reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 406 - PAYMENT OR REPAYMENT OF CONTRIBUTIONS AND INTEREST FOR THE PURCHASE OF CREDITABLE SERVICE › Section 411-406-3 - METHOD OF PAYMENT

Current through 2024-29, July 17, 2024
The member must designate which category of creditable
				  service is to be purchased. A member purchasing creditable service through
				  partial payments who is eligible to purchase creditable service in more than
				  one category must complete payment for the first designated category before
				  beginning payment on the next category.
A member may purchase creditable service by lump sum or
				  through partial payments as follows:
1.
Lump sum payment
. By making a
				single lump sum payment to the Maine PERS at any time, subject to the
				provisions of subsection 3, of all principal and interest owed for all
				creditable service the member is eligible to purchase in any category of
				creditable service; or
2.
Partial Payments
A.
Payroll Deduction
. By making an increased rate of contribution to
				Maine PERS through payroll deduction, subject to the following provisions:
(1) The minimum pay roll deduction amount is
				$50.00 per month, or the amount as established in subparagraph (2), whichever
				is greater.1
(2) The cost for the purchase of creditable
				service through payroll deduction will be amortized over a period ending on a
				date determined by the member, not to exceed ten years, or on the last day of
				the month preceding the normal retirement age of the member, or on the last day
				of the month preceding the member's anticipated retirement date, whichever is
				earlier.
(3) The member may change
				the specific payroll deduction amount, to an amount that is not less than the
				minimum payment amount as established in subparagraph (1), no more than once
				quarterly. The System will adjust either the amortization schedule or the
				amount of creditable service accordingly.
(4) In the event of a change in the rate of
				regular interest applied to the amount due, the System will:
(a) in the case of a decrease in the interest
				rate, adjust the amortization period accordingly; or
(b) in the case of an increase in the
				interest rate, adjust the amount of creditable service purchased accordingly,
				based on the original amortization period.
(5) The member may start or stop a payroll
				deduction authorization no more than once quarterly. If the member elects to
				stop an authorized payroll deduction, and subsequently elects to restart the
				payroll deduction, the member must submit a new authorization. The required
				payroll deduction will be recalculated under this paragraph to include any
				additional interest that has accrued.
(6) The member may also make periodic
				payments under the provisions of paragraph B toward the same category of
				service for which the member is making payments through payroll
				deduction.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 406 - PAYMENT OR REPAYMENT OF CONTRIBUTIONS AND INTEREST FOR THE PURCHASE OF CREDITABLE SERVICE › Section 411-406-4 - NO RECISSION OF PURCHASE OF CREDITABLE SERVICE

Current through 2024-29, July 17, 2024
A member who purchases creditable service may not rescind
				  the purchase of that service nor receive a refund of the payment or payments
				  made towards that purchase unless the member takes a refund of all member
				  contributions under the provisions of 3 M.R.S. §805- A, 4 M.R.S.
				  §1305- A, or 5 M.R.S. §§17705-A or 18306- A.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 406 - PAYMENT OR REPAYMENT OF CONTRIBUTIONS AND INTEREST FOR THE PURCHASE OF CREDITABLE SERVICE › Section 411-406-5 - NO PAYMENT BY BENEFICIARY

Current through 2024-29, July 17, 2024
After the death of a member, no payment may be made by a
				  beneficiary of the member to purchase additional creditable
				  service.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 406 - PAYMENT OR REPAYMENT OF CONTRIBUTIONS AND INTEREST FOR THE PURCHASE OF CREDITABLE SERVICE › Section 411-406-6 - GRANTING OF CREDITABLE SERVICE

Current through 2024-29, July 17, 2024
1. When a member
				requests the cost to purchase creditable service in any category of creditable
				service except Category 6, "Other service," the System will determine the
				contributions and applicable interest required to purchase all creditable
				service that the member is eligible to purchase in each selected category. At
				the time the balance due is determined, the total creditable service the member
				is eligible to purchase in each category will also be determined and recorded.
				Upon making a payment under Section
				3, the member will be granted
				creditable service as follows:
A.
Lump
				Sum Payment
. When a member makes a lump sum payment, the member will be
				granted all of the creditable service in the selected category.
B.
Partial Payments
. Calculation
				and granting of creditable service based upon partial payments will be as
				follows:
(1) When a member makes a partial
				payment, the payment will first be applied toward any applicable Survivor
				Benefit and Retirement Allowance Adjustment contributions due. In order to
				determine the amount of creditable service to be granted to the member as a
				result of the payment, the percentage of the balance of the employee
				contributions due that the payment represents will be determined and the same
				percentage will be applied to the total creditable service available for
				purchase.
(2) Upon request by the
				member, the System will provide the member with a statement that includes the
				remaining balance due, the total creditable service the member is eligible to
				purchase and the amount of creditable service that the member has
				purchased.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-1 - Effective date

