reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17921. Definitions

§17921. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 409, §§8, 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, §§8, 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, §21 (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, §§8, 12 (NEW).]
D. The incapacity may be revealed by examinations or tests conducted in accordance with section 17926.   [PL 1989, c. 409, §§8, 12 (NEW).]
[PL 2021, c. 277, §21 (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, §§8, 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, §§8, 12 (NEW).]
[PL 1989, c. 409, §§8, 12 (NEW).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 2021, c. 277, §21 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17922. Applicability

§17922. Applicability
This article applies to all disabilities for which written applications are received by the chief executive officer after September 30, 1989.   [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17923. Statement of health (REPEALED)

§17923. Statement of health
(REPEALED)
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 1995, c. 643, §8 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17924. Qualification for benefit

§17924. 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 7, before normal retirement age.
A.   [PL 1991, c. 887, §7 (RP).]
B.   [PL 1991, c. 887, §7 (RP).]
[PL 1997, c. 384, §7 (AMD).]
2.  Exception.
A member with fewer than 5 years of continuous creditable service preceding that member's last date in 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, §8 (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 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.
[PL 2017, c. 384, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 1991, c. 434, §2 (AMD). PL 1991, c. 887, §7 (AMD). PL 1997, c. 384, §7 (AMD). PL 2007, c. 491, §177 (AMD). PL 2009, c. 322, §8 (AMD). PL 2017, c. 384, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17925. Application

§17925. Application
1.  Written application.
In order to receive a benefit under this article, a person must apply in writing to the chief executive officer in the format specified by the chief executive officer.
A. [PL 2021, c. 277, §22 (RP).]
B. [PL 1995, c. 643, §10 (RP).]
[PL 2021, c. 277, §22 (AMD); PL 2021, c. 548, §45 (REV).]
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 2015, c. 392, §1 (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 2015, c. 392, §1 (AMD).]
4.  Approval.
The written application must be approved by the chief executive officer upon finding that the member has met the requirements of section 17924.
[PL 2015, c. 392, §1 (AMD); PL 2021, c. 548, §4 (REV).]
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 425, subchapter 5, article 3‑A. If the chief executive officer finds that the member has met the requirements of section 17924, the new application must be approved notwithstanding the earlier denial.
[PL 2015, c. 392, §1 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 1995, c. 643, §§9,10 (AMD). PL 2015, c. 392, §1 (AMD). PL 2017, c. 88, §25 (AMD). PL 2021, c. 277, §22 (AMD). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17926. Examinations or tests

§17926. Examinations or tests
Any examinations or tests conducted under section 17106‑B or required by the chief executive officer under section 17921, subsection 1, paragraph D; section 17924; section 17929, subsection 2, paragraph B; or section 17933, subsection 3, paragraph A are governed as follows.   [PL 2021, c. 277, §23 (AMD); PL 2021, c. 548, §45 (REV).]
1.  Agreed upon health care provider.
The examinations or tests must be conducted by a health care provider mutually agreed upon by the chief executive officer and the member claiming to be disabled.
[PL 2021, c. 277, §23 (AMD); PL 2021, c. 548, §45 (REV).]
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 chief executive officer and the member claiming to be disabled.
[PL 2021, c. 277, §23 (AMD); PL 2021, c. 548, §45 (REV).]
3.  Costs.
The costs incurred under subsections 1 and 2 must be paid by the retirement system.
[PL 2021, c. 277, §23 (AMD).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 1995, c. 643, §11 (AMD). PL 2017, c. 88, §26 (AMD). PL 2021, c. 277, §23 (AMD). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17928. Computation of benefit

