An Act To Provide an Alternative Method of Payment under the Maine State Retirement System
Maine Legislature, Session 121, LD 0990
Committee: Labor
Sponsors: MITCHELL, DAVIS, BLAIS, EDMONDS, WESTON, ANDREWS, FINCH, FISCHER, GAGNE-FRIEL, MURPHY
Amends: 5 MRSA §17804, 5 MRSA §18404

Legislative Document 
No. 990 
S.P.331 
In Senate, February 25,2003 
An Act To Provide an Alternative Method of Payment under the 
Maine State Retirement System 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator MITCHELL of Penobscot. 
Cosponsored by Representative DAVIS of Falmouth and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BLAIS of Kennebec, EDMONDS of Cumberland, WESTON of Waldo, 
Representatives: ANDREWS of York, FINCH of Fairfield, FISCHER of Presque Isle, 
GAGNE-FRIEL of Buckfield, MURPHY of Kennebunk. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §17804, sub-§5-G is enacted to read: 
5-G. 
Death 
of 
beneficiary. 
Notwithstanding 
any 
other 
provision of this Part, if a qualifying member has elected an 
option under subsection 3 or 4 and the beneficiary named pursuant 
to that option predeceases the qualifying member, the qualifying 
member must receive the amount of service retirement benefits the 
qualifying member would have received had the qualifying member 
elected the option under 
subsection 1. 
The 
revised service 
retirement benefits received by a qualifying member under this 
subsection begin the first day of the first month following the 
receipt 
by 
the 
retirement 
system of 
proof of 
death of 
the 
beneficiary. 
Sec. 2. 5 MRSA §18404, sub-§5-G is enacted to read: 
5-G. 
Death 
of 
beneficiary. 
Notwithstanding 
any 
other 
provision of this Part, if a qualifying member has elected an 
option under subsection 3 or 4 and the beneficiary named pursuant 
to that option predeceases the qualifying member, the qualifying 
member must receive the amount of service retirement benefits the 
qualifying member would have received had the qualifying member 
elected the option under 
subsection 1. 
The 
revised service 
retirement benefits received by a qualifying member under this 
subsection begin the first day of the first month following the 
receipt 
by 
the 
retirement 
system 
of 
proof of 
death of 
the 
beneficiary. 
Sec. 3. Application. 
This Act applies to a current or future 
qualifying member of the Maine State Retirement System who may 
choose or 
who 
has 
chosen 
an option under 
the Maine 
Revised 
Statutes, Title 5, section 17804, subsection 3 or 4 or Title 5, 
section 18404, subsection 3 or 4, including a qualifying member 
whose beneficiary named under the chosen option has predeceased 
the qualifying member prior to the effective date of this Act. 
SUMMARY 
This bill allows 
a qualifying member of the Maine State 
Retirement 
System 
who 
elects to 
receive 
reduced benefits 
in 
exchange 
for 
a 
beneficiary to continuing to receive benefits 
after the member dies, to revert to receiving full benefits if 
the named beneficiary predeceases the member. 
This bill applies 
to current and future members who have or may elect to receive 
reduced benefits, 
including 
current 
members 
who 
have 
chosen 
reduced benefits and whose beneficiaries have died before the 
effective date of this legislation. 
Page l-LR1444(1)