Current through 2024-29, July 17, 2024
Except as otherwise specifically provided in a particular
				  provision of this rule, the effective date of the rule is May 3, 2004.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-2 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this Chapter, the following terms are
				  defined as follows:
1. "Normal
				Retirement Age." "Normal Retirement Age" means the age, years of service or
				combination of age and years of service at which a MainePERS member is eligible
				for service retirement benefits that are not subject to reduction.
2. "MainePERS employer." "MainePERS employer"
				means the State of Maine, each Maine school administrative unit, and each
				participating local district (PLD) whether or not the PLD is in the
				Consolidated Plan for PLDs.
3.
				"Employment after retirement with the same employer." "Employment after
				retirement with the same employer" means:
A.
				In all cases, employment after retirement with the MainePERS employer for whom
				a retiree last worked prior to retiring;
B. In the case of a retired State employee or
				retired teacher (as defined in
				 5 MRSA
				§§17001(40) and
				17001(42),
				respectively), employment after retirement as either a State employee or a
				teacher with an MainePERS employer other than the MainePERS employer for whom
				the retiree last worked prior to retiring; or
C. In the case of a participating local
				district (PLD) employee who retires from a PLD in the Consolidated Plan at the
				time of the retiree's retirement, employment with any PLD that is in the
				Consolidated Plan at the time the retiree returns to
				employment.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-3 - Applicability

Current through 2024-29, July 17, 2024
1. In accordance with the applicable time
				periods set out in it, this rule applies to MainePERS members who retire with a
				MainePERS service retirement benefit and who return to employment after
				retirement with the same employer. Where a specific provision of the rule
				modifies this general applicability provision, this provision must be read as
				so modified.
2. In addition to the
				general applicability set out above in 1, this rule applies as follows to
				MainePERS members to whom 5 MRSA §18252(6) applies:
A. To such members who have not reached
				Normal Retirement Age at retirement, all of the provisions of this rule apply,
				and such members may not exercise the election provided in §18252(6) as
				provided therein until they reach Normal Retirement Age; and
B. To such members who have reached Normal
				Retirement Age at retirement, all of the provisions of this rule except Section
				6 apply, and such members may exercise the election under §18252(6) as
				provided therein.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-4 - Waiver and Acknowledgement

Current through 2024-29, July 17, 2024
1. A member who
				terminates employment and at the time of termination is eligible to retire,
				regardless whether the member has reached Normal Retirement Age, may choose:
A. To begin receiving MainePERS retirement
				benefits immediately, in exchange for foregoing additional accrual of service
				credit and possible increase in earnable compensation upon any return to
				employment after retirement with the same employer; or
B. To defer receiving retirement benefits,
				thereby continuing to be eligible to accrue additional service credit and
				possibly to increase earnable compensation upon any return to employment with
				the same employer.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-5 - Bona Fide Termination of Employment

Current through 2024-29, July 17, 2024
1. For a
				member who has not reached Normal Retirement Age to be eligible to receive
				retirement benefits, federal law and rules require that the member have a bona
				fide termination of employment. Every member whose retirement becomes effective
				after the effective date of this rule, and who has not reached Normal
				Retirement Age at retirement, must be able to demonstrate that he/she had a
				bona fide termination of employment prior to retirement. A bona fide
				termination requires the following:
A. The
				member must not return to employment after retirement with the same employer
				for at least 30 calendar days after the termination of employment;
				and
B. At retirement, the member
				must certify to MainePERS that he/she did not have any discussion or
				negotiation prior to his/her termination that resulted in an explicit or
				implicit arrangement or expectation of future employment after retirement with
				the same employer.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-6 - Restrictions on Retirement Benefit Payments

