reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 511 - STANDARDS FOR ACTIVELY SEEKING WORK › Section 411-511-5 - SUSPENSION OR TERMINATION OF BENEFITS

Current through 2024-29, July 17, 2024
1. For any
				month during the calendar year that the person does not meet all the required
				standards, the retirement system will suspend the payment of benefits subject
				to 5 M.R.S. §
									17105- A. Such a suspension in
				benefits will occur in the month following the issuance of a written decision
				that the standards have not been met. If the person subsequently resumes
				compliance, the benefits will resume. Such resumption in benefits will occur in
				the month following the month for which the standards are again met. There will
				be no payment of disability retirement benefits for the month or months for
				which benefits were suspended under this subsection.
2. If the person fails to meet the standard
				for a total of any sequential or non-sequential three months in any 12-month
				period, the retirement system will terminate the payment of benefits.
3. If the person refuses a job that is
				consistent with the person's training, education, and experience that would
				generate an income equal to or greater than the member's substantially gainful
				activity earnings level, the retirement system will terminate the payment of
				benefits as of the month following the month that the person refused the job
				offer.
4. A disability retirement
				benefit recipient in actively seeking work status who is incarcerated shall be
				deemed unable to actively seek work, and the payment of disability retirement
				benefits will be suspended during the period of incarceration.
5. For any person who secures a job or
				engages in activity that generates an income equal to or greater than that
				member's substantially gainful activity earnings level, the retirement system
				will terminate the payment of benefits as of the month following the month the
				person accepts or engages in the job or activity.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 512 - INDEPENDENT MEDICAL EXAMINATIONS › Section 411-512-1 - REIMBURSEMENT FOR INDEPENDENT MEDICAL EXAMINATIONS

Current through 2024-29, July 17, 2024
Under
				  5 M.R.S.
				  §17106-B(2), a member's
				  representative who attends the member's independent medical examination is
				  entitled to reimbursement of mileage and, if the representative is a health
				  care provider, a per diem payment. The Maine Public Employees Retirement System
				  ("the System") will make these reimbursements and payments as follows:
1. The member must identify the
				representative to the System in writing within 30 days after the independent
				medical examination. Within 60 days after the independent medical examination,
				the representative must provide the System with the representative's tax
				identification number by submitting IRS Form W-9 and any other information
				reasonably necessary to permit reimbursement and payment, if applicable. The
				member and representative will provide the System with information reasonably
				necessary to determine mileage and whether the representative is a health care
				provider.
2. Mileage will be
				reimbursed at the standard rate set by the Internal Revenue Service.
3. The health care provider per diem rate is
				set at $300.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 512 - INDEPENDENT MEDICAL EXAMINATIONS › Section 411-512-2 - WAIVER OF INDEPENDENT MEDICAL EXAMINATION

Current through 2024-29, July 17, 2024
A member may waive an independent medical examination
				  pursuant to
				  5 M.R.S.
				  §17106-B(2) by:
1. Signing a waiver form developed by the
				System's Chief Executive Officer for that purpose or otherwise clearly
				communicating a waiver in writing; or
2. On more than one occasion, failing to
				attend a scheduled independent medical examination or canceling a scheduled
				independent medical examination after the time at which the independent health
				care provider imposes a cancellation fee, unless the member reimburses the
				System for any no-show or cancellation fee or the failure or cancellation was
				not within the member's control.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 601 - GROUP LIFE INSURANCE › Section 411-601-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
All terms used in this chapter, unless the context otherwise
				  indicates, shall have the same definition as in 5 M.R.S.A. §17001
				  inclusive.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 601 - GROUP LIFE INSURANCE › Section 411-601-2 - TYPES OF COVERAGE

Current through 2024-29, July 17, 2024
1.
Basic
				Insurance
. Basic insurance provides insurance coverage equivalent to the
				participant's annual base compensation, rounded up to the next highest
				$1,000.
2.
Supplemental
				Insurance
. Supplemental insurance provides an amount of coverage in
				multiples of one, two or three times the basic amount of insurance.
3.
Dependent Insurance
.
				Dependent insurance provides coverage for the participant's dependents in the
				amounts set forth in 5 M.R.S.A. §§18056(3)(A), and 18656(3)(A).
A. A person insured as an active or retired
				participant of the group life insurance program cannot be covered as a
				dependent.
B. A step-child cannot
				be covered as a dependent unless legally adopted by the insured.
C. In the event that both parents are
				participants, the children, if any may be insured as dependents of one parent
				only. Eligible dependents will be insured for life insurance on the latest of
				the following dates:
1. On the effective date
				of the participant's election of dependent insurance, or
2. On the date an eligible dependent is first
				acquired.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 601 - GROUP LIFE INSURANCE › Section 411-601-3 - COVERAGE ELIGIBILITY

