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 4: CREDITABLE SERVICE › 5 §17761. CETA service

§17761. CETA service
1.  Service credit allowed.
Service credit for the period of CETA employment occurring after June 30, 1979, shall be granted to any person who, after June 30, 1979, satisfies the following conditions:
A. The person was a CETA employee;   [PL 1985, c. 801, §§5, 7 (NEW).]
B. The person, within 90 days of termination of CETA employment, became a non-CETA employee of the employer;   [PL 1985, c. 801, §§5, 7 (NEW).]
C. The person, within 90 days of becoming a non-CETA employee, signified in writing to the retirement system his intention to purchase time credit under section 17707, subsection 4;   [PL 1985, c. 801, §§5, 7 (NEW).]
D. The person has not received a return of any contributions made under section 17707, subsection 4 or has deposited his contributions within 18 months of obtaining non-CETA employment with the employer under section 17707, subsection 4; and   [PL 1985, c. 801, §§5, 7 (NEW).]
E. The employer contribution required by section 17707, subsection 3 has been paid.   [PL 1985, c. 801, §§5, 7 (NEW).]
[PL 1985, c. 801, §§5, 7 (NEW).]
2.  Retirement benefit effective before completion of payment.
If any retirement benefit becomes effective before the completion of the deposit under section 17707, subsection 4, the person is entitled to credit for that portion of his CETA time which the amount of the deposit actually made bears to the total amount which would have been required to purchase the person's entire CETA time.
[PL 1985, c. 801, §§5, 7 (NEW).]
3.  Service credit allowed.
Service credit for the period of CETA employment occurring before July 1, 1979 must be granted to any person who satisfies the following conditions:
A. The person was a CETA employee;   [PL 1999, c. 241, §2 (NEW).]
B. The person within 90 days of termination of CETA employment became a non-CETA employee of the employer; and   [PL 1999, c. 241, §2 (NEW).]
C. The employee contribution required by section 17707, subsection 4, paragraph D has been paid.   [PL 1999, c. 241, §2 (NEW).]
[PL 1999, c. 241, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1999, c. 241, §2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 4: CREDITABLE SERVICE › 5 §17762. Adult education teachers (REPEALED)

§17762. Adult education teachers
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1989, c. 700, §A25 (AMD). PL 1993, c. 539, §1 (RP). PL 1993, c. 539, §2 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 4: CREDITABLE SERVICE › 5 §17763-A. Purchase of service credit by an educator of a child with a disability; service before July 1, 1976

§17763-A. Purchase of service credit by an educator of a child with a disability; service before July 1, 1976
If a member can provide the board with satisfactory evidence that the member performed before July 1, 1976 any work as an educator or teacher of a child with a disability, as defined in Title 20‑A, section 7001, subsection 1‑B, including as a teacher who may not meet the definition in section 17001, subsection 42, in a private or parochial school or other school, center, facility or program that was not part of a public school system, the member may purchase up to one year of service credit for any such work performed before July 1, 1976. Service credit for this work must be calculated on the basis of school years. In order to purchase this service credit and before any retirement benefit becomes effective, the member must pay into the Members' Contribution Fund by a single direct payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent at the effective date of the retirement benefit of the portion of the retirement benefit based on the additional creditable service. Annual payments must be made in accordance with section 17701, subsection 4. Additional amounts paid under this subsection become a part of the member's accumulated contributions. If any retirement benefit becomes effective before the completion of the payment under this section, the member is entitled to service credit for that portion of the additional creditable service that the total amount of payments actually made plus regular interest on those payments to the date the retirement benefit becomes effective bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service.   [PL 2007, c. 491, §140 (AMD).]
SECTION HISTORY
PL 2007, c. 303, §1 (NEW). PL 2007, c. 491, §140 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 4: CREDITABLE SERVICE › 5 §17764. Vista, Peace Corps, Head Start and foreign teaching

