USA Statutes : maine
Title : Title 03. LEGISLATURE
Chapter : Chapter 29. LEGISLATIVE RETIREMENT (HEADING. PL 1985, c. 507, @1 (new))
Title 3 - §701. Definitions

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 507, @1 (new))

§701. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1985, c. 507, §1 (new).]

1. Accumulated contributions. "Accumulated contributions" means the sum of all the amounts credited to a member's individual account, together with regular interest on the account. [1985, c. 507, §1 (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. [1985, c. 507, §1 (new).]


3. Average final compensation. "Average final compensation" means the average annual rate of earnable compensation of a member during the 3 years of creditable service, not necessarily consecutive, in which the average annual rate of earnable compensation is highest or during the member's entire period of creditable service if the period is less than 3 years. [1991, c. 580, §1 (amd).]


4. Beneficiary. "Beneficiary" means any person who receives or is designated to receive a benefit provided by this chapter. [1985, c. 507, §1 (new).]


5. Board of trustees. "Board of trustees" means the board provided for in section 731. [1985, c. 507, §1 (new).]


6. Child or children. [1989, c. 133, §1 (rp).]


7. Consumer Price Index. [1989, c. 133, §1 (rp).]


8. Creditable service. "Creditable service" means service rendered while a member of the Maine Legislative Retirement System or the Maine State Retirement System for which credit is allowed under section 802. [1985, c. 507, §1 (new).]


9. Earnable compensation. "Earnable compensation" means the actual compensation of a Legislator. Any money paid by the State under an annuity contract for the future benefit of a Legislator shall be considered part of the Legislator's earnable compensation. The earnable compensation of a member retired with a disability retirement allowance under section 853 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 to that time, subject to the same percentage adjustments, if any, that may apply to the amount of retirement allowance of the beneficiary under section 858. [1985, c. 507, §1 (new).]


10. Father. [1989, c. 133, §1 (rp).]


11. Legislator. "Legislator" means a member of the Legislature who is actively serving as of December 3, 1986, or who is elected subsequent to December 2, 1986. [1985, c. 507, §1 (new).]


12. Member. "Member" means a Legislator who is included in the membership of the Maine Legislative Retirement System, as provided in section 801. [1985, c. 507, §1 (new).]


13. Mother. [1989, c. 133, §1 (rp).]


14. Parent. [1989, c. 133, §1 (rp).]


15. 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. 133, §2 (amd).]


16. Retirement. "Retirement" means the termination of membership service with a retirement allowance granted under this chapter. [1985, c. 507, §1 (new).]


17. Spouse. [1989, c. 133, §3 (rp).]


Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§1-3 (AMD).
PL 1991,
Ch. 580,
§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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 3 - §702. Name; date of establishment and purpose

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 507, @1 (new))

§702. Name; date of establishment and purpose

There is established the Maine Legislative Retirement System, which shall have the powers and privileges of a corporation. [1985, c. 507, §1 (new).] div>
The purpose of the Maine Legislative Retirement System is to provide retirement allowances and other benefits under this chapter for Legislators. [1985, c. 507, § 1 (new).]

Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §703. Legal process and assignment

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 507, @1 (new))

§703. 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, §1 (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, §1 (new); §10 (aff).]


2. Accumulated contributions available for child support. A member's accumulated contributions, which are refundable under section 805, are available to satisfy a child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; and [1991, c. 746, §1 (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, §1 (new); §10 (aff).]


Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1991,
Ch. 746,
§1 (RPR).
PL 1991,
Ch. 746,
§10 (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 3 - §704. Beneficiaries under disability

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 507, @1 (new))

§704. 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. [1985, c. 507, § 1 (new).]

Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §731. Board of trustees

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1985, c. 507, @1 (new))

§731. Board of trustees

The Board of Trustees of the Maine Legislative 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 Legislative Retirement System is responsible for the proper operation and implementation of the Maine Legislative Retirement System under this chapter. [1985, c. 507, §1 (new).]

