Title 5, Title 5

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. [PL 2021, c. 277, §31 (RP); PL 2021, c. 277, §45 (AFF).] 2. Approval. The written a…

The examination or tests to determine whether a member is disabled under section 18501 are governed as follows. [PL 1985, c. 801, §§5, 7 (NEW).] 1. Agreed upon health care provider. The examination or tests must be conducted by a health care provider mutually agreed upon by the c…

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, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, …

When a member qualified under section 18504 retires, the member is entitled to receive a disability retirement benefit equal to 59% of the member's average final compensation. The 59% level must be reviewed for cost-neutral comparability as a part of the actuarial investigation p…

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 cumulatively increased by the same percent…

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. Election. A beneficiary entitled to a disability retirement benefit under section 1122 of the former retirement system law, as in effect immediately before July 1, 1977, may elect to be governed by this article instead of the law applicable to the disability retirement benefit…

1. Definition. For purposes of this section, a person is considered to be an active member of a municipal fire department or of a volunteer fire department or volunteer firefighters' association if the person aids in the extinguishment of fires, whether or not the person has admi…

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, §§11, 12 (NEW).] 1. Disabled. "Disabled" means that the member is mentally or physically incapacitated under the following conditions: A. The incapa…

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, the person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. [PL 2021, c. 277, §35 (RP); PL 2021, c. 277, §45 (AFF).] B. [PL 1997, c. 393, Pt. A…

Any examinations or tests conducted under section 17106‑B or required by the chief executive officer under section 18521, subsection 1, paragraph D; section 18524; section 18529, subsection 2, paragraph B; or section 18533, subsection 3, paragraph A are governed as follows. [PL 2…

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…

When a member qualified under section 18524 retires, after approval for disability retirement by the chief executive officer in accordance with section 18525, the member is entitled to receive a disability retirement benefit equal to 59% of that member's average final compensatio…

1. Beginning. Payment of disability retirement benefits shall begin on the first day of the month following the date of termination of active service of the member, but not more than 6 months before the date of receipt by the chief executive officer of the written application, by…

1. Definition. As used in this section, unless the context otherwise indicates, "adjusted final compensation" means the rate of pay of the person immediately before termination and becoming the recipient of a disability retirement benefit adjusted by the same percentage adjustmen…

1. Requirement. The chief executive officer shall require each person who is the recipient of a disability retirement benefit to submit, each calendar year, a statement of compensation received from any gainful occupation during that year. 2. Failure to submit statement. Failure …

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

1. Average final compensation. The service retirement benefit of a person who returns to employment with that person's former employer or any other employer whose employees are covered by this article or chapter 423, subchapter V, article 3‑A, after having been the recipient of a…

Any person entitled to receive a disability retirement benefit under 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 this article inste…

In the case of a participating local district having a Participating Local District Retirement Program disability plan other than that provided by article 3 or 3‑A, which plan is in force on October 15, 1992, the following provisions apply on and after October 16, 1992: [PL 2007,…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. Designated beneficiary. "Designated beneficiary" means the beneficiary designated under section 18552. 2. Qualifying member. "Qua…

A qualifying member may designate a beneficiary to receive benefits upon the qualifying member's death by filing a written designation of beneficiary with the chief executive officer. The last designation of any beneficiary revokes all previous designations. In order to be in eff…

Before July 1, 1993, if a qualifying member dies at any time before completing the age and service requirements for service retirement, the payment of ordinary death benefits is governed as follows. Beginning July 1, 1993, if a qualifying member dies before the member's service r…

Notwithstanding section 18202, the provisions of former section 1124 of the state retirement system law, in effect on June 30, 1982, except former section 1124, subsection 4, are applicable to each participating local district which has adopted section 18553 or former section 112…

1. Manner of adoption. A participating local district may adopt the special survivor benefit option under this section in addition to the benefits provided under section 18553 in the manner set forth in section 18202. 2. Limitation of beneficiaries. A participating local district…

1. Information from fiscal officer. Before a participating local district elects survivor benefits under section 18553 or 18556, the chief fiscal officer of the participating local district shall submit to the board that information prescribed by the board to assist the board in …

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 513, §1 (RPR); PL 2009, c. 513, §3 (AFF).] 1. Professional firefighter. "Professional firefighter" means an employee of a municipal fire department who i…

The beneficiary of a qualifying member shall receive a benefit in accordance with section 18603.

1. Surviving spouse; no dependent children. If the qualifying member is survived by a spouse and no dependent child, the surviving spouse shall be paid 2/3 of the average final compensation of the qualifying member. 2. Surviving spouse having care of dependent children. If the qu…

All benefits paid under this article shall be paid in equal monthly installments beginning the first month after the death of the qualifying member.

1. Cessation of eligibility. When a person sharing benefits under section 18603 ceases to be eligible to receive benefits, the subsequent benefits of the remaining beneficiaries shall be recalculated as if the remaining beneficiaries had been the only beneficiaries to survive the…

The benefits under this article shall be paid to: [PL 1985, c. 801, §§5, 7 (NEW).] 1. Surviving spouse. The surviving spouse until the surviving spouse dies; and 2. Dependent children. The dependent child or dependent children until they die or until they no longer meet the defin…

The board, and only the board, may purchase for the retirement system, from one or more life insurance companies, a policy or policies of life insurance, as defined by Title 24-A, section 702. [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. Procedure. Proposals for the purchase of insurance…

1. Limitation. All provisions of a policy or policies purchased under section 18651 shall be subject to the limitations of Title 24-A, chapter 31. 2. No reduction of benefits. No provisions of a policy or policies purchased under section 18651 may reduce the benefits granted unde…

The board may promulgate and publish, in accordance with chapter 375, subchapter II, whatever rules are necessary and proper to give effect to the intent, purposes and provisions of this subchapter.

All assets in the group life insurance program may be combined for investment purposes. The assets attributable to employers of participating local district participants in the group life insurance program may not be combined with the assets attributable to other group life insur…

1. Expenses. All expenses of a group life insurance program shall be reimbursed from premium rate adjustments, dividends or interest earnings on reserves. 2. Report. A report of the activities of the group life insurance program shall be published annually.

1. Local district. A local district may participate in the group life insurance program by filing with the board a duly certified copy of the resolution or record of the vote of the body that would be entitled to approve participation in the Participating Local District Retiremen…

1. Basic insurance. Life insurance and accidental death and dismemberment insurance, to be known as "basic insurance," is available to all eligible participants. A. The amount of life insurance to be paid upon death is equal to the participant's annual base compensation rounded u…

Any amount of group life insurance and group accidental death insurance in force on any employee at the date of the employee's death must be paid, upon the establishment of a valid claim, in the following order of precedence. [PL 2009, c. 515, §2 (AMD); PL 2009, c. 515, §3 (AFF).…

1. Employees insured. Each employee shall complete an application for insurance coverage within 31 days of becoming eligible. Each employee who completes an application and is found eligible for basic insurance under this subchapter is insured for the amount of basic coverage app…

Payment of premiums for group life insurance shall be on the basis determined by the board to be actuarially sufficient to pay anticipated claims.