Usa Maine

USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 421. GENERAL PROVISIONS (HEADING. PL 1985, c. 801, @5 (new))
Title 5 - §17001. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 1: DEFINITIONS (HEADING: PL 1985, c. 801, @5 (new))

§17001. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 801, §§5, 7 (new).]

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Accumulated contributions. "Accumulated contributions" means the sum of all the amounts contributed by the member or picked up by the employer from the compensation of a member and credited to the member's individual account in the Members' Contribution Fund, plus regular interest on the member's account, as provided in subchapter IV, article 2, except that, for a member with less than 10 years of creditable service, if the amounts contributed by the member or picked up by the employer do not equal 7.5% of the member's compensation for service as a part-time, seasonal or temporary employee for service rendered after December 31, 1991, "accumulated contributions" includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7.5% of the member's compensation for service as a part-time, seasonal or temporary employee. [1991, c. 619, §1 (amd); §18 (aff).]


1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Accumulated contributions. "Accumulated contributions" means the sum of all the amounts contributed by the member or picked up by the employer from the compensation of a member and credited to the member's individual account in the Members' Contribution Fund, plus regular interest on the member's account, as provided in subchapter IV, article 2. [1987, c. 739, §§1, 48 (amd).]


2. Actuarial equivalent. "Actuarial equivalent" means an amount of equal value when computed at an interest rate contained in actuarial assumptions adopted by the board and upon the basis of mortality and service tables adopted by the board. "Actuarial equivalent," when used to indicate the amount that must be paid in order to purchase service credit, means the amount that equals the cost of additional benefits that become payable as a result of the service credit, including, when applicable, the projected cost of a member's earlier eligibility for retirement. [1993, c. 387, Pt. A, §3 (amd).]


3. Actuary. "Actuary" means the individual or the organization designated by the board to be the technical advisor to the board under section 17107. [1985, c. 801, §§5, 7 (new).]


3-A. Annual base compensation. "Annual base compensation" means a member's gross compensation, based upon amounts reported by the member's employer on the member's previous year's federal wage and tax statement, that is used the first day of each April for setting the amount of coverage prior to retirement for participants in the group life insurance program administered by the board. [1993, c. 386, §1 (amd).]


3-B. Alternate payee. "Alternate payee" means a spouse, former spouse, child or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by the retirement system with respect to that member or retiree. [1991, c. 746, §3 (new); §10 (aff).]


4. 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 an employee in Maine, not necessarily consecutive, in which the member's annual rate of earnable compensation is highest. However, if a member is subject to a temporary layoff or other time off without pay as a result of a Governor's Executive Order, time off without pay or loss of pay pursuant to the agreements of February 15, 1991, October 23, 1991 and June 11, 1993 between the Executive Department and the American Federation of State, County and Municipal Employees, Council 93, time off without pay pursuant to the agreement of June 11, 1993 between the Executive Department and the Maine State Employees Association, days off without pay as authorized by legislative action or days off without pay resulting from any executive order declaring or continuing a state of emergency relating to the lack of an enacted budget document for fiscal years ending June 30, 1992 and June 30, 1993, or, if a member elects to make the payments as set forth in section 17704-B, as a result of days off without pay as authorized by legislative action, by the State Court Administrator or from executive order for the fiscal year beginning July 1, 2002, or, if a member is subject to days off without pay, not to exceed 10 days in each fiscal year ending June 30, 1992 and June 30, 1993, as a result of actions taken by local school administrative units to offset school subsidy reductions or, notwithstanding section 18202, as a result of actions of a participating local district to offset reductions in municipal revenue sharing or a combination thereof, for the fiscal years ending June 30, 1992 and June 30, 1993, the 3-year average final compensation must be determined as if the member had not been temporarily laid off, reduced in pay or provided days off without pay; or [2003, c. 486, §3 (amd).]




B. The average annualized rate of earnable compensation of a member during his entire period of creditable service if that period is less than 3 years. [1985, c. 801, §§5, 7 (new).]

[2003, c. 486, §3 (amd).]


5. Beneficiary. "Beneficiary" means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. [1985, c. 801, §§5, 7 (new).]


6. Benefit. "Benefit" means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. [1985, c. 801, §§5, 7 (new).]


7. Board. "Board" means the board of trustees, established under section 12004-F, subsection 9, to administer the Maine State Retirement System. [1989, c. 503, Pt. B, §32 (amd).]


8. Child. "Child" means any natural or legally adopted, born or unborn, progeny of a member. [1985, c. 801, §§5, 7 (new).]


9. Consumer Price Index. "Consumer Price Index" means:



A. The Consumer Price Index for All Urban Consumers, CPI-U, as compiled by the Bureau of Labor Statistics, United States Department of Labor; or [2001, c. 181, §3 (amd).]




B. If the index described in paragraph A is revised or superseded, the board must employ the Consumer Price Index compiled by the Bureau of Labor Statistics, United States Department of Labor that the board finds to be most reflective of changes in the purchasing power of the dollar for the broadest population of consumers, including retired consumers. [2001, c. 181, §3 (amd).]

[2001, c. 181, §3 (amd).]


10. Creditable service. "Creditable service" means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. [2003, c. 693, §1 (amd).]


11. Department. "Department" means any department, commission, institution or agency of State Government including the Maine Community College System. [1989, c. 443, §16 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]


12. 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
[1985, c. 801, §§5, 7 (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. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


12-A. Domestic relations order. "Domestic relations order" means a judgment, decree or order, including approval of a property settlement agreement, that:



A. Relates to the provision of child support, alimony payments or marital property rights to a spouse, former spouse, child or other dependent of a member or retiree; and [1991, c. 746, §4 (new); §10 (aff).]




B. Is made pursuant to a domestic relations law of this State or another state. [1991, c. 746, §4 (new); §10 (aff).]

[1991, c. 746, §4 (new); §10 (aff).]


13. Earnable compensation. "Earnable compensation" means salaries and wages paid for services rendered in an employment position, subject to the following inclusions, exclusions and limitations.



A. "Earnable compensation" includes:

(1) Workers' compensation benefits;


(2) Maintenance, if any;


(3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and


(4) Pick-up contributions.
[1989, c. 800 (amd).]




B. "Earnable compensation" does not include:

(1) For any member who has 10 years of creditable service by July 1, 1993 or who has reached 60 years of age and has been in service for a minimum of one year immediately before that date, payment for more than 30 days of unused accumulated or accrued sick leave, payment for more than 30 days of unused vacation leave or payment for more than 30 days of a combination of both and, effective October 1, 1999, whether or not the member is in service on October 1, 1999, the 30-day limitation may not be decreased and the exclusion set out in subparagraph (2) may not be made applicable to such a member;


(2) For any member who is not covered by subparagraph (1), payment for any unused accumulated or accrued sick leave or payment for any unused vacation leave;


(3) Any other payment that is not compensation for actual services rendered or that is not paid at the time the actual services are rendered; or


(4) Teacher recognition grants paid pursuant to Title 20-A, section 13503-A.

A payment for unused sick leave or unused vacation leave may not be included as part of earnable compensation unless it is paid upon the member's last termination before the member applies for retirement benefits. [1999, c. 489, §1 (amd).]




C. The following provisions govern limitations on earnable compensation.

(1) Notwithstanding the other provisions of this subsection, for the purposes of determining average final compensation, "earnable compensation" does not include any increase that exceeds the prior year's earnable compensation by more than 5% or that results in a total increase of more than 10% during the 3-year period used in the calculation of average final compensation, unless the cost of the additional actuarial liability arising from the excess increase is paid by the employer as provided in section 17154. Any payment made under paragraph B, subparagraph (1) must be included in determining the amount of increase in the year in which the payment is made. This subparagraph does not apply to excess increases resulting from compensation paid prior to July 1, 1993, from compensation paid in accordance with an individual employment contract executed prior to July 1, 1993 or a collective bargaining agreement executed or ratified in its final form by final vote of one party to the agreement prior to July 1, 1993 for the initial term of that contract or agreement or from other action by the governing body of a school administrative unit in effect on July 1, 1993. This subparagraph does not apply to increases in compensation of state employees during fiscal year 1993-94 and fiscal year 1994-95. In all circumstances in which this subparagraph does not apply to earnable compensation of state employees and teachers, the provisions of this subparagraph that were in effect prior to June 30, 1993 apply. This subparagraph does not apply to earnable compensation of employees of participating local districts.


(2) Effective October 1, 1999, the 5% limitation and the 10% limitation on increases in earnable compensation set out in subparagraph (1) may not be changed to a lower percentage for members who, on October 1, 1999 or thereafter, meet the creditable service requirement for eligibility to receive a service retirement benefit, at the applicable age if so required, under section 17851 or section 17851-A, subsection 2.
[1999, c. 489, §2 (rpr).]




D. For a teacher who is eligible for participation in the retirement system who is on a leave of absence while serving as President of the Maine Education Association, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position. [P&S 1993, c. 67, §1 (amd).]




E. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) "Earnable compensation" of a part-time, seasonal or temporary employee is the sum of amounts computed under paragraphs A, B, C and D adjusted to reflect the wages or salary that the member would have been paid if the member had been employed, at the member's rate of pay, for the number of days or hours that a permanent full-time employee of the same employer would have been employed. [1991, c. 619, §2 (new); §18 (aff).]




E. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) [1991, c. 619, §18 (rp).]




F. For a teacher who, as provided by subsection 42, serves as president of a recognized or certified bargaining agent representing teachers for which released time from teaching duties for performance of the functions of president has been negotiated in a collective bargaining agreement between the collective bargaining agent and the teacher's school administrative unit, "earnable compensation" includes compensation paid for the released time, except that the amount of that compensation included in "earnable compensation" may not be more than the compensation that the teacher would have been paid had the teacher remained that same amount of time in the teacher's teaching position. [1993, c. 482, §1 (new).]

[1999, c. 489, §§1, 2 (amd).]


14. Employee. "Employee" means:



A. For purposes of this chapter, a state employee, including any person serving during any probationary period required under the Civil Service Law and rules of the Civil Service Appeals Board, a teacher or a participating local district employee; [1987, c. 402, Pt. A, §§64, 65 (amd).]




B. For purposes of chapter 423, a state employee, including any person serving during any probationary period required under the Civil Service Law and rules of the Civil Service Appeals Board, or a teacher; or [1987, c. 402, Pt. A, §§64, 65 (amd).]




C. For purposes of chapter 425, a participating local district employee. [1985, c. 801, §§5, 7 (new).]

[1987, c. 402, Pt. A, §§64, 65 (amd).]


15. Executive body. "Executive body" means the official or body of officials who, in their official capacity, have the general powers and duties of administering, supervising and managing the affairs of an organization or governmental unit. [1985, c. 801, §§5, 7 (new).]


16. Executive director. "Executive director" means the executive director of the Maine State Retirement System. [1985, c. 801, §§5, 7 (new).]


17. Father. "Father" means a natural or adoptive father or stepfather. [1985, c. 801, §§5, 7 (new).]


18. Full-time student. "Full-time student" means a person who meets the requirements for a full-time student set out in rules adopted by the board. [1985, c. 801, §§5, 7 (new).]


19. Local district. "Local district" means:



A. Any county, municipality, quasi-municipal corporation or incorporated instrumentality of the State or of one or more of its political subdivisions; [1985, c. 801, §§5, 7 (new).]




B. Any incorporated association of employees of the State or employees of any of the entities set out in paragraph A; [1985, c. 801, §§5, 7 (new).]




C. Any incorporated association of any of the entities set out in paragraph A; [1985, c. 801, §§5, 7 (new).]




D. Any entity eligible to become a participating local district before January 1, 1976; [1985, c. 801, §§5, 7 (new).]




E. Any entity participating in the retirement system before January 1, 1976; or [1985, c. 801, §§5, 7 (new).]




F. Any educational institution in the State teaching courses equivalent to or higher than secondary institutions. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


20. Member. "Member" means any person included in the membership of the retirement system, as provided in chapter 423, subchapter II, or chapter 425, subchapter II. [1987, c. 256, §2 (amd).]


21. Membership service. "Membership service" means service rendered while a member of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter IV or chapter 425, subchapter IV. [1985, c. 801, §§5, 7 (new).]


22. Mother. "Mother" means a natural or adoptive mother or a stepmother. [1985, c. 801, §§5, 7 (new).]


23. Normal retirement age. "Normal retirement age" means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3-A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3. [2001, c. 118, §1 (amd).]


24. Organization. "Organization" means a corporation, partnership or unincorporated association. [1985, c. 801, §§5, 7 (new).]


25. Out-of-state service. "Out-of-state service" means service rendered as an employee of:



A. Any state, territory or possession of the United States, except Maine; or [1985, c. 801, §§5, 7 (new).]




B. Any political subdivision of any state, territory or possession of the United States, except Maine. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


26. Parent. "Parent" means mother or father. [1985, c. 801, §§5, 7 (new).]


26-A. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Part-time, seasonal or temporary employee. "Part-time, seasonal or temporary employee" means an employee whose employment position is part-time, seasonal or temporary as defined in 26 CFR Part 31. [1991, c. 619, §3 (new); §18 (aff).]


26-A. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Part-time, seasonal or temporary employee. [1991, c. 619, §18 (rp).]


27. Participating local district. "Participating local district" means a local district which has approved the participation of its employees in the retirement system under section 18201. [1985, c. 801, §§5, 7 (new).]


28. Participating local district employee. "Participating local district employee" means an employee of a participating local district. [1985, c. 801, §§5, 7 (new).]


28-A. Pick-up contributions. "Pick-up contributions" means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. [1987, c. 739, §§3, 48 (new).]


29. Prior service. "Prior service" means service rendered before the date of establishment of the retirement system as set forth in section 17101. [1985, c. 801, §§5, 7 (new).]


29-A. Professional employee. "Professional employee" means any employee engaged in work:



A. Predominantly intellectual and varied in character as opposed to routine mental, manual or mechanical work; [1989, c. 550, §1 (new).]




B. Involving the consistent exercise of discretion and judgment; [1989, c. 550, §1 (new).]




C. Of such a character that the product or result of the work cannot be standardized in relation to a given time period; and [1989, c. 550, §1 (new).]




D. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes. [1989, c. 550, §1 (new).]

[1989, c. 550, §1 (new).]


30. Public school. "Public school" is defined as follows.



A. "Public school" includes:

(1) Any public school conducted within the State under the authority and supervision of a duly elected board of education, superintending school committee or school directors; and


(2) Any school which received any direct state aid in 1950 and municipal tuition funds amounting to at least the amount of that state aid during 1950.
[1985, c. 801, §§5, 7 (new).]




B. "Public school" does not include:

(1) Maine Wesleyan Seminary and College, commonly known as Kents Hill School, as of September 23, 1971;


(2) Bridgton Academy, as of September 1, 1979;


(3) Gould Academy, as of September 1, 1979; and


(4) North Yarmouth Academy, as of September 1, 1979.
[1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


30-A. Qualified domestic relations order. "Qualified domestic relations order" means a domestic relations order that:



A. Creates or recognizes the right of an alternate payee, or assigns to an alternate payee the right, to receive all or a portion of the benefits payable with respect to a member or retiree under the retirement system; [1991, c. 746, §5 (new); §10 (aff).]




B. Directs the retirement system to disburse benefits to the alternate payee; and [1991, c. 746, §5 (new); §10 (aff).]




C. Meets the requirements of section 17059. [1991, c. 746, §5 (new); §10 (aff).]

[1991, c. 746, §5 (new); §10 (aff).]


31. Regular interest. "Regular interest" means interest at the rate set from time to time by the board in accordance with section 17156. [1985, c. 801, §§5, 7 (new).]


32. Restoration to service. "Restoration to service" is defined as follows.



A. For a retired state employee or teacher, "restoration to service" means acceptance of employment as either a state employee or a teacher. [1985, c. 801, §§5, 7 (new).]




B. For a retired participating local district employee:

(1) Except as provided in subparagraph (2), "restoration to service" means acceptance of employment with the participating local district from which the employee retired; and


(2) After the date on which the consolidated plan under chapter 427 goes into operation, for a participating local district employee who retires from a participating local district that at the time of the employee's retirement is in the consolidated plan, "restoration to service" means acceptance of employment with the participating local district from which the employee retired or with any other participating local district that is in the consolidated plan at the time the employee accepts employment.
[1995, c. 274, §2 (amd).]




C. "Restoration to service" does not include election to the Legislature. [1985, c. 801, §§5, 7 (new).]

[1995, c. 274, §2 (amd).]


33. Retirement. "Retirement" means termination of membership with a retirement allowance granted under this chapter. [1985, c. 801, §§5, 7 (new).]


34. Retirement allowance. "Retirement allowance" means the retirement payments to which a member is or may be entitled as provided in this Part. [1985, c. 801, §§5, 7 (new).]


35. Retirement benefit. "Retirement benefit" means the same as retirement allowance. [1985, c. 801, §§5, 7 (new).]


36. Retirement system. "Retirement system" means the Maine State Retirement System. [1985, c. 801, §§5, 7 (new).]


37. Service. "Service" means service as an employee for which compensation was paid. [1985, c. 801, §§5, 7 (new).]


38. Service credit. "Service credit" means credit received for creditable service as defined under subsection 10. [1985, c. 801, §§5, 7 (new).]


39. Spouse. "Spouse" means the person currently legally married to a member. [1985, c. 801, §§5, 7 (new).]


40. State employee. "State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20-A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20-A, section 7407, subsection 3-A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:



A. A judge, as defined in Title 4, section 1201 or 1301, who is now or later may be entitled to retirement benefits under Title 4, chapter 27 or 29; [2003, c. 688, Pt. A, §4 (rpr).]




B. A member of the State Police who is now entitled to retirement benefits under Title 25, chapter 195; or [2003, c. 688, Pt. A, §4 (rpr).]




C. A Legislator who is now or later may be entitled to retirement benefits under Title 3, chapter 29. [2003, c. 688, Pt. A, §4 (rpr).]

[2005, c. 279, §3 (amd).]


41. Surviving spouse. "Surviving spouse" means the spouse alive at the time of the death of the member or former member. [1985, c. 801, §§5, 7 (new).]


