Title 4, Title 4

The right of a person to a retirement allowance, the retirement allowance itself, the refund of a person's accumulated contributions, any death benefit, any other right accrued or accruing to a person under this chapter and the money in the various funds created by this chapter a…

Any beneficiary who is entitled to make an election of benefits under subchapter 5, but is not lawfully qualified to make that election, shall have that election made in the beneficiary's behalf by the person authorized to do so by Title 18‑C, Article 5.

The Judicial Retirement Program established in this chapter is subject to the following requirements. [PL 2009, c. 474, §8 (NEW).] 1. Vesting. In compliance with the Code, Section 401(a)(7), a member is 100% vested in the member's contribution account at all times. 2. Use of forf…

The Board of Trustees of the Judicial Retirement Program consists of those persons who are members of the Board of Trustees of the Maine Public Employees Retirement System. The Board of Trustees of the Judicial Retirement Program is responsible for the proper operation and implem…

The Chief Executive Officer of the Maine Public Employees Retirement System is the Executive Director of the Judicial Retirement Program. The executive director has the same powers and duties with respect to the Judicial Retirement Program as with other programs of the Maine Publ…

The actuary of the other programs of the Maine Public Employees Retirement System is the Actuary of the Judicial Retirement Program.

The board of trustees may designate health care providers to provide medical consultation on judicial disability cases.

Appeal from the executive director's decision is the same as provided for other programs of the Maine Public Employees Retirement System in Title 5, section 17451.

The Attorney General or an assistant designated by the Attorney General is the legal adviser of the Board of Trustees of the Judicial Retirement Program.

The board of trustees is the trustee of the funds created by this chapter and shall administer those funds in the same manner as is provided for the administration of the other program funds of the Maine Public Employees Retirement System in accordance with Title 5, chapter 421, …

All administrative operating expenses of the Judicial Retirement Program must be charged to the assets of the Judicial Retirement Program. [PL 2007, c. 491, §42 (AMD).] 1. Estimate funds biennially. 2. Balance.

The board of trustees may combine funds from the Judicial Retirement Program and assets of other programs of the Maine Public Employees Retirement System for investment purposes. The assets and funds of other programs of the Maine Public Employees Retirement System and the assets…

1. Findings. The Legislature finds that the State owes a great debt to its retired judges for their years of faithful and productive service. Part of that debt is repaid by the benefits provided to judges through the Judicial Retirement Program. 2. Intent. It is the intent of the…

Every judge serving on the court on or after December 1, 1984 must be a member of the Judicial Retirement Program as a condition of employment. [PL 2009, c. 415, Pt. A, §2 (AMD).] A member ceases to be a member when that member withdraws that member's contributions, becomes a ben…

Creditable service for the purpose of determining benefits under this chapter shall be allowed as follows: [PL 1983, c. 853, Pt. C, §§ 15, 18 (NEW).] 1. Membership service. All judicial service of a member after November 30, 1984, for which contributions are made shall be allowed…

1. Payment. For each member, the State shall pay annually into the fund an amount known as the employer contribution. 2. Employer contribution rate. The rate of the employer contribution is fixed on the basis of the assets and liabilities of the Judicial Retirement Program as sho…

On and after July 1, 1993, each member in service shall contribute at a rate of 7.65% of earnable compensation, except that judges whose earnable compensation includes imputed cost-of-living adjustments under section 1201, subsection 9, shall contribute based on the compensation …

1. Conditions for refund. If the service of any member has terminated, except by death or by retirement under this chapter, the member must be paid the amount of the member's accumulated contributions under the following conditions: A. The member must have properly applied for a …

1. Conditions for refund. The retirement system may make an automatic refund of contributions to a member who has not properly applied for a refund as provided in section 1305‑A and who has terminated service, except by death or by retirement under this chapter, and who has not m…

1. Election. If the Maine Public Employees Retirement System determines at the time a member retires that the member's benefit would be increased as a result of the inclusion of compensation that would have been paid for fiscal year 2002-03 days off without pay as described in se…

Upon written application to the board setting forth the date upon which the member chooses to retire, any member may retire upon meeting one of the following. [PL 1991, c. 528, Pt. EEE, §2 (AMD); PL 1991, c. 528, Pt. EEE, §18 (AFF); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591…

1. Amount. The service retirement allowance of a member is determined under the provisions of this chapter in effect on the member's date of final termination of service. Subject to the maximum benefit provided for in subsection 3‑A and the minimum benefit provided for in subsect…

1. Conditions. Any member who becomes disabled while in service may receive a disability retirement allowance by order of at least 5 Justices of the Supreme Judicial Court or upon written application to the executive director and approval of that application by at least 5 of the …

If a member who is in service or a former member who is a recipient of a disability retirement allowance dies, the member's beneficiary, or relative if the member has no designated beneficiary, is entitled to benefits on the same basis as provided for beneficiaries of state emplo…

