reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 802 - PARTICIPATING LOCAL DISTRICTS: MEMBERSHIP FOR PART-TIME, SEASONAL OR TEMPORARY EMPLOYEES › Section 411-802-3 - Definitions

Current through 2024-29, July 17, 2024
A. Board. "Board" means the Board of Trustees
				of the Maine State Retirement System.
B. Participating local district.
				"Participating local district" means a local district which has approved the
				participation of its employees in the Retirement System under § 18201.
C. Part-time, seasonal or temporary
				employee. "Part-time, seasonal or temporary employee", means an employee whose
				employment position is part-time, seasonal or temporary as defined in 26 CFR
				Part 31, attached to this rule as an Appendix.
D. PL 1991, c. 619. " PL 1991, c. 619" means,
				for purposes of section
				5 and section
				6 of this Chapter, those provisions of
				PL 1991, c. 619 which could grant benefits to the employees of participating
				local districts.
E. System.
				"System" means the Maine State Retirement System.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 802 - PARTICIPATING LOCAL DISTRICTS: MEMBERSHIP FOR PART-TIME, SEASONAL OR TEMPORARY EMPLOYEES › Section 411-802-4 - Applicability"

Current through 2024-29, July 17, 2024
This Chapter applies to all participating local districts,
				  regardless whether they have Section 218 agreements, and as of January 1, 1992,
				  governs membership in the System by part-time, seasonal or temporary employees
				  of the districts.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 802 - PARTICIPATING LOCAL DISTRICTS: MEMBERSHIP FOR PART-TIME, SEASONAL OR TEMPORARY EMPLOYEES › Section 411-802-5 - Participating Local Districts Without 218 Agreements

Current through 2024-29, July 17, 2024
A participating local district which does not have a Section
				  218 agreement may:
A. Adopt PL 1991,
				c. 619 for all Part-time, seasonal or temporary employees. A district may adopt
				PL 1991, c. 619 for all of its part-time, seasonal or temporary employees who
				were employees of the district on December 31, 1991, and all part-time,
				seasonal or temporary employees hired on or after January 1, 1992 by filing
				with the Board a certified copy of the vote of the body entitled to approve
				participation in the System. All of the district's part-time, seasonal or
				temporary employees must be members of the System.
B. Adopt PL 1991, c. 619 for employees who
				were part-time, seasonal or temporary employees of the district on December 31,
				1991. A participating local district may adopt PL 1991, c. 619 only for those
				part-time, seasonal or temporary employees who were employees of the district
				on December 31, 1991, by filing with the Board a certified copy of the vote of
				the body entitled to approve participation in the System. All of the district's
				part-time, seasonal or temporary employees who were employees of the district
				on December 31, 1991, must be members of the Retirement System. Part-time,
				seasonal or temporary employees hired by the district after December 31, 1991,
				may not become members of the System.
NOTE: A district must also meet the requirements of Federal
				  Social Security law and IRS rules for part-time, seasonal or temporary
				  employees hired after December 31, 1991.
C. Decline to adopt PL 1991, c. 619. A
				participating local district may decline to adopt the provisions of PL 1991, c.
				619 by filing with the Board a certified copy of the vote of the body entitled
				to approve participation in the System.
(1) A
				person who was a part-time, seasonal or temporary employee of the district on
				December 31, 1991, who was a member of the System on December 31, 1991 and who
				first became a member before July 1, 1991 may elect to withdraw from the
				System, as follows:
a. The district must give
				written notice to each such employee of the employee's right to withdraw from
				membership.
b. The employee must
				give written notice to the district that s/he elects to withdraw from
				membership.
c. The district must
				transmit each employee's written notice of election to withdraw to the System
				no later than September 1, 1992.
d.
				All elections to withdraw are effective as of January 1, 1992 and are final.
				The System will refund the contributions of each employee who elects to
				withdraw.
e. An employee who does
				not elect to withdraw continues to be a member under the System's statutes
				without the amendments made by PL 1991, c. 619 and may not later withdraw under
				this Chapter.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Local District
. "Local
				district" means:
A. Any county, municipality,
				quasi-municipal corporation or incorporated instrumentality of the State or of
				one or more of its political subdivisions;
B. Any incorporated association of employees
				of the State or employees of any of the entities set out in paragraph
				A;
C. Any incorporated association
				of any of the entities set out in paragraph A;
D. Any entity eligible to become a
				participating local district before January 1, 1976;
E. Any entity participating in the Retirement
				System before January 1, 1976; or F. Any educational institution in the State
				teaching courses equivalent to or higher than secondary institutions.
G. Any public charter school, as authorized
				by Title 20-A, chapter 112.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-2 - LOCAL DISTRICT PARTICIPATION

