An Act To Except from the Freedom of Access Act Certain Information in the Possession of the Maine Public Employees Retirement System
Maine Legislature, Session 128, LD 0410
Committee: Judiciary
Sponsors: HAMPER
Amends: 5 MRSA §17057

Legislative Document
No. 410
S.P. 137
In Senate, February 7, 2017
An Act To Except from the Freedom of Access Act Certain 
Information in the Possession of the Maine Public Employees 
Retirement System
Submitted by the Maine Public Employees Retirement System pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator HAMPER of Oxford.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §17057, sub-§1, as repealed and replaced by PL 1991, c. 824, 
Pt. A, §7, is amended to read: 
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 or proceedings regarding 
claims for other retirement benefits, subsection 2. 
Sec. 2.  5 MRSA §17057, sub-§2, as repealed and replaced by PL 1991, c. 824, 
Pt. A, §7, is repealed and the following enacted in its place: 
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; 
B.  Information regarding member and beneficiary election of payment methods, 
including elected deductions from those payments; 
C.  Information regarding participation in defined contribution or deferred 
compensation 
plans, 
including 
account 
numbers, 
investment 
allocations, 
contributions, distributions and balances; 
D.  Information regarding designated beneficiaries; and 
E.  Information regarding a participant's amount of insurance coverage or group life 
insurance. 
SUMMARY 
This bill excepts from the Freedom of Access Act specific private medical, personal 
and financial information of members, beneficiaries and participants in any of the 
programs of the Maine Public Employees Retirement System in the possession of the 
system.