1. Duties. The board shall have the same duties with respect to the Maine Legislative Retirement System as the Board of Trustees of the Maine State Retirement System has with 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, §4 (amd).]


2. Administration of Maine Legislative Retirement System. The board of trustees shall administer the Maine Legislative Retirement System and may 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. [1985, c. 507, §1 (new).]


3. Expenses. The trustees shall be compensated, as provided in Title 5, chapter 379, from the funds of the Maine Legislative Retirement System. [1985, c. 507, §1 (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. This 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, §1 (amd).]


5. Quorum. Each voting trustee is entitled to one vote on 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, §1 (amd).]


Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§4 (AMD).
RR 1997,
Ch. 2,
§5 (COR).
PL 1999,
Ch. 790,
§D1 (AMD).
PL 2001,
Ch. 181,
§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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 3 - §732. Executive director

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1985, c. 507, @1 (new))

§732. Executive director

The Executive Director of the Maine State Retirement System shall be the Executive Director of the Maine Legislative Retirement System. The executive director shall have the same powers and duties with respect to the Maine Legislative Retirement System as he does with the Maine State Retirement System, except as provided in this chapter. [1985, c. 507, § 1 (new).]

Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §733. Actuary

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1985, c. 507, @1 (new))

§733. Actuary

The Actuary of the Maine State Retirement System shall be the Actuary of the Maine Legislative Retirement System. [1985, c. 507, § 1 (new).]

Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §734. Medical board

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1985, c. 507, @1 (new))

§734. Medical board

A medical board of the Maine State Retirement System established in section 17106, subsection 1 is the medical board of the Maine Legislative 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 executive director its conclusions and recommendations upon all the matters referred to it. The board of trustees may designate other physicians to provide medical consultation on legislative disability cases. [1995, c. 643, §1 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1995,
Ch. 643,
§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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 3 - §735. Administrative procedures

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1985, c. 507, @1 (new))

§735. 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, §5 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§5 (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 3 - §736. Legal adviser

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 2: ADMINISTRATION (HEADING: PL 1985, c. 507, @1 (new))

§736. Legal adviser

The Attorney General or an assistant designated by him shall be legal adviser of the Board of Trustees of the Maine Legislative Retirement System. [1985, c. 507, § 1 (new).]

Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §751. Control of funds

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 3: FINANCING (HEADING: PL 1985, c. 507, @1 (new))

§751. 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, §6 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1987,
Ch. 402,
§A7 (AMD).
PL 1989,
Ch. 133,
§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 Title 3 - §752. Custodian of funds

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 3: FINANCING (HEADING: PL 1985, c. 507, @1 (new))

§752. Custodian of funds

Except as otherwise provided, the Treasurer of State is the custodian of the funds of the Maine Legislative 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. [1985, c. 507, § 1 (new).]

Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §753. Expenses

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 3: FINANCING (HEADING: PL 1985, c. 507, @1 (new))

§753. Expenses

All money to pay the administrative expenses of the Maine Legislative Retirement System shall be paid by the State. [1985, c. 507, § 1 (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 Legislative Retirement System during the ensuing biennium. The State shall pay that amount, for that purpose, into the fund established for that purpose. [1985, c. 507, §1 (new).]


2. Balance. Any unexpended balance shall not lapse, but shall constitute a continuous carrying account. [1985, c. 507, § 1 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §754. Investments

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 3: FINANCING (HEADING: PL 1985, c. 507, @1 (new))

§754. Investments

The board of trustees may combine funds from the Maine Legislative 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 Legislative Retirement System shall not be combined for benefit payment purposes or for administrative expenses. [1985, c. 507, § 1 (new).]

Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §755. Legislative findings and intent

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 3: FINANCING (HEADING: PL 1985, c. 507, @1 (new))

§755. Legislative findings and intent

1. Findings. The Legislature finds that the State owes a great debt to its retired Legislators for their years of faithful and productive service. Part of that debt is repaid by the benefits provided to Legislators through the Maine Legislative Retirement System. [1985, c. 507, § 1 (new).]


2. Intent. It is the intent of the Legislature that there shall be appropriated and transferred annually to the Maine Legislative 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 shall be funded by annual appropriations over the funding period of the system. [1985, c. 507, § 1 (new).]


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. [1985, c. 507, §1 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §801. Membership

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1985, c. 507, @1 (new))

§801. Membership

1. Membership mandatory. Every Legislator serving in the Legislature on or after December 3, 1986, is a member of the Maine Legislative Retirement System, except that any Legislator who is a member of the Maine State Retirement System on December 2, 1986, may continue to be a member of that system instead of becoming a member of the Maine Legislative Retirement System, and any Legislator who is a public school teacher or an employee of the Maine Community College System on leave of absence for the purpose of serving in the Legislature continues to be a member of the Maine State Retirement System and to have contributions deducted from the member's legislative earnable compensation as provided by Title 5, section 17701. A Legislator who is the recipient of a retirement allowance from the Maine State Retirement System becomes a member of the Maine Legislative Retirement System, but no creditable service granted under the Maine State Retirement System may be transferred to the Maine Legislative Retirement System. A member ceases to be a member when the member withdraws the member's contributions, becomes a beneficiary as a result of the member's own retirement or dies. [2001, c. 657, §1 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]


1-A. Waiver provision. Any Legislator may petition the presiding officer for a waiver from the membership provisions of subsection 1 if it can be demonstrated that membership in the Maine Legislative Retirement System will create or exacerbate a Legislator's federal income tax liability due to the ownership of another retirement plan. The Office of the Executive Director of the Legislative Council shall provide assistance as requested by the Legislator or presiding officer. The presiding officer shall respond to the Legislator's petition within 30 days and shall provide copies of the decision to the Executive Director of the Legislative Council and the Executive Director of the Maine State Retirement System. [1989, c. 501, Pt. O, §8 (new).]


2. Reports from Legislative Administrative Director. The Executive Director of the Legislative Council 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. [1985, c. 737, Pt. B, § 4 (amd).]


Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1985,
Ch. 737,
§B4 (AMD).
PL 1989,
Ch. 133,
§7 (AMD).
PL 1989,
Ch. 501,
§O8 (AMD).
PL 2001,
Ch. 657,
§1 (AMD).
PL 2003,
Ch. 20,
§OO2 (AMD).
PL 2003,
Ch. 20,
§OO4 (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 3 - §802. Creditable service

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1985, c. 507, @1 (new))

§802. Creditable service

Creditable service for the purpose of determining benefits under this chapter shall be allowed as follows. [1985, c. 507, § 1 (new).]

1. Legislative service after December 2, 1986. All legislative service of a member after December 2, 1986, for which contributions are made, shall be allowed as creditable service. [1985, c. 507, § 1 (new).]


2. Legislative service before December 3, 1986. All service of a member as a Legislator before December 3, 1986, shall be allowed as creditable service upon payment of contributions at that percentage rate required of members of the Maine State Retirement System during the period of time covered by the legislative service applied to the earnable compensation of the member, together with interest at a rate set by a rule of the board from the end of the calendar year in which the compensation was paid to the date payment of the contributions is made. [1985, c. 507, § 1 (new).]


3. Disability retirement. The period following the termination of service for which a beneficiary receives disability retirement allowance payments under section 853 shall be allowed as membership service. [1985, c. 507, § 1 (new).]


4. Maine State Retirement System service. Creditable service as a member of the Maine State Retirement System as a state employee shall be allowed as creditable service of the Maine Legislative Retirement System as follows.