Current through 2024-29, July 17, 2024
1.
				Notwithstanding a bona fide termination of employment, MainePERS is restricted
				by current federal law and rule from paying benefits to a retiree who has not
				reached Normal Retirement Age and who returns to employment after retirement
				with the same employer. For members whose retirement becomes effective after
				the effective date of this rule, the restrictions shall be as follows:
A. When a retiree who has not reached Normal
				Retirement Age returns to employment after retirement with the same employer,
				MainePERS shall suspend the retiree's service retirement benefits, beginning
				the first day of the month following the retiree's return to employment. A
				retiree who returns to employment after retirement with the same employer
				without benefits suspension is responsible for repayment to MainePERS of the
				full amount of any retirement benefits that were subject to suspension but paid
				to the retiree.
B. The benefits
				suspension will remain in effect until the earlier of the retiree's attainment
				of Normal Retirement Age or the retiree's termination of his/her employment
				after retirement with the same employer. If the triggering event is
				termination, the retiree and the employer must each certify to and in the
				manner required by MainePERS that the retiree has terminated
				employment.
C. The benefits will be
				reinstated beginning the first day of the month following the month in which
				the event triggering reinstatement occurs. Monthly benefits paid after
				reinstatement will be increased by an actuarial adjustment accounting for the
				period of suspension.
D. A member
				whose retirement is effective no later than May 3, 2004 is not subject to these
				restrictions. A member whose retirement is effective no later than July 1, 2004
				is not subject to the restrictions if the member has, no later than May 3,
				2004, initiated the retirement process with MainePERS by submitting a written
				request for a service retirement benefits estimate specifying an effective date
				of retirement not later than July 1, 2004.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-7 - Inquiry, Certification and Reporting Requirements

Current through 2024-29, July 17, 2024
1. An employer who provides retirement
				benefits through a MainePERS retirement plan or plans must:
A. Ascertain from records and/or by inquiry
				of the person whether any person employed by the employer is a MainePERS
				retiree who has returned to employment after retirement, regardless whether the
				retiree has reached Normal Retirement Age and regardless whether the retiree's
				retirement became effective before or after the effective date of this rule;
				and
B. Report to, and in the manner
				as required by MainePERS, any such retiree.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 410 - RETIREES RETURNING TO EMPLOYMENT AFTER RETIREMENT WITH THE SAME EMPLOYER › Section 411-410-8 - Compliance

Current through 2024-29, July 17, 2024
Failure by any retiree who has not reached Normal Retirement
				  Age to comply with Section
				  5, Section
				  7(2) or Section
				  7(3) of this rule
				  will result in immediate suspension of the retiree's retirement benefit, if the
				  retiree's noncompliance has prevented a timely suspension of benefits pursuant
				  to Section
				  6 of this rule. The retiree must repay
				  to MainePERS the amount of benefits paid, plus interest on that amount at the
				  rate set by the Board for the purchase of service credit, during the period in
				  which the retiree's benefit should have been suspended. MainePERS will collect
				  the repayment owed from the retiree's retirement benefits whenever the benefits
				  are no longer required to be suspended under Section
				  6. Monthly benefits paid after
				  reinstatement will be decreased by an actuarial adjustment accounting for the
				  overpayment of benefits. Instead of this adjustment, the retiree may elect to
				  repay the amount due by making a lump sum payment of the repayment owed within
				  30 days of being notified by MainePERS that repayment is owed, which amount
				  will not include interest.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 411 - ELIGIBLE ROLLOVER DISTRIBUTIONS › Section 411-411-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Code
. "Code" means the
				Internal Revenue Code of 1986, as amended.
2.
Eligible rollover
				distribution
. "Eligible rollover distribution" means any distribution of
				all or any portion of the balance to the credit of the distributee.
A. Effective January 1, 2002, a portion of a
				distribution will not fail to be an eligible rollover distribution merely
				because the portion consists of after-tax employee contributions that are not
				includible in gross income. However, such portion may be transferred only:
1 to an individual retirement account or
				annuity described in Code Section 408(a) or (b) or to a qualified defined
				contribution plan described in Code Section 401(a), that agrees to separately
				account for amounts so transferred (and earnings thereon), including separately
				accounting for the portion of the distribution that is includible in gross
				income and the portion of the distribution that is not so includible;
2 on or after January 1, 2007, to a qualified
				defined benefit plan described in Code Section 401(a) or to an annuity contract
				described in Code Section 403(b), that agrees to separately account for amounts
				so transferred (and earnings thereon), including separately accounting for the
				portion of the distribution that is includible in gross income and the portion
				of the distribution that is not so includible; or
3 on or after January 1, 2008, to a Roth IRA
				described in Code Section 408A.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 411 - ELIGIBLE ROLLOVER DISTRIBUTIONS › Section 411-411-2 - COMPLIANCE WITH CODE SECTION 401(a)(31) FOR ELIGIBLE ROLLOVER DISTRIBUTIONS

