Maine Statute | Act | Code |Title 04. Judiciary| US Code - US Statute | Chapter 27. Judicial Retirement On Or After December 1, 1984 (heading. Pl 1983, C. 853, Pt. C, @@15, 18 (new))

USA Statutes : maine
Title : Title 04. JUDICIARY
Chapter : Chapter 27. JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING. PL 1983, c. 853, Pt. C, @@15, 18 (new))

Title 4 - §1201. Definitions

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1201. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

1. Accumulated contributions. "Accumulated contributions" means the sum of all the amounts credited to a member's individual account, together with regular interest thereon. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

2. Actuarial equivalent. "Actuarial equivalent" means a benefit which is of equal value when computed at regular interest, based on the mortality and service tables adopted by the board of trustees. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

3. Average final compensation. "Average final compensation" means:

A. The average annual rate of earnable compensation of a member during the 3 years of creditable service as a judge, not necessarily consecutive, in which the member's annual rate of earnable compensation is highest; or [1989, c. 133, §15 (new).]

B. The average annualized rate of earnable compensation of a member during the entire period of creditable service if that period is less than 3 years. [1989, c. 133, §15 (new).]

If a member took one or more days off without pay during the fiscal year beginning July 1, 2002, as authorized by the State Court Administrator, and the member elects to make the contribution provided for in section 1306, the average final compensation must be determined as if the member had not taken those days off without pay. [2003, c. 486, §1 (amd).]

4. Beneficiary. "Beneficiary" means any person who receives or is designated to receive a benefit provided by this chapter. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

5. Board of trustees. "Board of trustees" means the board provided for in section 1231. [1983, c. 863, Pt. B, §§ 8, 45 (amd).]

6. Child or children. [1989, c. 133, §16 (rp).]

6-A. Dependent child. "Dependent child" means:

A. Any unmarried, natural or legally adopted, born or unborn member's progeny, who is:

(1) Under 18 years of age; or

(2) Under 22 years of age and a full-time student; or
[1989, c. 133, §17 (new).]

B. Regardless of age or marital status, any other progeny certified by the medical board to be permanently mentally incompetent or permanently physically incapacitated and determined by the executive director to be unable to engage in any substantially gainful employment. [1989, c. 133, §17 (new).]

[1989, c. 133, §17 (new).]

7. Consumer Price Index. "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, CPI-U, as compiled by the United States Department of Labor, Bureau of Labor Statistics; or, if the index is revised or superseded, the board shall employ the Consumer Price Index compiled by the Bureau of Labor Statistics, United States Department of Labor that the board of trustees finds to be most reflective of changes in the purchasing power of the dollar for the broadest population of consumers, including retired consumers. [2003, c. 387, §1 (amd).]

8. Creditable service. "Creditable service" means membership service and prior service as a judge which is credited towards retirement in accordance with subchapter IV. [1983, c. 863, Pt. B, §§ 8, 45 (amd).]

9. Earnable compensation. "Earnable compensation" means the annual salary as a judge. Any money paid by the State under an annuity contract for the future benefit of a judge shall be considered part of the judge's earnable compensation. The earnable compensation of a member retired with a disability retirement allowance under section 1353 shall be assumed, for the purposes of determining benefits under this chapter, to be continued after his date of termination of service at the same rate as received immediately prior thereto, subject to the same percentage adjustments, if any, that may apply to the amount of retirement allowance of the beneficiary under section 1358. [1983, c. 863, Pt. B, §§ 8, 45 (amd).]

10. Father. [1989, c. 133, §18 (rp).]

11. Fiduciary. "Fiduciary" means a bank or a professional investment manager. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

12. Judge. "Judge" means a Justice of the Supreme Judicial Court or the Superior Court, any Judge of the District Court, any Administrative Court Judge or any Associate Administrative Court Judge who is actively serving as of December 1, 1984, or who is appointed subsequent to December 1, 1984, but does not include Active Retired Judges. [2001, c. 12, §1 (amd).]

13. Member. "Member" means a judge who is included in the membership of the Maine Judicial Retirement System as provided in section 1301. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

14. Membership service. "Membership service" means service rendered while a member of the Maine Judicial Retirement System for which credit is allowed under section 1302. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

15. Mother. [1989, c. 133, §18 (rp).]

16. Parent. [1989, c. 133, §18 (rp).]

16-A. Prior service. "Prior service" means all service before December 1, 1984, as a judge. [1983, c. 863, Pt. B, §§ 9, 45 (new).]

17. Regular interest. "Regular interest" means interest at the rate which the Board of Trustees of the Maine State Retirement System sets from time to time, in accordance with Title 5, section 17156. [1989, c. 502, Pt. A, §10 (amd).]

18. Retirement. "Retirement" means the termination of membership service with a retirement allowance granted under this chapter. [1983, c. 853, Pt. C, §§ 15, 18 (new).]

19. Spouse. "Spouse" means the person currently legally married to a member. [1989, c. 133, §19 (amd).]

20. Surviving spouse. "Surviving spouse" means the spouse alive at the time of the death of the member or former member. [1989, c. 133, §20 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B8,9,10,B45 (AMD).
PL 1989,
Ch. 133,
§15-20 (AMD).
PL 1989,
Ch. 502,
§A10 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2001,
Ch. 12,
§1 (AMD).
PL 2003,
Ch. 387,
§1 (AMD).
PL 2003,
Ch. 486,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 Title 4 - §1202. Name, date of establishment and purpose

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1202. Name, date of establishment and purpose

There is established on December 1, 1984, the Maine Judicial Retirement System, which shall have the powers and privileges of a corporation. [1983, c. 853, Pt. C, § § 15, 18 (new).] div>
The purpose of the Maine Judicial Retirement System is to provide retirement allowances and other benefits under this chapter for judges. [1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
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Augusta, Maine 04333-0007 Title 4 - §1203. Legal process and assignment

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1203. Legal process and assignment

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 are not subject to execution, garnishment, attachment or any other process and are unassignable except that: [1991, c. 746, §2 (rpr); §10 (aff).]

1. Retirement allowance available for child support. A member's retirement allowance is available to satisfy a child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; [1991, c. 746, §2 (new); §10 (aff).]

2. Accumulated contributions available for child support. A member's accumulated contributions, which are refundable under section 1305, are available to satisfy a child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; and [1991, c. 746, §2 (new); §10 (aff).]