Current through 2024-29, July 17, 2024
1.
Classes of
				Employment Eligible for Insurance
The following classes of employment are eligible for basic
				  and supplemental life insurance coverage:
A.
State Employees
Permanent, Full Time
Permanent, Part Time of at least 20 hours or 2 1/2 normal
				  working days per week
Seasonal, Full Time
Seasonal, Part Time of at least 20 hours or 2 1/2 normal
				  working days per week
Elected and Appointed Officials
Limited Period - Full Time for one year or more
Limited Period - Part Time for one year or more
Acting Capacity (with status)
B.
Legislators
C.
Judges and Justices
D.
Participating Local
				District Employees
Permanent, Full Time
Permanent, Part Time of at least 20 hours or 2 1/2 normal
				  working days per week
Seasonal, Full Time
Elected and Appointed Officials
Any local district that becomes a Participating Local
				  District in accordance with the provisions of 20-A M.R.S.A. §1463,
				  sub-§
											4 may establish criteria for the
				  inclusion of employees from within the classes listed above, based on the
				  nature and type of employment, in order to provide for the continuation of
				  group life insurance coverage for transferred employees. No employee or class
				  of employees may be excluded solely on the basis of the hazardous nature of
				  employment; nor may the employer use this section to decrease coverage of
				  current participants.
E.
Teachers
Permanent, Full Time
Permanent, Part Time of at least 20 hours per week or 2 1/2
				  normal working days per week
Any individual employed in one of the classes listed above
				  and who meets the definition of "teacher" as provide by 5 M.R.S.A. §17001,
				  sub-§42 is eligible for insurance coverage under this
				  paragraph.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 601 - GROUP LIFE INSURANCE › Section 411-601-4 - TERMINATION AND REINSTATEMENT OF COVERAGE

Current through 2024-29, July 17, 2024
1. Coverage
				on any participant or dependent will cease at the end of the last period for
				which premiums for that participant or dependent are paid to the Maine Public
				Employees Retirement System, subject to a 31-day grace period.
2. Coverage for a participant who, during a
				period of unpaid military leave of absence, does not continue coverage as
				provided in Section
				3, subsection
				2, paragraph D, must be reinstated to
				the levels of coverage in effect immediately prior to the unpaid military
				leave. A request for reinstatement by the employee must be made within 31 days
				of the employee's return to work following unpaid military leave. An employee
				who wants to be reinstated and who does not apply for reinstatement within 31
				days of the employee's return to work from unpaid military leave must produce
				evidence of insurability at the employee's own expense and in accordance with
				the requirements of the insurance underwriter.
3. Coverage of an unmarried dependent child
				having attained a maximum age as provided in 5 M.R.S.A.
				§§18056(3)(A), and 18656(3)(A), shall be continued if:
A. due proof is furnished prior to the
				31st day after the applicable termination date, and
				each year thereafter, indicating that the unmarried, dependent child is
				permanently disabled as set forth in 5 M.R.S.A. §17001(12)(B); or
B. due proof is furnished prior to
				the 31st day after the applicable termination date,
				and each year thereafter, indicating that the unmarried dependent child is
				under 22 years of age and a full-time student.
C. Coverage for a disabled child shall
				continue while the Policy remains in force and the child's condition remains
				unchanged. "Substantially gainful employment" shall mean any work activity that
				is consistent with the individual's training, education and experience
				(including self-employment) and which, taking into consideration information
				about the state labor market, could be expected to generate an annual amount of
				gross earnings which equals or exceeds the state minimum hourly wage multiplied
				by 2080.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 601 - GROUP LIFE INSURANCE › Section 411-601-5 - COVERAGE UPON RETIREMENT