Current through 2024-29, July 17, 2024
For purposes of compliance with Code Section 401(a)(31), this
				  section applies notwithstanding any contrary provision or retirement law that
				  would otherwise limit a distributee's election to make a rollover. A
				  distributee may elect, at the time and in the manner prescribed by the Board of
				  Trustees, to have any portion of an eligible rollover distribution paid
				  directly to an eligible retirement plan specified by the distributee in a
				  direct rollover.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 412 - LIMITATIONS ON COMPENSATION › Section 411-412-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Annual Compensation.
"Annual
				compensation" means compensation during the plan year or the determination
				period.
2.
Code
.
				"Code" means the Internal Revenue Code of 1986, as amended.
3.
Determination Period.
"Determination period" means a consecutive 12-month period over which
				compensation is determined under the plan.
4.
Eligible Member
. "Eligible
				member" means a person who first became a member of a retirement program
				administered by the Maine Public Employees Retirement System prior to July 1,
				1996.
5.
Plan year.
"Plan year" is the fiscal year commencing July 1.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 412 - LIMITATIONS ON COMPENSATION › Section 411-412-2 - COMPLIANCE WITH CODE SECTION 401(a)(17) FOR THE LIMITATIONS ON COMPENSATION

Current through 2024-29, July 17, 2024
1. Effective with
				respect to plan years beginning on and after July 1, 1996, and before July 1,
				2002, the annual compensation of a member that exceeds $150,000 (as adjusted
				for cost-of-living increases under Code Section 401(a)(17)(B) ) shall be
				disregarded for purposes of computing employee and employer contributions to or
				benefits due from the retirement program for any plan year. Effective only for
				the plan year beginning July 1, 1996, in determining the compensation of an
				employee eligible for consideration under this provision, the rules of Code
				Section 414(g)(6) shall apply, except that in applying such rules, the term
				"family" shall include only the spouse of the member and any lineal descendants
				of the employee who have not attained age 19 before the close of the
				year.
2. Effective with respect to
				plan years beginning on and after July 1, 2002, the annual compensation of a
				member that exceeds $200,000 (as adjusted for cost-of-living increases under
				Code Section 401(a)(17)(B) ) may not be taken into account in determining
				benefits or contributions due for any plan year.
A. The cost-of-living adjustment in effect
				for a calendar year applies to annual compensation for the determination period
				that begins with or within such calendar year.
B. If the determination period consists of
				fewer than 12 months, the annual compensation limit is an amount equal to the
				otherwise applicable annual compensation limit multiplied by a fraction, the
				numerator of which is the number of months in the short determination period,
				and the denominator of which is 12.
C. If the compensation for any prior
				determination period is taken into account in determining a member's
				contributions or benefits for the current plan year, the compensation for such
				prior determination period is subject to the applicable annual compensation
				limit in effect for that prior period.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 413 - LIMITATIONS ON CONTRIBUTIONS AND BENEFITS › Section 411-413-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Code
. "Code" means the
				Internal Revenue Code of 1986, as amended.
2.
Limitation Year.
"Limitation
				year" means a calendar year for Code section 415 testing purposes.
3.
Plan year.
"Plan year" is the
				fiscal year commencing July 1.
4.
QDRO.
"QDRO" means qualified domestic relations order, as defined
				in Code Section 414(p).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 413 - LIMITATIONS ON CONTRIBUTIONS AND BENEFITS › Section 411-413-2 - APPLICABILITY

Current through 2024-29, July 17, 2024
Unless otherwise specified, the provisions of this rule
				  pertain only to the application of the limitations on contributions and
				  benefits as required by Section 415 of the Internal Revenue Code. Nothing in
				  this rule is otherwise intended to amend the amount of benefit that a qualified
				  member is eligible to receive under State law.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 413 - LIMITATIONS ON CONTRIBUTIONS AND BENEFITS › Section 411-413-3 - COMPLIANCE WITH CODE SECTION 415 LIMITATIONS ON CONTRIBUTIONS AND BENEFITS