§17928. Computation of benefit
Until July 1, 1996, when a member qualified under section 17924 retires, after approval for disability retirement by the chief executive officer in accordance with section 17925, 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 1997, c. 384, §8 (AMD); PL 2021, c. 548, §45 (REV).]
A member who by election remains covered, as to qualification for benefits, under section 17924 as written prior to its amendment by Public Law 1991, chapter 887, section 7, qualifies for a disability retirement benefit on meeting the requirements of section 17924, subsection 1. When a member so qualified retires after approval for disability retirement by the chief executive officer 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 2023, c. 405, Pt. A, §15 (AMD).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 1991, c. 887, §8 (AMD). PL 1993, c. 595, §8 (AMD). PL 1995, c. 643, §14 (AMD). PL 1997, c. 384, §8 (AMD). PL 2021, c. 548, §45 (REV). PL 2023, c. 405, Pt. A, §15 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17931. Statement of compensation

§17931. Statement of compensation
1.  Requirement.
The chief executive officer 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, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
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 chief executive officer's request for the statement, the disability retirement benefit shall be withheld until the statement is submitted; or   [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
B. If the person fails to submit the statement required under subsection 1 within one year of receipt of the chief executive officer's request for the statement, all rights to further benefits shall cease.
(1) The chief executive officer 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 chief executive officer's decision, the disability retirement allowance shall not be discontinued until all appeals have been exhausted.   [PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
[PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17932. Voluntary return to service

§17932. 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, §§8, 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 health care 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 health care providers resolve the dispute in favor of the person, the former employer must reimburse the health care provider appointed by the person.
[PL 2021, c. 277, §28 (AMD).]
3.  Termination or reduction in benefits.
At any time before the elimination of disability retirement benefit payments under section 17930, subsection 3, the person may request that benefit payments be terminated and the chief executive officer shall terminate benefit payments at the end of the month in which the request is received.
[PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
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 chief executive officer may require examinations or tests to determine whether the person is disabled under section 17921.
[PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 2017, c. 88, §27 (AMD). PL 2021, c. 277, §28 (AMD). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17933. Service retirement

§17933. 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 425, 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, §§8, 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, §27 (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 chief executive officer may require, once each year, that the member undergo examinations or tests, conducted in accordance with section 17926, 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, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
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, §§8, 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, §§8, 12 (NEW).]
[PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 2007, c. 249, §27 (AMD). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989 › 5 §17934. Optional election

§17934. Optional election
Any person entitled to receive a disability retirement benefit under article 3, as in effect immediately before October 1, 1989, may elect to be governed by this article instead of article 3 by making written application to the chief executive officer within 6 months of October 1, 1989.   [RR 1997, c. 2, §22 (COR); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). RR 1997, c. 2, §22 (COR). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 3-B: MEMBER ELECTION OF DISABILITY PLAN › 5 §17941. Member election of disability plan (REPEALED)

§17941. Member election of disability plan
(REPEALED)
SECTION HISTORY
PL 1991, c. 887, §10 (NEW). PL 1995, c. 643, §16 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 4: ORDINARY DEATH BENEFITS › 5 §17951. Definitions

§17951. 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 17952.
[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 17953, subsection 1, "qualifying member" also means a member not in service. For purposes of section 17953, subsection 5‑B, "qualifying member" also means a member not in service who has qualified for a service retirement benefit.
[PL 1991, c. 469, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 469, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 4: ORDINARY DEATH BENEFITS › 5 §17952. Designated beneficiary

§17952. Designated beneficiary
A qualifying member may designate a beneficiary to receive benefits upon the qualifying member's death by filing a written designation of beneficiary with the chief executive officer. The last designation of any beneficiary revokes all previous designations. In order to be in effect, the written designation must be received by the retirement system office or be postmarked before the qualifying member's death.   [PL 2011, c. 449, §9 (AMD); PL 2021, c. 548, §45 (REV).]
1.  Designation of more than one beneficiary.
A member may designate more than one person as a beneficiary subject to the following limitations.
A. If more than one person is designated as a beneficiary and:
(1) If one of the persons designated is eligible to receive benefits under section 17953, subsection 3 and the other persons designated are eligible to receive benefits under section 17953, subsection 4, there is no limit to the number of persons eligible to receive benefits under section 17953, subsection 4 who may be designated;
(2) If all of the persons designated are eligible to receive benefits under section 17953, subsection 4, there is no limit to the number of persons who may be designated; or
(3) If all of the persons designated are eligible to receive benefits under section 17953, subsection 5, no more than 2 persons may be designated.   [PL 1989, c. 658, §1 (NEW).]
B. If the person designated as a beneficiary is the member's spouse, that designation includes all of the member's dependent children so long as the person designated meets the definition of spouse in section 17001, subsection 39.   [PL 1989, c. 658, §1 (NEW).]
[PL 1989, c. 658, §1 (NEW).]
2.  Limitations.
If a member designates as beneficiaries 2 or more persons, all must meet the requirements of one, and only one, of the subparagraphs of subsection 1, paragraph A, otherwise their eligibility to receive a benefit under this article shall be limited to section 17953, subsection 1 or section 17954.
[PL 1989, c. 658, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1989, c. 658, §1 (AMD). PL 2011, c. 449, §9 (AMD). PL 2021, c. 548, §45 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 4: ORDINARY DEATH BENEFITS › 5 §17954. Death after eligibility for retirement (REPEALED)