Current through 2024-29, July 17, 2024
1. For members of a
				MainePERS retirement program terminating employment in order to draw a
				MainePERS service retirement benefit, for reasons other than disability, the
				member's basic life insurance only will continue into retirement at no cost to
				the member, providing the member has a minimum of ten (10) years of group life
				insurance coverage, the coverage is in force at the time of termination, and
				the member's completed Application for Retirement is received at MainePERS
				within 31 days of the member's termination date and the member's effective
				retirement date is within the same 31 day period.
2. For a participant of a Participating Local
				District who is not a member of a MainePERS Participating Local District
				retirement program and who terminates employment while receiving a retirement
				benefit under the
United States Social Security Act
or who
				begins to receive a benefit under the
United States Social Security
				Act
within 31 days of terminating their employment, the participant's
				basic life insurance may continue into retirement at no cost to the participant
				if the participant has a minimum of 10 years of coverage and has coverage on
				the date of termination. The level of coverage into retirement will be based on
				the average of the last three years of coverage.
3. For a participant of a Participating Local
				District who is not a member of a MainePERS Participating Local District
				retirement program and who is covered under another "qualified plan", as that
				term is defined in the
Internal Revenue Code
, who is
				terminating employment for reasons other than to receive disability retirement,
				in order for the participant's basic life insurance to continue into retirement
				at no cost to the participant, the participant must have attained age 60, or
				have 25 years of service under the qualified plan and have both a minimum of
				ten 10 years of Group Life Insurance coverage and coverage at the time of
				termination. The level of coverage into retirement will be based on the average
				of the last three years of coverage on the date of retirement.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 601 - GROUP LIFE INSURANCE › Section 411-601-6 - PAYMENT OF PREMIUMS AND CLAIMS

Current through 2024-29, July 17, 2024
1. The MainePERS
				will establish premium amounts and manner of payment for
				participants.
2. All claims arising
				during a period of time for which due premiums have not been paid shall be
				void.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 602 - PROCEDURES FOR CONTRACT AWARDS › Section 411-602-1 - POLICY

Current through 2024-29, July 17, 2024
It is the policy of the Retirement System to administer the
				  MSRS service programs and operate the property(ies) where it conducts its
				  operations in a cost-effective, consistent and efficient manner that will serve
				  the best interests of its members, employers and retirees. When seeking the
				  deliverables (services and/or equipment and/or furnishings and/or supplies) of
				  a contractor for these purposes, the Retirement System will make any contract
				  award to the entity determined to best meet the needs of the Retirement System,
				  taking into account skills, knowledge, integrity and ability to do faithful,
				  conscientious work and promptly fulfill the contract. Any contract award will
				  be the most advantageous to the MSRS and, cost and all other factors having
				  been considered, provide the MSRS with the best value.
1. APPLICABILITY.
This Chapter does not apply to:
A. Contracts with investment fiduciaries or
				advisors as provided in 5 MRSA §17108;
B. Contracts with persons or associations for
				investment counsel or advice and for other professional or other assistance as
				provided in 5 MRSA §17109;
C.
				Contracts for custodial care of securities as provided in 5 MRSA
				§17110;
D. Contracts for a
				total amount reasonably expected not to exceed $100,000 unless the MSRS, in its
				discretion, chooses to have this Chapter apply to such a contract;
				and
E. Contracts to meet bona fide
				emergencies necessitating expedited action.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 602 - PROCEDURES FOR CONTRACT AWARDS › Section 411-602-2 - REQUEST FOR PROPOSAL FOR DELIVERABLES

Current through 2024-29, July 17, 2024
1. If the
				Executive Director or designee determines under Section 1 to issue an RFP for
				deliverables under Section 1, subsection 3, paragraphs B or C, the RFP shall
				provide a description of the nature and scope of the deliverables to be
				provided, the date by which responses must be received and the evaluation
				criteria and their relative importance to be used in evaluating the proposals.
				The relative importance of evaluation criteria will ordinarily be expressed as
				numerical ratings/weightings but may be expressed in other terms that inform
				potential Proposers as to the combination of factors that the System will look
				for to meet its needs.
2. The
				importance of cost as an evaluation criterion must be stated in the RFP and
				will ordinarily be stated as a numerical weighting that is a minimum of 25% of
				the total weight of all criteria.
3. Previous experience of the MSRS, if any,
				with the Proposer will always be an evaluation criterion. The relative
				importance of this criterion will depend on the relevance and degree of
				significance of the previous experience in evaluating both the Proposer's
				current proposal and its ability to provide satisfactory
				deliverables.
4. The MSRS, in its
				discretion, may hold conferences of potential Proposers and/or Proposers,
				schedule site visits or use other means to obtain information relevant to its
				evaluation of proposals.
5. An oral
				presentation by Proposers may be called for in the RFP or after proposals are
				received, or at the discretion of the MSRS, and may include all or selected
				Proposers.
6. RFPs under Section 1,
				subsection 3 must be advertised for a minimum of three consecutive days in the
				Kennebec Journal of Augusta (or its successor newspaper of record), ordinarily
				allowing a minimum of 10 calendar days from the final day of advertising to the
				due date for responses, and may be advertised in any other media as the MSRS
				may decide.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 602 - PROCEDURES FOR CONTRACT AWARDS › Section 411-602-3 - SELECTION PROCEDURE

