reglab/statecodes huggingface dataset:
2023 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).
2023 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 chief executive officer in the format specified by the chief executive officer.
A. [PL 2021, c. 277, §35 (RP).]
B.   [PL 1997, c. 393, Pt. A, §14 (RP).]
[PL 2021, c. 277, §35 (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 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 chief executive officer upon finding that the member has met the requirements of section 18524.
[PL 1995, c. 643, §21 (AMD); PL 2021, c. 548, §45 (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 423, subchapter 5, article 3‑A. If the chief executive officer 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); PL 2021, c. 548, §45 (REV).]
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). PL 2021, c. 548, §45 (REV).
2023 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 chief executive officer 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); 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, §36 (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, §36 (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, §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). PL 2021, c. 548, §45 (REV).
2023 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 chief executive officer 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); PL 2021, c. 548, §45 (REV).]
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 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 1997, c. 384, §14 (NEW); PL 2021, c. 548, §45 (REV).]
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). PL 2021, c. 548, §45 (REV).
2023 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 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, §§11, 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, §§11, 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, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
[PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§11,12 (NEW). PL 2021, c. 548, §45 (REV).
2023 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 chief executive officer shall terminate benefit payments at the end of the month in which the request is received.
[PL 1989, c. 409, §§11, 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 18521.
[PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§11,12 (NEW). PL 2017, c. 88, §34 (AMD). PL 2021, c. 548, §45 (REV).
2023 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 chief executive officer 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); 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, §§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); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§11,12 (NEW). PL 2007, c. 249, §32 (AMD). PL 2021, c. 548, §45 (REV).
2023 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 chief executive officer 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); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§11,12 (NEW). PL 2021, c. 548, §45 (REV).
2023 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).
2023 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).
2023 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).
2023 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 §18552. Designated beneficiary

§18552. 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, §20 (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 18553, subsection 3 and the other persons designated are eligible to receive benefits under section 18553, subsection 4, there is no limit to the number of persons eligible to receive benefits under section 18553, subsection 4 who may be designated;
(2) If all of the persons designated are eligible to receive benefits under section 18553, 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 18553, subsection 5, no more than 2 persons may be designated.   [PL 1989, c. 658, §5 (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, §5 (NEW).]
[PL 1989, c. 658, §5 (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 18553, subsection 1 or section 18554.
[PL 1989, c. 658, §5 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1989, c. 658, §5 (AMD). PL 2011, c. 449, §20 (AMD). PL 2021, c. 548, §45 (REV).
2023 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 §18554. Death after eligibility for retirement (REPEALED)

§18554. Death after eligibility for retirement
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 469, §6 (AMD).
2023 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 §18555. Applicability

§18555. Applicability
Notwithstanding section 18202, the provisions of former section 1124 of the state retirement system law, in effect on June 30, 1982, except former section 1124, subsection 4, are applicable to each participating local district which has adopted section 18553 or former section 1124, as part of its plan, whether or not the district has adopted amendments enacted after it adoption of section 18553 or former section 1124, as part of its plan.   [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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 4: ORDINARY DEATH BENEFITS › 5 §18557. Survivor's benefit contribution

§18557. Survivor's benefit contribution
1.  Information from fiscal officer.
Before a participating local district elects survivor benefits under section 18553 or 18556, the chief fiscal officer of the participating local district shall submit to the board that information prescribed by the board to assist the board in determining the cost of the initial survivor benefit contribution of the participating local district.
A. The determination of the initial survivor benefit contribution shall be made on the actuarial basis adopted by the board.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
B. The expense of determining the cost of the initial survivor benefit contribution shall be assessed against and paid by the participating local district on whose account it is made.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Annual determination.
Annually, the board shall actuarially determine the survivor benefit contribution of a participating local district which has elected survivor benefits, on the basis of information it may prescribe.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
3.  Increase.
The board may increase, by not more than 25% in any year, the survivor benefit contribution of a participating local district, if, in the opinion of the board, the benefits paid on behalf of beneficiaries of members of the participating local district is greater than the benefits expected to be paid on the actuarial basis.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
4.  Certification.
The board shall certify to the chief fiscal officer of the participating local district:
A. The survivor benefit contribution for the participating local district, computed in accordance with this section; plus   [PL 1985, c. 801, §§ 5, 7 (NEW).]
B. A pro rata share of the cost of the administration of the survivor benefit program, based on the gross payroll of employees and the expense of determining the annual survivor benefit contribution.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
[PL 1985, c. 801, §§ 5, 7 (NEW).]
5.  Charge.
The amounts certified under subsection 4 shall be a charge against the participating local district.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
6.  Member contribution.
A participating local district may require each of its members to make a contribution, not to exceed 1/4 of 1% of earnable compensation, as long as the member is employed.
[PL 2007, c. 249, §34 (AMD).]
7.  Payment.
All survivor benefit contributions by participating local districts that have elected survivor benefits and all contributions by members of those districts must be paid into the Retirement Allowance Fund.
[PL 2007, c. 249, §35 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 249, §§34, 35 (AMD).
2023 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 §18558. Transfer of funds (REPEALED)

