An Act To Align the Criteria Used by the Maine Public Employees Retirement System in Determining Veterans' Disability Claims with the Criteria Used by the United States Department of Veterans Affairs
Maine Legislature, Session 128, LD 0521
Committee Amendment CA_A_H688 (House)
Amends: 5 MRSA §17924, 5 MRSA §18524

COMMITTEE AMENDMENT ,A l) to H.P. 365, L.D. 521, Bill, "An Act To Align 
the Criteria Used by the Maine Public Employees Retirement System in Determining 
Veterans' Disability Claims with the Criteria Used by the United States Department of 
Veterans Affairs" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §17924, sub-§3 is enacted to read: 
3. Qualification of a disabled veteran. Subject to the provisions in subsections 1 
and 2, if a member applying for a disability retirement benefit is receiving disability 
compensation from the United States Department of Veterans Affairs for a service-
connected disability based on a determination of individual unemployability pursuant to 
Code of Federal Regulations, Section 4.16, it is presumed that the member is disabled 
under section 17921, subsection 1. This presumption may be rebutted only by evidence 
not considered by the United States Department of Veterans Affairs in making the 
individual unemployability determination. 
Notwithstanding section 17922, this 
subsection applies to any application for a disability retirement benefit made by a 
member on or after October 1, 2018. 
Sec. 2. 5 MRSA §18524, sub-§3 is enacted to read: 
3. Qualification of a disabled veteran. Subject to the provisions in subsections 1 
and 2, if a member applying for a disability retirement benefit is receiving disability 
compensation from the United States Department of Veterans Affairs for a service-
connected disability based on a determination of individual unemployability pursuant to 
Code of Federal Regulations, Section 4.16, it is presumed that the member is disabled 
under section 18521, subsection 1. This presumption may be rebutted only by evidence 
not considered by the United States Department of Veterans Affairs in making the 
individual unemployability determination. 
Notwithstanding section 18522, this 
subsection applies to any application for a disability retirement benefit made by a 
member on or after October 1, 2018.' 
COMMITTEE AMENDMENT 
c( 
COMMITTEEAMENDMENT"H"toH.P. 365,L.D. 521 
SUMMARY 
This amendment is the majority report of the committee and replaces the bill. The 
amendment provides that a veteran who is a member of the Maine Public Employees 
Retirement System and who has been awarded disability compensation by the United 
States Department of Veterans Affairs for a service-connected disability based on a 
determination of individual unemployability is presumed to be disabled under the Maine 
Revised Statutes, Title 5, section 17921, subsection 1 and section 18521, subsection 1. 
This presumption may be rebutted only by evidence not considered by the United States 
Department of Veterans Affairs. 
The provisions of the amendment apply to any 
application for a disability retirement benefit filed on or after October 1, 2018. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/12/18 feac. 
LD 521 
LR 306(02) 
An Act To Align the Criteria Used by the Maine Public Employees Retirement System in Determining 
Veterans' Disability Claims with the Criteria Used by the United States Department ofVeterau 
Affairs 
o 
Fiscal Note for Bill as Amended by Committee Amendment'~' [Ji-68 0 
Committee: Appropriations and Financial Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - Maine Public Employees Retirement System 
Fiscal Detail and Notes 
Savings to the Maine Public Employees Retirement System (MainePERS) as a result of the change in the 
determination of disability portion of the application process for disability retirement benefits for veterans who are 
members ofMainePERS are expected to be minor. 
LR0306(02) - Fiscal Note - Paire 1 of 1