A. Any member who has not withdrawn his accumulated contributions with the Maine State Retirement System may, upon becoming a Legislator, have his Maine State Retirement System contributions and membership service transferred to his account with the Maine Legislative Retirement System and all creditable service resulting from his membership in the Maine State Retirement System shall be creditable service in the Maine Legislative Retirement System.
All funds in the Maine State Retirement System contributed by the State on account of the member's employment shall be transferred to the Maine Legislative 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 Legislative 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 State Retirement System. [1985, c. 507, § 1 (new).]




B. Any member who has withdrawn his accumulated contributions from the Maine State Retirement System may, subsequent to becoming a Legislator 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 a rate set by a rule of the board 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 the previous creditable service which the total amount of payments actually made bears to the total amount, including interest at a rate set by a rule of the board from the date of withdrawal to the date the retirement allowance becomes effective. [1985, c. 507, § 1 (new).]




C. No person may receive benefits under both the Maine Legislative Retirement System and the Maine State Retirement System based upon the same period of service. [1985, c. 507, § 1 (new).]

[1985, c. 507, § 1 (new).]


5. 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, but in no case shall it allow more than one year of service for all service in one calendar year. [1985, c. 507, § 1 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §803. State contribution

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1985, c. 507, @1 (new))

§803. State contribution

1. Payment. For each member, the State shall pay annually into the fund an amount known as the employer contribution. [1985, c. 507, § 1 (new).]


2. Employer contribution. Employer contribution shall be fixed on the basis of the assets and liabilities of the Maine Legislative 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 member's compensation payable during periods of membership required to provide the difference between the total liabilities for retirement allowances and the amount of the assets in the fund. [1985, c. 507, §1 (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. [1985, c. 507, § 1 (new).]

[1985, c. 507, § 1 (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 Legislators, 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 Legislative 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. [1985, c. 507, § 1 (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. [1985, c. 507, §1 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §804. Members' contributions

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1985, c. 507, @1 (new))

§804. Members' contributions

On and after July 1, 1993, each member shall contribute at a rate of 7.65% of earnable compensation. [1993, c. 410, Pt. L, §3 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1993,
Ch. 410,
§L3 (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 3 - §805. Return of accumulated contributions

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1985, c. 507, @1 (new))

§805. Return of accumulated contributions

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



A. [1997, c. 651, §1 (rp).]




B. Payment must be made upon application and upon termination of service and in not less than 22 days and not 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, §1 (amd).]


2. Applicability. This section shall not apply to contributions paid by the State. [1985, c. 507, §1 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1993,
Ch. 387,
§A1 (AMD).
PL 1997,
Ch. 651,
§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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 Title 3 - §806. Additional member contributions by certain members

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 4: MEMBERSHIP AND CONTRIBUTION (HEADING: PL 1985, c. 507, @1 (new))

§806. Additional member contributions by certain members

1. Application. This section applies to a Legislator who is a public school teacher or an employee of the Maine Community College System who is on a leave of absence for the purpose of serving in the Legislature on or after July 1, 2002. [2001, c. 657, §2 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]


2. Additional member contributions on difference in earnable compensation. A Legislator subject to this section whose earnable compensation as a Legislator is less than the earnable compensation that would have been earned in the position from which the Legislator is on a leave of absence may make member contributions on the amount that represents the difference between the legislative earnable compensation received and the earnable compensation that would have been received in the position from which the Legislator is on a leave of absence. [2001, c. 657, §2 (new).]


3. Maximum total earnable compensation; total member contributions. The total earnable compensation on which a Legislator makes member contributions under this section may not be greater than the earnable compensation that the Legislator would have received had the Legislator remained in the position from which the Legislator is on a leave of absence. The Legislator's total member contributions under this section may not be greater than the member contributions that would have been paid on the earnable compensation that the Legislator would have received had the Legislator remained in that position from which the Legislator is on a leave of absence. [2001, c. 657, §2 (new).]