§17764. Vista, Peace Corps, Head Start and foreign teaching
Members who served in the Peace Corps, foreign or domestic, the Volunteers in Service to America Program, or the Fulbright Exchange Program; who taught children of United States Foreign Service Corps personnel outside the continental United States or United States Armed Forces personnel located in any foreign country on a regularly established United States military base; or who served as an employee of a Head Start program in Maine may purchase service credit for that service under the following conditions. For the purposes of this section "members" means state employees and teachers.   [PL 1999, c. 250, §1 (AMD).]
1.  Limit on service credit.
The service credit may not exceed 2 years.
[PL 1989, c. 709, §3 (NEW).]
2.  Creditable service required.
Members whose service in these organizations preceded their becoming members in the State Employee and Teacher Retirement Program must, on the date of retirement, have at least 15 years of creditable service.
[PL 2007, c. 491, §141 (AMD).]
3.  Return to employment.
Members who terminated service in the State as state employees or teachers prior to service with these organizations must return to state employment or active teaching in the State within one year of the completion of service in these organizations.
[PL 1989, c. 709, §3 (NEW).]
4.  Payment to fund.
Members must, before any retirement benefit becomes effective, pay into the Members' Contribution Fund by a single direct payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service. Payments must be made as provided in section 17701.
[PL 2007, c. 491, §142 (AMD).]
SECTION HISTORY
PL 1989, c. 709, §3 (NEW). PL 1999, c. 250, §1 (AMD). PL 2007, c. 58, §3 (REV). PL 2007, c. 491, §§141, 142 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 4: CREDITABLE SERVICE › 5 §17766. Service credit for educational leave (REALLOCATED FROM TITLE 5, SECTION 17765)

§17766. Service credit for educational leave
(REALLOCATED FROM TITLE 5, SECTION 17765)
A member may purchase service credit for the period during which the member took an unpaid or partially paid educational leave pursuant to the Maine Educational Leave Act under the following conditions.   [RR 1997, c. 1, §4 (RAL).]
1.  Payment.
The member must, before any retirement benefit becomes effective, pay into the Members' Contribution Fund by a single payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional service credit purchased under this section. Payments must be made as provided in section 17701, subsection 4.
If any retirement benefit becomes effective before the completion of the payment under this subsection, the member is entitled to the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service.
[PL 2007, c. 491, §145 (AMD).]
2.  Limitation on use of purchased service credit.
Notwithstanding any other provision of law, service credit purchased under this section may be used only for the purpose of increasing the amount of a member's service retirement benefit by inclusion of the purchased service credit and may not be used to establish a member's qualification for a service retirement benefit.
[RR 1997, c. 1, §4 (RAL).]
3.  Return to employment.
The member must have returned to state employment after completion of the educational leave.
[RR 1997, c. 1, §4 (RAL).]
SECTION HISTORY
RR 1997, c. 1, §4 (RAL). PL 2007, c. 491, §145 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 4: CREDITABLE SERVICE › 5 §17767. Law enforcement service

§17767. Law enforcement service
Service credit for service in law enforcement is governed as follows.   [PL 2019, c. 459, §1 (NEW).]
1.  Service before becoming member.
A member who served as a full-time law enforcement officer with a federal, state, county or local law enforcement agency before becoming a member is entitled under this subsection to purchase service credit for the period of time that the member served as a law enforcement officer if the member has at least 15 years of creditable service at the time of retirement by complying with the terms and conditions of this subsection and the applicable provisions of subsection 2. Service credit purchased under this section is limited to 4 years. Notwithstanding anything to the contrary, a member for which service credit under this section is to be granted must provide a certified statement from the appropriate retirement system that the service credit to be granted has not been and will not be used to obtain other retirement benefits.
[PL 2019, c. 459, §1 (NEW).]
2.  Members qualified for credit at actuarial cost.
A member qualified under subsection 1 to purchase service credit at the cost set forth in this subsection is entitled to service credit if the member pays an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional creditable service.
A. Payment must be made before any retirement benefit becomes effective for that member.   [PL 2019, c. 459, §1 (NEW).]
B. Payment may be made to the retirement system by a single direct payment or by annual direct payments in accordance with section 17701, subsection 4.   [PL 2019, c. 459, §1 (NEW).]
[PL 2019, c. 459, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 20: STATE RETIREMENT SYSTEM › Chapter 423: STATE EMPLOYEES AND TEACHERS › Subchapter 4: CREDITABLE SERVICE › 5 §17768. Service credit for teachers

