reglab/housing_qa huggingface dataset:
5 ME Rev Stat § 18521 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18521. Definitions

 §18521. Definitions As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 409, §§11, 12 (NEW).]1.  Disabled.  "Disabled" means that the member is mentally or physically incapacitated under the following conditions:   A. The incapacity is expected to be permanent;   [PL 1989, c. 409, §§11, 12 (NEW).]B. That the member is unable to perform the essential functions of the member's employment position with reasonable accommodation;   [PL 2021, c. 277, §34 (AMD).]C. After the incapacity has continued for 2 years, the incapacity must render the member unable to engage in any substantially gainful activity for which the member is qualified by training, education or experience; and   [PL 1989, c. 409, §§11, 12 (NEW).]D. The incapacity may be revealed by examinations or tests conducted in accordance with section 18526.   [PL 1989, c. 409, §§11, 12 (NEW).][PL 2021, c. 277, §34 (AMD).] 2.  Employment position.  "Employment position" means:   A. The position in which the member is employed at the time the member becomes incapacitated; or   [PL 1989, c. 409, §§11, 12 (NEW).]B. A position of comparable stature and equal or greater compensation and benefits which is made available to the member by the member's employer.   [PL 1989, c. 409, §§11, 12 (NEW).][PL 1989, c. 409, §§11, 12 (NEW).] SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 2021, c. 277, §34 (AMD).
5 ME Rev Stat § 18522 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18522. Applicability

 §18522. Applicability This article applies to all disabilities for which written applications are received by the executive director after September 30, 1989.   [PL 1989, c. 409, §§11, 12 (NEW).]SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW).
5 ME Rev Stat § 18523 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18523. Statement of health (REPEALED)

 §18523. Statement of health (REPEALED)SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 1995, c. 643, §20 (RP).
5 ME Rev Stat § 18524 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18524. Qualification for benefit

 §18524. Qualification for benefit 1.  Qualification.  Except as provided in subsection 2, a member qualifies for a disability retirement benefit if disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 15, before normal retirement age.   A.   [PL 1991, c. 887, §15 (RP).]B.   [PL 1991, c. 887, §15 (RP).][PL 1997, c. 384, §13 (AMD).] 2.  Exception.  A member with fewer than 5 years of continuous creditable service preceding that member's last date of service is not eligible for a disability retirement benefit if the disability is the result of a physical or mental condition that existed before the member's membership in a retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member's employment.   [PL 2009, c. 322, §11 (AMD).] 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 38 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.   [PL 2017, c. 384, §2 (NEW).] SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 1991, c. 434, §4 (AMD). PL 1991, c. 887, §15 (AMD). PL 1997, c. 384, §13 (AMD). PL 2007, c. 491, §246 (AMD). PL 2009, c. 322, §11 (AMD). PL 2017, c. 384, §2 (AMD).
5 ME Rev Stat § 18525 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18525. Application

 §18525. Application 1.  Written application.  In order to receive a benefit under this article, the person must apply in writing to the executive director in the format specified by the executive director.   A. [PL 2021, c. 277, §35 (RP).] B.   [PL 1997, c. 393, Pt. A, §14 (RP).][PL 2021, c. 277, §35 (AMD).] 2.  Workers' compensation.  If the incapacity upon which the application is based is a result of an injury or accident received in the line of duty, the application must include proof that the member has made application for benefits under the workers' compensation laws.   [PL 1995, c. 643, §21 (AMD).] 3.  Social security.  If the employment for which creditable service with the employer is allowed was also covered under the United States Social Security Act, the application must include proof that the member has made application for benefits under this Act.   [PL 1995, c. 643, §21 (AMD).] 4.  Approval.  The written application must be approved by the executive director upon finding that the member has met the requirements of section 18524.   [PL 1995, c. 643, §21 (AMD).] 5.  Reapplication.  A member who has had a disability retirement benefit application denied may file a new application based on the same medical conditions only if that member has had a bona fide return to service with an employer whose employees are covered by this article or chapter 423, subchapter 5, article 3‑A. If the executive director finds that the member has met the requirements of section 18524, the new application must be approved notwithstanding the earlier denial.   [PL 2015, c. 392, §2 (NEW).] SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 1995, c. 643, §§21,22 (AMD). PL 1997, c. 393, §A14 (AMD). PL 2015, c. 392, §2 (AMD). PL 2017, c. 88, §32 (AMD). PL 2021, c. 277, §35 (AMD).
5 ME Rev Stat § 18526 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18526. Examinations or tests