Current through 2024-29, July 17, 2024
1.
Participating Local District Election
. Before July 1, 1996, the
				executive body or legislative body of each local district that is a
				participating local district under 5 M.R.S., Chapter 425 (§
									18201
et seq
.)
				must, by resolution or order, elect one of the following options. Failure to
				make an election will have the same effect as electing paragraph B.
A.
To Join The Plan
. A
				participating local district may elect to participate in The Plan in accordance
				with the requirements of 5 M.R.S. §
										18804. Upon receipt of the
				certified copy of the resolution or order and record of the vote, the Executive
				Director shall prepare an agreement, to be signed by the authorized
				representative of the district and the Executive Director, specifying the parts
				of The Plan applicable to the district and the duties and rights of the
				district and the Retirement System. The resolution or order shall include:
(1) Approval of the participation in The
				Plan;
(2) The regular service
				retirement benefit plan and, if applicable, the special service retirement
				benefit plan elected from those provided by this chapter for the district's
				employees; and
(3) The name or
				title of the person authorized to sign the agreement on behalf of the local
				district.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-6 - CREDITABLE SERVICE

Current through 2024-29, July 17, 2024
1.
Determination of Service Credits
. The determination of service
				credits for members under The Plan is subject to Chapter 401 (94-411 CMR 401)
				of the rules of the Board.
2.
Prior Service
; Service Before Effective Date of District's
				Participation. Service credit for service as an employee of a local district
				before the beginning date of the participation of the employees of a
				participating local district in the Retirement System shall be granted upon
				certification by the district, subject to limitations in the district's
				agreement as provided by Section
				2, subsection
				2, paragraph D and statutes and rules
				in effect at the time the service was rendered.
3.
Former Member
A.
Member who Terminated
				Service
. Upon complete payment of the withdrawn contributions under
				Section 5, subsection
				1, paragraph B, a member shall be
				granted service credit for the period of time for which the contributions have
				been repaid. Upon making partial payment of the withdrawn contributions under
				Section 5, the member
				shall be granted service credit on a pro rata basis in accordance with rules
				adopted by the Board.
B.
Service Not under The Plan
. Upon complete payment of the
				contributions under Section
				5, subsection
				1, paragraph C, a member shall be
				granted service credit for the period of time for which the contributions have
				been paid. Upon making partial payment of the contributions under Section
				5, the member shall be granted
				service credit on a pro rata basis in accordance with rules adopted by the
				Board.
C.
Contributions
				Withdrawn by Employees Not Covered by Social Security
. The granting of
				creditable service upon repayment of contributions, under section
				5, subsection
				1, paragraph E, that were withdrawn
				by a member who is an employee of a participating local district that is not
				covered under a Social Security Section
				218 agreement but that has a plan
				that meets the requirements of 5 M.R.S. §
										18252-B is subject to the
				provisions of 5 M.R.S. §
										18252-A as amended by
				PL
				2021, c. 90.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-7 - REGULAR SERVICE RETIREMENT BENEFIT PLANS

Current through 2024-29, July 17, 2024
Payment of benefits to members under The Plan is subject to
				  the provisions of 5 M.R.S. §§
									18403 - 18405-A, 18409 -
				  18413.
1.
Regular Benefit Plan
				AC
. Regular Benefit Plan AC may be elected by any participating local
				district or local district.
A.
Contribution Rate
. Subject to Section
				15, subsection
				1, and the rate caps under Section
				9, employer and employee
				contributions shall be set annually by the Board based on the recommendations
				of the System's actuary in accordance with the following:
(1) The Plan's unfunded actuarial liability
				as of June 30, 2018, shall be paid in an actuarially sound manner and allocated
				between the employer and employee in a ratio approved by the Board based on the
				recommendation of the Participating Local District Advisory
				Committee;
(2) Any Plan unfunded
				actuarial liability created beginning July 1, 2018, shall be paid through
				employer and employee contributions allocated 58% to the employer and 42% to
				the employee;
(3) The normal cost
				shall be paid through employer and employee contributions allocated 58% to the
				employer and 42% to the employee.; and
(4) Rates shall reflect any differences in
				actuarial assumptions and experience and shall be based on whether the member
				is subject to paragraphs B or B-1.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-8 - SPECIAL SERVICE RETIREMENT BENEFIT PLANS