42. Teacher. "Teacher" means:



A. Any employee of a public school who fills any position that the Department of Education requires be filled by a person who holds the appropriate certification or license required for that position and:

(1) Holds appropriate certification from the Department of Education, including an employee whose duties include, in addition to those for which certification is required, either the setup, maintenance or upgrading of a school computer system the use of which is to assist in the introduction of new learning to students or providing school faculty orientation and training related to use of the computer system for educational purposes; or


(2) Holds an appropriate license issued to a professional employee by a licensing agency of the State;
[2001, c. 699, §1 (amd).]




B. Any employee of a public school who fills any position not included in paragraph A, the principal function of which is to introduce new learning to students, except that a coach who is employed by a public school and who is not otherwise covered by the definition of teacher as defined in this subsection or an employee who is employed in adult education as defined in Title 20-A, section 8601-A, subsection 1 and who is not otherwise covered by the definition of teacher defined in this subsection may not be considered a teacher for purposes of this Part; [1997, c. 355, §1 (amd).]




C. Any employee of a public school on June 30, 1989, in a position not included in paragraph A or B which was included in the definition of teacher in effect on June 30, 1989, as long as:

(1) The employee does not terminate employment; or


(2) The employee terminates employment and returns to employment in a position in the same classification within 2 years of the date of termination.

Regardless of any subsequent employment history, any employee of a public school in a position which was included in the definition of teacher in effect on June 30, 1989, is entitled to creditable service as a teacher for all service in that position on or before that date; [1989, c. 550, §2 (new); c. 878, Pt. D, §4 (rpr).]




D. Any employee of a public school in a position not included in paragraph A, B or C who was a member of the retirement system as a teacher on August 1, 1988, as long as:

(1) The employee does not terminate employment; or


(2) The employee terminates employment and returns to employment in a position in the same classification within 2 years of the date of termination;
[1989, c. 550, §2 (new); c. 878, Pt. D, §4 (rpr).]




E. Any former employee of a public school in a position not included in paragraph A, B or C who was a member of the retirement system as a teacher before August 1, 1988, provided that the former employee returns to employment in a position in the same classification before July 1, 1991; or [1989, c. 550, §2 (new); c. 878, Pt. D, §4 (rpr).]




F. For service before July 1, 1989, any employee of a public school in a position which was included in the definition of teacher before July 1, 1989. [1989, c. 550, §2 (new); c. 878, Pt. D, §4 (rpr).]

"Teacher" includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. "Teacher" also includes a person who is on a leave of absence from a position as a teacher and is duly elected as President of the Maine Education Association. "Teacher" also includes a person who, subsequent to July 1, 1981, has served as president of a recognized or certified bargaining agent representing teachers for which released time from teaching duties for performance of the functions of president has been negotiated in a collective bargaining agreement between the collective bargaining agent and the teacher's school administrative unit and for whom contributions related to the portion of the person's salary attributable to the released time have been paid as part of the regular payroll of the school administrative unit. [2001, c. 699, §1 (amd).]


43. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) 26 CFR Part 31. "26 CFR Part 31" means 26 Code of Federal Regulations, Part 31, as amended effective July 1, 1991, or as hereafter amended. [1991, c. 619, §4 (new); §18 (aff).]


43. (TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) 26 CFR Part 31. [1991, c. 619, §18 (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 04333-0007Title 5 - §17050. Legislative intent

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17050. Legislative intent

It is the intent of the Legislature to encourage qualified persons to seek public employment and to continue in public employment during their productive years. It is further the intent of the Legislature to assist these persons in making provision for their retirement years by establishing benefits reasonably related to their highest earnings and years of service and by providing suitable disability and death benefits. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17051. Nonapplicability of other retirement benefit laws

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17051. Nonapplicability of other retirement benefit laws

No law outside of this Part which provides wholly or in part at the expense of the State or of any subdivision of the State for retirement benefits for employees, or for the surviving spouses or other beneficiaries of those employees, may apply to members or beneficiaries of the retirement system or to the surviving spouses or other beneficiaries of those members or beneficiaries. A member may not receive service credit toward a benefit under this Part and under another system supported wholly or in part by the State for the same service. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17052. Mandatory retirement

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17052. Mandatory retirement

1. Prohibition. No employee may be required, as a condition of employment, to retire at or before a specified age or after completion of a specified number of years of service. [1985, c. 801, § § 5, 7 (new).]


2. Normal retirement age. This section may not be construed to prohibit the use of a normal retirement age, except that normal retirement age and the accrual or awarding of pension or retirement benefits may not be used in any way to require the retirement of an employee or to deny employment to a person. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17053. Exemption from taxation

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17053. Exemption from taxation

The money in the various funds created by this Part are exempt from any state, county or municipal tax in the State. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17054. Legal process and assignment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17054. 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 any person under this Part and the money in the various funds created by this Part may not be subject to execution, garnishment, attachment or any other process and shall be unassignable except that: [1987, c. 739, §§4, 48 (amd.]

1. Retirement allowance available for child support. A member's retirement allowance is available to satisfy any child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; [1991, c. 184, §1 (amd).]


2. Accumulated contributions available for child support. A member's accumulated contributions, being refundable under sections 17705, 17706, 18306 and 18307, are available to satisfy any child support obligation that is otherwise enforceable by execution, garnishment, attachment, assignment or other process; [1991, c. 746, §6 (amd); §10 (aff).]


3. Recovery of overpayments by the retirement system. Any amounts due the retirement system as the result of overpayment or erroneous payment of benefits, an excess refund of contributions or overpayment or erroneous payment of life insurance benefits may be recovered from an individual's contributions, any benefits or life insurance benefits payable under this Part to the individual or the beneficiary of the individual or any combination of contributions and benefits. If the overpayment or excess refund of contributions resulted from an unintentional mistake by an employee of the retirement system, the retiree or the recipient of the benefit or life insurance benefit, no interest may be collected by the retirement system on the amount to be recovered. The executive director may also take action to recover those amounts due from any amounts payable to the individual by any other state agency or by an action in a court of competent jurisdiction. Whenever the executive director makes a decision to recover any amounts under this subsection, that decision is subject to appeal under section 17451; and [1993, c. 386, §2 (amd).]


4. Qualified domestic relations order. The rights of a member or retiree under this Part are subject to the rights of or assignment to an alternate payee under a qualified domestic relations order in accordance with section 17059. [1991, c. 746, §8 (new); §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 04333-0007Title 5 - §17055. Beneficiary who is an incapacitated person or a minor

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17055. Beneficiary who is an incapacitated person or a minor

For the purposes of this Part: [1985, c. 801, § § 5, 7 (new).]

1. Election of benefit. If a beneficiary is not lawfully qualified to make an election, the election shall be made for him by the person authorized to do so by Title 18-A, article V; and [1985, c. 801, § § 5, 7 (new).]


2. Payment of benefit. Payment of any benefit to an incapacitated person, as defined in Title 18-A, section 5-101, or a minor shall be made in accordance with Title 18-A, article V. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17056. Superior Court employees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17056. Superior Court employees

1. Transfer to state employee account. Notwithstanding sections 18202 and 18408, funds held by the retirement system to the credit of employees of any Superior Court who became employees of the State pursuant to Public Law 1975, chapters 383 and 408, shall be transferred on the records of the retirement system to the state employee account. [1989, c. 399, §1 (amd).]


2. Vote. [1989, c. 399, §2 (rp).]


3. Creditable service. Creditable service shall be determined as follows.



A. Creditable service for employees described in subsection 1 shall be determined as if their service had been rendered as state employees. [1985, c. 801, § § 5, 7 (new).]




B. Creditable service for former employees of any Superior Court who retired after July 1, 1976, shall be determined as if all their service had been rendered as state employees. [1989, c. 399, §3 (amd).]

[1989, c. 399, §3 (amd).]


4. Additional funds. If, after review by the actuary of the retirement system, it is determined that additional funds are required to finance in full the accrued retirement benefits for employees described in this section:



A. The actuary shall estimate the amount of additional funds necessary to provide full retirement benefits for the period before July 1, 1976; and [1985, c. 801, § § 5, 7 (new).]




B. The counties shall provide funds necessary to fulfill this obligation from the retirement allowance funds of those counties. [1989, c. 399, §4 (amd).]

[1989, c. 399, §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 04333-0007Title 5 - §17057. Information not public record

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17057. Information not public record

1. Medical information. Medical information of any kind in the possession of the retirement system, including information pertaining to diagnosis or treatment of mental or emotional disorders, is confidential and not open to public inspection and does not constitute "public records" as defined in Title 1, section 402, subsection 3. Records containing medical information may be examined by the employee to whom they relate or by the State or participating local district employer of the employee for any purposes related to any claim for workers' compensation or any other benefit. The employee must be advised in writing by the retirement system of any request by the employer to examine the employee's medical records. Medical information obtained pursuant to this section remains confidential, except as otherwise provided by law, and except when involved in proceedings resulting from an appeal pursuant to section 17451 or proceedings regarding claims for other retirement benefits. [1991, c. 824, Pt. A, §7 (rpr).]


2. Group life insurance information. Information in the possession of the retirement system regarding a participant's designated beneficiary or amount of insurance coverage or group life insurance is confidential and not open to public inspection and does not constitute "public records" as defined in Title 1, section 402, subsection 3. [1991, c. 824, Pt. A, §7 (rpr).]