Current through 2024-29, July 17, 2024
1. Notwithstanding any other provisions of
				the retirement program to the contrary, the member contributions paid to and
				retirement benefits paid from each program shall be limited to such extent as
				may be necessary to conform to the requirements of Code Section 415 for a
				qualified pension plan.
2.
Participation in Other Qualified Plans: Aggregation of Limits
A. The 415(b) limit with respect to any
				member who at any time has been a member in any other defined benefit plan as
				defined in Code Section 414(j) maintained by the member's employer in this plan
				shall apply as if the total benefits payable under all such defined benefit
				plans in which the member has been a member were payable from one (1)
				plan.
B. The 415(c) limit with
				respect to any member who at any time has been a member in any other defined
				contribution plan as defined in Code Section 414(i) maintained by the member's
				employer in this plan shall apply as if the total annual additions under all
				such defined contribution plans in which the member has been a member were
				payable from one (1) plan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 414 - REQUIRED MINIMUM DISTRIBUTIONS › Section 411-414-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Code
. "Code" means the
Internal Revenue Code of 1986
, as amended.
2.
Member.
"Member" as used in
				this Chapter means member or retiree, depending on the context.
3.
Required Beginning Date
.
				"Required Beginning Date" means the later of the April 1 following the calendar
				year in which the member attains age 72 (701/2 for members born before July 1,
				1949) or April 1 of the year following the calendar year in which a member
				terminates employment.
4.
QDRO.
"QDRO" means qualified domestic relations order, as defined
				in Code Section 414(p).
5.
Vested.
"Vested" means that the member has met the creditable
				service requirement and/or applicable age requirement for eligibility to
				receive a service retirement benefit from the retirement plan under which the
				member is covered.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 414 - REQUIRED MINIMUM DISTRIBUTIONS › Section 411-414-2 - COMPLIANCE WITH CODE SECTION 401(a)(9) FOR A REQUIRED MINIMUM DISTRIBUTION TO A VESTED MEMBER

Current through 2024-29, July 17, 2024
1. Distribution of a
				service retirement benefit to a vested member must commence no later than the
				Required Beginning Date. If a member fails to apply for a service retirement
				benefit by the Required Beginning Date, the System will begin distribution of
				the monthly service retirement benefit under the benefit option set forth in
				4 M.R.S.A.
				§1357(1),
				5 M.R.S.A. §§
										17804(1) or
				18404(1),
				as applicable to the member based upon the employer at last termination of
				employment before retirement.
A. The effective
				date of a service retirement benefit paid under this subsection is no later
				than April 1 of the year in which the Required Beginning Date occurs.
B. Once a service retirement benefit
				commences to be paid under this subsection, the member may not change the
				benefit option under which the benefit is paid.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 414 - REQUIRED MINIMUM DISTRIBUTIONS › Section 411-414-3 - COMPLIANCE WITH CODE SECTION 401(a)(9) FOR A REQUIRED MINIMUM DISTRIBUTION TO A MEMBER WHO IS NOT VESTED

Current through 2024-29, July 17, 2024
If a member who is not vested and has terminated employment
				  fails to apply for a refund of accumulated contributions by January 1 of the
				  year when the member will attain age 72 (701/2 for members born before July 1,
				  1949), the System will refund the full amount of accumulated contributions to
				  the member. Once a distribution is made under this Section, the member may not
				  change the manner in which the accumulated contributions are
				  distributed.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 414 - REQUIRED MINIMUM DISTRIBUTIONS › Section 411-414-4 - COMPLIANCE WITH CODE SECTION 401(a)(9) FOR A REQUIRED MINIMUM DISTRIBUTION TO A BENEFICIARY OF A VESTED MEMBER

Current through 2024-29, July 17, 2024
If the benefit selection form for a beneficiary of a vested
				  member who has a choice between a lump-sum payment, or a lifetime benefit is
				  not received by MainePERS on or before October 1 of the calendar year following
				  the year of the member's death, the benefit will default to the monthly benefit
				  option as described in
				  5 M.R.S.
				  §17953(5-B) and §
									18553(5-B).
				  The effective date of the monthly benefit will be no later than December 31 of
				  the calendar year following the year of the member's death. Once a distribution
				  is made under this Section, the beneficiary may not change the manner in which
				  the benefits are distributed.
If the sole beneficiary is the member's spouse, the default
				  benefit under this section will be delayed until December 31 of the year the
				  member would have turned 72.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 415 - CONTRIBUTIONS, BENEFITS AND SERVICE CREDIT WITH RESPECT TO QUALIFIED MILITARY SERVICE › Section 411-415-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Code
. "Code" means the
				Internal Revenue Code of 1986, as amended.
2.
Qualified Military Service.
"Qualified Military Service" means any service in the uniformed services
				as defined in USERRA by an individual if such individual is entitled to
				reemployment rights under USERRA with respect to such services.
3.
USERRA.
"USERRA" means the
				Uniformed Services Employment and Reemployment Rights Act of 1994, as codified
				at Chapter 43, Title 38, of the United States Code.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 505 - REQUEST FOR SUSPENSION OF RETIREMENT BENEFITS › Section 411-505-1 - Request for Suspension of Benefit

Current through 2024-29, July 17, 2024
A. The person
				requesting the partial or total suspension of a benefit must be the recipient
				of the benefit.
B. The request for
				partial or total suspension of a benefit must be written and the signature of
				the recipient must be notarized.
C.
				The effective date of the partial or total suspension of a benefit will be the
				date of receipt of written request from the recipient.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 505 - REQUEST FOR SUSPENSION OF RETIREMENT BENEFITS › Section 411-505-2 - Request for Reinstatement of Benefit