 §18526. Examinations or tests Any examinations or tests conducted under section 17106-B or required by the executive director under section 18521, subsection 1, paragraph D; section 18524; section 18529, subsection 2, paragraph B; or section 18533, subsection 3, paragraph A are governed as follows.   [PL 2021, c. 277, §36 (AMD).]1.  Agreed upon health care provider.  The examinations or tests must be conducted by a health care provider mutually agreed upon by the executive director and the member claiming to be disabled.   [PL 2021, c. 277, §36 (AMD).] 2.  Agreed upon place.  The examinations or tests must be conducted at the health care provider's office or facility or at a place mutually agreed upon by the executive director and the member claiming to be disabled.   [PL 2021, c. 277, §36 (AMD).] 3.  Costs.  The costs incurred under subsections 1 and 2 must be paid by the retirement system.   [PL 2021, c. 277, §36 (AMD).] SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 1995, c. 643, §23 (AMD). PL 2017, c. 88, §33 (AMD). PL 2021, c. 277, §36 (AMD).
5 ME Rev Stat § 18528 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18528. Computation of benefit

 §18528. Computation of benefit When a member qualified under section 18524 retires, after approval for disability retirement by the executive director in accordance with section 18525, the member is entitled to receive a disability retirement benefit equal to 59% of that member's average final compensation. The 59% level must be reviewed for cost-neutral comparability as a part of the actuarial investigation provided under section 17107, subsection 2, paragraph E, beginning with the investigation made January 1, 1997 and every 6 years thereafter. The review that takes place every 6 years must compare actual experience under the disability plans with actuarial assumptions regarding election and costs of benefits under the new options elected and identify possible options for compliance with the federal Older Workers Benefit Protection Act that protect benefits for employees without additional cost to the State and participating local districts.   [PL 1995, c. 643, §26 (AMD).]A member who by election remains covered, as to qualification for benefits, under section 18524 as written prior to its amendment by Public Law 1991, chapter 887, section 15, qualifies for a disability retirement benefit on meeting the requirements of section 18524, subsection 1, paragraphs C and D. When a member so qualified retires after approval for disability retirement by the executive director in accordance with this Article, the member is entitled to receive a disability retirement benefit equal to 66 2/3% of the member's average final compensation.   [PL 1997, c. 384, §14 (NEW).]SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 1991, c. 887, §16 (AMD). PL 1993, c. 595, §12 (AMD). PL 1995, c. 643, §26 (AMD). PL 1997, c. 384, §14 (AMD).
5 ME Rev Stat § 18531 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18531. Statement of compensation

 §18531. Statement of compensation 1.  Requirement.  The executive director shall require each person who is the recipient of a disability retirement benefit to submit, each calendar year, a statement of compensation received from any gainful occupation during that year.   [PL 1989, c. 409, §§11, 12 (NEW).] 2.  Failure to submit statement.  Failure to submit the statement under subsection 1 shall result in the following:   A. If the person fails to submit the statement required under subsection 1 within 30 days of receipt of the executive director's request for the statement, the disability retirement benefit shall be withheld until the statement is submitted; or   [PL 1989, c. 409, §§11, 12 (NEW).]B. If the person fails to submit the statement required under subsection 1 within one year of receipt of the executive director's request for the statement, all rights to further benefits shall cease.   (1) The executive director shall notify the person in writing of the decision to discontinue the disability retirement benefit.   (2) The decision shall be subject to appeal under section 17451.   (3) If the person appeals the executive director's decision, the disability retirement allowance shall not be discontinued until all appeals have been exhausted.   [PL 1989, c. 409, §§11, 12 (NEW).][PL 1989, c. 409, §§11, 12 (NEW).] SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW).
5 ME Rev Stat § 18532 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18532. Voluntary return to service

