Title 5, Title 5

Members who served in the Peace Corps, foreign or domestic, the Volunteers in Service to America Program, or the Fulbright Exchange Program; who taught children of United States Foreign Service Corps personnel outside the continental United States or United States Armed Forces pe…

A member who is a teacher who was previously employed by a school administrative unit in this State as a teacher's aide or Education Technician I may purchase service credit for the time so employed, under the following conditions. [PL 1997, c. 161, §1 (NEW).] 1. Payment to fund.…

A member may purchase service credit for the period during which the member took an unpaid or partially paid educational leave pursuant to the Maine Educational Leave Act under the following conditions. [RR 1997, c. 1, §4 (RAL).] 1. Payment. The member must, before any retirement…

Service credit for service in law enforcement is governed as follows. [PL 2019, c. 459, §1 (NEW).] 1. Service before becoming member. A member who served as a full-time law enforcement officer with a federal, state, county or local law enforcement agency before becoming a member …

A member who is a teacher and who experiences a reduction in income from an extracurricular or cocurricular position due to circumstances related to coronavirus disease 2019, referred to in this section as "COVID-19," may purchase service credit for the period during which the ex…

1. Commitment as to certain provisions and limitations. The following provisions govern the commitment as to certain provisions and limitations. A. The commitment set out in paragraph B is effective October 1, 1999, for members who, on October 1, 1999 or thereafter, meet the cred…

Only members of the State Employee and Teacher Retirement Program, their spouses, surviving spouses, children, dependent children, parents or beneficiaries are eligible to receive benefits from the State Employee and Teacher Retirement Program.

1. Definition. As used in this article, unless the context otherwise indicates, "qualifying member" means: A. A member; or [PL 1985, c. 801, §§5, 7 (NEW).] B. A former member who is receiving a disability retirement benefit. [PL 1985, c. 801, §§5, 7 (NEW).] 2. Election. In order …

Except as provided in subsection 6, payment of a service retirement benefit shall begin on the first day of the month following the month in which the qualifying member becomes eligible to receive payment of the member's service retirement benefit under section 17851 or 17907. A …

If the recipient of a reduced service retirement benefit under section 17804, subsection 3, 4, 5‑A or 5‑B remarries after the recipient's spouse dies the following provisions apply. [PL 2001, c. 118, §5 (AMD).] 1. Election of benefit for new spouse. The recipient may elect to hav…

If the recipient of a reduced service retirement benefit under section 17804, subsection 3, 4, 5‑A, 5‑B, 5‑C, 5‑D or 5‑E is granted a divorce either after retirement or before a retirement beneficiary is named the following provisions apply. [PL 2001, c. 118, §6 (AMD).] 1. Electi…

Cost-of-living adjustments to the retirement benefits being paid to retired state employees, teachers or beneficiaries of either shall be governed as follows. [PL 1985, c. 801, §§5, 7 (NEW).] 1. Determination of adjustment. The cost-of-living adjustment shall be determined as fol…

1. Benefits continued. All benefits payable to former employees retired under the Public Laws of 1933, chapter 1, sections 227 to 233, as they existed immediately before July 1, 1942, shall be continued and paid in the future from the Retirement Allowance Fund at the full amounts…

All benefits payable under this chapter must be paid from the Retirement Allowance Fund, except those payable from the Members' Contribution Fund or as specifically provided in this chapter.

If any error in any record of the retirement system results in a member or beneficiary receiving more or less from the system than the member or beneficiary would have been entitled to receive had the record been correct, payments must, as far as practicable, be adjusted so that …

For purposes of determining benefits under this chapter, the earnable compensation of a member retired with a disability retirement allowance under article 3 is assumed to be continued after the member's date of termination of service: [RR 2023, c. 2, Pt. B, §115 (COR).] 1. Rate.…

Any retiree or member who is retired or will retire may elect to reduce or discontinue receiving any benefit upon written request, duly certified and acknowledged, to the chief executive officer.

Benefits are limited as follows. [PL 1987, c. 256, §11 (NEW).] 1. One benefit only. A beneficiary may select only one benefit, regardless of how many benefits the beneficiary qualifies for. 2. Election final. Except as provided in section 17803, subsection 4, and section 17953, s…

1. Member in service; 10 years of creditable service on July 1, 1993. 1-A. Member in service; less than 10 years creditable service on July 1, 1993. 1-B. Member in service at retirement; 10 years of creditable service on July 1, 1993. A member who on July 1, 1993, had 10 years of…

1. Establishment and applicability. Effective July 1, 1998, there is established a special retirement plan to be known as the 1998 Special Plan. The 1998 Special Plan applies to members in the following capacities: A. Until September 1, 2002, law enforcement officers in the emplo…