1. Benefit. Notwithstanding the provisions of section 1355, any eligible surviving spouse and dependent child or children of a judge who was in service prior to December 1, 1984, shall, upon the death of that judge, be entitled to a minimum benefit of 1/2 the retirement benefit o…

If a member or a former member who is receiving a disability retirement allowance dies as a result of an injury received in the line of duty, benefits are paid on the same basis as provided for members of the State Employee and Teacher Retirement Program by Title 5, chapter 423, …

1. Normal method of payment. Payment of all regular retirement allowances shall begin on the first day of the month following the month in which the member becomes eligible to receive payment of regular retirement allowance under section 1351 or 1353, subsection 7. A full month's…

1. Cost-of-living adjustments. Except as provided in subsection 2, paragraph A, retirement allowances under this chapter must be adjusted on the same basis as provided for members of the State Employee and Teacher Retirement Program by Title 5, section 17806. A. [PL 2011, c. 380,…

If a retiree who is the recipient of a reduced regular retirement allowance under section 1357, subsection 2, paragraph B, C, D or E remarries after the retiree's spouse dies, the following provisions apply. [PL 1999, c. 744, §3 (AMD); PL 1999, c. 744, §17 (AFF).] 1. Election of …

If a retiree who is the recipient of a reduced regular retirement allowance under section 1357, subsection 2, paragraph B, C, D or E is granted a divorce either after retirement or before a retirement beneficiary is named, subsections 1 to 4 apply. [PL 1999, c. 744, §5 (AMD); PL …

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 853, Pt. C, §§ 15, 18 (NEW).] 1. Currently effective annual salary. "Currently effective annual salary" means the annual salary on June 30, 1984, of the …

1. Application. The retirement benefits of all judges who retired prior to December 1, 1984 are governed by this chapter. 2. Administration. Beginning on the effective date of this subsection, this chapter is administered by the Board of Trustees of the Maine Public Employees Ret…

1. No contributions. Benefits provided by this chapter are funded solely by the State. No contribution may be required of any judge. 2. Appropriations. The Board of Trustees of the Maine Public Employees Retirement System shall forward to the Executive Department for inclusion in…

Any judge who resigned that judge's office or ceased to serve at the expiration of any term thereof, after attaining the age of 70 years and after having served on the Supreme Judicial Court, the Superior Court, the District Court, the Administrative Court or any combination of t…

Any judge who, prior to that judge's retirement age, was unable, by reason of failing health, to perform that judge's duties and who was retired by majority of the justices of the court upon which that judge was sitting when retired must receive annually during the remainder of t…

1. Survivors' benefits. Any spouse or any child or children of a judge who died prior to December 1, 1984, shall continue to receive 3/8 of the currently effective annual salary as follows: A. To the surviving spouse, as long as that spouse is not the dependent of another person;…

There is established within the Administrative Office of the Courts of the Judicial Department the Court Appointed Special Advocate Program to provide volunteer lay persons to serve as court appointed special advocates or guardians ad litem under Title 22, section 4005, subsectio…

With the advice and approval of the Court Appointed Special Advocate Advisory Panel, the State Court Administrator shall appoint a Director of the Court Appointed Special Advocate Program, who shall serve at the pleasure of the State Court Administrator. The State Court Administr…

The Director of the Court Appointed Special Advocate Program shall recruit the services of qualified persons to serve as volunteer court appointed special advocates. The volunteer court appointed special advocates are considered employees of the State only for the purposes of the…

The State Court Administrator shall provide a principal office for the Court Appointed Special Advocate Program and shall arrange for such facilities throughout the State as are necessary and adequate for the court appointed special advocates to conduct their duties.

A Court Appointed Special Advocate Advisory Panel is appointed by the Chief Justice of the Supreme Judicial Court to set the policy for and monitor the Court Appointed Special Advocate Program.

A person serving as a court appointed special advocate for the Judicial Department or as Director, deputy director or regional volunteer coordinator of the Court Appointed Special Advocate Program is immune from any civil liability, as are employees of governmental entities, unde…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 2013, c. 406, §1 (NEW).] 1. Division. "Division" means the Family Division within the District Court established in section 183. 2. Guardian ad litem. "Guardian a…

1. Guardian ad litem roster. The division shall assist the Chief Judge of the District Court in the establishment and maintenance of a roster of guardians ad litem pursuant to section 1553. 2. Administration of guardians ad litem under Title 19-A. For guardians ad litem appointed…

Rules adopted by the Supreme Judicial Court govern the establishment and maintenance of a roster of guardians ad litem. The rules must address: [PL 2013, c. 406, §1 (NEW).] 1. Application process. The process for applying to be included on the roster, including application forms;…

1. Role of guardian ad litem. The court may appoint a guardian ad litem to provide information to assist the court in determining the best interests of the child involved in the determination of parental rights and responsibilities and guardianship of a minor under Title 18‑C, in…