 §18532. Voluntary return to service 1.  Right to reinstatement.  If a person who is the recipient of a disability retirement benefit decides that the person is no longer incapacitated and is able to perform the duties of that person's employment position, the employer for whom the person last worked before becoming disabled shall reinstate the person to the first available position for which the person is qualified and which is consistent with the person's prior work experience. If a collective bargaining agreement applies to such a position, the employer may offer only a position which the person may claim by virtue of seniority accumulated at the time of the disability, unless otherwise specified in the collective bargaining agreement.   [PL 1989, c. 409, §§11, 12 (NEW).] 2.  Dispute over mental or physical capacity.  If there is a dispute between the person and the former employer over the person's mental or physical capacity to perform a specific job, at the option of the person that dispute must be resolved by a majority of 3 medical providers, one appointed and reimbursed by the person, one appointed and reimbursed by the employer and one appointed and reimbursed by the retirement system. If the 3 medical providers resolve the dispute in favor of the person, the former employer must reimburse the medical provider appointed by the person.   [PL 2017, c. 88, §34 (AMD).] 3.  Termination or reduction in benefits.  At any time before the elimination of disability retirement benefit payments under section 18530, subsection 3, the person may request that benefit payments be terminated and the executive director shall terminate benefit payments at the end of the month in which the request is received.   [PL 1989, c. 409, §§11, 12 (NEW).] 4.  Reinstatement of benefits.  If, during the first 5 years of reinstatement, the person again becomes disabled and terminates employment, the retirement system shall resume paying the disability retirement benefit payable before the reinstatement with all applicable cost-of-living adjustments, or if greater, a disability retirement benefit based upon the person's current average final compensation. The executive director may require examinations or tests to determine whether the person is disabled under section 18521.   [PL 1989, c. 409, §§11, 12 (NEW).] SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 2017, c. 88, §34 (AMD).
5 ME Rev Stat § 18533 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18533. Service retirement

 §18533. Service retirement 1.  Average final compensation.  The service retirement benefit of a person who returns to employment with that person's former employer or any other employer whose employees are covered by this article or chapter 423, subchapter V, article 3-A, after having been the recipient of a disability retirement benefit, shall be computed in its entirety using the average final compensation as defined by section 17001, subsection 4, on the date of that person's termination from service immediately before becoming the recipient of a service retirement benefit.   [PL 1989, c. 409, §§11, 12 (NEW).] 2.  Cost of benefits.  The cost of benefits based upon service credits earned before and during disability must be charged to the Retirement Allowance Fund. The cost of benefits based upon service credits earned after becoming reemployed must be charged to the account of the employer through whom the service credits were earned.   [PL 2007, c. 249, §32 (AMD).] 3.  Special plans.  The service credits earned after return to employment by a person who was employed under a special plan before becoming the recipient of a disability retirement benefit shall be credited toward completing the service requirements for retirement under that special plan. As used in this section, unless the context otherwise indicates, "special plan" means any of the retirement programs in section 17851, subsections 4 to 11 or section 18453, subsections 2 to 9.   A. The executive director may require, once each year, that the member undergo examinations or tests, conducted in accordance with section 18526, to determine that the member is still disabled to the extent that it is impossible to perform the duties of that member's former employment position.   [PL 1989, c. 409, §§11, 12 (NEW).]B. If the member refuses to submit to the examinations or tests under paragraph A, the service credits earned after that date shall be based upon the plan applicable to the position in which the member is currently employed.   [PL 1989, c. 409, §§11, 12 (NEW).]C. If it is determined on the basis of the examinations or tests under paragraph A that the member is no longer disabled to the extent that it is impossible to perform the duties of the former employment position, the member shall:   (1) Return to employment in a position covered by the same special plan or a comparable special plan that covered the former employment position; or   (2) Remain in the current employment position and have the service credits earned thereafter based upon the plan applicable to the position in which the member is currently employed.   [PL 1989, c. 409, §§11, 12 (NEW).][PL 1989, c. 409, §§11, 12 (NEW).] SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW). PL 2007, c. 249, §32 (AMD).
5 ME Rev Stat § 18534 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §18534. Optional election

