, a recipient of a disability retirement benefit to 
undergo medical 
examinations or tests, 
conducted in 
accordance 
with 
section 
18503, 
to 
determine 
the 
disability of the beneficiary. 
(2) 
If 
the 
beneficiary refuses 
to 
submit 
to 
the 
examination or tests under subparagraph (1), bis the 
beneficiary's disability retirement benefit sball-be is 
discontinued until be 
the beneficiary withdraws 
the 
refusal. 
(3) 
If the beneficiary's refusal under subparagraph 
(2) continues for one year, all bis the beneficiary's 
rights to any further benefits under this article sba±± 
cease. 
(4) 
If 
it 
is 
determined, 
on 
the 
basis 
of 
the 
examination or tests under subparagraph (1), that the 
disability 
of 
a 
beneficiary 
no 
longer 
exists, 
the 
payment of bis the beneficiary's disability retirement 
benefit saa±±-eeaser-aB6 ceases. 
Sec. 4. 5 MRSA §18529. sub-§2, 1I'B, as amended by PL 1995, c. 
§27, is further amended to read: 
B. 
The executive director may require, once each year, that 
the 
person 
undergo 
examinations 
or 
tests, 
conducted 
in 
accordance with section 18526, 
to determine the person's 
disability. 
The executive director may refer the records 
documenting the results of the examinations or tests and the 
person's file to the medical board for medical consultation 
regarding rehabilitation in accordance with section 17106, 
subsection 3, paragraph E. 
( 1) 
the 
in 
After the disabil i ty has continued for 
disability must render the person unable 
any 
substantially 
gainful 
activity 
years, 
to engage 
that 
is 
consistent with the person's training, 
education or 
experience and average final compensation adjusted by 
the 
same percentage adjustment as has been received 
under section 18407. 
The disability retirement benefit 
continues if the person can effectively demonstrate to 
the executive director that the person is actively 
seeking work. 
For purposes of this subparagraph, the 
ability to engage in substantially gainful activity is 
demonstrated by the performance of work resulting in 
annual 
earnings that exceed $20,000 
or 
80% 
of 
the 
disability 
retirement 
benefit 
of 
the 
recipient's 
average final compensation at retirement, whichever is 
greater, adjusted by the 
same percentage adjustments 
granted under section 18407. 
(2) 
If 
the 
person 
refuses 
to 
submit 
to 
examinations 
or 
tests 
under 
this 
paragraph, 
disability 
retirement benefit is 
discontinued 
that person withdraws the refusal. 
the 
the 
until 
(3) 
If the person's refusal under 
subparagraph 
(2) 
continues 
for 
one 
year, 
all rights 
to 
any 
further 
benefits under this article cease. 
(4) 
If it is 
determined, 
on 
the 
basis 
of 
the 
examinations or tests under this paragraph, that the 
disability of a person no longer exists, the payment of 
the disability retirement benefit ceases. 
(5) 
The executive director shall notify the person in 
writing of the decision to discontinue the disability 
retirement allowance under subparagraph (2) or (4). 
(a) 
The 
decision 
1S 
subject 
to 
appeal 
under 
section 17451. 
(b) 
If 
the 
person 
appeals 
the 
director's 
decision, 
the 
disability 
allowance 
may 
not 
be 
discontinued 
appeals have been exhausted. 
executive 
retirement 
until 
all 
Sec. 5. 
Retroactivity. 
This 
Act 
applies 
retroactively 
to 
January 1, 2000. 
This bill amends 
benefits 
under 
the 
substantially gainful 
SUMMARY 
the laws 
Maine 
activity 
regarding disability retirement 
Revised 
Statutes 
to 
clarify 
as 
being 
demonstrated 
by 
the 
performance of work resulting in annual earnings that exceed 
$20,000 
or 
0t> 
of 
the disability retirement benefit of 
the 
recipient's average final compensation at retirement, whichever 
is greater.