§17768. Service credit for teachers
A member who is a teacher and who experiences a reduction in income from an extracurricular or cocurricular position due to circumstances related to coronavirus disease 2019, referred to in this section as "COVID-19," may purchase service credit for the period during which the extracurricular or cocurricular position was eliminated or otherwise unavailable under the following conditions.   [PL 2021, c. 225, §3 (NEW).]
1.  Eligibility requirements.
A teacher may purchase service credit under this section only if:
A. During the 12 months preceding the start of the period of the service credit, the teacher received income from employment in an extracurricular or cocurricular position that was eliminated or otherwise unavailable during the period from January 1, 2020 to July 1, 2021 due to circumstances related to COVID-19; and   [PL 2021, c. 225, §3 (NEW).]
B. The teacher is in the final 3 years of service during the period from January 1, 2020 to July 1, 2021.   [PL 2021, c. 225, §3 (NEW).]
[PL 2021, c. 225, §3 (NEW).]
2.  Limit on service credit.
The additional service credit under this section may be purchased only for the period from January 1, 2020 to July 1, 2021.
[PL 2021, c. 225, §3 (NEW).]
3.  Payment.
A member purchasing service credit under this section must, before any retirement benefit becomes effective, pay into the Members' Contribution Fund by a single payment or annual direct payments to the State Employee and Teacher Retirement Program an amount that, together with regular interest on that amount, is the actuarial equivalent, at the effective date of the retirement benefit, of the portion of the retirement benefit based on the additional service credit purchased under this section. Payments must be made as provided in section 17701, subsection 4.
If any retirement benefit becomes effective before the completion of the payment under this subsection, the member is entitled to the additional creditable service that the total amount of payments actually made, plus regular interest on those payments to the date the retirement benefit becomes effective, bears to the actuarial equivalent of the total portion of the retirement benefit based on the additional creditable service.
[PL 2021, c. 225, §3 (NEW).]
4.  Limitation on use of purchased service credit.
Notwithstanding any provision of law to the contrary, service credit purchased under this section may be used only for the purpose of increasing the amount of a member's service retirement benefit by inclusion of the purchased service credit and may not be used to establish a member's qualification for a service retirement benefit.
[PL 2021, c. 225, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 225, §3 (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 1: GENERAL PROVISIONS › 5 §17802. Eligibility for benefits

§17802. Eligibility for benefits
Only members of the State Employee and Teacher Retirement Program, their spouses, surviving spouses, children, dependent children, parents or beneficiaries are eligible to receive benefits from the State Employee and Teacher Retirement Program.   [PL 2007, c. 491, §146 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 491, §146 (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 1: GENERAL PROVISIONS › 5 §17803. Election of methods of payment

§17803. Election of methods of payment
1.  Definition.
As used in this article, unless the context otherwise indicates, "qualifying member" means:
A. A member; or   [PL 1985, c. 801, §§ 5, 7 (NEW).]
B. A former member who is receiving a disability retirement benefit.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Election.
In order to receive a benefit, a qualifying member must elect to have his service retirement benefit payable under any of the methods in section 17804.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
3.  Time and manner of election.
A qualifying member must elect a method of payment before the beginning of payment of a service retirement benefit. This election must be by written notice to the chief executive officer stating the date on which he desires to retire.
[PL 1987, c. 256, §7 (AMD); PL 2021, c. 548, §45 (REV).]
4.  Change of election.
A qualifying member may revoke his election of benefits and may elect another method of payment by giving written notice to the chief executive officer at any time before the first payment of the service retirement benefit.
[PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 256, §7 (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 1: GENERAL PROVISIONS › 5 §17805. Remarriage after retirement