3. Home contact information. Except as provided in this subsection, records of home contact information of retirement system members, benefit recipients or staff members that are in the possession of the retirement system are confidential, not open to public inspection and not public records as defined in Title 1, section 402, subsection 3.



A. For purposes of this subsection, "home contact information" means a home address, home telephone number, home facsimile transmission number or home e-mail address. [2003, c. 632, §1 (new).]




B. Beginning September 15, 2007, this subsection does not apply to home contact information of a retirement system member or benefit recipient if that person has signed a waiver of the confidentiality of the member's or recipient's home contact information. The retirement system shall make available a waiver form for such purpose. [2005, c. 149, §1 (amd).]




C. This subsection does not apply to the home address of a retirement system member or a benefit recipient used only for membership recruitment purposes by a nonprofit or public organization established to provide programs, services and representation to Maine public sector retirees unless the retirement system member or benefit recipient has signed a form made available by the retirement system indicating that the individual does not authorize disclosure of that individual's home address. The retirement system may not provide information under this subsection to an organization if the retirement system has determined that the organization obtained information for the purpose of membership recruitment but used the information for a purpose other than membership recruitment. This paragraph is repealed September 15, 2007. [2005, c. 149, §2 (new).]

[2005, c. 149, §§1, 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 04333-0007Title 5 - §17058. Information for administrative or judicial proceedings

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17058. Information for administrative or judicial proceedings

If information regarding the availability, calculation or value of any benefit is required for an administrative or judicial proceeding, the party seeking the information must file written questions requesting that information with the executive director. The executive director, or the executive director's designee, shall make a certified response to those questions within 30 days and the certified response is admissible as evidence in any administrative or judicial proceeding. A subpoena or other form of discovery directed at obtaining the information may not be issued nor may employees of the retirement system be required to testify on the subjects covered by the certified response unless there is an express finding by an administrative agency or a court that there is a compelling necessity to permit further discovery or to require testimony. [1991, c. 580, §3 (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 04333-0007Title 5 - §17059. Qualified domestic relations orders

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17059. Qualified domestic relations orders

1. Determination by executive director. The executive director or the executive director's designee has exclusive authority to determine whether a domestic relations order is a qualified domestic relations order under this section. A determination by the executive director or the executive director's designee under this section may be appealed to the board as provided by section 17451. [1991, c. 746, §9 (new); §10 (aff).]


2. No jurisdiction over retirement system. The retirement system may not be made a party with respect to a divorce or other domestic relations action in which an alternate payee's right to receive all or a portion of the benefits payable to a member or retiree under the retirement system is created or established. A party to such an action who attempts to make the retirement system a party to the action contrary to this subsection is liable to the retirement system for its costs and attorney's fees. [1991, c. 746, §9 (new); §10 (aff).]


3. Benefits and withdrawal of contributions. For the purposes of this section, benefits payable with respect to a member or retiree under the retirement system include the types of benefits payable by the retirement system and a withdrawal of contributions from the retirement system. [1991, c. 746, §9 (new); §10 (aff).]


4. Requirements. A domestic relations order is a qualified domestic relations order only if the order:



A. Clearly specifies the name, social security number and last known mailing address, if any, of the member or retiree and the name, social security number and mailing address of each alternate payee covered by the order; [1991, c. 746, §9 (new); §10 (aff).]




B. Clearly specifies the amount or percentage of the member's or retiree's benefits to be paid by the retirement system to each alternate payee or the manner in which the amount or percentage is to be determined; [1991, c. 746, §9 (new); §10 (aff).]




C. Clearly specifies the number of payments or the period to which the order applies; [1991, c. 746, §9 (new); §10 (aff).]




D. Clearly specifies that the order applies to the retirement system; [1991, c. 746, §9 (new); §10 (aff).]




E. Does not require the retirement system to provide a type or form of benefit or an option not otherwise provided by the retirement system; [1991, c. 746, §9 (new); §10 (aff).]




F. Does not require the retirement system to provide increased benefits determined on the basis of actuarial value; [1991, c. 746, §9 (new); §10 (aff).]




G. Does not require the payment of benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and [1991, c. 746, §9 (new); §10 (aff).]




H. Does not require the payment of benefits to an alternate payee before the retirement of a member, the distribution of a withdrawal of contributions to a member or other distribution to a member required by law. [1991, c. 746, §9 (new); §10 (aff).]

[1991, c. 746, §9 (new); §10 (aff).]


5. Additional criteria. The board may also require by rule that a qualified domestic relations order meet one or more of the following requirements.



A. The order must provide for a proportional reduction of the amount awarded to an alternate payee in the event of the retirement of the member before normal retirement age. [1991, c. 746, §9 (new); §10 (aff).]




B. The order may not purport to require the designation of a particular person as the recipient of benefits in the event of a member's or retiree's death. [1991, c. 746, §9 (new); §10 (aff).]




C. The order may not purport to require the selection of a particular benefit payment plan or option. [1991, c. 746, §9 (new); §10 (aff).]




D. The order must provide clearly for each possible benefit distribution under plan provisions. [1991, c. 746, §9 (new); §10 (aff).]




E. The order may not require any action on the part of the retirement system contrary to its governing laws or plan provisions other than the direct payment of the benefit awarded to an alternate payee. [1991, c. 746, §9 (new); §10 (aff).]




F. The order may not make the award of an interest contingent on any condition other than those conditions resulting in the liability of the retirement system for payments under its plan provisions. [1991, c. 746, §9 (new); §10 (aff).]




G. The order may not purport to award any future benefit increases that are provided or required by the Legislature. [1991, c. 746, §9 (new); §10 (aff).]




H. The order must provide for a proportional reduction of the amount awarded to an alternate payee in the event that benefits available to the retiree or member are reduced by law. [1991, c. 746, §9 (new); §10 (aff).]

[1991, c. 746, §9 (new); §10 (aff).]


6. Determination. The executive director or the executive director's designee, upon receipt of a certified copy of a domestic relations order and written request for a determination, shall determine whether the order is a qualified domestic relations order and shall notify the member or retiree and each alternate payee of the determination.



A. If the order is determined to be a qualified domestic relations order, the retirement system shall pay benefits in accordance with the order. [1991, c. 746, §9 (new); §10 (aff).]




B. If the order is determined not to be a qualified domestic relations order, the member or retiree or any alternate payee named in the order may appeal the executive director's determination in the manner specified in section 17451 or may petition the court that issued the order to amend the order so that it is qualified. Except as otherwise provided by law, the court that issued the order or that otherwise would have jurisdiction over the matter has jurisdiction to amend the order so that it will be qualified even though all other matters incident to the action or proceeding have been fully and finally adjudicated. [1991, c. 746, §9 (new); §10 (aff).]

[1991, c. 746, §9 (new); §10 (aff).]


7. Interim accounting. During any period in which the issue of whether a domestic relations order is a qualified domestic relations order is being determined by the executive director, the executive director's designee, the board, a court of competent jurisdiction or otherwise, the retirement system shall account separately for the amounts, in this section referred to as the "segregated amounts," that would have been payable to the alternate payee during that period if the order had been determined to be a qualified domestic relations order. [1991, c. 746, §9 (new); §10 (aff).]


8. Payment of segregated amounts. If a domestic relations order is determined to be a qualified domestic relations order, the retirement system shall pay the segregated amounts to the person or persons entitled to the segregated amounts and shall thereafter pay benefits pursuant to the order. [1991, c. 746, §9 (new); §10 (aff).]


9. Payments if determined not qualified or if no determination within 18 months. If a domestic relations order is determined not to be a qualified domestic relations order or if the issue as to whether a domestic relations order is a qualified domestic relations order is not resolved within 18 months of the date the order and written request for a determination are received by the retirement system, the retirement system shall pay the segregated amounts without interest, and shall thereafter pay benefits, to the person or persons who would have been entitled to such amounts if there had been no order. This subsection may not be construed to limit or otherwise affect any liability, responsibility or duty of a party with respect to any other party to the action from which the order arose. [1991, c. 746, §9 (new); §10 (aff).]


10. Determination after 18 months. Any determination that an order is a qualified domestic relations order that is made after the close of the 18-month period established in subsection 9 must be applied prospectively only. [1991, c. 746, §9 (new); §10 (aff).]


11. No liability. The retirement system, the board and officers and employees of the retirement system are not liable to any person for making payments of any benefits in accordance with a domestic relations order in a cause of action in which a member or a retiree was a party or for making payments in accordance with subsection 9. [1991, c. 746, §9 (new); §10 (aff).]


12. Information provided to spouse. Upon being furnished with an attested copy of a complaint for divorce, the retirement system shall provide the spouse of a member with the same information that would be provided to the member. [1991, c. 746, §9 (new); §10 (aff).]


13. Rules. The board may adopt rules to implement this section. The rules may provide for charging a reasonable fee for processing domestic relations orders. [1991, c. 746, §9 (new); §10 (aff).]