Current through 2024-29, July 17, 2024
Payment of benefits to members under The Plan is subject to
				  the provisions of 5 M.R.S. §§
									18403 - 18405-A, 18409-18413. If,
				  upon electing to participate in The Plan, a participating local district elects
				  a special benefit plan other than the special benefit plan that a member is
				  then covered under, the member may elect to continue under the special benefit
				  plan under which the member is then covered. The member's election must be made
				  as of the date on which the district's participation in The Plan begins and may
				  not be changed thereafter. Members having membership service under special
				  plans prior to July 1, 1977, are entitled to the alternative benefit
				  computation based on that service in accordance with the applicable provision
				  of 5 M.R.S. §
									18453. A member who does not
				  qualify to retire under a special service retirement plan may retire under a
				  regular service retirement plan at any time after the member qualifies under
				  Section 7. The service
				  retirement benefit for all service is computed as provided in Section
				  7.
1.
Special Benefit Plan 1C
.
				Special Benefit Plan 1C may be elected by any participating local district or
				local district for police officers, firefighters, sheriffs, full-time deputy
				sheriffs, county corrections employees who are employed at a county jail and
				whose duties include contact with prisoners or juvenile detainees, and
				emergency medical services persons as defined in Title 32 M.R.S. §
									83, sub-§
									12, including but not limited to
				first responders, emergency medical technicians, advanced emergency medical
				technicians and paramedics.
A.
Contribution Rate
. Subject to Section
				15, subsection
				1, and to the rate caps under Section
				9, employer and employee
				contributions shall be set annually by the Board based on the recommendations
				of the System's actuary in accordance with the following:
(1) The Plan's unfunded actuarial liability
				as of June 30, 2018, shall be paid in an actuarially sound manner and allocated
				between the employer and employee in a ratio approved by the Board based on the
				recommendation of the Participating Local District Advisory
				Committee;
(2) Any Plan unfunded
				actuarial liability created beginning July 1, 2018, shall be paid through
				employer and employee contributions allocated 58% to the employer and
				4 2% to the employee; and
(3) The normal cost shall be paid through
				employer and employee contributions allocated 58% to the employer and 42% to
				the employee.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-9 - COST OF LIVING ADJUSTMENTS; CONTRIBUTION CAPS

Current through 2024-29, July 17, 2024
1.
Cost of Living Adjustments.
Subject to subsections
				2,
				3 and
				4, the cost-of-living adjustment
				shall be determined as follows.
A. Except as
				provided in subsections
				2,
				3 and
				4, whenever there is a percentage
				increase in the Consumer Price Index from July
				1 of the previous year to June 30 of
				the current year, the Board shall automatically make an equal percentage
				increase in retirement benefits, beginning in September, up to a maximum annual
				increase of 2.5%.
B. If there is a
				percentage decrease in the Consumer Price Index from July
				1 st to June 30th, the Board shall
				set the percentage change at 0% for that September. The adjustment for the
				following year must be set based on the actuarially compounded Consumer Price
				Index for both years in a cost-neutral manner. If the Consumer Price Index in
				the subsequent year or years is not sufficient to allow for the adjustment to
				be cost-neutral for the 2 years, then the adjustment needed for cost-neutrality
				must continue to be applied to following years until such time as the
				cost-neutrality requirement is met.
C. The Board shall determine the costs of the
				adjustments under this Section and shall include those costs in the annual
				valuation.
D. Cost-of-living
				adjustments under this Section shall be applied to the retirement benefits of
				retirees as follows:
(1) For retirees who
				retire prior to September 1, 2019, a cost-of-living adjustment is applied if
				the retiree has been retired for at least 12 months before the date that the
				adjustment becomes payable.
(2) For
				retirees who retire on or after September 1, 2019, a cost-of-living adjustment
				is applied if the retiree has been retired for at least 24 months before the
				date that the adjustment becomes payable. Beneficiaries of deceased retirees
				shall be eligible for the cost-of-living adjustment at the same time the
				deceased retiree would have become eligible.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-10 - DISABILITY BENEFITS