3. Qualified domestic relations order. The rights and benefits of a member or retiree under this chapter are subject to the rights of or assignment to an alternate payee, as defined in Title 5, section 17001, subsection 3-B, under a qualified domestic relations order in accordance with Title 5, section 17059. [1991, c. 746, §2 (new); §10 (aff).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B11,B45 (AMD).
PL 1991,
Ch. 746,
§10 (AFF).
PL 1991,
Ch. 746,
§2 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007 Title 4 - §1204. Beneficiaries under disability

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1204. Beneficiaries under disability

Any beneficiary who is entitled to make an election of benefits under Subchapter V, but is not lawfully qualified to make that election, shall have that election made in his behalf by the person authorized to do so by Title 18-A, Article V. [1983, c. 853, Pt. C, § § 15, 18 (new).] p align="center"> Revision Note: 1st sentence, "Subchapter" should be "subchapter"

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
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Augusta, Maine 04333-0007 Title 4 - §1231. Board of trustees

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1231. Board of trustees

The Board of Trustees of the Maine Judicial Retirement System shall consist of those persons who are members of the Board of Trustees of the Maine State Retirement System. The Board of Trustees of the Maine Judicial Retirement System is responsible for the proper operation and implementation of the Maine Judicial Retirement System under this chapter. [1983, c. 863, Pt. B, § § 12, 45 (amd).]

1. Duties. The board shall have the same duties with respect to the Maine Judicial Retirement System as the board of the Maine State Retirement System has with respect to the Maine State Retirement System, including, but not limited to, those powers and duties enumerated in Title 5, chapter 421, subchapters III, IV and V. [1989, c. 133, §21 (amd).]

2. Administration of Maine Judicial Retirement System. The board of trustees shall administer the Maine Judicial Retirement System and is authorized to promulgate and publish, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, any rules necessary and proper to give effect to the intent, purposes and provisions of this chapter. [1983, c. 853, Pt. C, § 15, 18 (new).]

3. Expenses. The trustees shall be compensated, as provided in chapter 379, from the funds of the Maine Judicial Retirement System. [1983, c. 863, Pt. B, § § 13, 45 (new).]

4. Oath. Each trustee shall, within 30 days after that trustee's appointment, take an oath of office to faithfully discharge the duties of a trustee, in the form prescribed by the Constitution of Maine. The oath must be subscribed to by the trustee making it, certified by the officer before whom it is taken and immediately filed in the office of the Secretary of State. [2001, c. 181, §2 (amd).]

5. Quorum. Each voting trustee is entitled to one vote in the board of trustees. Five trustees constitute a quorum for the transaction of any business. Five votes are necessary for any resolution or action by the board of trustees at any meeting of the board. [1999, c. 790, Pt. D, §4 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B12,13,B45 (AMD).
PL 1989,
Ch. 133,
§21 (AMD).
PL 1999,
Ch. 127,
§A1 (AMD).
PL 1999,
Ch. 790,
§D4 (AMD).
PL 2001,
Ch. 181,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007 Title 4 - §1232. Executive director

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1232. Executive director

The Executive Director of the Maine State Retirement System shall be the Executive Director of the Maine Judicial Retirement System. The executive director shall have the same powers and duties with respect to the Maine Judicial Retirement System as he does with the Maine State Retirement System, except as provided in this chapter. [1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
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Augusta, Maine 04333-0007 Title 4 - §1233. Actuary

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1233. Actuary

The Actuary of the Maine State Retirement System shall be the Actuary of the Maine Judicial Retirement System. [1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
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Augusta, Maine 04333-0007 Title 4 - §1234. Medical board

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1234. Medical board

A medical board of the Maine State Retirement System established in section 17106, subsection 1 is the medical board of the Maine Judicial Retirement System. The medical board shall arrange for and pass upon all medical examinations required under this chapter with respect to disability retirements and shall report in writing to the Supreme Judicial Court its conclusions and recommendations upon all the matters referred to it. The board of trustees may designate other physicians to provide medical consultation on judicial disability cases. [1995, c. 643, §2 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B14,B45 (AMD).
PL 1995,
Ch. 643,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1235. Administrative procedures

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1235. Administrative procedures

Appeal from the executive director's decision shall be the same as provided for the Maine State Retirement System in Title 5, section 17451. [1989, c. 133, §22 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1989,
Ch. 133,
§22 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1236. Legal adviser

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1236. Legal adviser

The Attorney General or an assistant designated by him shall be legal adviser of the Board of Trustees of the Maine Judicial Retirement System. [1983, c. 863, Pt. B, § § 15, 45 (new).]

Section History:
PL 1983,
Ch. 863,
§B15,B45 (NEW).
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Augusta, Maine 04333-0007 Title 4 - §1251. Control of funds

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 3: FINANCING (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1251. Control of funds

The board of trustees shall be 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 Maine State Retirement System funds in accordance with Title 5, chapter 421, subchapters III and IV. The board may establish separate funds or accounts within a fund, as necessary. [1989, c. 133, §23 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1989,
Ch. 133,
§23 (AMD).
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 Title 4 - §1252. Custodian of funds

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 3: FINANCING (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1252. Custodian of funds

Except as otherwise provided, the Treasurer of State is the custodian of the funds of the Maine Judicial Retirement System. Upon receipt of vouchers signed by a person or persons designated by the board, the State Controller shall draw a warrant on the Treasurer of State for the amount so authorized. A duly attested copy of the resolution of the board designating those persons and bearing on its face their specimen signatures shall be filed with the State Controller as his authority for making payments upon the vouchers. [1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
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Augusta, Maine 04333-0007 Title 4 - §1253. Expenses

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 3: FINANCING (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1253. Expenses

All money to pay the administrative expenses of the Maine Judicial Retirement System shall be paid by the State. [1983, c. 853, Pt. C, § § 15, 18 (new).]

1. Estimate funds biennially. Biennially the board of trustees shall estimate the amount of money which they deem necessary to provide for the expenses of administration and operation of the Maine Judicial Retirement System during the ensuing biennium. The State shall pay that amount, for that purpose, into the fund established for that purpose. [1983, c. 853, Pt. C, § § 15, 18 (new).]

2. Balance. Any unexpended balance does not lapse but constitutes a continuous carrying account. [1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
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Augusta, Maine 04333-0007 Title 4 - §1254. Investments

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 3: FINANCING (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1254. Investments

The board of trustees may combine funds from the Maine Judicial Retirement System and the Maine State Retirement System for investment purposes. The assets and funds of the Maine State Retirement System and the assets and funds of the Maine Judicial Retirement System shall not be combined for benefit payment purposes or for administrative expenses. [1983, c. 863, Pt. B, § § 16, 45 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B16,B45 (AMD).
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Augusta, Maine 04333-0007 Title 4 - §1255. Legislative findings and intent

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 3: FINANCING (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1255. Legislative findings and intent

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 Maine Judicial Retirement System. [1983, c. 853, Pt. C, § § 15, 18 (new).]

2. Intent. It is the intent of the Legislature that there shall be appropriated and transferred annually to the Maine Judicial Retirement System the funds necessary to meet the system's long-term and short-term financial obligations based on the actuarial assumptions established by the board of trustees upon the advice of the actuary. The goal of the actuarial assumptions shall be to achieve a fully funded system. The system's unfunded liability for members formerly subject to sections 5, 103 and 157-A, shall be funded by annual appropriations over the funding period of the system. This section shall not apply to justices and judges who retired prior to December 1, 1984. [1983, c. 863, Pt. B, § § 17, 45 (amd).]