14. Application. This section applies to all domestic relations orders issued after March 27, 1992 and, with the mutual consent of the parties, to any domestic relations orders issued on or before March 27, 1992. [RR 1997, c. 2, §20 (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 04333-0007Title 5 - §17060. Life annuity or lump-sum payment in lieu of benefits awarded by qualified domestic relations order

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17060. Life annuity or lump-sum payment in lieu of benefits awarded by qualified domestic relations order

1. Annuity or lump sum. The board may by rule provide that, in lieu of paying an alternate payee the interest awarded by a qualified domestic relations order, the retirement system may pay the alternate payee an amount that is the actuarial equivalent of that interest in the form of:



A. An annuity payable in equal monthly installments for the life of the alternate payee; or [1991, c. 746, §9 (new); §10 (aff).]




B. A lump sum. [1991, c. 746, §9 (new); §10 (aff).]

[1991, c. 746, §9 (new); §10 (aff).]


2. Determination by retirement system. The determination of whether to pay an amount authorized by this section in lieu of the interest awarded by the qualified domestic relations order is within the exclusive discretion of the retirement system. [1991, c. 746, §9 (new); §10 (aff).]


3. Reduced payment to member, retiree or beneficiary. If the retirement system elects to pay the alternate payee pursuant to this section, the benefit payable by the retirement system to the member, retiree or beneficiary must be reduced by the interest in the benefit awarded to the alternate payee by the qualified domestic relations order. [1991, c. 746, §9 (new); §10 (aff).]


4. Reliance on designation or selection. If the retirement system pays the alternate payee pursuant to this section, the retirement system is entitled to rely on a beneficiary designation or benefit option selection made or changed pursuant to its plan without regard to any domestic relations order. [1991, c. 746, §9 (new); §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 04333-0007Title 5 - §17061. Termination of interest in retirement system

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 2: GENERAL POLICIES AND INTENT (HEADING: PL 1985, c. 801, @5 (new))

§17061. Termination of interest in retirement system

The death of an alternate payee as defined in section 17001, subsection 3-B terminates the interest of the alternate payee in the retirement system. This section does not affect an interest in the retirement system accrued to an individual as a member of the retirement system. [1991, c. 746, §9 (new); §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 04333-0007Title 5 - §17101. Establishment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17101. Establishment

1. Purpose. There is established a retirement system, the functions and operations of which are under the supervision of the board, for the purpose of providing retirement allowances and other benefits under this Part for employees. [1993, c. 410, Pt. L, §14 (amd).]


2. Name. The retirement system shall be known as the "Maine State Retirement System" and by that name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held in trust for the purpose for which received. [1985, c. 801, § § 5, 7 (new).]


3. Date of establishment. The date of establishment of the retirement system is:



A. July 1, 1942, for all employees who were employed by the State before July 1, 1947; [1985, c. 801, § § 5, 7 (new).]




B. July 1, 1947, for employees employed for the first time after July 1, 1947; [1985, c. 801, § § 5, 7 (new).]




C. July 1, 1947, for all teachers employed as teachers before July 1, 1947; [1985, c. 801, § § 5, 7 (new).]




D. The date of participation set by the participating local district under section 18201; or [1985, c. 801, § § 5, 7 (new).]




E. The date on which contributions were first made to any retirement system supported in whole or in part by the State, for all other employees. [1985, c. 801, § § 5, 7 (new).]

[1985, c. 801, § § 5, 7 (new).]


4. Corporation. [1993, c. 410, Pt. L, §15 (rp).]


5. Body corporate and politic. The retirement system is a body corporate and politic and an incorporated public instrumentality of the State and the exercise of powers conferred by this Part are held to be the performance of essential government functions. [1993, c. 410, Pt. L, §16 (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 04333-0007Title 5 - §17102. Board of trustees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17102. Board of trustees

1. Composition. The Board of Trustees of the Maine State Retirement System, established by section 12004-F, subsection 9, is composed of 8 trustees, as follows:



A. The Treasurer of State or the Deputy Treasurer of State; [1997, c. 625, §1 (amd).]




B. A person who is a member of the retirement system through employment as a teacher and who is duly elected by the Maine Education Association; [P&S 1993, c. 67, §1 (amd).]




C. A person who is a member of the retirement system through employment as a state employee and who is duly elected by the Maine State Employees' Association; [1987, c. 256, §4 (rpr).]




D. Four persons appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over retirement matters and to confirmation by the Legislature:

(1) At least 2 of whom must be qualified through training or experience in the field of investments, accounting, banking or insurance or as actuaries;


(2) One of whom must be selected from a list of 3 nominees submitted by the Maine Retired Teachers' Association; and


(3) One of whom must be the recipient of a retirement allowance through the retirement system and be selected from a list or lists of nominees submitted by retired state employees, retired participating local district employees or a committee comprised of representatives of these groups; and
[1995, c. 3, §1 (amd).]




E. A person who is a member of the retirement system through a participating local district and who must be appointed by the governing body of the Maine Municipal Association. [1993, c. 410, Pt. L, §17 (amd).]




F. [1987, c. 715, §5 (rp).]

The names of proposed trustees elected or appointed under paragraphs B, C or E must be submitted to the Legislature by the Governor and are subject to review by the joint standing committee of the Legislature having jurisdiction over retirement matters and to confirmation by the Legislature. A member who is elected or appointed may serve in the position of trustee from the date of election or appointment unless the Legislature rejects the confirmation. Each trustee subject to paragraphs B to E must have a working knowledge of retirement policy and legal issues and a general knowledge and understanding of banking, finance and investment practices. [1997, c. 625, §1 (amd).]


1-A. Retirement system employees ineligible. The executive director and the employees of the retirement system may not serve on the board of trustees. [1989, c. 483, Pt. A, §25 (new).]


2. Chairman. The board shall elect from its membership a chairman. [1985, c. 801, §§5, 7 (new).]


3. Term. The terms of the trustees shall be determined as follows.



A. Each trustee, except the Treasurer of State, shall serve a term of 3 years. [1985, c. 801, §§5, 7 (new).]




B. A trustee shall continue to serve after the expiration of his term until a successor is appointed and qualified, but the trustee's continuation as a trustee does not change the expiration date of the trustee's term. [1985, c. 801, §§5, 7 (new).]




C. The term of a trustee appointed to succeed a trustee whose term has expired shall begin on the day after the expiration date of the 3-year term of the previous trustee, regardless of the effective date of the new appointment. [1985, c. 801, §§5, 7 (new).]




D. Appointments to any vacancy caused by death, resignation or ineligibility shall be for the unexpired portion of the term. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


4. Oath. Each trustee shall, within 30 days after the 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.



A. The oath must be subscribed to by the trustee making it. [2001, c. 181, §4 (amd).]




B. The oath must be certified by the officer before whom it was taken and immediately filed in the office of the Secretary of State. [2001, c. 181, §4 (amd).]

[2001, c. 181, §4 (amd).]


5. Transaction of business. The transaction of business by the board is governed as follows.



A. Five trustees constitute a quorum for the transaction of any business. [1997, c. 625, §2 (amd).]




B. Each trustee is entitled to one vote. [1997, c. 625, §2 (amd).]




C. Five votes are necessary for any resolution or action by the board at any meeting of the board. [1997, c. 625, §2 (amd).]

[1997, c. 625, §2 (amd).]


6. Compensation. The trustees shall be compensated, as provided in chapter 379, from the funds of the retirement system. For the purposes of this subsection, "administrative leave" means an excused absence from work during the employee's normal work schedule for which the employee does not receive a reduction in compensation, except that it does not include the use of earned vacation time specified by the employment contract; "public employee trustee" means a trustee selected or elected according to subsection 1, paragraph B, C or E, or an employee as that term is defined by section 17001, subsection 14. Notwithstanding section 12004-F, subsection 9, certain trustees shall be compensated as follows. The employer of a public employee trustee shall grant administrative leave at the request of that trustee in order for that trustee to attend an activity compensable under section 12002-B. If administrative leave is granted to the trustee, then the trustee shall not receive per diem authorized under chapter 379 and an amount equal to the legislative per diem which would otherwise be paid from the funds of the retirement system to the trustee shall be paid directly to that person's employer, unless the employer is the State. [1989, c. 483, Pt. A, §26 (rpr).]


7. Expenses. The necessary expenses incurred by the board in the operation of the retirement system shall be paid from the funds so allocated. [1985, c. 801, §§5, 7 (new).]


8. Legal advisor. The Attorney General or an assistant designated by the Attorney General shall be legal advisor to the board. [1985, c. 801, §§5, 7 (new).]


9. Record. The board shall keep a record of all its proceedings, which:



A. Shall comply with the requirements of section 8056, subsection 5 and sections 9059 and 9061, to the extent those laws are applicable; and [1985, c. 801, §§5, 7 (new).]




B. Shall be open to public inspection. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


10. Reports. The board shall publish annually for each fiscal year:



A. A report showing the fiscal transactions of the retirement system for the fiscal year and the assets and liabilities of the retirement system at the end of the fiscal year; and [1985, c. 801, §§5, 7 (new).]




B. The actuary's report on the actuarial valuation of the financial condition of the retirement system for the fiscal year. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (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 04333-0007Title 5 - §17103. Duties of the board of trustees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17103. Duties of the board of trustees

In addition to other duties set out in this Part, the board shall have the following duties. [1985, c. 801, § § 5, 7 (new).]