Current through 2024-29, July 17, 2024
1.
Members of
				The Plan
. Disability retirement benefits for members under The Plan are
				subject to 5 M.R.S., Chapter 425, subchapter V,
Benefits
,
				Article 3-A,
Disability Retirement Benefits After September 30,
				1989
, except section
				18534.
2.
Election Regarding Age-limit or
				No-age-limit Disability
. The election made by each member under
				PL
				1991, c. 887 whether to be covered under age-limit
				or no-age-limit disability remains in effect after a member's participation in
				The Plan begins. Depending upon a member's election, the member is covered
				under the age-limit or no-age-limit version of the disability plan specified in
				this Section.
3.
Current
				Recipients of Disability Benefits
. After having begun to participate in
				The Plan, a participating local district which before participating in The Plan
				did not have as part of its plan 5 M.R.S., Chapter 425, subchapter V,
Benefits
, Article 3-A,
Disability Retirement Benefits
				After September 30, 1989
, may elect to adopt 5 M.R.S. §
									18534, thereby allowing its former
				employees who are recipients of disability retirement benefits under prior law
				the option of being governed by disability retirement provisions applicable to
				members under The Plan. Any former employee of a district which adopts §
									18534 who is a recipient of a
				disability retirement benefit under 5 M.R.S., Article 3, as in effect
				immediately before October 1, 1989, or under section
				1122 of the former retirement
				system law, as in effect immediately before July 1, 1977, may elect to be
				governed by 5 M.R.S., Chapter 425, subchapter V,
Benefits
,
				Article 3-A, by making written application to the executive director within 6
				months after adoption of this provision by the participating local district. If
				the disability retirement benefit recipient makes the election, Article 3-A
				shall apply from the date of the recipient's original eligibility for
				disability retirement, but any increase in benefits may only be granted from
				the date of election by the recipient. The district's adoption and the
				recipient's election are irrevocable. The additional liability resulting from
				the adoption of this provision will be included in the district's Additional
				Unpooled Unfunded Actuarial Liability.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-11 - ORDINARY DEATH BENEFITS

Current through 2024-29, July 17, 2024
Ordinary death benefits for members under The Plan are
				  subject to 5 M.R.S., Chapter 425, subchapter V,
Benefits
,
				  Article 4,
Ordinary Death Benefits
.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-12 - ACCIDENTAL DEATH BENEFITS

Current through 2024-29, July 17, 2024
1.
Definitions
. As used in this section, unless the context otherwise
				indicates, the following terms have the following meanings.
A.
Professional firefighter
.
				"Professional firefighter" means an employee of a municipal fire department who
				is a member of the Participating Local District Retirement Program or who is a
				participating member under chapter 425 and who aids in the extinguishment of
				fires, whether or not the employee has other administrative duties.
B.
Qualifying member
.
				"Qualifying member" means:
(1) A member who
				dies as a result of an injury arising out of and in the course of employment as
				an employee;
(2) After October 31,
				2004, an active member who is a professional firefighter who dies as a result
				of an injury or disease as described in Title 39-A, section
				328 if the injury or disease that
				causes the death is the result of a condition that develops within 30 days of
				the active member's participating in firefighting or training or a drill that
				involves firefighting. If the professional firefighter dies after 30 days but
				within 6 months of participating in firefighting or training or a drill that
				involves firefighting, there is a rebuttable presumption that the death is the
				result of an injury arising out of and in the course of employment as a
				professional firefighter; or
(3) A
				former member receiving a disability retirement benefit who dies as a result of
				an injury arising out of and in the course of employment as an
				employee.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-14 - RETIRING AND RETURNING TO WORK

Current through 2024-29, July 17, 2024
If a person who is a recipient of a service retirement
				  benefit under The Plan returns to employment by a participating local district
				  of The Plan in a position for which membership would be mandatory or optional
				  for a new hire, the person continues to receive the service retirement benefit
				  and does not re-enter The Plan as a member. During the period that a retiree is
				  returned to employment, contributions must be remitted to the System by the
				  participating local district in the amount of the greater of (i) 5% of the
				  person's earnable compensation, or (ii) the equivalent of employer and employee
				  unfunded actuarial liability contributions at the aggregate rate on the
				  person's earnable compensation. For purposes of this section, earnable
				  compensation does not include Workers' Compensation earnings paid to the
				  person.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN › Section 411-803-15 - TRANSITION