§18558. Transfer of funds
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 256, §43 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18601. Definitions

§18601. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2009, c. 513, §1 (RPR); PL 2009, c. 513, §3 (AFF).]
1.  Professional firefighter.
"Professional firefighter" means an employee of a municipal fire department who is a member of the Participating Local District Retirement Program or who is a participating member under chapter 425 and who aids in the extinguishment of fires, whether or not the employee has other administrative duties.
[PL 2009, c. 513, §1 (NEW); PL 2009, c. 513, §3 (AFF).]
2.  Qualifying member.
"Qualifying member" means:
A. A member who dies as a result of an injury arising out of and in the course of employment as an employee;   [PL 2009, c. 513, §1 (NEW); PL 2009, c. 513, §3 (AFF).]
B. After October 31, 2004, an active member who is a professional firefighter who dies as a result of an injury or disease as described in Title 39-A, section 328 if the injury or disease that causes the death is the result of a condition that develops within 30 days of the active member's participating in firefighting or training or a drill that involves firefighting. If the professional firefighter dies after 30 days but within 6 months of participating in firefighting or training or a drill that involves firefighting, there is a rebuttable presumption that the death is the result of an injury arising out of and in the course of employment as a professional firefighter; or   [PL 2009, c. 513, §1 (NEW); PL 2009, c. 513, §3 (AFF).]
C. 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 2009, c. 513, §1 (NEW); PL 2009, c. 513, §3 (AFF).]
[PL 2009, c. 513, §1 (NEW); PL 2009, c. 513, §3 (AFF).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2009, c. 513, §1 (RPR). PL 2009, c. 513, §3 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18602. Qualification for benefit

§18602. Qualification for benefit
The beneficiary of a qualifying member shall receive a benefit in accordance with section 18603.   [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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18603. Computation of benefit

§18603. 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18604. Method of payment

§18604. 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18605. Adjustment of benefits

§18605. Adjustment of benefits
1.  Cessation of eligibility.
When a person sharing benefits under section 18603 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, §16 (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, §16 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
[PL 2001, c. 439, Pt. CCCCC, §3 (AMD).]
3.  Cost-of-living adjustments.
Benefits under this article are subject to adjustment as provided in section 18407.
[PL 1995, c. 462, Pt. A, §15 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 885, §E16 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1993, c. 595, §14 (AMD). PL 1995, c. 462, §A15 (AMD). PL 2001, c. 439, §CCCCC3 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18606. Termination of benefits

§18606. 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 5: BENEFITS › Article 5: ACCIDENTAL DEATH BENEFITS › 5 §18607. Benefits in lieu of article 4 (REPEALED)

§18607. Benefits in lieu of article 4
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 256, §44 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18651. Authorization

§18651. 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18652. Nature of policy

§18652. Nature of policy
1.  Limitation.
All provisions of a policy or policies purchased under section 18651 shall be subject to the limitations of Title 24-A, chapter 31.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  No reduction of benefits.
No provisions of a policy or policies purchased under section 18651 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18653. Rules

§18653. 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18653-A. Funds

§18653-A. Funds
All assets in the group life insurance program may be combined for investment purposes. The assets attributable to employers of participating local district 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 18661, 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. 475, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 2017, c. 88, §35 (NEW). PL 2017, c. 475, Pt. A, §6 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18654. Administration