3. Implementation. It shall be the responsibility of the board of trustees to calculate the funds necessary to maintain the system on an actuarially sound basis, including the unfunded liability arising from payment of benefits for which contributions were not received and to transmit those calculations to the State Budget Officer as required by Title 5, sections 1661 to 1667. It shall be the responsibility of the Legislature to appropriate and transfer those funds annually. [1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B17,B45 (AMD).
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Augusta, Maine 04333-0007 Title 4 - §1301. Membership

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1301. Membership

Every judge serving on the court on or after December 1, 1984, shall be a member of the Maine Judicial Retirement System as a condition of employment. [1983, c. 853, Pt. C, § § 15, 18 (new).] div>
A member shall cease to be a member when he withdraws his contributions, becomes a beneficiary as a result of his own retirement or dies. [1983, c. 853, Pt. C, § § 15, 18 (new).] div>
The State Court Administrator shall submit to the board a statement showing the name, title, compensation, sex, date of birth and length of service of each member and any other information as the board may require at such times as the board may require. [1983, c. 863, Pt. B, § § 18, 45 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B18,B45 (AMD).
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State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1302. Creditable service

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1302. Creditable service

Creditable service for the purpose of determining benefits under this chapter shall be allowed as follows: [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 as creditable service. [1989, c. 133, §24 (amd).]

1-A. Prior service. All service of a member as a judge before December 1, 1984, shall be allowed as creditable service. [1983, c. 863, Pt. B, § § 19, 45 (new).]

2. Disability retirement. The period following the termination of service for which a beneficiary receives disability retirement allowance payments under section 1353 shall be allowed as membership service. [1983, c. 863, Pt. B, § § 19, 45 (amd).]

3. Maine State Retirement System service. Creditable service as a member of the Maine State Retirement System shall be allowed as creditable service of the Maine Judicial Retirement System as follows.

A. Any member who has not withdrawn his accumulated contributions with the Maine State Retirement System may, upon appointment as a judge, have his Maine State Retirement System contributions and membership service transferred to his account with the Maine Judicial Retirement System and all creditable service resulting from his membership in the Maine State Retirement System shall be creditable service in the Maine Judicial Retirement System.
All funds in the Maine State Retirement System contributed by the employer on account of his employment shall be transferred to the Maine Judicial Retirement System and shall be used to liquidate the liability incurred by reason of his previous employment. The State shall make such contributions, from time to time, as may be necessary to provide the benefits under the Maine Judicial Retirement System for the member as have accrued to him by reason of his previous employment and may accrue to him by reason of his membership in the Maine Judicial Retirement System. [1983, c. 863, Pt. B, § § 19, 45 (amd).]

B. Any member who has withdrawn his accumulated contributions from the Maine State Retirement System may, subsequent to appointment as a judge and prior to the date any retirement allowance becomes effective for him, deposit in the fund by a single payment or by an increased rate of contribution an amount equal to the accumulated contributions withdrawn by him together with interest at 2% greater than regular interest from the date of withdrawal to the date of repayment. If repayment is made in installments, interest shall continue to accrue on the outstanding balance. The member shall be entitled to all creditable service that he acquired during his previous membership. In the event any retirement allowance becomes effective before repayment is completed, the member shall be entitled to credit for that portion of the total of such previous creditable service which the total amount of payments actually made bears to the total amount, including interest at 2% greater than regular interest from the date of withdrawal to the date the retirement allowance becomes effective. [1983, c. 863, Pt. B, § § 19, 45 (amd).]

C. 1985, c." Headnote=" 693, § 8 (rp).

D. No person may receive benefits under both the Maine Judicial Retirement System and the Maine State Retirement System based upon the same period of service. [1983, c. 853, Pt. C, § § 15, 18 (new).]

[1985, c. 693, § 8 (amd).]

4. Amount of service per year. The board shall establish by rule the amount of creditable service to be granted for service rendered during a year, subject to the following conditions.

A. No credit may be allowed for a period of absence without pay of more than one month's duration; and [1983, c. 853, Pt. C, § § 15, 18 (new).]

B. No more than one year of service may be credited for all service in one calendar year. [1983, c. 853, Pt. C, § § 15, 18 (new).]

[1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B19,B45 (AMD).
PL 1985,
Ch. 693,
§8 (AMD).
PL 1989,
Ch. 133,
§24 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1303. State contribution

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1303. State contribution

1. Payment. For each member, the State shall pay annually into the fund an amount known as the employer contribution. [1989, c. 133, §25 (amd).]

2. Employer contribution rate. The rate of the employer contribution shall be fixed on the basis of the assets and liabilities of the Maine Judicial Retirement System as shown by actuarial valuation and shall be expressed as a percentage of the annual earnable compensation of each member.

A. The employer contribution rate shall represent the percentage of the members' compensation payable during periods of membership required to provide the difference between the total liabilities for retirement allowances not provided by the members' contributions and the amount of the assets in the fund. [1983, c. 853, Pt. C, § § 15, 18 (new).]

B. The employer contribution rate shall be determined on actuarial bases adopted by the board. The rate shall be determined by the board after each valuation and shall continue in force until a new valuation is made. [1983, c. 853, Pt. C, § § 15, 18 (new).] [1983, c. 853, Pt. C, § § 15, 18 (new).]

3. State contribution procedure. The board of trustees shall submit budget estimates to the State Budget Officer in accordance with Title 5, section 1665. On each payroll for judges from which retirement contributions are deducted, the State Controller shall cause a charge to be made of an amount or amounts in payment of the state costs of all charges related to the Maine Judicial Retirement System and which shall be credited to the appropriate accounts of the fund. Percentage rates to be predetermined by the actuary and approved by the board of trustees shall be applied to the total gross salaries of members appearing on those payrolls and the resultant charges shall be periodically credited to the retirement fund. [1983, c. 853, Pt. C, § § 15, 18 (new).]

4. Minimum amount of employer contribution. The aggregate payment by the State into the fund shall be at least sufficient to provide the benefits payable out of the fund during the current year. [1983, c. 853, Pt. C, § § 15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B20,B45 (AMD).
PL 1989,
Ch. 133,
§25 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1304. Employees' contributions

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1304. Employees' contributions

On and after July 1, 1993, each member in service shall contribute at a rate of 7.65% of earnable compensation. [1993, c. 410, Pt. L, §4 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B21,B45 (AMD).
PL 1989,
Ch. 133,
§26 (AMD).
PL 1993,
Ch. 410,
§L4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1305. Return of accumulated contributions

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1305. Return of accumulated contributions

1. Refund of membership contributions. Following termination of service, except by death or retirement under this chapter, a member, upon application to the Maine Judicial Retirement System, shall be paid the amount of his accumulated contributions to the system.