Current through 2024-29, July 17, 2024
1.
Rates.
Employer and employee
				rates for July 1, 2018, through June 30, 2019, shall be the rates set under
				this Rule prior to the amendment effective July 1, 2018. The transition from
				those rates to the rates calculated pursuant to Sections
				7 and
				8 shall be accomplished by smoothing
				in the new rates over an actuarially sound period.
2.
Unused Sick Leave or Vacation
				Leave.
Section
				6, subsection
				7, applies to those with a retirement
				effectiveness date on or after August 1, 2019.
3.
Retiring and Returning to
				Work.
Section
				14 does not apply to a retiree
				employed by a participating local district on October 1, 2018, until the
				earlier of termination of employment or June 30, 2021.
4.
Membership Election.
The
				one-time election to join The Plan by November 1, 2021 under
				PL
				2021, c. 286, §
									6 applies only to employees of
				participating local districts who specifically adopt that provision in their
				participation agreement prior to November 1, 2021, or at the next meeting of
				the participating local district's executive or legislative body, whichever is
				later. For participating local districts adopting the provision on or after
				November 1, 2021, the one-time election date shall be such later date stated in
				the amended participation agreement.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 804 - REBUTTABLE PRESUMPTION FOR DEATH BENEFITS › Section 411-804-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
All terms used in this Chapter, unless the context otherwise
				  indicates, shall have the same definitions as in
				   5 M.R.S.A.
				  §§17001 and
				  18601.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 804 - REBUTTABLE PRESUMPTION FOR DEATH BENEFITS › Section 411-804-2 - PRESUMPTION

Current through 2024-29, July 17, 2024
If a professional firefighter dies of cardiovascular injury
				  or disease or pulmonary disease after 30 days but within 6 months of
				  participating in firefighting or training or a drill that involves
				  firefighting, there is a rebuttable presumption that the death is the result of
				  an injury arising out of and the course of employment.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 804 - REBUTTABLE PRESUMPTION FOR DEATH BENEFITS › Section 411-804-3 - STANDARDS

Current through 2024-29, July 17, 2024
In order to qualify for the presumption set forth in Section
				  2, the following standards must be
				  met:
1. At the time of or during the
				time of employment as a firefighter, the firefighter must have undergone a
				standard, medically acceptable test for evidence of the injury or disease for
				which the presumption is sought, which test failed to indicate the presence of
				the injury or disease.
2. The
				injury or disease must not have been substantially caused by any act or
				behavior of the firefighter outside the scope of his or her
				employment.
3. The family history
				of the firefighter must not have constituted a substantial contributing factor
				in the injury or disease.
4.
				Immediately prior to death, the firefighter must not have been engaged in
				activity that constituted a substantial contributing factor in the death of the
				firefighter.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 804 - REBUTTABLE PRESUMPTION FOR DEATH BENEFITS › Section 411-804-4 - REQUIRED INFORMATION

Current through 2024-29, July 17, 2024
A person seeking to establish the qualification of the
				  deceased member to death benefits hereunder shall provide information to the
				  System sufficient to support the determination.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 804 - REBUTTABLE PRESUMPTION FOR DEATH BENEFITS › Section 411-804-5 - MEDICAL BOARD REVIEW

Current through 2024-29, July 17, 2024
The System will consult with the Medical Board prior to
				  making the determination as to whether the death of the firefighter was
				  job-related.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 804 - REBUTTABLE PRESUMPTION FOR DEATH BENEFITS › Section 411-804-6 - APPEAL OF DECISION

Current through 2024-29, July 17, 2024
Decisions under this rule can be appealed under the
				  provisions of
				   5 M.R.S.A.
				  Section17451.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 901 - ADJUSTMENT TO RETIREMENT BENEFITS FOR CONFIDENTIAL STATE EMPLOYEES › Section 411-901-1 - Adjustment Schedule

Current through 2024-29, July 17, 2024
1. Adjustment
				Schedule
Adjustments shall be made to the average final compensation
				  of confidential state employees who retire after January 1, 1986 according to
				  the following schedule:
Date
Factor
January 1986
1.013
February 1986
1.012
March 1986
1.012
April 1986
1.011
May 1986
1.010
June 1986
1.009
July 1986
1.008
August 1986
1.007
September 1986
1.006
October 1986
1.005
November 1986
1.004
December 1986
1.003
January 1987
1.003
February 1987
1.002
March 1987
1.001
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-1 - Scope

Current through 2024-29, July 17, 2024
Section
				  1 though 13 of these regulations shall
				  apply to applications filed with the Saco River Corridor Commission
				  (hereinafter called the Commission) for permits required under Section 959,
				  variances from performance standards under Section 963, and special use
				  variances under Section 963-A of the Saco River Corridor Act (hereinafter
				  referred to as the "Act"), Title
				   38 M.R.S.A.
				  Section951 et seq. Regulations regarding
				  Certificates of Compliance as authorized under Section 954-C. of the Act are
				  presented in Section
				  7 through
				  13 of these regulations.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-2 - Application, Application Fee