Current through 2024-29, July 17, 2024
1. The Executive
				Director will appoint a selector or selection committee. The Executive Director
				may be directly involved in the selection process but will always be informed
				as to the selector's or selection committee's decision before the award
				decision is conveyed to the Proposer.
2. The selector or selection committee will
				evaluate each proposal based upon the evaluation criteria set out in the RFP
				and, if called for in the RFP or after proposals are received, Proposers' oral
				presentations.
3. The selector or
				selection committee may select any number of Proposers for an oral presentation
				if an oral presentation has been called for in the RFP or called for after
				proposals are received. Proposers will be informed, in advance of the oral
				presentation, as to what the presentation is to address.
4. The selector or selection committee may
				conduct a reference check of any Proposer and is not required to limit its
				reference checks to references supplied by the Proposer.
5. The MSRS is never bound to accept the
				lowest cost proposal on the basis of cost alone.
6. After the selector or selection committee
				has evaluated the proposals, the oral presentation, if any, and other
				information gathered in the evaluation process, the award, if
				made
,
shall be made to the highest rated proposal. The MSRS
				will issue a written notification awarding the contract or declining to award
				any contract and shall so notify all Proposers. Upon request, a Proposer to
				whom the contract was not awarded shall be given a written statement of the
				basis for the award decision.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 602 - PROCEDURES FOR CONTRACT AWARDS › Section 411-602-4 - APPEALS

Current through 2024-29, July 17, 2024
1. An unsuccessful Proposer may appeal the
				award decision by filing a written objection to the contract award with the
				Executive Director within five (5) business days of the date of receipt of the
				award notice and must at the same time send a copy of the written objection to
				the successful Proposer who shall automatically be a party to the appeal unless
				the Proposer declines participation. The written objection must contain, at a
				minimum, specification of the basis for the objection(s), specification of the
				relief sought, and specification of whether or not a stay of the contract award
				and/or a hearing is requested. Failure to request a stay and/or a hearing at
				the time the written objection is filed shall foreclose a later request for
				stay and/or a hearing.
2. The
				Executive Director may her/himself decide the appeal or may appoint an appeal
				assistant or an appeal committee to assist in reviewing the appeal and may
				charge the appeal assistant or committee to make a recommendation for final
				decision. If the Executive Director has been the selector or part of a
				selection committee, the Executive Director will delegate all of her/his
				authority and responsibility in the appeal process.
3. No unsuccessful Proposer may participate
				in an appeal process unless it files its own appeal under this section. In the
				event that more than one unsuccessful Proposer files an appeal on a given
				contract award, the Executive Director may combine the appeals
				proceedings.
4. If a stay of the
				contract award is requested, the Executive Director must grant the stay for a
				specified period of time or until the appeal has been resolved if, based on the
				evidence submitted by the unsuccessful Proposer who has requested the stay, the
				Executive Director finds all of the following:
A. irreparable injury to the unsuccessful
				Proposer if a stay is not granted,
B. a reasonable likelihood of success by the
				unsuccessful Proposer on the merits of the appeal, and
C. no substantial harm to adverse parties, to
				the MSRS or to the general public by the granting of a stay.
Notwithstanding these findings, the Executive Director will
				  not grant a stay if the Executive Director determines that proceeding with the
				  contract award and with contract implementation without delay is necessary in
				  order for the MSRS to responsibly conduct its operations and programs.
The Executive Director may stay a contract award on the
				  Executive Director's own motion if s/he determines that a stay is in the best
				  interest of the MSRS or its members.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to set out procedures for
				  reaching final agency action on matters initially decided by the Chief
				  Executive Officer (or designee) of the Maine Public Employees Retirement System
				  ("System" or "MainePERS"). The law governing the System provides that the Chief
				  Executive Officer's decisions may be appealed to the Board, which has authority
				  and responsibility to render a decision that will become the final agency
				  action. The person appealing the Decision has the burden to establish, by a
				  preponderance of the evidence, that the Chief Executive Officer's Decision is
				  in error. This Chapter applies to appeals by any person aggrieved by a decision
				  of the Chief Executive Officer.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-2 - Authority

Current through 2024-29, July 17, 2024
The authority for this Chapter is 5 M.R.S. §§
									9051 - 9064 and 5 M.R.S. §
									17451, which provide that an
				  appeal under section
				  17451 is an adjudicatory
				  proceeding subject to the Administrative Procedure Act and 5 M.R.S.
				  §§
									17106- A,
				  17106-B.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-4 - Applicability: Who May Appeal