A. [1997, c. 651, §2 (rp).]

B. Payment of accumulated contributions may not be made earlier than 22 days nor more than 60 days after receipt of the application and receipt of the last payroll upon which the name of the member appears, whichever occurs later. [1993, c. 387, Pt. A, §1 (amd).]

[1997, c. 651, §2 (amd).]

2. Applicability. This section shall not apply to contributions paid by the State. [1983, c. 853, Pt. C, §§15, 18 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1989,
Ch. 133,
§27 (AMD).
PL 1993,
Ch. 387,
§A2 (AMD).
PL 1997,
Ch. 651,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1306. Back contribution for certain days off without pay

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1306. Back contribution for certain days off without pay

1. Election. If the Maine Judicial 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 section 1201, subsection 3, the retirement system shall advise the member of that result and shall allow the member to elect to have that compensation included in the calculation of the member's benefit and to make payments as set forth in subsection 2. [2003, c. 486, §2 (new).]

2. Payment. The amount that a member who makes the election permitted in subsection 1 must pay is the amount equal to the employee contribution that person would have made on wages that would have been paid to that person on the days off without pay during the 2002-03 fiscal year as described in section 1201, subsection 3, plus interest at the same rate as that required for payment of back contributions pursuant to Title 5, section 17704, subsection 3. If the member elects to make the payment, the Maine Judicial Retirement System shall withhold the required amount from the member's first retirement benefit check. [2003, c. 486, §2 (new).]

3. Benefit calculation. If the member fails to make the election within 31 days of the notification provided under subsection 1, the Maine Judicial Retirement System shall calculate the member's retirement benefit without inclusion of the days off without pay during the 2002-03 fiscal year. [2003, c. 486, §2 (new).]

Section History:
PL 2003,
Ch. 486,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1351. Eligibility for retirement

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1351. Eligibility for retirement

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. [1991, c. 528, Pt. EEE, §2 (amd); §18 (aff); Pt. RRR (aff); c. 591, Pt. EEE, §2 (amd); §18 (aff).]

1. Age 60; at least 10 years of creditable service on July 1, 1993. Any member who on July 1, 1993 had at least 10 years of creditable service may retire on or after the member's 60th birthday. [1999, c. 756, §5 (amd).]

1-A. Age 62; less than 10 years of creditable service on July 1, 1993. Any member who on July 1, 1993 had less than 10 years of creditable service may retire on or after the member's 62nd birthday if:

A. The member has at least 10 years of creditable service; or [1999, c. 756, §6 (new).]

B. The member has at least 5 years of creditable service and:

(1) Was in service on October 1, 1999;

(2) Had left service prior to October 1, 1999 with or without withdrawing contributions and on or after October 1, 1999 returned to service; or

(3) Was first in service on or after October 1, 1999.
[1999, c. 756, §6 (new).]

[1999, c. 756, §6 (amd).]

2. Age 70. Any member in service may retire on or after the member's 70th birthday, provided that the member has been in service, as a judge, for at least one year immediately before retirement. [1991, c. 528, Pt. EEE, §2 (amd); §18 (aff); Pt. RRR (aff); c. 591, Pt. EEE, §2 (amd); §18 (aff).]

2-A. Five-year minimum creditable service requirement for eligibility to receive a service retirement benefit at applicable age; applicability. The minimum requirement of 5 years of creditable service for eligibility to receive service retirement benefits under subsection 1-A applies only to:

A. A member who was in service on October 1, 1999; [1999, c. 756, §7 (new).]

B. Upon return to service, a member who had left service prior to October 1, 1999 with or without withdrawing that member's contributions and on or after October 1, 1999 returned to service; or [1999, c. 756, §7 (new).]

C. A member who was first in service on or after October 1, 1999. [1999, c. 756, §7 (new).]

For those members to whom the 5-year minimum creditable service requirement does not apply, the 10-year minimum creditable service requirement for eligibility to receive service retirement benefits remains in effect on and after October 1, 1999. [1999, c. 756, §7 (new).]

3. Early retirement; at least 10 years of creditable service on July 1, 1993. Any member, whether or not in service at retirement, who on July 1, 1993 had at least 10 years of creditable service and who has completed at least 25 years of creditable service may retire any time before the member's 60th birthday. The retirement allowance is determined in accordance with section 1352, except that it is reduced by multiplying the retirement allowance by a fraction that represents the ratio of the amount of a life annuity due at age 60 to the amount of a life annuity due at the age of retirement. The tables of annuities in effect at the date of retirement are used for this purpose. For the purpose of calculating creditable service under this subsection only, creditable service includes time during which a member participated in the voluntary cost savings plan or the voluntary employee incentive program, authorized by Public Law 1989, chapter 702, section F-6 and Public Law 1991, chapter 591, Part BB and chapter 780, Part VV or creditable service available to a member that the member was eligible to purchase on June 30, 1993 and that the member does purchase in accordance with rules adopted by the board. [1999, c. 756, §8 (amd).]

3-A. Early retirement; less than 10 years creditable service on July 1, 1993. Any member, whether or not in service at retirement, who on July 1, 1993 had less than 10 years of creditable service and who has completed at least 25 years of creditable service may retire any time before the member's 62nd birthday. The retirement allowance is determined in accordance with section 1352, except that the benefit is reduced by 6% for each year that the member's age precedes age 62. [1999, c. 756, §9 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B22,B45 (AMD).
PL 1985,
Ch. 693,
§9 (AMD).
PL 1991,
Ch. 528,
§EEE18,RRR (AFF).
PL 1991,
Ch. 528,
§EEE2 (AMD).
PL 1991,
Ch. 591,
§EEE18 (AFF).
PL 1991,
Ch. 591,
§EEE2 (AMD).
PL 1993,
Ch. 410,
§L5-8 (AMD).
PL 1999,
Ch. 756,
§5-9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1352. Retirement benefits

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1352. Retirement benefits

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 subsection 4, the total amount of the retirement allowance of a member retired in accordance with section 1351 is equal to the sum of:

A. 150 of the member's average final compensation multiplied by the number of years of membership service, from December 1, 1984 to June 30, 1998 and creditable service allowed under section 1302, subsection 3; [1997, c. 643, Pt. M, §12 (amd).]

B. The earned benefit for prior service as a judge as determined by subsection 2; and [1997, c. 643, Pt. M, §12 (amd).]

C. Three percent of the member's average final compensation multiplied by the number of years of membership service beginning July 1, 1998. [1997, c. 643, Pt. M, §12 (new).]

[2001, c. 439, Pt. VV, §1 (amd).]