§17805. Remarriage after retirement
If the recipient of a reduced service retirement benefit under section 17804, subsection 3, 4, 5‑A or 5‑B remarries after the recipient's spouse dies the following provisions apply.   [PL 2001, c. 118, §5 (AMD).]
1.  Election of benefit for new spouse.
The recipient may elect to have the reduced retirement benefit paid under the same option to the new spouse after the recipient's death instead of continuing the original reduced retirement benefit to the recipient during his lifetime, under the following conditions:
A. The original spouse must have been the sole beneficiary of the reduced retirement benefit under section 17804, subsection 3, 4, 5‑A or 5‑B; and   [PL 1999, c. 744, §10 (AMD); PL 1999, c. 744, §17 (AFF).]
B.   [PL 1987, c. 612, §2 (RP).]
C.   [PL 1987, c. 612, §3 (RP).]
D. The recipient must have been married to the new spouse for at least 6 months.   [PL 1987, c. 612, §4 (NEW).]
[PL 1999, c. 744, §10 (AMD); PL 1999, c. 744, §17 (AFF).]
2.  Time and manner of election.
The recipient may make the election at any time after the death of the original spouse and remarriage to the new spouse by:
A. Sending a written request to the chief executive officer; and   [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
B.   [PL 1987, c. 612, §5 (RP).]
C. Submitting evidence of the death of the former spouse and date of marriage to the new spouse.   [PL 1987, c. 612, §5 (NEW).]
[PL 1987, c. 612, §5 (AMD); PL 2021, c. 548, §45 (REV).]
3.  Amount of benefit.
The amount of the benefit payable under the option elected shall be the actuarial equivalent, at the date of the beginning of payment of benefits under this section, of the amount of reduced retirement benefit the recipient has been receiving.
[PL 1985, c. 801, §§5, 7 (NEW).]
4.  Effective date of coverage of the new spouse.
The effective date of the designation of the new spouse as the recipient's new beneficiary will be the date the request is received or 6 months after the date of remarriage, whichever comes later. The recipient's retirement benefit shall be adjusted on the first day of the month following the effective date of the new designation of beneficiary.
[PL 1987, c. 612, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 612, §§1-6 (AMD). PL 1999, c. 744, §10 (AMD). PL 1999, c. 744, §17 (AFF). PL 2001, c. 118, §5 (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 1: GENERAL PROVISIONS › 5 §17805-A. Divorce

§17805-A. Divorce
If the recipient of a reduced service retirement benefit under section 17804, subsection 3, 4, 5‑A, 5‑B, 5‑C, 5‑D or 5‑E is granted a divorce either after retirement or before a retirement beneficiary is named the following provisions apply.   [PL 2001, c. 118, §6 (AMD).]
1.  Election of benefit for different beneficiary.
The recipient may elect to have the reduced retirement benefit paid under the same option to a different beneficiary except when the former spouse is named as retirement beneficiary at the time the divorce is granted, in which case the election may be made only under the following conditions:
A. The spouse or former spouse who was originally named as retirement beneficiary must have been the sole beneficiary of the reduced retirement benefit under section 17804, subsection 3, 4, 5‑A, 5‑B, 5‑C, 5‑D or 5‑E; and   [PL 2001, c. 118, §7 (AMD).]
B. The recipient and the spouse or former spouse who was originally named retirement beneficiary must agree to the change of beneficiary. Prior to this agreement, the chief executive officer shall ensure that the spouse or former spouse who was originally named as retirement beneficiary has been counseled by an employee of the retirement system regarding the financial effect of giving up rights as a beneficiary and has signed a statement that the information has been received and understood.   [PL 1995, c. 604, §3 (AMD); PL 2021, c. 548, §45 (REV).]
[PL 2005, c. 560, §3 (AMD); PL 2021, c. 548, §45 (REV).]
2.  Time and manner of election.
The recipient may make the election at any time after the divorce is granted by:
A. Sending a written request to the chief executive officer; and   [PL 1991, c. 320, §1 (NEW); PL 2021, c. 548, §45 (REV).]
B. Submitting evidence of the divorce.   [PL 1991, c. 320, §1 (NEW).]
[PL 1991, c. 320, §1 (NEW); PL 2021, c. 548, §45 (REV).]
3.  Amount of benefit.
The amount of the benefit payable under the option elected is the actuarial equivalent, at the date of the beginning of payment of benefits under this section, of the amount of reduced retirement benefit the recipient has been receiving, plus the amount expected to be paid to the original spouse after the recipient's death.
[PL 1991, c. 320, §1 (NEW).]
4.  Effective date of coverage of new beneficiary.
The effective date of the designation of the recipient's new beneficiary is the date the request is received. The recipient's retirement benefit must be adjusted on the first day of the month following the effective date of the new designation of beneficiary.
[PL 1991, c. 320, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 320, §1 (NEW). PL 1995, c. 604, §§1-3 (AMD). PL 1999, c. 744, §11 (AMD). PL 1999, c. 744, §17 (AFF). PL 2001, c. 118, §§6,7 (AMD). PL 2005, c. 560, §3 (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 1: GENERAL PROVISIONS › 5 §17807. Persons retired under earlier law

