Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS) › Chapter 104 - LIMITATIONS ON EARNABLE COMPENSATION FOR PURPOSES OF CALCULATING AVERAGE FINAL COMPENSATION OF STATE EMPLOYEE AND TEACHER MEMBERS › Section 411-104-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
Solely for purposes of this Chapter, these terms have the
				  following meanings:
1.
AFC
				period
. For a state employee or teacher member whose total membership
				service as a state/teacher member consists of at least 3 years of creditable
				service, "AFC period" means the three years of creditable service, not
				necessarily consecutive, in the membership period in which the member's annual
				rate of compensation is highest.
For a state employee or teacher member whose total
				  membership service as a state/teacher member consists of at least 1 year but
				  less than 3 years of creditable service, "AFC period" means all of the
				  creditable service, not necessarily consecutive, in the membership
				  period.
2.
Year 1 of
				the AFC period
. "Year 1 of the AFC period" means the chronologically
				earliest year used in the AFC period.
3.
Year 2 of the AFC period
.
				"Year 2 of the AFC period" means the chronologically second year used in the
				AFC period.
4.
Year 3 of the
				AFC period
. "Year 3 of the AFC period" means the chronologically third
				year used in the AFC period.
5.
Collectively bargained salary or wage increase
. "Collectively
				bargained salary or wage increase" means an increase to a position's rate of
				pay contained in or resulting from a collective bargaining agreement and
				includes longevity pay increases, merit raises, and general
				increases.
6.
Primary
				position
. "Primary position" means the position from which the member
				earns the majority of their compensation within each AFC period.
7.
Promotion
. "Promotion" means
				a change in a member's position, including in an acting capacity, that involves
				an increase in rate of pay or the addition of a new type of pay, such as a
				stipend for responsibilities required to be performed in the position.
8.
Regular earnings
.
				"Regular earnings" means the amount of earnable compensation prior to the
				inclusion of any payment allowed pursuant to
				5 M.R.S.A.
				§17001(13)(B)(1) and
				prior to the exclusion of any excess increases required pursuant to
				5 M.R.S.A.
				§17001(13)(C) and the
				provisions of this Chapter.
9.
Year
. "Year" means one of the following periods of time during
				which a state employee or teacher member earned creditable service:
A. a contract year for teacher members paid
				on a contract year basis;
B. a
				school year for teacher members who are paid on a school year basis and whose
				employment is not covered by an individual employment contract or a collective
				bargaining agreement;
C. a calendar
				year beginning January 1st for state employee members with creditable service
				periods prior to calendar year 1994. For purposes of transition from a calendar
				year to a fiscal year in the half-year period of January 1, 1994 through June
				30, 1994 for state employees with creditable service after June 30, 1995,
				proration will be applied;
D. a
				fiscal year beginning July 1st for state employee members retiring with less
				than 3 years of creditable service after June 30, 1995;
E. a rolling 12 month period of creditable
				service beginning with the final payment of compensation and going back until
				12 months of creditable service is accumulated for state employee members
				retiring with 3 years or more of creditable service after June 30,
				1995.
F. In cases that present
				factual circumstances to which application of any of the definitions of "year"
				set out in paragraphs A through E above would produce a result that is
				inconsistent with or has effects that are unrelated to the statutory purpose of
				the cap limitations, as described below, the System will define a "year" of
				creditable service in a manner that does not produce a result
(1) that is driven by factors that are
				unrelated to the statutory purpose of the cap limitations, or
(2) that, while consistent with the statutory
				purpose of the cap limitations, arbitrarily affects similarly situated members
				differently.
As used in this subsection, the statutory purpose of the cap
				  limitations is to limit increases in earnable compensation in the AFC
				  years.