2. Benefit for service prior to December 1, 1984. The earned benefit for judicial service prior to December 1, 1984, is equal to the years of service prior to December 1, 1984, not to exceed 10 years, divided by 10, multiplied by 75% of the salary as of November 30, 1984, for the position from which the judge retired. [1997, c. 643, Pt. M, §12 (amd).]

3. Maximum benefit. [2001, c. 439, Pt. VV, §2 (rp).]

3-A. Maximum benefit. Except as provided in subsection 4, a judge in service on December 1, 1984, or appointed on or after December 1, 1984, may not receive a benefit that exceeds 70% of that judge's average final compensation, not including adjustments under section 1358. The benefit amount of any judge retired prior to the effective date of this subsection whose benefit amount was limited according to the terms of former subsection 3 must be recalculated according to this subsection and the recalculated amount must be paid retroactive to the judge's effective date of retirement. [2001, c. 439, Pt. VV, §3 (new).]

4. Minimum benefit. Each judge in service on December 1, 1984, who is 50 years of age or older on that date is entitled to a minimum benefit equal to 75% of the salary as of June 30, 1984, for the position from which the judge retired, increased by 6% compounded annually, for each year or part of a year served subsequent to June 30, 1984, up to and including June 30, 1989. For each year or part of a year served after June 30, 1989, the allowance is increased by an amount equal to the cost-of-living factor granted the previous September, as determined pursuant to section 1358, compounded annually. [1997, c. 643, Pt. M, §12 (amd).]

5. Termination of benefits. The service retirement benefit of a judge ceases upon the return to service as a judge. A judge returned to service continues to earn credit toward retirement. [1997, c. 643, Pt. M, §12 (amd).]

6. Service beyond age 70. [1989, c. 133, §28 (rp).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B23-25,B45 (AMD).
PL 1985,
Ch. 693,
§10 (AMD).
PL 1985,
Ch. 737,
§C3,6 (AMD).
PL 1989,
Ch. 133,
§28 (AMD).
PL 1997,
Ch. 643,
§M12 (AMD).
PL 2001,
Ch. 439,
§VV1-3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1353. Disability retirement

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1353. Disability retirement

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, review and report of the application by the medical board and approval of that application by at least 5 of the Justices of the Supreme Judicial Court if that member is mentally or physically incapacitated to the extent that it is impossible for that member to perform the duties as a judge and the incapacity is expected to be permanent, as shown by medical examination or tests. A qualified physician mutually agreed upon by the executive director and member shall conduct the examinations or tests at an agreed upon place, and the costs must be paid by the Maine State Retirement System.

A. [1991, c. 887, §1 (rp).]

B. [1991, c. 887, §1 (rp).]

[1991, c. 887, §1 (amd).]

1-A. Eligibility for disability.

A. A member with less than 5 years of continuous creditable service immediately preceding his application for a disability allowance is not eligible for that disability retirement allowance if that disability is the result of a physical or mental condition which existed prior to the persons latest membership in the system, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty. [1983, c. 863, Pt. B, §§26, 45 (new).]

B. [1997, c. 384, §1 (rp).]

[1997, c. 384, §1 (amd).]

2. Amount. When a member qualified under subsection 1 and, if applicable, subsection 1-A, paragraph A, retires, the amount of a disability retirement allowance is 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 provided under Title 5, section 17107, subsection 2, paragraph E, beginning with the investigation made January 1, 1997 and every 6 years after that time. The review that takes place every 6 years must compare actual experience under the disability plans with actuarial assumptions regarding election and costs of benefits under the new options elected and identify possible options for compliance with the federal Older Workers Benefit Protection Act that protect benefits for employees without additional cost to the State and participating local districts. A member who by election remains covered under subsection 1 as written prior to its amendment by Public Law 1991, chapter 887, section 1 may receive a disability retirement allowance when, in addition to meeting the requirements of subsection 1, the member has not completed the eligibility requirements for retirement under section 1351, subsection 1, 1-A or 2. When such a member is entitled to receive a disability retirement allowance, the amount of the allowance is 66 23% of the member's average final compensation. [1997, c. 384, §2 (amd).]

3. Commencement. Disability retirement allowance payments shall commence on the first day of the month following the date of termination of active service of the member. Termination of active service shall create a vacancy on the court. [1989, c. 133, §29 (amd).]

4. Continuance. Payment of a disability retirement allowance shall continue subject to subsection 7 and the following conditions.

A. During the first 2 years, the allowance continues as long as the beneficiary can not perform the duties of a judge. [1991, c. 633 (amd).]

B. After that period, the allowance shall continue only if the beneficiary is unable to engage in any substantially gainful activities for which he is qualified by training, education or experience. [1983, c. 853, Pt. C, §§15, 18 (new).]

C. The executive director may require the beneficiary to undergo annual medical examinations or tests for the purpose of determining whether the beneficiary is incapacitated. These examinations or tests shall be conducted by a qualified physician, mutually agreed upon by the executive director and beneficiary, at a place also mutually agreed upon, and the costs of the examination or tests shall be paid by the Maine Judicial Retirement System. If the beneficiary refuses to submit to an examination or tests, his disability allowance shall cease until he agrees to the examination or tests. If his refusal continues for one year, all rights to any further benefits under this section shall terminate. [1983, c. 863, Pt. B, §§26, 45 (amd).]

D. For purposes of this subsection, the disability beneficiary's average final compensation at retirement shall be used to determine his earning capacity in the relation to his ability to engage in a substantially gainful activity. It shall be adjusted by the same percentage, if any, as applied to the beneficiary's retirement allowance under section 1358. [1983, c. 863, Pt. B, §§26, 45 (amd).]

[1991, c. 633 (amd).]

5. Earnings. The executive director may require each disability beneficiary to submit an annual statement of earnings received from any gainful occupation during that year. For any year during which the total of those earnings and the disability allowance exceeds the current salary of the position which he last held, the excess shall be deducted from any disability retirement allowance payments made to the beneficiary during the next calendar year. These deductions shall be prorated on a monthly basis, in an equitable manner prescribed by the board, over the year or part of the year for which benefits are received. The beneficiary shall be responsible for reimbursing the Maine Judicial Retirement System for any excess earnings not so deducted. If a beneficiary does not submit an earnings statement within 30 days of receiving a request from the executive director, his disability retirement allowance shall be discontinued until the statement is submitted. If the statement is not submitted within one year of receiving a request, all his rights to any further benefits shall cease. [1983, c. 863, Pt. B, §§26, 45 (amd).]