1. Operation of retirement system. The board shall have responsibility for the proper operation of the retirement system and for making this Part effective. [1985, c. 801, § § 5, 7 (new).]


2. Policy-making and supervision. The board shall formulate policies and exercise general supervision under this Part. [1985, c. 801, § § 5, 7 (new).]


3. Meeting. The board shall meet at least once in each month for the transaction of such business as may properly come before it. [1985, c. 801, § § 5, 7 (new).]


4. Rules. Subject to the limitations of this Part, and subject to the requirements of chapter 375, subchapter II, to the extent those requirements are applicable, the board shall, from time to time, establish rules for the administration of the funds created by this Part and for the transaction of business, including rules establishing the requirements for a beneficiary to qualify as a full-time student. [1985, c. 801, § § 5, 7 (new).]


5. Determination of employee. In all cases of doubt, the board shall determine whether any person is an employee. [1985, c. 801, § § 5, 7 (new).]


6. Rights, credits and privileges; decisions. The board shall in all cases make the final and determining administrative decision in all matters affecting the rights, credits and privileges of all members of the retirement system whether in participating local districts or in the state service. Whenever the board finds that, because of an error or omission on the part of the employer of a member or retired member, a member or retired member is required to make a payment or payments to the retirement system, the board may waive payment of all or part of the amount due from the member or retired member. [1989, c. 677, §§1, 3 (amd).]


7. Administrative and financial decisions. The board shall make the final decision on all matters pertaining to administration, actuarial assumptions, actuarial recommendations and the reserves and the investments of the retirement system and direct cash receipts as it considers appropriate, notwithstanding section 131. Notwithstanding any other provision of law, the board, as the employer of the staff of the retirement system and as the executive body, shall establish policies and make decisions on matters pertaining to the administration and operations of the Maine State Retirement System as an independent agency, including, but not limited to, personnel and payroll, accounting and financial matters, acquisition and disposition of capital assets and data processing. The board may delegate these duties and responsibilities as it considers appropriate. Board policies regarding the operation of its administrative offices must be consistent with the health and safety requirements and programs of the Bureau of General Services. The Department of Administrative and Financial Services shall provide survivor benefit payroll, retirement payroll and contribution refund services and, at their option, may provide other services under these chapters to the Maine State Retirement System at the request of the board. When the board utilizes the services under these chapters, it shall comply with the requirements and procedures of those services.



A. If the decision is related to or results in rules, rules must be adopted as provided in subsection 4. [1993, c. 410, Pt. L, §18 (amd).]




B. If the decision determines the rights, credits or privileges of an individual member or group of members, the determination is considered an adjudicatory proceeding under chapter 375, subchapter IV and may be made only after the giving of notice as required in that subchapter and after hearing if a hearing is requested by a person whose rights, credits or privileges are to be determined. A hearing must be conducted in accordance with chapter 375. [1993, c. 410, Pt. L, §18 (amd).]

[1993, c. 410, Pt. L, §18 (amd).]


8. Executive director. The board shall appoint an executive director whose salary shall be set by the board subject to the requirements of Title 2, section 6-D. [1989, c. 483, Pt. A, §§27, 63 (amd).]


9. Review of statutory amendments. The board shall review all amendments to this Part that are proposed to be enacted by the Legislature and shall report to the proper legislative committee or authority on the impact of each of those amendments on the retirement system.



A. The report shall state the impact of each amendment on all aspects of the retirement system, including the amendment's purposes, the resulting equitable or inequitable treatment of members, the funding of the costs of benefits, the amendment's consistency with other provisions of this Part and the value of the amendment to the retirement system. [1985, c. 801, § § 5, 7 (new).]




B. When determined necessary by the retirement system or directed by the legislative committee or a member of that committee, the report on each amendment must include a separate evaluation by the actuary. [1993, c. 595, §4 (amd).]

[1993, c. 595, §4 (amd).]


10. Review of special resolves. The board shall review, in the manner described in subsection 9, all special resolves or other legislation which propose to grant benefits to be paid to any person by the retirement system and to which the person would not be entitled under the provisions of this Part but for the enactment of the special resolve or other legislation. [1985, c. 801, § § 5, 7 (new).]


11. Report to Legislature. The board shall make a written report to the appropriate legislative committee on or before the March 1st of each year that must contain:



A. A discussion of any areas of policy or administration that, in the opinion of the board, should be brought to the attention of the committee; [1997, c. 651, §3 (amd).]




B. Any proposed legislation amending the retirement system law that the board recommends to improve the retirement system; [1997, c. 651, §3 (amd).]




C. A discussion of the progress toward meeting the goals of chapter 161; [1993, c. 410, Pt. L, §19 (amd).]




D. A review of the operations of the retirement system, including a summary of administrative expenses and improvements in the delivery of services to members of the retirement system; and [1993, c. 410, Pt. L, §20 (amd).]




E. A budget report showing the budget status of the administrative operations and functions of the system for the current fiscal year relative to the budget for the current fiscal year. [1993, c. 410, Pt. L, §21 (new).]

[1997, c. 651, §3 (amd).]


12. Defined contribution plan. The board shall establish a defined contribution plan by July 1, 1994 that is consistent with the requirements of the United States Internal Revenue Code and may be a defined contribution plan for other purposes. The board may establish a separate defined contribution plan or plans for other purposes. [1993, c. 387, Pt. A, §4 (new).]


13. Budget. By December 1st, annually, the board shall present to the Legislature for its approval the administrative operating budget of the Maine State Retirement System for the next fiscal year. All expenses incurred in carrying out this Part must be paid from funds deposited in the Expense Fund, and no liability or obligation may be incurred under this chapter beyond the amount approved in the administrative operating budget. The board may make expenditures out of the Expense Fund only in accordance with allocations approved by the Legislature. Any balance of an allocation or subdivision of an allocation made by the Legislature for the Maine State Retirement System that at the time is not required for the purpose named in the allocation or subdivision may be transferred prior to the closing of the books to any other allocation or subdivision of any allocation made by the Legislature for the use of the Maine State Retirement System for the same fiscal year. The transfer is subject to review by the joint standing committee of the Legislature having jurisdiction over retirement matters. Financial statements describing the transfer must be submitted by the Maine State Retirement System to the Office of Fiscal and Program Review 30 days before the transfer is implemented. In case of extraordinary emergency transfers, the 30-day prior submission requirement may be waived by vote of the committee. These financial statements must include information specifying the accounts that are affected, the amount to be transferred, a description of the transfer and a detailed explanation of the reason the transfer is needed. At the end of each fiscal year, unexpended balances must be carried forward to the next year and do not lapse. Any unexpended balance in the Expense Fund on December 31, 1993 must be transferred to the system as an independent agency and carried forward. [1993, c. 410, Pt. L, §22 (new).]


14. Collective bargaining agreements. Collective bargaining agreements between the system and its employees are not effective unless approved by the Legislature. [1993, c. 410, Pt. L, §22 (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 04333-0007Title 5 - §17104. Powers of the board of trustees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17104. Powers of the board of trustees

In addition to other powers set forth in this Part, the board may employ or contract with persons for investment counsel or advice and for other expert, professional or other assistance as may be appropriate to aid in carrying out the board's functions. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17105. Executive director

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17105. Executive director

1. Duties. In addition to other duties set out in this Part, the executive director, as appointed under section 17103, subsection 8, shall have the following duties.



A. The executive director shall have administrative responsibility for the retirement system, including responsibility for the approval of the payment of all benefits under this Part. [1985, c. 801, §§5, 7 (new).]




B. The executive director shall obtain whatever services are required to transact the business of the retirement system. [1985, c. 801, §§5, 7 (new).]




C. The executive director shall keep in convenient form whatever data are necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the retirement system. [1985, c. 801, §§5, 7 (new).]




D. Whenever the executive director determines that a fraud, attempted fraud or a violation of law in connection with funds administered by the retirement system may have occurred, the executive director shall:

(1) Report in writing all information concerning the fraud or violation to the Attorney General or the Attorney General's designee for such action as he may deem appropriate, including civil action for recovery of funds and criminal prosecution by the Attorney General; and


(2) Upon request of the Attorney General and in such a manner as the Attorney General deems appropriate, assist in the recovery of funds.
[1985, c. 801, §§5, 7 (new).]




E. The executive director shall cause to be delivered to each participating local district a written notice setting forth the amendments or additions to this Part and shall require from each participating local district an acknowledgment of receipt of that notice. [1985, c. 801, §§5, 7 (new).]




F. Upon discovery of any error in any record of the retirement system, the executive director shall, to the extent practicable, correct the record. [1985, c. 801, §§5, 7 (new).]




G. The executive director shall calculate amounts periodically due and payable by the State for premium payments for health insurance for retired state employees in accordance with section 285, subsection 7 and for retired teachers in accordance with Title 20-A, section 13451, and shall inform the State of the amounts for payment by the State Controller. [1995, c. 368, Pt. G, §5 (new).]

[1995, c. 368, Pt. G, §5 (amd).]


2. Powers. In addition to other powers granted to the executive director by this Part, the executive director shall have the following powers.



A. The executive director may request from the head of any department information required to administer this Part and, upon such a request, the head of the department shall promptly furnish the information requested. [1985, c. 801, §§5, 7 (new).]