Current through 2024-29, July 17, 2024
A. Any request
				for reinstatement of a benefit must be written and the signature of the person
				entitled to the benefit notarized. The request must be filed with the Executive
				Director of the Maine State Retirement System.
B. The effective date of the reinstatement of
				the benefit will be the date of receipt of a written request for
				reinstatement.
C. The benefit to
				which the person is entitled will be paid only from the date of the
				reinstatement forward. The benefit will be increased by any cost of living
				increases granted during the period of suspension. No repayment or partial
				payment of funds will be made for that period of time that the person
				voluntarily suspended or reduced the benefit to which he or she was
				entitled.
D. Upon the death of a
				retiree who had requested the partial or total suspension of a benefit, or at
				any time thereafter, his beneficiary may seek reinstatement of the benefit to
				which the beneficiary is entitled. The benefit, or increased benefit, will be
				payable as of the date of the receipt of the written request for
				reinstatement.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 506 - ELIGIBILITY FOR DISABILITY RETIREMENT BENEFITS › Section 411-506-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Consistent with the person's
				training, education, or experience
. "Consistent with the person's
				training, education, or experience" has the same meaning as "qualified by
				training, education or experience." A member may be qualified by training,
				education, or experience to engage in an activity even if the member has not
				previously engaged in it or has not engaged in it for pay. The fact that the
				member may need additional training for a specific position does not mean that
				the position is inconsistent with the member's training, education, or
				experience.
2.
Continuous
				creditable service
. "Continuous creditable service" means a period of
				membership service that occurs without any break in excess of 30 days. A period
				of leave under the federal Family Medical Leave Act where the member returned
				to the employment position at the end of the leave period does not constitute a
				break in membership service.
3.
Date of incapacity
. "Date of incapacity" means the date when a
				member stopped performing the essential functions of the member's employment
				position due to functional limitations caused by a mental or physical
				condition.
4.
Earnings
. "Earnings" means wages from employment and non-wage net
				income received in return for labor or services, such as received in
				self-employment.
5.
Employment position
. "Employment position" means the position in
				which the member is employed at the time the member becomes incapacitated or a
				position that is made available to the member by the member's employer that is
				of comparable stature and equal or greater compensation and benefits and
				located within a reasonable commuting distance from the member's
				residence.
6.
Existed before
				membership
. A condition "existed before membership" if, as of the
				member's initial membership date, the condition:
A. Had been diagnosed by a health care
				provider;
B. Reasonably should have
				been diagnosed by a health care provider based on the member's medical records
				and symptoms and the results of any additional tests the provider reasonably
				should have requested;
C. Had
				exhibited some, but not all signs and symptoms necessary for a diagnosis, but
				later manifested all such signs and symptoms and was diagnosed; or
D. Was directly caused by another condition
				that was diagnosed or reasonably should have been diagnosed before
				membership.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 506 - ELIGIBILITY FOR DISABILITY RETIREMENT BENEFITS › Section 411-506-2 - INITIAL ELIGIBILITY

Current through 2024-29, July 17, 2024
1. Standards. A
				member is eligible for disability retirement benefits if the member has a
				permanent incapacity while in service, subject to the following additional
				requirements where applicable:
A. If the
				member had less than five years of continuous creditable service as of the
				member's last date in service, the incapacity must not result from a condition
				that existed before membership unless the incapacity has been caused or
				substantially aggravated by an injury or accident received in the line of duty
				from events or circumstances not usually encountered within the scope of the
				member's employment.
(1) Events or
				circumstances are usually encountered within the scope of the member's
				employment if they are described in the job description for the member's
				position or are otherwise typically encountered one or more times during the
				career of a person in a position like the member's.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 506 - ELIGIBILITY FOR DISABILITY RETIREMENT BENEFITS › Section 411-506-3 - REVIEWS FOR CONTINUING ELIGIBILITY

Current through 2024-29, July 17, 2024
1. Scheduling of
				reviews. A disability retiree may be reviewed for continuing eligibility for
				disability retirement benefits in the following circumstances:
A. The retiree has not yet had a
				determination that they are unable to engage in any substantially gainful
				activity for which they are qualified by training, education or experience and
				at least two years have passed since the date of the determination that the
				retiree is eligible for disability retirement benefits; or
B. Earnings or other information about a
				retiree's activities received by MainePERS show that the retiree may have
				capacity to engage in substantial gainful activity and at least one year has
				passed since any previous review.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 510 - REDUCTION OF DISABILITY RETIREMENT BENEFITS BECAUSE OF LUMP-SUM SETTLEMENTS OF BENEFITS PAYABLE UNDER THE WORKERS' COMPENSATION OR SIMILAR LAW OR THE UNITED STATES SOCIAL SECURITY ACT › Section 411-510-2 - APPLICABILITY