Current through 2024-29, July 17, 2024
A. Two (2) written
				copies of each application shall be submitted in a form approved by the
				Commission and shall be accompanied by such fees as may be established by the
				Commission.
B. Applications may be
				required to include at the discretion of the Commission the following
				information:
(1) Identification of
				applicant;
(2) Right, title, and
				interest of the applicant in the subject property;
(3) Identification of landowner;
(4) Description and purpose of proposed
				activity;
(5) Other approvals
				required and action taken to obtain such approval;
(6) Site data indicating existing site
				conditions;
(7) Site data
				indicating all proposed structures and alterations to the site;
(8) Information to indicate the impact of the
				project on the site;
(9) Proposed
				measures to minimize the adverse effect on the environment;
(10) Information to show how utilities are to
				be provided;
(11) Proposed dates of
				commencement and completion;
(12)
				Plans for future expansion beyond those presented in the application, if
				any;
(13) Ownership of the subject
				property and abutting property as of March 19, 1974;
(14) Information to show the applicant has
				the technical ability and financial capacity to complete the undertaking.
The Commission may require such additional information from
				  an applicant as it deems necessary to determine whether the proposed use will
				  meet the requirements of the Act; or, if a variance is being requested under
				  Section 963 or 963-A. of the Act, information specifically addressing the
				  factors surrounding the applicant's assertion of the need for a variance. Such
				  additional information may include, but is not limited to, topographic or other
				  information regarding the unique physical aspects of the property and financial
				  information which demonstrates any claimed economic hardship imposed by the
				  performance standard(s) form which the applicant is seeking a variance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-3 - Notice of Application

Current through 2024-29, July 17, 2024
A. Prior to or at
				the time of filing an application under these regulations, the applicant shall
				submit to the Commission a copy of a notice in the form prescribed by the
				Commission together with proof that he/she has provided such notice to:
(1) The chief municipal officer and the
				planning board of the municipality wherein the proposed activity is to
				occur;
(2) Organizations qualified
				under Section 966-A of the Act;
(3)
				Owners of land within the corridor which is either within 500 feet of the
				proposed land use activity or which abuts the property on which the proposed
				land use will occur.
Proof of notice shall be appropriate certificates of mailing,
				  postal receipts, or dated signature of the party to be notified. Such notice
				  shall state the date upon which the application is to be filed with the
				  Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-4 - Initial Decision

Current through 2024-29, July 17, 2024
Within sixty (60) days of the date that an application for a
				  permit, variance, or special use variance is properly completed, the Commission
				  shall render a written decision on such application (1) denying the
				  application, (2) granting the application with such conditions as the
				  Commission deems necessary, or (3) ordering a public hearing.
Should the Commission be evenly divided as to whether to
				  approve or deny the application, such a vote shall have the effect of denying
				  the application.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-5 - Reconsideration and Final Decision

Current through 2024-29, July 17, 2024
A. Within thirty
				(30) days of the date of issuance of a written decision of the Commission which
				decision was made without a hearing, any person aggrieved by the decision may
				file a petition for reconsideration with the Commission. Such petition shall be
				filed with the Commission at its office and shall set forth, in detail, the
				findings, conclusions, or conditions to which such applicant or aggrieved
				person objects, the basis for such objections and the nature of the relief
				requested. It shall be the responsibility of the petitioner to see that the
				request for reconsideration is received by the Commission on or before the date
				specified in notices required by Section 5B.
B. Notice of such request shall be provided
				in the same manner as the notice required under Section 3 of these
				regulations.
C. The Commission
				shall, within sixty (60) days of receipt of a petition for reconsideration,
				provide the petitioner with the opportunity to appear before the Commission to
				present evidence and answer questions with regard to his or her petition. The
				Commission shall either (1) affirm its original decision; (2) grant the
				petition in whole or in part and issue such appropriate orders as are
				necessary; or (3) order a public hearing on the application.
D. No appeal pursuant to Section 968 of the
				Act shall be taken from a decision of the Commission which decision was made
				without a hearing, until the applicant or other aggrieved person has made a
				request for reconsideration and the Commission has made a final determination
				on the merits of the application.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-6 - Reapplication

Current through 2024-29, July 17, 2024
If the Commission denies an application for a permit or
				  variance, a second application substantially the same as the first may not be
				  entertained by the Commission within two years of the date of the Commission's
				  final written decision denying the application unless the Commission has
				  determined that a substantial change in conditions has occurred or that other
				  consideration materially affecting the merit of the subject matter have
				  intervened between the time of the written denial and the subsequent
				  application.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-7 - Hearings