§18654. 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18655. Participation

§18655. Participation
1.  Local district.
A local district may participate in the group life insurance program by filing with the board a duly certified copy of the resolution or record of the vote of the body that would be entitled to approve participation in the Participating Local District Retirement Program under section 18201. The resolution or record of the vote must state which portions of the life insurance program established under this chapter apply to the participating local district.
[PL 2007, c. 491, §249 (AMD).]
2.  Effective date.
The effective date of participation of a local district may not be more than 6 months following receipt of the certified copy of the vote or resolution.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
3.  Employee.
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).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 491, §249 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18656. Coverage

§18656. Coverage
1.  Basic insurance.
Life insurance and accidental death and dismemberment insurance, to be known as "basic insurance," is available to all eligible participants.
A. The amount of life insurance to be paid upon death is equal to the participant's annual base compensation rounded up to the next $1,000.
(1) A participant insured under a basic insurance policy is automatically covered for any change in the maximum due to a change in annual base compensation.
(2) The date of change in coverage under subparagraph (1) is the first day of the month of April following the effective date of the change in annual base compensation.   [PL 1991, c. 480, §8 (AMD).]
B. The accidental death and dismemberment insurance shall provide payments as follows.
(1) Losses and amounts payable shall be determined according to the following table.
LOSS
AMOUNT PAYABLE
Loss of life by Accident
An additional amount equal to that provided under subsection 1, paragraph A
Loss of one hand or foot or sight of one eye
One-half the amount provided under subsection 1, paragraph A
Loss of 2 or more limbs or loss of sight of both eyes or loss of one limb and loss of sight of one eye
The amount provided under subsection 1, paragraph A
(2) For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed the amount provided under subsection 1, paragraph A.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
[PL 1991, c. 480, §8 (AMD).]
2.  Supplemental insurance.
Additional insurance coverage of equal amounts to those described in subsection 1, to be known as "supplemental insurance," shall be available to each participant purchasing insurance under subsection 1.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
3.  Dependent insurance.
Each participant may elect to insure the life of a dependent not insured in the group covered under subsections 1 and 2.
A. A participant may elect either Plan A or Plan B, but not both.
Plan A
Plan B
Spouse
$5,000
$10,000
Full-time unmarried students to age 22
$5,000
$5,000
Children, 6 months to age 19
$5,000
$5,000
Children, 0 to 6 months
$1,000
$2,500
[PL 1985, c. 801, §§ 5, 7 (NEW).]
B. Insurance purchased under this subsection is subject to the limitations of Title 24‑A, section 2611‑A.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
C. The number of dependents may not affect the premium rate for insurance purchased under this subsection.   [PL 1993, c. 387, Pt. A, §26 (AMD).]
D. Any participant who is a participant through employment with 2 or more employers may not insure that participant's dependents more than once.   [PL 1991, c. 480, §9 (NEW).]
[PL 1993, c. 387, Pt. A, §26 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1989, c. 710, §23 (AMD). PL 1991, c. 480, §§8,9 (AMD). PL 1993, c. 387, §A26 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18657. Payments on death

§18657. 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, §2 (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, §10 (AMD).]
2.  Widow or widower.
Second, if no beneficiary qualifies under subsection 1, to the widow or widower of the employee.
[PL 2009, c. 515, §2 (AMD); PL 2009, c. 515, §3 (AFF).]
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, §2 (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, §2 (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, §2 (AMD); PL 2009, c. 515, §3 (AFF).]
5.  Executor or conservator.
[PL 2009, c. 515, §2 (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, §2 (AMD); PL 2009, c. 515, §3 (AFF).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 480, §10 (AMD). PL 2009, c. 515, §2 (AMD). PL 2009, c. 515, §3 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18659. Payment of premiums

§18659. 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 425: PARTICIPATING LOCAL DISTRICTS › Subchapter 6: GROUP LIFE INSURANCE › 5 §18660. Review of insurance program (REPEALED)

§18660. Review of insurance program
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2017, c. 88, §36 (RP).