§17807. Persons retired under earlier law
1.  Benefits continued.
All benefits payable to former employees retired under the Public Laws of 1933, chapter 1, sections 227 to 233, as they existed immediately before July 1, 1942, shall be continued and paid in the future from the Retirement Allowance Fund at the full amounts stipulated under those sections before July 1, 1942.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Additional amounts.
Any additional funds required to continue the benefits under subsection 1 shall be provided by an increase in the accrued liability contribution payable to the Retirement Allowance Fund.
[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 1: GENERAL PROVISIONS › 5 §17808. Payment from certain funds

§17808. Payment from certain funds
All benefits payable under this chapter must be paid from the Retirement Allowance Fund, except those payable from the Members' Contribution Fund or as specifically provided in this chapter.   [PL 2007, c. 249, §26 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 249, §26 (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 1: GENERAL PROVISIONS › 5 §17809. Incorrect records

§17809. Incorrect records
If any error in any record of the retirement system results in a member or beneficiary receiving more or less from the system than he would have been entitled to receive had the record been correct, payments shall, as far as practicable, be adjusted so that the actuarial equivalent of the benefit to which he was correctly entitled is paid.   [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 1: GENERAL PROVISIONS › 5 §17810. Earnable compensation continued

§17810. Earnable compensation continued
For purposes of determining benefits under this chapter, the earnable compensation of a member retired with a disability retirement allowance under article 3 is assumed to be continued after his date of termination of service:   [PL 1985, c. 801, §§ 5, 7 (NEW).]
1.  Rate.
At the same rate as received immediately before the date of termination of service; and
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Percentage adjustments.
Subject to the same percentage adjustments, if any, that may apply to the amount of retirement allowance of the beneficiary under section 17806.
[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 1: GENERAL PROVISIONS › 5 §17811. Election to reduce or discontinue benefits

§17811. Election to reduce or discontinue benefits
Any retiree or member who is retired or will retire may elect to reduce or discontinue receiving any benefit upon written request, duly certified and acknowledged, to the chief executive officer.   [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (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 1: GENERAL PROVISIONS › 5 §17812. Limitation on benefits

§17812. Limitation on benefits
Benefits are limited as follows.   [PL 1987, c. 256, §11 (NEW).]
1.  One benefit only.
A beneficiary may select only one benefit, regardless of how many benefits he qualifies for.
[PL 1987, c. 256, §11 (NEW).]
2.  Election final.
Except as provided in section 17803, subsection 4, and section 17953, subsection 8, if a beneficiary elects a benefit after receiving reasonable notification of available options from the retirement system, the beneficiary's election of benefit is final and may not be changed or revoked at a later date.
[PL 1991, c. 548, Pt. A, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 256, §11 (NEW). PL 1991, c. 548, §A2 (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 2: SERVICE RETIREMENT BENEFITS › 5 §17851-B. Special plan for fire marshal investigators and fire marshal sergeants