6. Reduction. The disability retirement allowance must be reduced if a disability beneficiary is receiving or has received payments for the same disability under the workers' compensation law, or similar law, except for amounts that may be paid or payable under former Title 39, section 56 or 56-A or Title 39-A, section 212, subsection 2 or 3. The total of the allowance, not including adjustments under section 1358 and the payment described in the preceding paragraph, may not exceed 80% of the beneficiary's average final compensation. The disability retirement allowance may in no event be reduced below the actuarial equivalent of the beneficiary's accumulated contributions at the time of retirement. If the disability beneficiary has received a lump-sum settlement of workers' compensation benefits, any portion of that settlement not attributable to vocational rehabilitation, attorneys' fees or medical expenses must reduce the disability retirement allowance in the same manner and amount as monthly workers' compensation benefits. The reduction must be prorated on a monthly basis in an equitable manner prescribed by the board. If amounts paid or payable under workers' compensation or the amount of the lump-sum settlement or its attribution are in dispute, those disputes must be settled by a single member of the Workers' Compensation Board as provided under Title 39-A. Determinations of the commissioner may be appealed in the manner provided by Title 39-A, section 322. [1991, c. 885, Pt. E, §5 (amd); §47 (aff).]

7. Change to service retirement.

A. The disability retirement allowance of a beneficiary must cease whenever the service retirement allowance of the beneficiary would equal or exceed the amount of the member's disability retirement allowance. For a member who by election or by having retired on disability retirement prior to October 16, 1992 remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 3, the disability retirement allowance must cease at age 70, or prior to that age, whenever the service retirement allowance would equal or exceed the amount of the disability retirement allowance. [1997, c. 384, §3 (amd).]

B. A service retirement allowance shall be paid to the beneficiary commencing on the date of termination of the disability retirement allowance as determined in paragraph A. [1983, c. 853, Pt. C, §§15, 18 (new).]

[1997, c. 384, §3 (amd).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B26,B45 (AMD).
PL 1989,
Ch. 133,
§29 (AMD).
PL 1991,
Ch. 633,
§ (AMD).
PL 1991,
Ch. 885,
§E47 (AFF).
PL 1991,
Ch. 885,
§E5 (AMD).
PL 1991,
Ch. 887,
§1-3 (AMD).
PL 1993,
Ch. 595,
§1 (AMD).
PL 1995,
Ch. 643,
§3 (AMD).
PL 1997,
Ch. 384,
§1-3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1354. Restoration to service (REPEALED)

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1354. Restoration to service (REPEALED)

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B27,B45 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1355-A. Minimum ordinary death benefits

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1355-A. Minimum ordinary death benefits

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 12 the retirement benefit of the judge, determined in accordance with section 1352, on the assumption that retirement of the judge had taken place on the date of death. If more than one child is eligible for this benefit, it shall be divided equally among them. This benefit shall continue as long as the spouse or child or children remain eligible. [1989, c. 133, §31 (amd).]

2. Eligibility. Eligibility for the minimum benefit of this section is determined as follows.

A. A surviving spouse is eligible as long as that spouse does not become the dependent of another person. [1983, c. 853, Pt. C, § § 15, 18 (new).]

B. The dependent child or children are eligible until they no longer meet the definition of "dependent child" under section 1201, subsection 6-A. [1989, c. 133, §32 (amd).]

[1989, c. 133, §32 (amd).]

3. Election of benefits. The benefits described in this section shall be instead of any benefits payable under either section 1355 or section 1356. Any person entitled to receive benefits under this section may elect, before benefit payments begin, to receive benefits under section 1355 or section 1356 instead of these benefits, if all requirements of that section are complied with. [1983, c. 863, Pt. B, § § 32, 45 (new).]

4. Cost-of-living adjustments. Payments made under subsection 1 shall be adjusted pursuant to section 1358 in the same manner as retirement allowances. [1983, c. 863, Pt. B, § § 32, 45 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B31,32,B45 (AMD).
PL 1989,
Ch. 133,
§31,32 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1355. Ordinary death benefits

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1355. Ordinary death benefits

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, shall be entitled to benefits on the same basis as provided for beneficiaries of state employees who are members of the Maine State Retirement System by Title 5, chapter 423, subchapter V, article 3. [1989, c. 133, §30 (rpr).]

1. Death before eligibility for service retirement. [1989, c. 133, §30 (rp).]

2. Death after eligibility for retirement. [1989, c. 133, §30 (rp).]

3. Election of benefits. [1989, c. 133, §30 (rp).]

4. Cost-of-living adjustments. [1989, c. 133, §30 (rp).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B28-30,B45 (AMD).
PL 1989,
Ch. 133,
§30 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1356. Accidental death benefits
Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1356. Accidental death benefits

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 shall be paid on the same basis as provided for members of the Maine State Retirement System by Title 5, chapter 423, subchapter V, article 5. [1989, c. 133, §33 (rpr).]

1. Benefit. [1989, c. 133, §33 (rp).]

2. Reduction and termination. [1989, c. 133, §33 (rp).]

3. Election of benefits. [1989, c. 133, §33 (rp).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B33,34,B45 (AMD).
PL 1989,
Ch. 133,
§33 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1357. Payment of regular retirement allowances

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1357. Payment of regular retirement allowances

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 allowance shall be paid to the beneficiary or estate of the recipient for the month in which the member dies. All regular retirement allowances shall be paid for life in equal monthly installments, unless an alternative method of payment under one of the options of subsection 2 has been elected. Upon the death of a former member who was in service as a judge prior to December 1, 1984, and who is 50 years of age or older on that date and who is the recipient of a retirement allowance under the normal method of payment, the surviving spouse who is the named beneficiary at the date of retirement shall become entitled to 12 of the amount being paid at the time of the member's death which payment shall continue for the remainder of the spouse's lifetime. Upon the death of a former member who was in service as a judge prior to December 1, 1984, and who is 50 years of age or older on that date and who becomes the recipient of a disability retirement allowance, the surviving spouse who is the named beneficiary shall become entitled to 12 the amount that the member would have been entitled to as a service retirement allowance under the normal method of payment as of the date of the member's death. [1989, c. 133, §34 (amd).]

2. Optional methods of payment. In lieu of payment under subsection 1, a qualifying member may elect to receive a regular retirement allowance under one of the options set out in this subsection. The optional allowance is a reduced allowance computed actuarially on the basis of the option selected. The qualifying member may elect one of the options by written request to and approval of the executive director prior to the commencement of payment of a regular retirement allowance. The election may be revoked by written notice to the executive director at any time before the regular retirement allowance commences. For the purposes of this subsection, "qualifying member" means a member or a former member who is receiving a disability retirement benefit.

A. Under Option 1, the qualifying member may elect to have a reduced retirement benefit paid to the qualifying member while alive and at the qualifying member's death to have the excess, if any, of the qualifying member's accumulated contributions at the time of retirement over the portion of the total retirement benefit payments actually made to the qualifying member while alive, which is the actuarial equivalent of the accumulated contributions, paid in a lump sum to the beneficiary that the qualifying member has nominated by written designation duly notarized and filed with the executive director or, if no one has been nominated as beneficiary, to the qualifying member's estate. [1999, c. 744, §1 (rpr); §17 (aff).]