Current through 2024-29, July 17, 2024
This Chapter applies to any disability retirement benefit
				  recipient who enters into a lump-sum settlement agreement or otherwise receives
				  a lump sum settlement under the workers' compensation or similar law or the
				  United States Social Security Act for the same disability for which disability
				  retirement benefits were awarded pursuant to a Retirement System
				  plan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 510 - REDUCTION OF DISABILITY RETIREMENT BENEFITS BECAUSE OF LUMP-SUM SETTLEMENTS OF BENEFITS PAYABLE UNDER THE WORKERS' COMPENSATION OR SIMILAR LAW OR THE UNITED STATES SOCIAL SECURITY ACT › Section 411-510-3 - MAKING THE REDUCTION

Current through 2024-29, July 17, 2024
1. When a
				disability retirement benefit recipient enters into a lump-sum settlement
				agreement, the monthly Retirement System disability retirement benefit shall be
				reduced by an amount determined pursuant to the provisions of this
				Chapter.
2. The reduction amount
				determined pursuant to the provisions of this Chapter shall be deducted from
				Retirement System disability retirement benefits payable to the recipient,
				beginning the first day of the month following the effective date of the
				lump-sum settlement. For purposes of this Chapter, the effective date of the
				lump-sum settlement is the date that the settlement agreement is signed by the
				approving authority.
3. That same
				reduction amount determined pursuant to the provisions of this Chapter shall
				continue to be deducted from the monthly disability retirement benefit
				otherwise payable for the length of time that the recipient receives a
				Retirement System disability retirement benefit. If, for periods of time prior
				to the effective date of the lump-sum settlement during which Retirement System
				disability retirement benefits are payable to the recipient, the recipient is
				also paid benefits under the workers' compensation or similar law or the United
				States Social Security Act, subject to the same limitations described in
				Section 1.7, then the
				recipient's disability retirement benefits shall also be reduced by amounts
				equal to those benefits unless the applicable statute bars any reduction or
				requires a smaller reduction.
4.
A. Notwithstanding Section
				3.3, reductions pursuant to this
				Chapter for a recipient who continues to be entitled to receive disability
				retirement benefits pursuant to a Retirement System plan that provides for
				cost-of-living adjustments ("COLAs") shall cease when the sum of the reduction
				amount equals the amount of the lump-sum settlement plus monthly interest on
				the lump-sum balance calculated at the annual rate of four percent
				(4%);
B. Notwithstanding Section
				3.3, reductions pursuant to this
				Chapter for a recipient pursuant to a Retirement System plan that does not
				provide for COLAs shall cease under the same circumstances as for Section
				3.4.A except that monthly interest
				on the lump-sum balance shall be calculated at the annual rate of six percent
				(6%).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 510 - REDUCTION OF DISABILITY RETIREMENT BENEFITS BECAUSE OF LUMP-SUM SETTLEMENTS OF BENEFITS PAYABLE UNDER THE WORKERS' COMPENSATION OR SIMILAR LAW OR THE UNITED STATES SOCIAL SECURITY ACT › Section 411-510-4 - DETERMINING THE REDUCTION AMOUNT, IF ANY

Current through 2024-29, July 17, 2024
1. The
				reduction amount that is to be applied to the recipient's monthly disability
				retirement benefit is determined as follows:
A. For members of the State Employee and
				Teacher, Legislative and Judicial Retirement Program, by subtracting the figure
				representing 80% of average final compensation, converted to a monthly amount
				by dividing by twelve, from the amount represented by the sum of the initial
				disability retirement benefit and actuarial equivalent of the lump sum
				settlement.
B. For members of the
				Participating Local District Retirement Program, by subtracting the figure
				representing 80% of average annual earnings, converted to a monthly amount by
				dividing by twelve, from the amount represented by the sum of the initial
				disability retirement benefit and actuarial equivalent of the lump sum
				settlement.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 510 - REDUCTION OF DISABILITY RETIREMENT BENEFITS BECAUSE OF LUMP-SUM SETTLEMENTS OF BENEFITS PAYABLE UNDER THE WORKERS' COMPENSATION OR SIMILAR LAW OR THE UNITED STATES SOCIAL SECURITY ACT › Section 411-510-5 - DETERMINING THE ANNUITY FACTORS TO BE USED FOR SECTION 4