B. Whenever the executive director finds it impossible or impracticable to consult an original record to determine the date of birth, length of service, amount of regular compensation or other pertinent fact with regard to any member, the executive director may, subject to the approval of the actuary, use estimates on any basis which, in the executive director's judgment, is fair and just. [1985, c. 801, §§5, 7 (new).]




C. The executive director, with the approval of the board, may delegate the duties and powers given to the executive director by this Part to the retirement system staff. [1993, c. 387, Pt. A, §5 (new).]

[1993, c. 387, Pt. A, §5 (amd).]


3. Staff. The executive director shall employ personnel as necessary and in accordance with board policy to transact the business of the system, which may include a general counsel. Additional attorneys may be employed to assist the general counsel with the approval of the Attorney General. The duties of the general counsel and any assistant counsel must be consistent with the terms of a memorandum of understanding between the executive director and the Attorney General. [2005, c. 238, §1 (amd).]


4. Expenses. The necessary expenses incurred by the executive director in the operation of the retirement system shall be paid from the funds so allocated. [1985, c. 801, §§5, 7 (new).]


5. Reporting; simplification and enforcement. The executive director may:



A. Review the retirement system's payroll and other reporting requirements and implement changes that simplify reporting methods or require less frequent filing of reports, provided that a change must not impair the completeness and accuracy of the records necessary for the retirement system's operations or compromise the integrity of the retirement system's funds or operations; and [1993, c. 387, Pt. A, §6 (new).]




B. Recommend to the board for adoption under its rule-making authority a schedule of administrative penalties and interest intended to:

(1) Ensure compliance with payroll and other reporting requirements, including, but not limited to, the timely filing of reports and the accuracy of reports and of back-up records of the employer;


(2) Deter actions or omissions by the employer that impair the retirement system's ability to process accurately and in a timely manner membership and retirement applications, requests for refunds, group life insurance premium payments and claims and to conduct its other functions; and


(3) Deter actions or omissions by the employer that impede or delay the retirement system's efforts to resolve issues related to these matters.
[1993, c. 387, Pt. A, §6 (new).]

For purposes of this subsection, "employer" means a department or agency of State Government, a school administrative unit or a participating local district. [1993, c. 387, Pt. A, §6 (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 04333-0007Title 5 - §17106. Medical board

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17106. Medical board

1. Establishment. The board shall designate a medical board or boards each to be composed of 3 physicians not eligible to participate in the retirement system. [1995, c. 643, §4 (amd).]


2. Other physicians. If determined advisable by the board, the board may designate other physicians to provide medical consultation on disability cases. [1995, c. 643, §4 (amd).]


3. Powers and duties. The medical board or other physician designated by the board shall, at the request of the executive director, review the file of an applicant for disability retirement and as requested shall respond on any or all of the following:



A. Recommend an additional medical review in those instances where there are conflicting medical opinions; [1985, c. 801, §§5, 7 (new).]




B. Recommend additional medical tests to be performed on an applicant to obtain objective evidence of a permanent disability; [1985, c. 801, §§5, 7 (new).]




C. Assist the executive director in determining if a disability review of a recipient of a disability allowance is warranted; [1989, c. 409, §§1, 12 (amd).]




D. Inform the executive director and board in writing of its view as to the existence of a disability entitling an applicant to benefits under chapter 423, subchapter V, articles 3 and 3-A, or chapter 425, subchapter V, articles 3 or 3-A; and [1989, c. 409, §§1, 12 (amd).]




E. Advise the executive director and board at the request of either whether there are medical indications that a person who is the recipient of a disability retirement benefit under chapter 423, subchapter V, article 3-A or chapter 425, subchapter V, article 3-A should not engage in a rehabilitation program or whether a recipient is too severely disabled to benefit from rehabilitation in accordance with the purposes of chapter 423, subchapter V, article 3-A or chapter 425, subchapter V, article 3-A. [1995, c. 643, §4 (amd).]

[1995, c. 643, §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 04333-0007Title 5 - §17107. Actuary

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17107. Actuary

1. Designation. The board shall designate an actuary who shall be the technical advisor to the board on matters regarding the operation of the funds created by this Part.



A. If the designated actuary is an individual, he must be a Fellow of the Society of Actuaries. [1985, c. 801, §§5, 7 (new).]




B. If the designated actuary is an organization of actuaries, the organization shall designate one of its members, who must be a Fellow of the Society of Actuaries, to perform the functions required of the actuary under this Part. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


2. Duties. In addition to other duties set out in this Part, the actuary shall have the following duties.



A. The actuary shall perform whatever duties are required in connection with being the technical advisor to the board on matters regarding the operation of the funds created by this Part. [1985, c. 801, §§5, 7 (new).]




B. The actuary shall certify the amounts of the benefits payable under this Part, except for benefits payable under chapter 423, subchapter VI and chapter 425, subchapter VI. [1985, c. 801, §§5, 7 (new).]




C. The actuary shall make annual valuations of the assets and liabilities of the retirement system on the basis of actuarial assumptions adopted by the board. [1985, c. 801, §§5, 7 (new).]




D. The actuary shall furnish a written report to the board.

(1) The report shall include information on each annual valuation, as required under paragraph C.


(2) The report shall include an analysis of the year's operations and all results shall be separated between those applicable to benefits payable by employer contributions and those applicable to benefits payable by employee contributions, where properly determinable.
[1985, c. 801, §§5, 7 (new).]




E. The actuary shall make whatever investigations the actuary considers necessary of the experience of the retirement system with respect to the factors that affect the cost of the benefits provided by the retirement system.

(1) The purpose of the investigations is to determine the actuarial assumptions to be recommended to the board for adoption in connection with actuarial determinations required under this Part.


(2-A) These investigations must be made whenever the board, on recommendation of the actuary, determines an investigation to be necessary to the actuarial soundness or prudent administration of the plan or plans to which the investigation is related. The determination must take into account plan demographics and changes in plan demographics, employment patterns and projections, relevant economic measures and expectations and other factors that the board or actuary considers significant. With respect to the retirement system plan for state employees and teachers, if 6 fiscal years have elapsed without an investigation being conducted, the board must either conduct an investigation within the next fiscal year or must record in the official minutes of a meeting of the board, in each fiscal year until the year in which an investigation is conducted, its decision not to do so and the reason or reasons for its decision.
[2001, c. 181, §5 (amd).]




F. The actuary shall determine the equivalent cash compensation value to the members of the retirement system of the benefits provided for them by the retirement system and shall furnish that information to the Director of Human Resources. [1987, c. 402, Pt. A, §§68, 69 (amd).]

[2001, c. 181, §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 04333-0007Title 5 - §17108. Investment counsel

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17108. Investment counsel

1. Contract. The board may contract with one or more fiduciaries or registered investment advisors. All contracts with fiduciaries or registered investment advisors must have the approval of a majority of the board. [1993, c. 410, Pt. L, §24 (amd).]


2. Duties. The fiduciary or registered investment advisor has the following duties.



A. The fiduciary or registered investment advisor shall invest and reinvest the funds of the retirement system in accordance with the standards defined in Title 18-B, sections 802 to 807 and chapter 9. The investment and reinvestment are subject to periodic review by the board. [2003, c. 618, Pt. B, §1 (amd); §20 (aff).]




B. The fiduciary or registered investment advisor shall inform the board immediately of any changes in its investment philosophy. [1985, c. 801, §§5, 7 (new).]




C. The fiduciary or registered investment advisor shall submit reports of the investments and any changes upon request from the board. [1985, c. 801, §§5, 7 (new).]

[2003, c. 618, Pt. A, §1 (amd); §20 (aff).]


3. Expenses. The expenses incurred in employing one or more fiduciaries or investment advisors shall be charged to earnings received from investments of the retirement system. [1985, c. 801, §§5, 7 (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 04333-0007Title 5 - §17109. Other counsel and assistance

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17109. Other counsel and assistance

1. Contract. The board may employ or contract for the services of persons or associations, other than those contracted with under section 17108, for investment counsel or advice and for other professional or other assistance, as may be necessary or appropriate to aid in carrying out the board's functions. [1985, c. 801, § § 5, 7 (new).]


2. Expenses. The expenses incurred in employing or contracting with persons or associations under subsection 1 shall be charged to earnings received from investments of the retirement system. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17110. Custodial care of securities

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 3: ESTABLISHMENT AND ADMINISTRATION (HEADING: PL 1985, c. 801, @5 (new))

§17110. Custodial care of securities

1. Contract or agreement. The board may enter into a contract or agreement with any national bank, trust company or safe deposit company for custodial services for the securities belonging to any fund of the retirement system and other related services.



A. A contracting bank performing services under a contract or agreement pursuant to this section shall comply with Title 9-B, section 473. [1997, c. 398, Pt. L, §3 (amd).]




B. The contracting bank shall give assurance of proper safeguards, which are usual to contracts such as these. [1985, c. 801, §§5, 7 (new).]




C. The contracting bank shall furnish insurance protection satisfactory to both parties. [1985, c. 801, §§5, 7 (new).]




D. All contracts or agreements entered into between the board and the custodian bank, trust company or safe deposit company selected by the board must have the approval of a majority of the board. [1993, c. 410, Pt. L, §25 (amd).]