B. Under Option 2, the qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have the benefit continued in the same amount for the life of the beneficiary that the qualifying member has nominated by written designation duly notarized and filed with the executive director at the time of retirement, if the beneficiary survives the qualifying member. [1999, c. 744, §1 (rpr); §17 (aff).]

C. Under Option 3, the qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have the benefit continued at 12 the amount for the life of the beneficiary that the qualifying member has nominated by written designation duly acknowledged and filed with the executive director at the time of retirement, if the beneficiary survives the qualifying member. [1999, c. 744, §1 (rpr); §17 (aff).]

D. Under Option 4, the qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and at the qualifying member's death to have some benefit other than that available under paragraphs B or C payable to the beneficiary that the qualifying member has designated, if the beneficiary survives the qualifying member. The total value of the benefit paid to the qualifying member during the qualifying member's life plus the benefit paid after the qualifying member's death is the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The method used to determine the benefit must be approved by the board, and the beneficiary must be designated by written designation, duly notarized and filed with the executive director on a form provided or specified by the Maine Judicial Retirement System. [1999, c. 744, §1 (rpr); §17 (aff).]

E. Under Option 5, the qualifying member may elect to have a reduced retirement benefit payable in part to the qualifying member and in part to the beneficiary, who must be the sole beneficiary, while both are alive and, at the death of either, to have the higher benefit paid to the survivor for the survivor's life. The total value of the benefit paid to the qualifying member and beneficiary, during the qualifying member's life, plus the benefit to be paid after the death of either is the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The method used to determine the benefit must be approved by the board, and the beneficiary must be designated by written designation, duly notarized and filed with the executive director on a form provided or specified by the Maine Judicial Retirement System. [1999, c. 744, §1 (new); §17 (aff).]

F. Under Option 6, the qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and, at the qualifying member's death, to have the benefit continued in the same amount for the life of the beneficiary, who must be the sole beneficiary, that the qualifying member has designated by written designation, duly notarized and filed with the executive director on a form provided or specified by the Maine Judicial Retirement System, if the beneficiary survives the qualifying member. If the qualifying member's beneficiary predeceases the qualifying member, the qualifying member's benefit must be changed, effective the first day of the month following the date of the beneficiary's death, to be the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The reduced retirement benefit must be actuarially calculated to reflect the fact that the benefit may be changed to the larger amount should the beneficiary predecease the member. [1999, c. 744, §1 (new); §17 (aff).]

G. Under Option 7, the qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and, at the qualifying member's death, to have the benefit continued at 12 that amount for the life of the beneficiary, who must be the sole beneficiary, that the qualifying member has designated by written designation, duly notarized and filed with the executive director on a form provided or specified by the Maine Judicial Retirement System, if the beneficiary survives the qualifying member. If the qualifying member's beneficiary predeceases the qualifying member, the qualifying member's benefit must be changed, effective the first day of the month following the date of the beneficiary's death, to the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The reduced retirement benefit must be actuarially calculated to reflect the fact that the benefit may be changed to the larger amount should the beneficiary predecease the member. [1999, c. 744, §1 (new); §17 (aff).]

H. Under Option 8, the qualifying member may elect to have a reduced retirement benefit payable to the qualifying member while alive and, at the qualifying member's death, to have some benefit other than that available under paragraph B or C payable to the beneficiary that the member has designated, if the beneficiary survives the qualifying member. The total value of the benefit paid to the qualifying member plus the benefit paid after the qualifying member's death is the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. If the qualifying member's beneficiary predeceases the qualifying member, the qualifying member's benefit must be changed, effective the first day of the month following the date of the beneficiary's death, to be the actuarial equivalent of the benefit that the qualifying member would have received without optional modification. The reduced retirement benefit must be actuarially calculated to reflect the fact that the benefit may be changed to the larger amount should the beneficiary predecease the member. [1999, c. 744, §1 (new); §17 (aff).]

[1999, c. 744, §1 (rpr); §17 (aff).]

3. One-time change of beneficiary. If the recipient of a service retirement benefit has elected an optional method of payment under subsection 2, paragraphs B to H, and has designated someone other than a spouse or ex-spouse as sole beneficiary, the recipient is permitted a one-time change in the designated beneficiary, but not in the already elected payment option or in the amount of the benefits under that option, by filing a written designation of the new beneficiary, duly notarized, with the executive director on a form provided or specified by the Maine Judicial Retirement System. The change of beneficiary permitted by this subsection may only be made prior to the death of the prior designated beneficiary.

A. The benefit payable to the recipient and the new beneficiary must be paid under the same payment option. The amount of the recipient's benefit may not change, and the amount of the new beneficiary's benefit must be the same as the amount of the prior beneficiary's benefit. [1999, c. 744, §2 (new).]

B. The effective date of the designation of the new beneficiary is the date the designation is received by the executive director. As of the first day of the month following the effective date of the designation of the new beneficiary, the prior beneficiary is no longer entitled to any benefit payment and, if concurrent payment under subsection 2, paragraph E has been elected, the new beneficiary's benefit must become effective on the same date. [1999, c. 744, §2 (new).]

C. The new beneficiary's entitlement to benefits ceases on the earlier of:

(1) The date of the new beneficiary's death; or

(2) The date established when the amount of the prior beneficiary's benefit was established, which is the initial commencement date of benefits to the retiree increased by the life expectancy of the prior beneficiary computed in years and months using actuarial equivalence assumptions recommended by the system's actuary.

Payment of benefits to the new beneficiary must cease as of the first day of the month following the earlier of subparagraph (1) or (2). [1999, c. 744, §2 (new).]

[1999, c. 744, §2 (new).]

4. Notice to spouse. A qualifying member who is married on the effective date of retirement, who elects the method of payment under subsection 1 and is not covered by the automatic spousal benefits provisions in that subsection, or who elects a method of payment other than that provided under subsection 1 and who designates a beneficiary other than the qualifying member's spouse must notify the spouse that the spouse is not the beneficiary. Proof that the spouse has been notified must be provided:

A. By written certification of the spouse, duly notarized, on a form provided or specified by the Maine Judicial Retirement System indicating that notice has been received from the qualifying member; or [1999, c. 744, §2 (new); §17 (aff).]

B. When notice has been given, but certification by the spouse has not been provided, by written certification of the qualifying member, duly notarized, on a form provided or specified by the Maine Judicial Retirement System indicating that notice has been given to the spouse. [1999, c. 744, §2 (new); §17 (aff).]