1. Establishment and applicability. Effective July 1, 2020, there is established a special retirement plan for fire marshal investigators, fire marshal senior investigators, fire marshal sergeants and assistant state fire marshal-investigations, referred to in this section as "th…

1. Establishment and applicability. Effective August 1, 2024, there is established a special retirement plan for civilian employees in the Department of Public Safety, Maine State Police Crime Laboratory or computer crimes unit, referred to in this section as "the special plan." …

1. Member in service at retirement. The amount of the service retirement benefit for members qualified under section 17851, subsection 1‑B, 1‑C, 1‑D or 1‑E must be computed as follows: A. One-fiftieth of the member's average final compensation multiplied by the number of years of…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Client" has the same meaning as in Title 34‑A, section 1001, subsection 1‑A. [PL 2017, c. 460, Pt. K, §1 (NEW).] B. "Closure" means the removal of…

1. Termination on or after January 1, 1976. If a member's final termination of service occurred on or after January 1, 1976, the retirement system law in effect on the date of termination shall govern the member's service retirement benefit. 2. Termination before January 1, 1976.…

Any member who has 10 or more years of creditable service at retirement is entitled to a minimum service retirement benefit of $100 per month.

Any service retirement benefits earned by a law enforcement officer under this article which are substantially similar or equal are interchangeable.

1. Special plan defined. As used in this section, unless the context otherwise indicates, "special plan" means any of the retirement programs in section 17851, subsection 4, 5, 6, 7, 8, 9, 10 or 11 and section 17851‑A. 2. Additional creditable service. Additional creditable servi…

1. Retirement incentive. Any state employee, as defined in section 17001, subsection 40, except employees of the Maine Community College System, who, by April 1, 1996, has reached normal retirement age and has 10 or more years of creditable service and who gives notice to the Mai…

1. Restoration to service. Any state employee or teacher who has reached normal retirement age may be restored to service. The decision to hire a retired state employee or retired teacher under this section is at the discretion of the appointing authority. The retired state emplo…

As used in this article, unless the context otherwise indicates, "disabled" means mentally or physically incapacitated: [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. Permanent. To the extent that it is impossible for a person to perform the duties of the person's employment position and t…

This article applies to all disabilities for which written applications are received by the chief executive officer before October 1, 1989. All disabilities for which written applications are received by the chief executive officer after September 30, 1989, are subject to article…

1. Written application. In order to receive a benefit under this article, the person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. The executive director shall obtain medical consultation on each applicant for disa…

The examination or tests to determine whether a member is disabled under section 17901 are governed as follows. [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. Agreed upon medical provider. The examination or tests must be conducted by a qualified medical provider mutually agreed upon by th…

1. Qualification. Except as provided in subsection 2, a member qualifies for a disability retirement benefit if the member becomes disabled while in service and before reaching normal retirement age. A. [PL 1991, c. 887, §4 (RP).] B. [PL 1991, c. 887, §4 (RP).] 2. Exception. A me…

When a member qualified under section 17904 retires, the member is entitled to receive a disability retirement benefit equal to 66 2/3% of the member's average final compensation.

1. Excess compensation. If the compensation received from engaging in any gainful occupation by a beneficiary of a disability retirement benefit exceeds $20,000 in calendar year 2000 or in any subsequent calendar year exceeds that amount as cumulatively increased by the same perc…

1. Beginning. If the chief executive officer receives the written application for disability retirement benefits within 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date of term…

1. Requirement. The chief executive officer shall require each beneficiary of a disability retirement benefit to submit, each calendar year, a statement of the beneficiary's compensation received from engaging in any gainful occupation during that year. 2. Failure to submit state…

1. Right to reinstatement. If the beneficiary of a disability retirement benefit decides that the beneficiary is no longer incapacitated and is able to perform the duties of the beneficiary's employment position, the employer for whom the beneficiary last worked prior to becoming…

Upon agreement of the chief executive officer and the person, rehabilitation services may be provided to any person who is the recipient of a disability retirement benefit under this article as a means to the person being able to return to substantially gainful activity. As a con…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 409, §§8, 12 (NEW).] 1. Disabled. "Disabled" means that the member is mentally or physically incapacitated under the following conditions: A. The incapac…

This article applies to all disabilities for which written applications are received by the chief executive officer after September 30, 1989.

1. Qualification. Except as provided in subsection 2, a member qualifies for a disability retirement benefit if disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, sectio…

1. Written application. In order to receive a benefit under this article, a person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. [PL 2021, c. 277, §22 (RP); PL 2021, c. 277, §45 (AFF).] B. [PL 1995, c. 643, §10 (RP…

Any examinations or tests conducted under section 17106‑B or required by the chief executive officer under section 17921, subsection 1, paragraph D; section 17924; section 17929, subsection 2, paragraph B; or section 17933, subsection 3, paragraph A are governed as follows. [PL 2…