Current through 2024-29, July 17, 2024
1.
Selecting the Applicable
				Table
. To determine the "annuity factor at age of retirement" or the
				"annuity factor at age at effective date of lump-sum settlement," use Table AA
				of Chapter 303.
NOTE: As of the effective date of this rule, judicial
				  retirement, legislative retirement, and Maine State Retirement System plans for
				  state employees and teachers all include COLAs. Some Participating Local
				  District ("PLD") plans include COLAs and others do not.
2.
Determining the "Annuity Factor for
				Recipient's Age at Retirement
." To determine the "annuity factor for
				recipient's age at retirement," use the applicable Table to locate the annuity
				factor that corresponds to the recipient's attained age as of the first day of
				the first month for which he or she received Retirement System plan disability
				benefits. If the recipient's previous birthday was six months or more prior to
				the first day of the first month for which he or she received Retirement System
				plan disability retirement benefits, then use the recipient's age at his or her
				next birthday to locate the applicable annuity factor.
3.
Determining the "Annuity Factor for
				Recipient's Age at Effective Date of Lump Sum Settlement
. To determine
				the "annuity factor for recipient's age at effective date of lump-sum
				settlement, use the applicable Table to locate the annuity factor that
				corresponds to the recipient's attained age as of the effective date of the
				lump-sum settlement. If the recipient's previous birthday was six months or
				more prior to the effective date of the lump-sum settlement, then use the
				recipient's age at his or her next birthday to locate the applicable annuity
				factor.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 511 - STANDARDS FOR ACTIVELY SEEKING WORK › Section 411-511-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to set out the standards of
				  "actively seeking work" for a person who was awarded disability retirement
				  benefits and for whom a final determination has been made that the person does
				  not meet the requirements for the continuation of disability retirement
				  benefits.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 511 - STANDARDS FOR ACTIVELY SEEKING WORK › Section 411-511-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Actively seeking work status.
"Actively seeking work status" means that a final determination has been made
				that the person no longer meets the requirements for the continuation of
				disability retirement benefits and that the person is able to engage in
				substantially gainful activity. In this status, disability benefits are
				continued until the person has secured substantially gainful activity but only
				so long as the person is actively seeking work.
2.
Substantially gainful activity
				earnings level.
"Substantially gainful activity earnings level" means
				annual earnings that exceed the greater of $20,000 or 80% of average final
				compensation at disability retirement, each adjusted by cost of living
				adjustments if applicable to the member's retirement plan.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 511 - STANDARDS FOR ACTIVELY SEEKING WORK › Section 411-511-3 - STANDARDS

Current through 2024-29, July 17, 2024
1. A person in actively seeking work status
				must:
A. Register with the Maine Department of
				Labor Career Center;
B. Participate
				in all job readiness or job seeking activities recommended by the Career
				Center;
C. Participate at least
				annually in resume preparation and interviewing skills workshops offered by the
				Career Center and submit an updated resume to the Career Center;
D. Maintain a current signed record release
				authorization that allows MainePERS to request and receive information from the
				Career Center and verify any other information submitted pursuant to this
				rule;
E. Apply in person or online
				for at least eight jobs each month with employers who are hiring or otherwise
				accepting applications, at least four of which must result in written
				acknowledgement of receipt of the application; and
F. Do all other activities that a reasonably
				prudent non-incapacitated individual would do to secure work.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 511 - STANDARDS FOR ACTIVELY SEEKING WORK › Section 411-511-4 - DOCUMENTING COMPLIANCE WITH STANDARDS

Current through 2024-29, July 17, 2024
A person in actively seeking work status must demonstrate
				  compliance with the standards set forth in Section
				  3 by submitting, so it is received by
				  the system by the 5th of each month, an accurate, complete and signed report of
				  the following information on forms provided by the system:
1. Verification of eight job applications,
				including date of submission, employer name and address, method of contact, and
				a short statement of the result, and a copy of any internet posting,
				advertisement or Career Center printout that led to submission of the
				application;
2. A copy of four
				written acknowledgements of receipt of job applications detailed under
				subsection 1, which written confirmation may include an email response, a
				computer generated acknowledgement, a letter, or a signed system employer
				contact form;
3. Information
				pertaining to any job offer that the person has received and refused, including
				a detailed explanation for any such refusal;
4. Verification of the source and amount of
				any earnings, remuneration or other compensation from any employment,
				self-employment, commission sales, or other income for the previous
				month;
5. Verification of any
				change in name, address or telephone number; and
6. In the report submitted in January of each
				year, verification of any classes completed with the Career Center in the past
				year and verification that the person has submitted an updated resume to the
				Career Center.