4. Method of member contribution. A Legislator may make member contributions under this section by either a single lump sum payment or by annual direct payments as provided by Title 5, section 17701, subsection 4. [2001, c. 657, §2 (new).]


5. Interest. If the Legislator makes member contributions under this section in the year in which the Legislator is on leave of absence, no interest accrues. If payment of member contributions under this section is made at any later time, interest accrues at a rate to be set by the board of trustees not to exceed regular interest by 5% or more, computed beginning at the end of the year in which the contributions would have been made to date of payment. [2001, c. 657, §2 (new).]


6. Written agreement. A Legislator who elects to make additional member contributions under this section must enter into a written agreement with the Maine State Retirement System for the making of the contributions. The agreement must be in a form specified by the Maine State Retirement System and according to terms and procedures specified by the Maine State Retirement System. [2001, c. 657, §2 (new).]


7. Employer contribution. Whenever a Legislator elects to make member contributions under this section, the State shall pay the employer share of contributions on the amount that represents the difference between the legislative earnable compensation received by the Legislator and the earnable compensation that would have been received by the Legislator in the position from which the Legislator is on a leave of absence. [2001, c. 657, §2 (new).]


Section History:
PL 2001,
Ch. 657,
§2 (NEW).
PL 2003,
Ch. 20,
§OO2 (AMD).
PL 2003,
Ch. 20,
§OO4 (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 3 - §851. Eligibility for retirement

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§851. Eligibility for retirement

Upon written application to the board setting forth the date upon which the member chooses to terminate employment, any member may retire on a service retirement allowance upon meeting one of the following. [1989, c. 133, §8 (amd).]

1. Age 60 years; 10 years of creditable service on July 1, 1993. [1999, c. 756, §1 (rp).]


1-A. Age 62; less than 10 years creditable service on July 1, 1993. [1999, c. 756, §1 (rp).]


1-B. At least 10 years of creditable service or 60 years of age on July 1, 1993. A member who on July 1, 1993, whether or not in service on that date, had 10 years of creditable service or who on July 1, 1993 had reached 60 years of age and was then in service may retire at 60 years of age or thereafter, whether or not the member is in service at retirement. Creditable service as a member of the Maine State Retirement System may be combined with creditable service as a member of the Maine Legislative Retirement System for the purpose of determining the completion of 10 years of creditable service. [1999, c. 756, §2 (new).]


1-C. Less than 10 years of creditable service on July 1, 1993. A member who on July 1, 1993 had less than 10 years of creditable service and who was in service on October 1, 1999; who had left service prior to October 1, 1999 with or without withdrawing contributions and on or after October 1, 1999 returned to service; or who first enters service on or after October 1, 1999 may retire at 62 years of age or thereafter, whether or not the member is in service at retirement, as long as the member has at the time of retirement at least 5 years of creditable service. Creditable service as a member of the Maine State Retirement System may be combined with creditable service as a member of the Maine Legislative Retirement System for the purpose of determining the completion of 5 years of creditable service. [1999, c. 756, §2 (new).]


2. Early retirement; 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. Creditable service as a member of the Maine State Retirement System may be combined with creditable service as a member of the Maine Legislative Retirement System for the purpose of determining the completion of 25 years of creditable service. The retirement allowance is determined in accordance with section 852, 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 years 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. [1999, c. 756, §3 (amd).]


2-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. Creditable service as a member of the Maine State Retirement System may be combined with creditable service as a member of the Maine Legislative Retirement System for the purpose of determining the completion of 25 years of creditable service. The retirement allowance is determined in accordance with section 852, except that it is reduced by 6% for each year that the member's age precedes age 62. [1999, c. 756, §3 (amd).]


2-B. 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-C applies only to:



A. A member who was in service on October 1, 1999; [1999, c. 756, §4 (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 who on or after October 1, 1999 returned to service; or [1999, c. 756, §4 (new).]