Current through 2024-29, July 17, 2024
In the event that the Commission determines to hold a public
				  hearing it shall hold such hearing within sixty (60) days of such
				  determination. Notice of such hearing shall be made in accordance with the
				  rules of the Commission. Within sixty (60) days of the close of such hearing,
				  the Commission shall make written findings and issue an order on the
				  application. Hearings under these regulations shall be conducted in accordance
				  with regulations established by the Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-8 - Inspection and Compliance

Current through 2024-29, July 17, 2024
Commission members, staff, and such consultant personnel and
				  municipal officials as may be designated by the Executive Director shall have
				  access to the premises of an applicant at any reasonable time for the purpose
				  of inspecting the proposed site or insuring compliance with conditions of any
				  permit, variance, or certificate of compliance issued pursuant to these
				  regulations.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-9 - Change in Ownership

Current through 2024-29, July 17, 2024
After the issuance of any permit or variance but prior to the
				  issuance of a certificate of compliance, where one is required, the applicant
				  or his or her successor in interest shall notify the Commission of any change
				  in ownership of the premises on which the proposed land use activity is to
				  occur. Where a certificate of compliance is not required by the conditions of a
				  permit or variance, the applicant or his successor in ownership shall notify
				  the Commission of any change in ownership of the premises on which the proposed
				  land use activity is to occur prior to the expiration date of the permit or
				  variance.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-10 - Certificates of Compliance

Current through 2024-29, July 17, 2024
A. The Commission
				may require the applicant to apply for and obtain a certificate of compliance
				prior to the use or occupancy of any structure or development for which a
				permit or variance has been issued. When such a requirement is deemed necessary
				by the Commission, it shall be set forth as a condition in the permit or
				variance issued by the Commission. The Commission staff may issue such
				certificates, which shall be granted within thirty (30) days of a showing by
				the applicant that: (1) the structure or development conforms with the
				specifications, plans, or other information upon which the permit was granted;
				(2) all applicable conditions to the permit granted by the Commission have been
				met.
A certificate of compliance may contain such continuing
				  conditions as required by the permit or as may be established by the Commission
				  in accordance with the provisions of the Act. Any person aggrieved by a
				  decision of the staff with regard to a certificate of compliance shall have the
				  right to review of such decision by the Commission within thirty (30) days of
				  the decision, provided that a request for such review is filed with the
				  Commission within ten (10) days of the staff's decision. It shall be unlawful
				  to use or occupy a structure or development prior to the issuance of a
				  certificate of compliance where one is required by the Conditions of a permit
				  or variance.
B.
				Notwithstanding the requirements of paragraph A, a temporary certificate of
				compliance with conditions may be issued at the discretion of the Commission
				staff upon a showing by the applicant that he or she has substantially
				conformed to Section A.1 and A.2.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-11 - Miscellaneous

Current through 2024-29, July 17, 2024
Any permit or variance or certificate of compliance granted
				  in part or in whole upon the basis of any information which is false or
				  misleading shall be null and void. All rights and obligation of the Commission,
				  including all functions relating to the processing of applications under these
				  regulations, may be performed by the Executive Director or his or her
				  subordinate, under the general supervision and control of the Commission,
				  except the granting or denial of permits or variances under these
				  regulations.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-12 - Fees

Current through 2024-29, July 17, 2024
Fees for permits, variances, and certificates of compliance
				  shall be payable to the Commission in accordance with its schedule of
				  fees.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 101 - REGULATIONS FOR THE PROCESSING OF APPLICATIONS FOR PERMITS, VARIANCES, OR CERTIFICATES OF COMPLIANCE › Section 412-101-13 - Burden of Proof

Current through 2024-29, July 17, 2024
An applicant for any permit, variance, or certificate of
				  compliance or a petitioner for reconsideration under these regulations shall
				  have the burden of proof, unless otherwise provided by law or
				  regulation.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 102 - STANDARD CONDITIONS OF APPROVAL › Section 412-102-1 - Scope

Current through 2024-29, July 17, 2024
The following standard conditions shall apply to all permits
				  and variances issued by the Saco River Corridor Commission, unless otherwise
				  stated in the permit or variance, or in the special conditions attached
				  thereto.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 102 - STANDARD CONDITIONS OF APPROVAL › Section 412-102-2 - Standard Conditions of Approval