Current through 2024-29, July 17, 2024
1.
Application
. This Chapter applies to all appeals of decisions of
				the Chief Executive Officer to the Board.
2.
Who may appeal
. Any person
				whose legal rights, duties or privileges are adversely affected by a decision
				of the Chief Executive Officer may appeal the decision to the Board. A person
				may but is not required to be represented by another person in accordance with
				4 M.R.S. §
									807.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-5 - Bringing an Appeal

Current through 2024-29, July 17, 2024
1.
Notice
. When notifying a person whose legal rights, duties or
				privileges are affected by a decision of the Chief Executive Officer, the
				System must advise the person of the right to appeal to the Board and of the
				manner in which the right may be exercised. This notice must comply with 5
				M.R.S. §
									9052.
2.
Statement of appeal
. A person
				who wishes to appeal a decision of the Chief Executive Officer must begin the
				appeal process by sending a written statement of appeal to the Board. Any
				reasonably clear statement to the effect that the person wishes to appeal a
				decision of the Chief Executive Officer, and identifying that decision,
				submitted by email or otherwise in writing to the System shall be treated as a
				statement of appeal. The only issues that are the subject of an appeal are
				those that have previously been decided by the Chief Executive Officer. If the
				person wishes to raise issues or conditions not previously considered by the
				Chief Executive Officer, those additional issues can be added in accordance
				with section
				6(2)
				below.
3.
Assignment to
				hearing officer
. When a statement of appeal is received, the System, in
				a timely manner, will assign the appeal to a hearing officer in accordance with
				section 8. The System will
				notify the person of the identity of the assigned hearing officer and
				alternative hearing officers, describe the process for selecting an alternative
				hearing officer, briefly outline the appeal process and advise that, if the
				person fails to appear at any hearing, the appeal may be deemed to have been
				abandoned and the matter dismissed with prejudice.
4.
Notice to Employer
. If the
				appeal involves an employee of a participating local district or school unit,
				the System will notify the employer that the appeal has been brought, identify
				the employee and hearing officer. and inform the employer how to become a party
				to the appeal. The notice must comply with 5 M.R.S. §
									9052.
5.
Appeals Packet.
MainePERS
				shall provide the appellant with a copy of the information considered by the
				Chief Executive Officer in reaching the decision that is subject to the appeal
				no later than 30 days after receipt of the statement of appeal,
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-6 - Choice of Appeal Process

Current through 2024-29, July 17, 2024
At the pre-hearing conference described in section
				  8(3)(C) of this
				  Chapter, the appellant shall affirmatively elect either the expedited or the
				  unrestricted appeal process. This election becomes irrevocable 10 days after
				  the pre-hearing conference, unless the System agrees to a later request to
				  change the election.
1.
Expedited Appeal.
If the appellant elects the expedited process to
				pursue an appeal of the issues decided in the decision of the Chief Executive
				Officer, the evidence is limited to the appellant's testimony, the testimony of
				any lay witnesses and the documentary evidence already considered by the Chief
				Executive Officer. The parties may not raise any additional issues for
				decision. It is anticipated that a decision will be issued by the Board within
				approximately 90 days of the initial pre-hearing conference. Under this option,
				only non-expert witnesses may provide testimony on behalf of the appellant or
				the System.
2.
Unrestricted
				Appeal.
Alternatively, in the unrestricted appeal process, the appellant
				may raise issues in addition to those decided by the Chief Executive Officer,
				and the parties may introduce documentary evidence in addition to the evidence
				already considered by the Chief Executive Officer and testimony from expert as
				well as non-expert witnesses. The unrestricted appeal process is anticipated to
				take substantially longer than 90 days because some or all of the steps listed
				below may be required, or duplicated prior to the hearing officer's issuance of
				a recommended decision. An appellant who chooses to proceed under the
				unrestricted appeal process must affirmatively accept and acknowledge that this
				appeal process is likely to take substantially longer than 90 days. The
				additional steps that might occur in the unrestricted appeal process include,
				but are not limited to the following:
A. If
				the appellant introduces issues not previously decided by the Chief Executive
				Officer, the hearing officer will return the appeal to the Chief Executive
				Officer for consideration of the new issues and reconsideration of any issues
				previously decided by the Chief Executive Officer. The appeal will be stayed
				pending the issuance of a decision of the Chief Executive Officer on all
				issues.
(1) If the new issues include one or
				more new conditions on which the appellant wishes to apply for disability
				retirement benefits, the appellant has the same right to an independent medical
				examination on the new conditions as the appellant would have had if the
				conditions had been raised in a new application.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-7 - Public Interest; Notice