 §18534. Optional election Any person entitled to receive a disability retirement benefit under article 3, as in effect immediately before October 1, 1989, or under section 1122 of the former retirement system law, as in effect immediately before July 1, 1977, may elect to be governed by this article instead of article 3 by making written application to the executive director within 6 months after adoption of this article by the participating local district. If the election is made, this article shall apply from the date of the person's original eligibility for disability retirement, but any increase in benefits may only be granted from the date of election.   [PL 1989, c. 409, §§11, 12 (NEW).]SECTION HISTORY PL 1989, c. 409, §§11,12 (NEW).
5 ME Rev Stat § 18541 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-B: MEMBER ELECTION OF DISABILITY PLAN|5 §18541. Member election of disability plan (REPEALED)

 §18541. Member election of disability plan (REPEALED)SECTION HISTORY PL 1991, c. 887, §18 (NEW). PL 1995, c. 643, §28 (RP).
5 ME Rev Stat § 18542 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 3-C: DISABILITY UNDER FORMERLY AVAILABLE DISABILITY PLANS AFTER OCTOBER 16, 1992|5 §18542. Disability under formerly available disability plans after October 16, 1992

 §18542. Disability under formerly available disability plans after October 16, 1992 In the case of a participating local district having a Participating Local District Retirement Program disability plan other than that provided by article 3 or 3-A, which plan is in force on October 15, 1992, the following provisions apply on and after October 16, 1992:   [PL 2007, c. 491, §248 (AMD).]1.  Eligibility.  A member who is an employee of the district who applies for a disability retirement benefit after the effective date of the member's election to be covered under the plan as amended to meet the requirements of the federal Older Workers Benefit Protection Act is eligible to apply regardless of the member's age at time of application;   [PL 1991, c. 887, §19 (NEW).] 2.  Ordinary disability allowance.  In the case of ordinary disability under such a plan, the disability retirement allowance must be calculated as provided under the plan except that until July 1, 1996 the amount of the retirement allowance may not exceed 59% of the member's average final compensation at the time of disability retirement; and   [PL 1993, c. 595, §13 (AMD).] 3.  Occupational disability allowance.  In the case of occupational disability under such a plan, the disability retirement allowance is, until July 1, 1996, equal to 59% of the member's average final compensation at the time of disability retirement.   [PL 1993, c. 595, §13 (AMD).] SECTION HISTORY PL 1991, c. 887, §19 (NEW). PL 1993, c. 595, §13 (AMD). PL 2007, c. 491, §248 (AMD).
5 ME Rev Stat § 18551 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 425: PARTICIPATING LOCAL DISTRICTS|Subchapter 5: BENEFITS|Article 4: ORDINARY DEATH BENEFITS|5 §18551. Definitions

 §18551. Definitions As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 801, §§ 5, 7 (NEW).]1.  Designated beneficiary.  "Designated beneficiary" means the beneficiary designated under section 18552.   [PL 1985, c. 801, §§ 5, 7 (NEW).] 2.  Qualifying member.  "Qualifying member" means a member in service or a former member who is receiving a disability retirement benefit. Beginning July 1, 1993, for purposes of section 18553, subsection 1, "qualifying member" also means a member not in service. For purposes of section 18553, subsection 5-B, "qualifying member" also means a member not in service who has qualified for a service retirement benefit.   [PL 1991, c. 469, §4 (AMD).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 469, §4 (AMD).