§17851-B. Special plan for fire marshal investigators and fire marshal sergeants
1.  Establishment and applicability.
Effective July 1, 2020, there is established a special retirement plan for fire marshal investigators, fire marshal senior investigators, fire marshal sergeants and assistant state fire marshal-investigations, referred to in this section as "the special plan." The special plan applies to a state fire marshal investigator, state fire marshal senior investigator, state fire marshal sergeant and assistant state fire marshal-investigations.
[PL 2021, c. 398, Pt. LLL, §2 (AMD).]
2.  Qualification for benefits.
A member employed in any of the positions specified in subsection 1 qualifies for a service retirement benefit after completing 20 years of creditable service in that capacity, whether or not the creditable service included in determining that the 20-year requirement has been met was earned under the special plan established in this section or prior to its establishment.
[PL 2019, c. 482, §2 (NEW).]
3.  Purchase of service credit to be used for qualification for benefits.
This subsection governs the use of purchased service credit in order to qualify for benefits under this section. For the purpose of meeting the qualification requirement of subsection 2:
A. Service credit purchased by repayment of an earlier refund of accumulated contributions following termination of service is included if the time to which the refund relates was served in any one or a combination of the positions specified in subsection 1, regardless of whether the time was served before or after the establishment of the special plan; and   [PL 2019, c. 482, §2 (NEW).]
B. Service credit purchased other than as provided under paragraph A is not included.   [PL 2019, c. 482, §2 (NEW).]
[PL 2019, c. 482, §2 (NEW).]
4.  Computation of benefits.
The amount of the service retirement benefit for members qualified under subsection 2 is 1/2 of the person's average final compensation and an additional 2% of the person's average final compensation for each year of membership service not included in determining qualification under subsection 2.
[PL 2019, c. 482, §2 (NEW).]
5.  Contributions.
Notwithstanding any other provision of subchapter 3, after June 30, 2020, a member in a position specified in subsection 1 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at the rate of 8.65% of earnable compensation until the member has completed 20 years of creditable service as provided in this section and at the rate of 7.65% thereafter.
[PL 2019, c. 482, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 482, §2 (NEW). PL 2021, c. 398, Pt. LLL, §2 (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 2: SERVICE RETIREMENT BENEFITS › 5 §17853. Law governing benefit determination

§17853. Law governing benefit determination
1.  Termination on or after January 1, 1976.
If a member's final termination of service occurred on or after January 1, 1976, the retirement system law in effect on the date of termination shall govern the member's service retirement benefit.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Termination before January 1, 1976.
If a member's final termination of service occurred before January 1, 1976, the retirement system law in effect on January 1, 1976 shall govern the member's service retirement benefit.
[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 2: SERVICE RETIREMENT BENEFITS › 5 §17854. Minimum benefit

§17854. Minimum benefit
Any member who has 10 or more years of creditable service at retirement is entitled to a minimum service retirement benefit of $100 per month.   [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 2: SERVICE RETIREMENT BENEFITS › 5 §17855. Restoration to service (REPEALED)

§17855. Restoration to service
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 739, §§27,48 (AMD). PL 1997, c. 769, §18 (AMD). PL 2001, c. 442, §1 (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 2: SERVICE RETIREMENT BENEFITS › 5 §17856. Interchangeable benefits for law enforcement officers

§17856. Interchangeable benefits for law enforcement officers
Any service retirement benefits earned by a law enforcement officer under this article which are substantially similar or equal are interchangeable.   [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 2: SERVICE RETIREMENT BENEFITS › 5 §17858. Retirement incentive option (REPEALED)

§17858. Retirement incentive option
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §EEE15 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §EEE15 (NEW). PL 1991, c. 618, §3 (AMD). PL 1991, c. 618, §7 (AFF). PL 1993, c. 159, §1 (AMD). PL 1993, c. 159, §2 (AFF). PL 1993, c. 415, §L1 (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 2: SERVICE RETIREMENT BENEFITS › 5 §17858-A. Retirement incentive option (REPEALED)

§17858-A. Retirement incentive option
(REPEALED)
SECTION HISTORY
PL 1993, c. 415, §L2 (NEW). PL 1993, c. 415, §L4 (AFF). RR 1997, c. 2, §21 (COR). PL 2001, c. 442, §3 (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 2: SERVICE RETIREMENT BENEFITS › 5 §17858-B. Retirement; creditable service