Current through 2024-29, July 17, 2024
If the Chief Executive Officer or designee determines that an
				  appeal involves an issue of substantial public interest, notice must be given
				  to the public, sufficiently in advance of the hearing date, to afford
				  interested parties an adequate opportunity to prepare and submit evidence and
				  to petition to intervene pursuant to 5 M.R.S. §
									9054. Notice to the public must be
				  given in accordance with 5 M.R.S. §
									9052(3). If a
				  party asserts that an appeal involves a matter of substantial public interest,
				  such that public notice is required and the Chief Executive Officer or designee
				  does not agree, the Board will make the determination in the following
				  manner.
1.
By request
.
				The Chief Executive Officer or any other person may request that the Board make
				a determination of substantial public interest.
2.
Determination after appeal process
				has begun
. If the Board makes a determination of substantial public
				interest after the appeal process has begun, the process must be suspended
				until notice to the public has been given and interested persons have had an
				adequate opportunity to take action in accordance with this section.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-8 - Hearing officer

Current through 2024-29, July 17, 2024
1.
Appointment
. The Board shall contract with hearing officers to
				perform the duties and exercise the powers set forth in this Chapter. The
				hearing officers must have appropriate experience and training, be fair,
				impartial, unbiased, and demonstrate a continuing ability to conduct a fair,
				efficient and effective appeal process.
2.
Assignment; Removal;
				Replacement
A. An appeal will be
				assigned by the System to a hearing officer who has no personal or financial
				interest, direct or indirect, in the appeal or its outcome, and who has not
				been involved directly or indirectly in the matter that is the subject of the
				appeal. The fact that a hearing officer is the recipient of a MainePERS benefit
				does not constitute, by itself, direct or indirect personal or financial
				interest in an appeal or its outcome. The assignment shall be based on
				balancing caseloads among contracted hearing officers. The appellant within 15
				days after notice of the assigned hearing officer may select an alternative
				hearing officer who has contracted with the Board.
(1) The System need not offer as an
				alternative any hearing officer who has a substantially larger caseload than
				other hearing officers. The appellant may select a hearing officer who was not
				offered as an alternative because of a substantially larger caseload if the
				appellant shows, within the timeframe for selecting an alternative hearing
				officer, that the hearing officer is uniquely qualified to preside over the
				appeal.
(2) In an appeal with more
				than one appellant, if the appellants cannot agree on an alternative hearing
				officer, the hearing officer assigned by the System will serve as hearing
				officer.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-9 - Duties and Responsibilities of the MainePERS Representative

Current through 2024-29, July 17, 2024
The MainePERS Representative shall:
1. Organize case. Organize the presentation
				of the Chief Executive Officer's case;
2. Pre-hearing conference. Participate in the
				pre-hearing conference;
3. Present
				witnesses. Present and examine witnesses when appropriate;
4. Provide records. Ensure that the relevant
				records of the System are present at the hearing and that other parties have
				adequate opportunity to examine the records prior to and during the
				hearing;
5. Introduce records.
				Introduce into evidence relevant System records and documents; and 6. Provide
				evidence. Present and establish relevant facts and circumstances by oral
				testimony, including that of MainePERS staff, and by documentary
				evidence.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-10 - Default

Current through 2024-29, July 17, 2024
1.
Failure to appear
. Except as
				provided in subsection
				2 below, if an appellant fails to
				participate in a scheduled conference, appear at hearing, or otherwise fails to
				prosecute the case, the appellant may be deemed by the hearing officer to have
				abandoned the appeal. The hearing officer will so notify the appellant in
				writing via certified mail. If within 10 business days of receipt of the
				notice, the appellant submits information which demonstrates, in the judgment
				of the hearing officer, good cause for failure to appear, the hearing will be
				rescheduled. On the 11th day following receipt of
				the notice by appellant and without suitable response, the decision of the
				Chief Executive Officer will become final and the hearing officer will issue a
				recommended dismissal with prejudice to the Board.
2.
Hearing in the absence of the
				appellant
. A hearing may be held in the absence of the person appealing
				when:
A. The person requests or agrees to a
				hearing in their absence; or
B. The
				hearing officer, at their discretion, proceeds with the hearing as the
				alternative to a default.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-11 - Evidence