Payment of the qualifying member's service benefit may not commence until certification has been received by the executive director. [1999, c. 744, §2 (new); §17 (aff).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B35,B45 (AMD).
PL 1985,
Ch. 475,
§1,4 (AMD).
PL 1989,
Ch. 133,
§34 (AMD).
PL 1999,
Ch. 744,
§1,2 (AMD).
PL 1999,
Ch. 744,
§17 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1358. Cost-of-living and other adjustments

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1358. Cost-of-living and other adjustments

1. Cost-of-living adjustments. Except as provided in subsection 2, paragraph A, retirement allowances under this chapter shall be adjusted as follows.

A. The board shall automatically adjust allowances, beginning in September 1985, and each September thereafter, by any percentage change in the Consumer Price Index from July 1st to June 30th, but only to a maximum annual increase or decrease of 4%. The board shall determine the cost of these adjustments and shall include them in its budget requests, if necessary. [1985, c. 693, §11 (rpr).]

B. Whenever the annual percentage change in the Consumer Price Index from July 1st to June 30th exceeds 4%, the board shall adjust allowances as set out in paragraph A and shall report the adjustment and the actual increase or decrease in the Consumer Price Index to the Legislature during February of the following year. [1985, c. 693, §11 (rpr).]

C. Adjustments under this section must be applied to the allowances of all retirees who have been retired for at least 12 months before the adjustment takes effect, except that a member who has less than 10 years of creditable service on July 1, 1993 may not receive a cost-of-living adjustment until at least 12 months after reaching normal retirement age. Beneficiaries of deceased retirees and members are eligible for the adjustment provided in this section at the same time the deceased retiree or member would have been eligible. A member who is eligible to retire as of June 30, 1993 and who actually retires effective no later than July 1, 1994 is eligible for the cost-of-living adjustment if that member has been retired for at least 6 months before the date that the adjustment becomes payable. [1993, c. 595, §2 (amd).]

D. The amount of a retirement allowance payable under this chapter shall not be less than the retiree received on the effective date of his retirement. [1985, c. 693, § 11 (rpr).]

[1993, c. 595, §2 (amd).]

2. Retirement allowances. Retirement allowances under section 1352, subsection 4.

A. Beginning in July 1985, and each July thereafter, through July 1989, retirement allowances under section 1352, subsection 4, shall be increased by 6% compounded annually. [1985, c. 693, §11 (new).]

B. Beginning in September 1990, and each September thereafter, retirement allowances under section 1352, subsection 4, shall be adjusted as provided in subsection 1. [1985, c. 693, §11 (new).]

[1985, c. 693, §11 (new).]

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B36,B45 (AMD).
PL 1985,
Ch. 693,
§11 (RPR).
PL 1993,
Ch. 410,
§L8-A (AMD).
PL 1993,
Ch. 595,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1359. Termination of retirement benefits for conflict of interest (REPEALED)

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1359. Termination of retirement benefits for conflict of interest (REPEALED)

Section History:
PL 1983,
Ch. 853,
§C15,18 (NEW).
PL 1983,
Ch. 863,
§B37,B45 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1360. Remarriage after retirement

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1360. Remarriage after retirement

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. [1999, c. 744, §3 (amd); §17 (aff).]

1. Election of benefit for new spouse. The retiree may elect to have the reduced retirement benefit paid under the same option to the new spouse after the retiree's death instead of continuing the original reduced retirement allowance to the retiree during the retiree's lifetime, under the following conditions:

A. The original spouse must have been the sole beneficiary of the reduced retirement allowance under section 1357, subsection 2, paragraph B, C, D or E; and [1999, c. 744, §4 (amd); §17 (aff).]

B. The retiree must have been married to the new spouse for at least 6 months. [1989, c. 133, §35 (new).]

[1999, c. 744, §4 (amd); §17 (aff).]

2. Time and manner of election. The retiree may make the election at any time after the death of the original spouse and remarriage to the new spouse by:

A. Sending a written request to the executive director; and [1989, c. 133, §35 (new).]

B. Submitting evidence of the death of the former spouse and date of marriage to the new spouse. [1989, c. 133, §35 (new).]

[1989, c. 133, §35 (new).]

3. Amount of benefit. The amount of the benefit payable under the option elected shall be the actuarial equivalent, at the date of the beginning of payment of benefits under this section, of the amount of reduced retirement allowance the retiree has been receiving. [1989, c. 133, §35 (new).]

4. Effective date of coverage of new spouse. The effective date of the designation of the new spouse as the retiree's new beneficiary shall be the date the request is received or 6 months after the date of remarriage, whichever comes later. The retiree's retirement allowance shall be adjusted on the first day of the month following the effective date of the new designation of beneficiary. [1989, c. 133, §35 (new).]

Section History:
PL 1989,
Ch. 133,
§35 (NEW).
PL 1999,
Ch. 744,
§17 (AFF).
PL 1999,
Ch. 744,
§3,4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 4 - §1361. Divorce

Title 4: JUDICIARY
Chapter 27: JUDICIAL RETIREMENT ON OR AFTER DECEMBER 1, 1984 (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1983, c. 853, Pt. C, @@15, 18 (new))

§1361. Divorce

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. [1999, c. 744, §5 (amd); §17 (aff).]

1. Election of benefit for difference beneficiary. The recipient may elect to have the reduced retirement benefit paid under the same option to a different beneficiary under the following conditions:

A. The spouse or former spouse who was originally named as retirement beneficiary must have been the sole beneficiary of the reduced retirement benefit under section 1357, subsection 2, paragraph B, C, D or E; and [1999, c. 744, §6 (amd); §17 (aff).]

B. The recipient and the spouse or former spouse who was originally named retirement beneficiary must agree to the change of beneficiary. Prior to this agreement, the executive director shall ensure that the spouse or former spouse who was originally named as retirement beneficiary has been counseled by an employee of the retirement system regarding the financial effect of giving up rights as a beneficiary and has signed a statement that the information has been received and understood. [1997, c. 55, §2 (new).]

[1999, c. 744, §6 (amd); §17 (aff).]

2. Time and manner of election. The recipient may make the election at any time after the divorce is granted by:

A. Sending a written request to the executive director; and [1997, c. 55, §2 (new).]

B. Submitting evidence of the divorce. [1997, c. 55, §2 (new).]

[1997, c. 55, §2 (new).]

3. Amount of benefit. The amount of the benefit payable under the option elected is the actuarial equivalent, at the date of the beginning of payment of benefits under this section, of the amount of reduced retirement benefit the recipient has been receiving, plus the amount expected to be paid to the original spouse after the recipient's death. [1997, c. 55, §2 (new).]

4. Effective date of coverage of new beneficiary. The effective date of the designation of the recipient's new beneficiary is the date the request is received. The recipient's retirement benefit must be adjusted on the first day of the month following the effective date of the new designation of beneficiary. [1997, c. 55, §2 (new).]

Section History:
PL 1997,
Ch. 55,
§2 (NEW).
PL 1999,
Ch. 744,
§17 (AFF).
PL 1999,
Ch. 744,
§5,6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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