§17954. Death after eligibility for retirement
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 469, §3 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 4: ORDINARY DEATH BENEFITS › 5 §17955. Transfer of funds (REPEALED)

§17955. Transfer of funds
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 256, §19 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18001. Definitions

§18001. Definitions
As used in this article, unless the context otherwise indicates, "qualifying member" means a member who dies as a result of an injury arising out of and in the course of employment as an employee, or a former member receiving a disability retirement benefit who dies as a result of an injury arising out of and in the course of employment as an employee.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18002. Qualification for benefit

§18002. Qualification for benefit
The beneficiary of a qualifying member shall receive a benefit in accordance with section 18003.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18003. Computation of benefit

§18003. Computation of benefit
1.  Surviving spouse; no dependent children.
If the qualifying member is survived by a spouse and no dependent child, the surviving spouse shall be paid 2/3 of the average final compensation of the qualifying member.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Surviving spouse having care of dependent children.
If the qualifying member is survived by a spouse who has the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall be paid an annual sum equal to the average final compensation of the qualifying member.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
3.  Surviving spouse not having care of dependent children.
If the qualifying member is survived by a spouse who does not have the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall share with the dependent child or dependent children an annual sum equal to the average final compensation of the qualifying member, the benefit to be divided equally among the surviving spouse and the dependent child or dependent children.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
4.  No surviving spouse.
If no spouse survives the qualifying member, the dependent child or dependent children shall be paid an annual sum equal to the average final compensation of the qualifying member.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18004. Method of payment

§18004. Method of payment
All benefits paid under this article shall be paid in equal monthly installments beginning the first month after the death of the qualifying member.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18005. Adjustment of benefits

§18005. Adjustment of benefits
1.  Beneficiaries becoming ineligible.
When a person sharing benefits under section 18003 ceases to be eligible to receive benefits, the subsequent benefits of the remaining beneficiaries shall be recalculated as if the remaining beneficiaries had been the only beneficiaries to survive the qualifying member.
[PL 1985, c. 801, §§5, 7 (NEW).]
2.  Workers' compensation or similar law.
The amount payable under this article must be reduced by any amount received by the surviving spouse and dependent child or dependent children under former Title 39, the Workers' Compensation Act or Title 39‑A, Part 1, the Maine Workers' Compensation Act of 1992, or a similar law. For purposes of this article, a death benefit paid to a law enforcement officer, firefighter or emergency medical services person under Title 25, chapter 195‑A is not considered a benefit paid under a "similar law" and may not be used to reduce the amount payable under this article.
A. Lump-sum settlements of benefits that would reduce the accidental death benefits under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board.   [PL 1991, c. 885, Pt. E, §12 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
B. The prorated lump-sum settlement amounts must reduce the accidental death benefits payable monthly under this article.   [PL 1991, c. 885, Pt. E, §12 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
[PL 2001, c. 439, Pt. CCCCC, §2 (AMD).]
3.  Cost-of-living adjustments.
Benefits under this article are subject to adjustment as provided in section 17806.
[PL 1993, c. 595, §9 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 885, §E12 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1993, c. 595, §9 (AMD). PL 2001, c. 439, §CCCCC2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18006. Termination of benefits