Current through 2024-29, July 17, 2024
1.
Admissibility
. Evidence shall
				be admitted if it is the kind of evidence upon which reasonable persons are
				accustomed to rely in the conduct of serious affairs.
2.
Testimony and Conduct of
				Hearings
. Testimony may be provided in person, by video, by deposition,
				or, for compelling reasons, by telephone or sworn written statement at the
				discretion of the hearing officer. With the exception of sequestered witnesses,
				all participants in a hearing conducted by video conferencing must be able to
				hear and see the other participants. and all participants in a hearing
				conducted telephonically must be able to hear the other participants. Parties
				must ensure that witnesses who provide sworn written statements or testimony be
				available for cross-examination during the hearing, although the
				cross-examination of expert witnesses may, at the request of a party, take
				place at a different time.
3.
Irrelevant or repetitious evidence
. Evidence which is irrelevant
				or unduly repetitive may be excluded.
4.
No formal rules of evidence
.
				Formal rules of evidence are not required and need not be observed.
5.
Weight of evidence
. The fact
				that evidence is admitted shall not limit the authority of the hearing officer
				to determine the weight to be given the evidence.
6.
Hearsay
. Hearsay evidence
				shall not be excluded simply because of its hearsay nature.
The hearing officer will determine the weight to be given to
				  hearsay evidence.
7.
Rules of privilege
. Rules of privilege as provided in the
Maine Rules of Evidence
, Article 5, shall be
				observed.
8.
Stipulation of
				facts
. When all parties stipulate to a fact, the hearing officer may
				make a finding of fact on the basis of the stipulation. Signed statements or
				on-the-record oral statements by parties are sufficient as
				stipulations.
9.
Official
				notice of facts
. The hearing officer may take official notice of a fact
				upon her/his own initiative or at the request of a party. Official notice may
				be taken of any fact of which judicial notice could be taken, and in addition,
				of any general or technical matter within the specialized experience or
				knowledge of the hearing officer, and of any statutes, rules and
				non-confidential public records. The hearing officer will notify the parties
				when official notice is taken and shall afford the parties an opportunity to
				contest the reliability, substance and/or materiality of the material
				noticed.
10.
Rebuttal
				Evidence
. To the extent that the appellant testifies or introduces
				evidence on matters or facts not previously known to the System, the hearing
				officer may, at the request of the MainePERS Representative, hold the record
				open for a reasonable period in order to allow the System to offer rebuttal
				evidence.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-12 - Discovery and subpoenas

Current through 2024-29, July 17, 2024
1.
Access to
				System documents and records
. A party must have an adequate opportunity
				prior to hearing, and at the hearing, to examine all of the System's documents
				and records to be offered as evidence. The System must provide to the person
				bringing the appeal a copy of the relevant portions of the record without
				charge.
2.
Request for
				subpoenas
. Any party may request the issuance of a subpoena by
				presenting the request to the hearing officer. The request must contain:
A. The name and address of the party
				requesting the subpoena; and
B. The
				name and address of the person to be subpoenaed, or other place where the
				person to be subpoenaed may be found; and
C. A brief statement why the testimony or
				evidence of the person to be subpoenaed is relevant to an issue of fact in the
				appeal.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-13 - Hearings recorded

Current through 2024-29, July 17, 2024
1. All hearings
				will be recorded in a form susceptible to transcription.
2. A copy of the transcript of a hearing or
				of expert testimony taken pursuant to section
				11(2) will be
				provided to the parties.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-14 - Reconsideration by the Chief Executive Officer

Current through 2024-29, July 17, 2024
After the close of the evidence and the parties' receipt of
				  any transcript, the Chief Executive Officer shall have 30 calendar days to
				  reconsider all of the evidence and affirm or reverse, in whole or in part, the
				  decision that is the subject of the appeal. If new grounds for affirming a
				  decision adverse to the appellant are articulated by the Chief Executive
				  Officer at this stage of the process, the hearing officer shall allow the
				  parties a reasonable time to present additional evidence relevant to the issues
				  raised in the Chief Executive Officer's reconsidered decision. If, after
				  receiving the appeal evidence and any transcripts, the Chief Executive Officer
				  consults with the medical review provider, the 30-day period described above
				  begins to run upon the Chief Executive Officer's receipt of the medical review
				  provider's reports.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-15 - Recommended decision of the hearing officer