C. A member who was first in service on or after October 1, 1999. [1999, c. 756, §4 (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, §4 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§8 (AMD).
PL 1991,
Ch. 528,
§EEE1 (AMD).
PL 1991,
Ch. 528,
§EEE18,RRR (AFF).
PL 1991,
Ch. 591,
§EEE1 (AMD).
PL 1991,
Ch. 591,
§EEE18 (AFF).
PL 1993,
Ch. 410,
§L3-A (AMD).
PL 1999,
Ch. 756,
§1-4 (AMD).
RR 1999,
Ch. 1,
§1 (COR).
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 3 - §852. Retirement benefits

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§852. Retirement benefits

1. Amount. The service retirement allowance of a member shall be determined under this chapter in effect on the member's date of final termination of service. Subject to the minimum benefit provided for in paragraph B, the total amount of the retirement allowance of a member retired in accordance with section 851 shall be equal to:



A. One-fiftieth of the member's average final compensation multiplied by the number of years of creditable service allowed under section 802; and [1985, c. 507, § 1 (new).]




B. Any member who has 10 or more years of creditable service at retirement shall be entitled to a minimum of $100 per month. [1985, c. 507, § 1 (new).]

[1985, c. 507, § 1 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §853. Disability retirement

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§853. Disability retirement

Any member who becomes disabled while in service may receive a disability retirement allowance on the same basis as provided for members of the Maine State Retirement System by Title 5, chapter 423, subchapter V, article 3. [1989, c. 133, §9 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§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 3 - §854. Restoration to service

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§854. Restoration to service

If a recipient of a retirement allowance under this chapter again becomes a member of the Legislature, he may: [1985, c. 507, § 1 (new).]

1. Receive allowance. Continue to receive the retirement allowance and not accrue any additional creditable service for that legislative service; or [1985, c. 507, § 1 (new).]


2. Discontinue allowance. Direct, in writing, that the executive director discontinue his retirement allowance and he shall accrue additional creditable service for that legislative service. [1985, c. 507, §1 (new).]


Section History:
PL 1985,
Ch. 507,
§1 (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 3 - §855. Ordinary death benefits

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§855. 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 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 4. [1989, c. 133, §10 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§10 (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 3 - §856. Accidental death benefits

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§856. 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, §11 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§11 (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 3 - §857. Payment of service retirement allowance

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§857. Payment of service retirement allowance

All service retirement allowances shall be paid on the same basis as provided for members of the Maine State Retirement System by Title 5, section 17804. [1989, c. 133, §12 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§12 (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 3 - §858. Cost-of-living and other adjustments

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§858. Cost-of-living and other adjustments

Retirement allowances under this chapter shall be adjusted on the same basis as provided for members of the Maine State Retirement System by Title 5, section 17806. [1989, c. 133, §13 (amd).]

Section History:
PL 1985,
Ch. 507,
§1 (NEW).
PL 1989,
Ch. 133,
§13 (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 3 - §859. Remarriage after retirement

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§859. Remarriage after retirement

If a retiree who is the recipient of a reduced service retirement allowance under section 857 remarries after the retiree's spouse dies, 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 same basis as provided for members of the Maine State Retirement System by Title 5, section 17805. [1989, c. 133, §14 (new).]

Section History:
PL 1989,
Ch. 133,
§14 (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 3 - §860. Divorce

Title 3: LEGISLATURE
Chapter 29: LEGISLATIVE RETIREMENT (HEADING: PL 1985, c. 507, @1 (new))
Subchapter 5: PAYMENT OF BENEFITS (HEADING: PL 1985, c. 507, @1 (new))

§860. Divorce

If a retiree who is the recipient of a reduced service retirement allowance under section 857 is granted a divorce either after retirement or before a retirement beneficiary is named, the provisions of Title 5, section 17805-A apply on the same basis as for members of the Maine State Retirement System. [1997, c. 55, §1 (new).]

Section History:
PL 1997,
Ch. 55,
§1 (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