§18006. Termination of benefits
The benefits under this article shall be paid to:   [PL 1985, c. 801, §§ 5, 7 (NEW).]
1.  Surviving spouse.
The surviving spouse until he dies; and
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Dependent children.
The dependent child or dependent children until they die or until they no longer meet the definition of "dependent child" under section 17001, subsection 12.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18007. Benefits in lieu of article 4 (REPEALED)

§18007. Benefits in lieu of article 4
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 256, §20 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18051. Authorization

§18051. Authorization
The board, and only the board, may purchase for the retirement system, from one or more life insurance companies, a policy or policies of life insurance, as defined by Title 24-A, section 702.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
1.  Procedure.
Proposals for the purchase of insurance may be solicited from one or more insurance companies on a competitive basis or an existing policy or policies may be renegotiated.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Licensed company.
Any policy or policies purchased shall be purchased from a company or companies licensed under the laws of this State.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18052. Nature of policy

§18052. Nature of policy
1.  Limitation.
All provisions of a policy or policies purchased under section 18051 shall be subject to the limitations of Title 24‑A, sections 2601 to 2628.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  No reduction of benefits.
No provisions of a policy or policies purchased under section 18051 may reduce the benefits granted under this subchapter.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18053. Rules

§18053. Rules
The board may promulgate and publish, in accordance with chapter 375, subchapter II, whatever rules are necessary and proper to give effect to the intent, purposes and provisions of this subchapter.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18053-A. Funds

§18053-A. Funds
All assets in the group life insurance program may be combined for investment purposes. The assets attributable to employers of state employees, teachers, Legislators and judges who are participants in the group life insurance program may not be combined with the assets attributable to other group life insurance participants for benefit purposes. Premiums for retiree group life insurance coverage under section 18061, subsection 2, and interest and dividends attributable to those premiums, may not be used to provide benefits for participants who are not retirees.   [PL 2017, c. 88, §28 (NEW).]
SECTION HISTORY
PL 2017, c. 88, §28 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18054. Administration

§18054. Administration
1.  Expenses.
All expenses of a group life insurance program shall be reimbursed from premium rate adjustments, dividends or interest earnings on reserves.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Report.
A report of the activities of the group life insurance program shall be published annually.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18055. Participation

§18055. Participation
1.  Availability.
Except as provided in subsection 2 or 4, insurance purchased under section 18051 must be made available to the following persons:
A. Elective and appointive officers and employees of the State eligible for membership in the State Employee and Teacher Retirement Program or the Legislative Retirement Program;   [PL 2007, c. 491, §179 (AMD).]
B. Teachers eligible for membership in the State Employee and Teacher Retirement Program;   [PL 2007, c. 491, §180 (AMD).]
C. Justices of the Supreme Judicial Court and the Superior Court and Judges of the District Court and the Administrative Court; and   [PL 2001, c. 12, §4 (AMD).]
D. Workers' compensation commissioners.   [PL 1985, c. 801, §§5, 7 (NEW).]
[PL 2007, c. 491, §§179, 180 (AMD).]
2.  Exception.
The board may, by rule, provide standards for inclusion or exclusion of employees on the basis of nature and type of employment or conditions. No employee or group of employees may be excluded solely on the basis of the hazardous nature of employment.
[PL 1985, c. 801, §§5, 7 (NEW).]
3.  Employment with 2 employers.
Except as provided in section 18056, subsection 3, paragraph D and section 18656, subsection 3, paragraph D, a participant to whom coverage is available under subsection 1 or section 18655, subsection 1 may participate through employment with 2 or more employers.
[PL 2003, c. 485, §2 (NEW).]
4.  Retirees who return to service.
A retiree who is insured pursuant to section 18061, subsection 2 or 18661, subsection 2 and who returns to employment in a position in which the person would be eligible for coverage under subsection 1 is eligible for coverage under subsection 1 only if that person pays the cost of the coverage. This limitation applies regardless of whether similarly employed persons who are not retirees would be required to pay the cost. The board shall establish a method by which such persons may pay the costs of insurance coverage elected under this subsection, which may include basic and supplemental insurance.
[PL 2003, c. 485, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 42 (AMD). RR 1999, c. 2, §4 (COR). RR 1999, c. 2, §5 (AFF). PL 2001, c. 12, §4 (AMD). PL 2003, c. 485, §§1,2 (AMD). PL 2007, c. 491, §§179, 180 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18057. Payments on death