Current through 2024-29, July 17, 2024
1.
Contents
. Following the hearing or, if the parties have agreed to
				waive hearing, following review of the documentary and testimonial record, and
				following the issuance of the Chief Executive Officer's reconsidered decision,
				the hearing officer will prepare a recommended decision, which will include:
A. A clear statement of the subject(s) of the
				appeal and of the issues which must be resolved to decide the appeal;
B. A listing of the date, place of hearing,
				and participants at the hearing or, if no hearing was held, a statement that
				the parties agreed to proceed without a hearing or other explanation;
C. A listing of all evidence admitted and
				upon which the recommended final decision is based;
D. Findings of fact, which must be sufficient
				to apprise the parties of the basis for the recommended decision;
E. A clear statement of result resolving all
				issues under consideration; and
F.
				A clear explanation of the reasoning underlying the result, including
				references to applicable law and rules.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-16 - Action by the Board

Current through 2024-29, July 17, 2024
1. If the Board is
				compelled to adopt the recommended final decision of the hearing officer
				pursuant to 5 M.R.S. §
									17106- A(1), the Board will do so
				during its monthly meeting, as time permits, and will not schedule
				consideration of the appeal or permit oral argument by the parties.
2. If a party believes an error exists in the
				recommended decision pursuant to 5 M.R.S. §
									17106-A and the alleged error
				has not been resolved by the hearing officer, that party shall notify the
				Attorney General's Office, to the attention of MainePERS Board counsel, so that
				the notification is received within 10 days of that party's receipt of the
				recommended final decision
A. The Board or
				Board counsel may on its own initiative, determine that an error pursuant to 5
				M.R.S. §
										17106-A exists in the
				recommended final decision.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER › Section 411-702-17 - Attorney's Fees

Current through 2024-29, July 17, 2024
1. The System is
				required by 5 M.R.S. §
									17106- B(5) to pay attorney's
				fees, up to a total of $12,000, if an attorney has represented the appellant on
				appeal of a disability retirement decision and obtained a favorable result. A
				favorable result is a reversal of a decision of the Board or Chief Executive
				Officer that results in the grant of benefits to the appellant or otherwise
				materially advantages the appellant.
2. Attorney's fees under this section may be
				awarded by a Court on judicial review of a Board decision or by the hearing
				officer in the case where a decision of the Chief Executive Officer has been
				reversed by the Board or the Chief Executive Officer.
3. Application to a hearing officer for
				attorney's fees must be made no later than 30 days after receipt of the Board
				decision or the dismissal of the appeal following reversal by the Chief
				Executive Officer.
A. The application must be
				accompanied by proof of the fee arrangement and a statement of attorney's fees
				incurred in the appeal. The statement of attorney's fees shall be accompanied
				by an affidavit executed by the attorney of record itemizing the attorney's
				charges for legal services and a statement of the attorney's customary billing
				rate for similar work.
B. The
				hearing officer may grant the application based on the proof submitted or may
				hold a hearing and receive argument orally, in writing, or both.
C. A decision on an attorney's fee
				application may be appealed to the Board, who shall affirm the decision unless
				it is not supported by the record as a whole, the Board is advised by Attorney
				General that the hearing officer has made an error of law, or the decision
				exceeds the authority or jurisdiction conferred upon the hearing
				officer.
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 411-802-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
The purpose of this Chapter is to establish the criteria and
				  procedures by which participating local districts may, in accordance with
				  Federal Social Security law and IRS rules and with Retirement System statutes,
				  include part-time, seasonal or temporary employees in or exclude them from
				  membership in the System. Under Retirement System statutes (
				   5 MRSA
				  §18202, sub-§
									2 ) a statutory amendment which could
				  grant benefits to employees of a participating local district is effective as
				  to that district only if the district adopts the amendment. Accordingly, the
				  provisions of PL 1991, c. 619 which could grant benefits (e.g., "immediate
				  vesting" in a non-forfeitable right to a refund of contributions at 7.5%;
				  annualized compensation) are effective as to a participating local district
				  only if adopted by it. This Chapter provides the mechanism for and results of
				  adoption, and nonadoption of these. The non-benefit provisions of PL 1991, c.
				  619 which apply to participating local districts are effective without adoption
				  by the districts.
The Chapter governs membership for those part-time, seasonal
				  or temporary employees who fit the definitions of these terms as established by
				  Federal law ( 26 CFR Part 31 ) and adopted by the Maine Legislature and by this
				  Chapter. Thus, not all employees who work in part-time or seasonal or temporary
				  positions are part-time, seasonal or temporary employees within the scope of
				  this Chapter.
This Chapter supersedes and replaces Chapter 802 (emergency)
				  of the Board's rules.
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 411-802-2 - Authority

Current through 2024-29, July 17, 2024
This Chapter is adopted under the authority of 5 MRSA S18202
				  (2), 5 MRSA §18206 as amended by PL 1991, c. 619, and
				   5 MRSA
				  §8051 - §
									8064.