§17858-B. Retirement; creditable service
1.  Retirement incentive.
Any state employee, as defined in section 17001, subsection 40, except employees of the Maine Community College System, who, by April 1, 1996, has reached normal retirement age and has 10 or more years of creditable service and who gives notice to the Maine Public Employees Retirement System no later than February 1, 1996 and who retires effective no later than April 1, 1996 is entitled to receive, at the employee's option, either 3 months' base salary paid as a lump sum to be paid on July 1, 1996 or the equivalent amount in monthly cash payments toward retiree dependent medical insurance equal to the current percentage contribution rate for dependent coverage for state employees.
Payment of the retirement incentive under this subsection must be made by the employing agencies and may not be made from the funds of the Maine Public Employees Retirement System.
Payment of the retirement incentive under this subsection may not be used in the calculation of the employee's average final compensation or creditable service.
[PL 1995, c. 502, Pt. R, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF); PL 2007, c. 58, §3 (REV).]
2.  Vacant position.
The department or agency from which any state employee retires under subsection 1 either may not fill the resulting vacant position or, if that position is filled, shall maintain a vacant position elsewhere within the department or agency until the State's costs associated with the retirement have been recovered. Alternatively, the Governor may recover these costs by maintaining an offsetting vacancy in another department or agency or by utilizing other salary savings.
[PL 1995, c. 502, Pt. R, §1 (NEW).]
3.  Payment of fixed costs.
With respect to each employee who retires under subsection 1, the State shall pay the amount of the State Employee and Teacher Retirement Program's unfunded liability payment, the Maine Public Employees Retirement System's administrative cost payment and the retiree health care payment associated with the employee.
[PL 2007, c. 491, §173 (AMD).]
4.  Policies and procedures.
The Chief Executive Officer of the Maine Public Employees Retirement System shall establish policies and procedures for the implementation of this section, including notice and payment requirements, that ensure that no unfunded liability results to the State Employee and Teacher Retirement Program.
[PL 2007, c. 491, §174 (AMD); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1995, c. 502, §R1 (NEW). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2007, c. 58, §3 (REV). PL 2007, c. 491, §§173, 174 (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: DISABILITY RETIREMENT BENEFITS › 5 §17901. Definition

§17901. Definition
As used in this article, unless the context otherwise indicates, "disabled" means mentally or physically incapacitated:   [PL 1985, c. 801, §§ 5, 7 (NEW).]
1.  Permanent.
To the extent that it is impossible to perform the duties of his employment position and the incapacity can be expected to be permanent; and
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Revealed by examination.
So that the incapacity will be revealed by medical examination or tests conducted in accordance with section 17903.
[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 3: DISABILITY RETIREMENT BENEFITS › 5 §17901-A. Applicability

§17901-A. Applicability
This article applies to all disabilities for which written applications are received by the chief executive officer before October 1, 1989. All disabilities for which written applications are received by the chief executive officer after September 30, 1989, are subject to article 3‑A.   [PL 1989, c. 409, §§7, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§7,12 (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: DISABILITY RETIREMENT BENEFITS › 5 §17902. Application

§17902. 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. The executive director shall obtain medical consultation on each applicant for disability retirement benefits in accordance with related rules established by the board. Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter 2‑A. Medical consultation obtained by the chief executive officer must be objective and be provided by a medical provider or medical providers qualified to review the case by specialty or experience and to whom the applicant is not known.   [PL 2021, c. 277, §19 (AMD); PL 2021, c. 548, §45 (REV).]
[PL 2021, c. 277, §19 (AMD); PL 2021, c. 548, §45 (REV).]
2.  Approval.
The written application must be approved by the chief executive officer.
[PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1995, c. 643, §5 (AMD). PL 2017, c. 88, §22 (AMD). PL 2021, c. 277, §19 (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: DISABILITY RETIREMENT BENEFITS › 5 §17903. Examination or tests

§17903. Examination or tests
The examination or tests to determine whether a member is disabled under section 17901 are governed as follows.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
1.  Agreed upon medical provider.
The examination or tests must be conducted by a qualified medical provider mutually agreed upon by the chief executive officer and member claiming to be disabled.
[PL 2017, c. 88, §23 (AMD); PL 2021, c. 548, §45 (REV).]
2.  Agreed upon place.
The examination or tests shall be conducted at a place mutually agreed upon by the chief executive officer and member claiming to be disabled.
[PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
3.  Costs.
The costs incurred under subsections 1 and 2 shall be paid by the retirement system.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2017, c. 88, §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: DISABILITY RETIREMENT BENEFITS › 5 §17904. Qualification for benefit