§18057. Payments on death
Any amount of group life insurance and group accidental death insurance in force on any employee at the date of the employee's death must be paid, upon the establishment of a valid claim, in the following order of precedence.   [PL 2009, c. 515, §1 (AMD); PL 2009, c. 515, §3 (AFF).]
1.  Designated beneficiary.
First, to the beneficiary or beneficiaries whom the employee designated in writing, if the written designation was received in the retirement system office or postmarked before the employee's death.
[PL 1991, c. 480, §5 (AMD).]
2.  Widow or widower.
Second, if no beneficiary qualifies under subsection 1, to the widow or widower of the employee.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2-A.  Executor or personal representative.
Third, if no one qualifies under subsection 1 or 2, to the employee's duly appointed executor or personal representative for distribution according to the provisions of a lawfully executed will. This subsection is applicable only if the retirement system is notified of the appointment of the executor or personal representative within 6 months of the date of death of the employee.
[PL 2009, c. 515, §1 (NEW); PL 2009, c. 515, §3 (AFF).]
3.  Children.
Fourth, if no one qualifies under subsection 1, 2 or 2‑A, to the child or children of the employee and descendants of deceased children by representation.
[PL 2009, c. 515, §1 (AMD); PL 2009, c. 515, §3 (AFF).]
4.  Parents.
Fifth, if no one qualifies under subsection 1, 2, 2‑A or 3, to the surviving parent or parents of the employee.
[PL 2009, c. 515, §1 (AMD); PL 2009, c. 515, §3 (AFF).]
5.  Executor or conservator.
[PL 2009, c. 515, §1 (RP); PL 2009, c. 515, §3 (AFF).]
6.  Next of kin.
Sixth, if no one qualifies under subsection 1, 2, 2‑A, 3 or 4, to other next of kin of the employee entitled under the laws of domicile of that employee at the time of the employee's death.
[PL 2009, c. 515, §1 (AMD); PL 2009, c. 515, §3 (AFF).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 480, §5 (AMD). PL 2009, c. 515, §1 (AMD). PL 2009, c. 515, §3 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18059. Payment of premiums

§18059. Payment of premiums
Payment of premiums for group life insurance shall be on the basis determined by the board to be actuarially sufficient to pay anticipated claims.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18060. Review of insurance program (REPEALED)

§18060. Review of insurance program
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2017, c. 88, §29 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 7: LONG-TERM DISABILITY INSURANCE › 5 §18101. Long-term disability insurance coverage authorized

§18101. Long-term disability insurance coverage authorized
The board may offer long-term disability insurance coverage to members through their employer and may contract with one or more insurance companies to provide this coverage.   [PL 2017, c. 378, §1 (NEW).]
1.  Premiums.
All premiums and any other amounts due to an insurance company or other 3rd party in connection with coverage under this subchapter must be borne by the covered person, the covered person's employer or both the covered person and the covered person's employer.
[PL 2017, c. 378, §1 (NEW).]
2.  Rules.
The board may adopt rules to implement this subchapter. Rules adopted pursuant to this subsection are routine technical rules pursuant to chapter 375, subchapter 2‑A.
[PL 2017, c. 378, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 378, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 5 §18200. Name, establishment and purpose