Current through 2024-29, July 17, 2024
A. The applicant
				shall take all necessary measures consistent with this permit to ensure that
				his/her activities or those of his/her agents do not result in significant
				erosion of soils on the site during construction and operation of the project
				covered by this approval.
B. On
				waterfront property within the Saco River corridor, in order to assure that
				there is protection of water quality and wildlife habitat and to avoid any
				unreasonable visual impacts associated with development, there shall be no
				removal of live trees or other vegetation in the area within 75 horizontal feet
				of the normal or mean high water line, except as follows:
(1) A walkway for public use, running
				parallel to the water body and not to exceed ten feet in width, may be approved
				pursuant to an application and issuance of a permit. The walkway should be of
				natural and well-drained material. Impervious surfaces may be allowed in
				special circumstances. This standard will only apply in areas designated as a
				General Development District prior to September 1, 1983, unless the pertinent
				municipal ordinance is more restrictive.
(2) A footpath not to exceed six feet in
				width as measured between tree trunks may be established, with the issuance of
				a permit, provided that the path meanders and does not create a cleared line of
				sight to the water.
(3) Selective
				cutting of trees within the buffer strip may be undertaken provided that a
				well-distributed stand of trees and other vegetation is maintained. In no
				instance shall trees be removed where such removal would result in fewer than
				three trees in any 20 x 20 foot (400 square foot) area. Pruning of tree
				branches on the bottom one-third of the tree is permitted, as is the removal of
				dead, diseased, or storm-damaged trees if such trees create a safety hazard to
				persons or property. These provisions notwithstanding, in no instance shall
				there be removal of more than 40% of the total volume of trees four inches or
				more in diameter, as measured at four and a half feet above ground level, in
				any ten-year period.
(4) Existing
				vegetation under three feet in height and other ground cover shall not be
				removed except to provide for a footpath as described above or unless the
				applicant has applied for and received additional approval from the commission
				to develop access for other permitted uses requiring access to the
				water.
(5) The applicant shall
				consult local shoreland zoning requirements regarding clearing in the shoreland
				zone and shall comply with all state and local standards in addition to those
				outlined above. Where there is a conflict among such standards, the more
				restrictive provisions shall apply.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 103 - STANDARDS TO ADDRESS THE ENVIRONMENTAL FACTORS › Section 412-103-1 - Scope

Current through 2024-29, July 17, 2024
In any application for a permit or variance, the Commission
				  must give consideration to the requirements for granting permits/variances as
				  enumerated in 38 M.R.S.A. Section
				  957-D.1.A.-K.; 959-A.1.A.-K.; and
				  963.1.C.(1)-(11). Where any of the factors is legitimately at issue, the
				  following minimum standards shall apply.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 103 - STANDARDS TO ADDRESS THE ENVIRONMENTAL FACTORS › Section 412-103-2 - Standards to Address the Environmental Factors

Current through 2024-29, July 17, 2024
A.
				To show no unreasonable degradation of air and water quality, the applicant
				shall demonstrate that:
(1) The proposed use
				either requires no State Air Emissions License or that one has or will be
				obtained;
(2) The proposed
				development activities will not create unpleasant odors detectable at any lot
				line or create any smoke or dust which is incompatible with the character of
				the area in which the use is to be located;
(3) The proposed use, both during
				construction and after completion, will not result in water quality degradation
				as the result of increased surface water runoff, erosion, or sedimentation. The
				applicant shall demonstrate that buffer strips or other measures to control
				surface runoff from the site are adequate to assure that there will be no
				measurable increase in runoff from the site, nor any resultant erosion or
				sedimentation;
(4) The proposed use
				will not result in any direct discharge to surface waters within the Saco River
				Corridor which discharge is unlicensed or unlicensable by the Maine Board of
				Environmental Protection;
(5) The
				proposed use will not result in the degradation of ground water supplies;
				and
(6) Systems of subsurface
				sewage disposal will be installed in accordance with current
Maine
				Plumbing Code
requirements and the requirements contained in 38
				M.R.S.A. Section
				962.1. A.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 104 - PERFORMANCE STANDARDS FOR MULTI-UNIT RESIDENTIAL DWELLINGS, INCLUDING CONDOMINIUM AND CLUSTER DEVELOPMENT › Section 412-104-1 - Scope

Current through 2024-29, July 17, 2024
This regulation shall be effective in all areas of the Saco
				  River Corridor as defined in Title
				   38 M.R.S.A.
				  Section953.