§17904. Qualification for benefit
1.  Qualification.
Except as provided in subsection 2, a member qualifies for a disability retirement benefit if the member becomes disabled while in service and before reaching normal retirement age.
A.   [PL 1991, c. 887, §4 (RP).]
B.   [PL 1991, c. 887, §4 (RP).]
[PL 1997, c. 384, §4 (AMD).]
2.  Exception.
A member with fewer than 5 years of continuous creditable service immediately preceding that member's application for a disability retirement benefit is not eligible for that benefit if the disability is the result of a physical or mental condition that existed before the member's latest membership in any 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 2007, c. 491, §175 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 434, §1 (AMD). PL 1991, c. 887, §4 (AMD). PL 1997, c. 384, §4 (AMD). PL 2007, c. 491, §175 (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: DISABILITY RETIREMENT BENEFITS › 5 §17905. Computation of benefit

§17905. Computation of benefit
When a member qualified under section 17904 retires, 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, §5 (RPR).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 887, §5 (AMD). PL 1993, c. 595, §7 (AMD). PL 1995, c. 643, §6 (AMD). PL 1997, c. 384, §5 (RPR).
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: DISABILITY RETIREMENT BENEFITS › 5 §17908. Statement of health (REPEALED)

§17908. Statement of health
(REPEALED)
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1995, c. 643, §7 (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: DISABILITY RETIREMENT BENEFITS › 5 §17909. Statement of compensation

§17909. Statement of compensation
1.  Requirement.
The chief executive officer shall require each beneficiary of a disability retirement benefit to submit, each calendar year, a statement of his compensation received from engaging in any gainful occupation during that year.
[PL 1985, c. 801, §§ 5, 7 (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 beneficiary 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 beneficiary's disability retirement benefit shall be discontinued until the statement is submitted; or   [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
B. If the beneficiary 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 the beneficiary's rights to further benefits shall cease.   [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
[PL 1985, c. 801, §§ 5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (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: DISABILITY RETIREMENT BENEFITS › 5 §17910. Voluntary return to service

§17910. Voluntary return to service
1.  Right to reinstatement.
If the beneficiary of a disability retirement benefit decides that he is no longer incapacitated and is able to perform the duties of his employment position, the employer for whom he last worked prior to becoming disabled shall reinstate the person to the first available position for which the beneficiary is qualified and is consistent with the beneficiary's prior work experience. If a collective bargaining agreement applies to such a position, the employer may offer only a position which the beneficiary could claim by virtue of the seniority accumulated at the time of the disability.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
2.  Dispute over mental or physical capacity.
In the event there is a dispute between the beneficiary and the former employer over the beneficiary's mental or physical capacity to perform a specific job, at the option of the beneficiary that dispute must be resolved by the majority decision of 3 medical providers, one appointed and reimbursed by the beneficiary, one appointed and reimbursed by the employer and one appointed by the chief executive officer and reimbursed by the Maine Public Employees Retirement System.
[PL 2017, c. 88, §24 (AMD); PL 2021, c. 548, §45 (REV).]
3.  Termination or reduction in benefits.
At the option of the former beneficiary who has returned to an employment position, the disability retirement benefit may be terminated as of the end of the first month he is reinstated to a position or may be subject to section 17906, subsection 3.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
4.  Reinstatement of benefits.
If, during the first 5 years of reinstatement, the former beneficiary again becomes disabled as a result of the medical condition for which the initial disability retirement allowance was granted and terminates employment, the Maine Public Employees Retirement System shall resume paying the disability retirement benefit payable prior to the reinstatement with all applicable cost-of-living adjustments. The Maine Public Employees Retirement System may require examinations or tests to determine whether a member's medical condition is the same as that for which disability retirement was initially granted.
This provision shall apply only to state employees and teachers.
[PL 1985, c. 801, §§ 5, 7 (NEW); PL 2007, c. 58, §3 (REV).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 58, §3 (REV). PL 2017, c. 88, §24 (AMD). PL 2021, c. 548, §45 (REV).