§18200. Name, establishment and purpose
There is established the Participating Local District Retirement Program as a governmental qualified defined benefit plan pursuant to Sections 401(a) and 414(d) of the Internal Revenue Code and such other provisions of the Internal Revenue Code and United States Treasury regulations and other guidance as are applicable, which has the powers and privileges of a corporation.   [PL 2009, c. 474, §26 (AMD).]
The purpose of the Participating Local District Retirement Program is to provide retirement allowances and other benefits under this chapter for employees of participating local districts.   [PL 2007, c. 491, §181 (NEW).]
SECTION HISTORY
PL 2007, c. 491, §181 (NEW). PL 2009, c. 474, §26 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 5 §18202. Adoption of amendments to laws

§18202. Adoption of amendments to laws
1.  Adoption optional.
A participating local district may adopt any or all of the amendments to this Part by filing with the board a duly certified copy of the vote of the body which would be entitled to approve participation under section 18201, setting forth the amendments to this Part which are to be adopted by that district.
A. A participating local district may elect to retain any or all of the provisions of the retirement law that the district adopted at the time of the original contract and including any changes adopted or selected by the district after that time.   [PL 1985, c. 801, §§5, 7 (NEW).]
B. The participating local district may request a valuation to determine the cost of any amendments. The cost of the valuation shall be assessed to and paid by the participating local district.   [PL 1985, c. 801, §§5, 7 (NEW).]
[PL 1985, c. 801, §§5, 7 (NEW).]
2.  Effectiveness of amendments.
Any amendments to this Part enacted by the Legislature, which could grant benefits to employees of participating local districts, shall be effective only if the district elects to adopt the benefits and agrees to pay into the retirement system required costs as developed by the actuary.
[PL 1985, c. 801, §§5, 7 (NEW).]
3.  Application.
Notwithstanding the provisions of subsections 1 and 2, the amendments made to the Participating Local District Retirement Program disability plans to meet the requirements of the federal Older Workers Benefit Protection Act apply to each participating local district without adoption by the district.
[PL 2007, c. 491, §183 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 887, §11 (AMD). PL 2007, c. 491, §183 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 5 §18203. Withdrawal of district from participation

§18203. Withdrawal of district from participation
A participating local district may withdraw from further participation in the Participating Local District Retirement Program under the terms and conditions of this section.   [PL 2007, c. 491, §184 (AMD).]
1.  Procedure.
Withdrawal from participation is accomplished by filing with the board a duly certified copy of the vote of the body which would be entitled to approve participation under section 18201.
[PL 1985, c. 801, §§5, 7 (NEW).]
2.  Effective date.
The withdrawal shall become effective on the last day of the month following the month in which the certified notice is received by the board.
[PL 1985, c. 801, §§5, 7 (NEW).]
3.  Amendments.
A participating local district that has withdrawn from participation in the Participating Local District Retirement Program may adopt any provision of this Part and amend its plan to reflect adoption of that provision, whether the provision took effect before or after the effective date of the district's withdrawal. A participating local district withdrawing under this section may not amend its retirement plan except in accordance with this subsection, and any such amendment is effective only with respect to employees of the district who remained in the Participating Local District Retirement Program at the time of the district's withdrawal.
[PL 2007, c. 491, §185 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 256, §22 (AMD). PL 2003, c. 273, §1 (AMD). PL 2007, c. 491, §§184, 185 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 5 §18203-A. Resumption of participation after withdrawal

§18203-A. Resumption of participation after withdrawal
The board may establish by rule the conditions under which a local district that has withdrawn from participation in the Participating Local District Retirement Program may again contract for participation of its employees in that program under this chapter or under chapter 427.   [PL 2007, c. 491, §186 (AMD).]
SECTION HISTORY
PL 1991, c. 580, §11 (NEW). PL 2007, c. 491, §186 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 1: GENERAL PROVISIONS › 5 §18204. Chief fiscal officer

§18204. Chief fiscal officer
The chief fiscal officer of a participating local district shall, in order to assist in the administration of the Participating Local District Retirement Program:   [PL 2007, c. 491, §187 (AMD).]
1.  Information.
Submit to the board whatever information about the employees of the participating local district the board prescribes; and
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Duties.
Cause to be performed whatever duties, with respect to the employees of the participating local district, that the board prescribes.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 491, §187 (AMD).