[1997, c. 398, Pt. L, §3 (amd).]


2. Payment for services. The board may arrange for the payment of services rendered under this section:



A. By cash payments to be charged pro rata to the income of the several funds of the retirement system; [1985, c. 801, §§5, 7 (new).]




B. By an agreement for a compensating deposit balance with the bank in question in lieu of the cash payment under paragraph A; or [1985, c. 801, §§5, 7 (new).]




C. By some combination of the methods of payment in paragraphs A and B. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


3. Withdrawal or deposit. The executive director, or another person or persons designated to the custodian by the board, may withdraw securities from or deposit securities with the custodian as circumstances may require, except that all withdrawals or delivery instructions must bear the written approval of 2 other persons duly authorized by a resolution of the board. [1985, c. 801, §§5, 7 (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 04333-0007Title 5 - §17151. Legislative findings and intent

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17151. Legislative findings and intent

1. Findings. The Legislature finds that the State owes a great debt to its retired employees for their years of faithful and productive service.



A. Part of that debt is repaid by the benefits provided to retirees through the Maine State Retirement System. [1985, c. 801, §§5, 7 (new).]




B. Retirees, who depend heavily on these benefits, and current employees, who will one day retire and receive benefits, are concerned about the financial viability of the retirement system. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (new).]


2. Intent. It is the intent of the Legislature that there must be appropriated and transferred annually to the 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 upon the advice of the actuary. The amount of the unfunded liability attributable to state employees and teachers as of July 1, 2004, as certified by the board or as that amount may be revised in accordance with the terms of the certification, must be retired in no more than 23 years from June 30, 2005. For fiscal year 2004-05, the Legislature must appropriate or allocate and there must be transferred to the retirement system funds necessary to institute, as of July 1, 2005, the 23-year amortization schedule. For each fiscal year starting with the fiscal year that begins July 1, 2005, the Legislature shall appropriate or allocate and transfer to the retirement system the funds necessary to meet the 23-year requirement set forth in this subsection, unless the Legislature establishes a different amortization period. Funds that have been appropriated must be considered assets of the retirement system.



A. The goal of the actuarial assumptions is to achieve a fully funded retirement system. [1991, c. 528, Pt. P, §1 (amd); Pt. RRR (aff); c. 591, Pt. P, §1 (amd).]




B. The retirement system's unfunded liability for persons formerly subject to the Maine Revised Statutes of 1944, chapter 37, sections 212 to 220 must be repaid to the system from annual appropriations over the funding period of the retirement system. [1991, c. 528, Pt. P, §1 (amd); Pt. RRR (aff); c. 591, Pt. P, §1 (amd).]




C. This section may not be construed to require the State to appropriate and transfer funds to meet the obligations of participating local districts to the retirement system. [1985, c. 801, §§5, 7 (new).]

[2005, c. 12, Pt. R, §1 (amd).]


3. Intent. [2005, c. 12, Pt. R, §2 (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 04333-0007Title 5 - §17152. Funds

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17152. Funds

All of the assets of the retirement system must be credited according to the purpose for which they are held among the several funds created by this section, namely: [1995, c. 368, Pt. G, §6 (amd).]

1. Members' Contribution Fund. The Members' Contribution Fund; [1985, c. 801, §§5, 7 (new).]


2. Retirement Allowance Fund. The Retirement Allowance Fund; [1985, c. 801, §§5, 7 (new).]


3. Expense Fund. The Expense Fund; [1985, c. 801, §§5, 7 (new).]


4. Survivors' Benefit Fund. The Survivors' Benefit Fund; [1989, c. 409, §§3, 12 (amd).]


5. State Retiree Health Insurance Fund. The State Retiree Health Insurance Fund, except that after June 30, 1995, no additional assets may be credited to the fund beyond the balance in the fund as of that date and, after the balance in the fund as of June 30, 1995 has been exhausted, the fund may no longer be utilized; [1995, c. 368, Pt. G, §6 (amd).]


6. State Retired Teachers' Health Insurance Fund. The State Retired Teachers' Health Insurance Fund, except that after June 30, 1995, no additional assets may be credited to the fund beyond the balance in the fund as of that date and, after the balance in the fund as of June 30, 1995 has been exhausted, the fund may no longer be utilized; and [1995, c. 368, Pt. G, §6 (amd).]


7. Disability Retirement Benefit Fund. The Disability Retirement Benefit Fund. [1989, c. 409, §§3, 12 (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 04333-0007Title 5 - §17153. Board of trustees

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17153. Board of trustees

1. Actuarially sound basis. [1987, c. 193, §1 (rp).]


1-A. Actuarially sound basis. The board shall calculate the funds necessary to maintain the retirement system on an actuarially sound basis, including the unfunded liability arising from payment of benefits for which contributions were not received and shall transmit those calculations to the State Budget Officer as required by chapter 149.



A. For benefits applicable to state employees, teachers or participating local district employees that are established through collective bargaining, the board shall apply the funding methods and assumptions adopted by the board pursuant to this subsection. [1987, c. 193, §2 (new).]




B. The Legislature shall appropriate and transfer annually those funds the board determines to be necessary under this subsection to maintain the retirement system on an actuarially sound basis, except that for fiscal year 1991-92 the annual appropriation must be $73,500,000 less than the amount that would otherwise be applied toward the repayment of the unfunded liability of the system. [1991, c. 528, Pt. P, §2 (amd); Pt. RRR (aff); c. 591, Pt. P, §2 (amd).]




C. This subsection may not be construed to require the State to appropriate and transfer funds to meet the obligations of participating local districts to the retirement system. [1987, c. 193, §2 (new).]

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


2. Trustee of funds. The members of the board shall be the trustees of the several funds created by this Part. [1985, c. 801, §§5, 7 (new).]


3. Investment of funds. The board may cause the funds created by this Part to be invested and reinvested in accordance with the standards defined in Title 18-B, sections 802 to 807 and chapter 9, subject to periodic approval of the investment program by the board. [2003, c. 618, Pt. B, §2 (amd); §20 (aff).]


4. Prohibitions. In addition to the limitations of section 18 and except as otherwise provided, no trustee and no employee of the board of trustees may:



A. Have any direct interest in the gains or profits of any investment made by the board; [1985, c. 801, §§5, 7 (new).]




B. Directly or indirectly, for himself or as an agent, in any manner, use the gains or profits of any investment made by the board except to make whatever current and necessary payments are authorized by the board; or [1985, c. 801, §§5, 7 (new).]




C. Become an endorser, surety or obligor for money loaned to or borrowed from the board. [1985, c. 801, §§5, 7 (new).]

[1985, c. 801, §§5, 7 (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 04333-0007Title 5 - §17154. Administration of funds

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17154. Administration of funds

1. Custodian. Except as otherwise provided, the Treasurer of State shall be the custodian of the funds of the retirement system. [1985, c. 801, §§5, 7 (new).]


2. Budget estimates. The board shall submit budget estimates of contributions required to fund benefits for state employees and teachers to the State Budget Officer in accordance with section 1665, except that after July 1, 1995, the board may not submit estimates of contributions required to pay premiums for health insurance for retired state employees and retired teachers. [1995, c. 368, Pt. G, §7 (amd).]


3. Combination or elimination of funds. On the advice of the actuary of the retirement system, the board may combine or eliminate all or any parts of the funds set forth in this subchapter, except that any combination or elimination may not impair the actuarial valuations. [1985, c. 801, §§5, 7 (new).]


4. Payment upon vouchers. 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 authorized. A duly attested copy of the resolution of the board designating those persons, and bearing on its face specimen signatures of those persons, shall be filed with the State Controller. The duly attested copy of the resolution shall be the State Controller's authority for making payments upon the vouchers. [1985, c. 801, §§5, 7 (new).]


5. Payment of employer charges for state employees. For state employees, on every payroll from which retirement contributions are deducted or picked up, the State Controller shall cause a charge to be made to each department of the State in order to pay employer costs.



A. The charge shall be a percentage, to be predetermined by the actuary and approved by the board, of the total earnable compensation of members appearing on the payroll of each department. [1987, c. 739, §§5, 48 (amd).]




B. The amount or amounts shall be credited to the appropriate funds as listed in this subchapter. [1985, c. 801, §§5, 7 (new).]

[1987, c. 739, §§5, 48 (amd).]


6. Payment of employer charges for teachers. For teachers, percentage rates to be predetermined by the actuary and approved by the board shall be applied to the total earnable compensation of members covering the most recent school year preceding the preparation of the biennial budget.



A. The resulting amount shall be appropriated and credited to the appropriate funds. [1985, c. 801, §§5, 7 (new).]




B. Notwithstanding this section, the employer retirement costs related to the retirement system applicable to those teachers whose funding is provided from federal grants or through federal reimbursement shall be paid by local school systems from those federal funds. [1985, c. 801, §§5, 7 (new).]




C. Notwithstanding this section, the employer retirement cost related to the retirement system applicable to those teachers who are permitted to continue to accrue service credit while on a one-year leave of absence and participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State shall be paid from funds provided by the college employing the teacher during that year. [1989, c. 491, §2 (new).]




D. Notwithstanding this section, the employer retirement cost related to the retirement system applicable to a teacher who is permitted to continue to accrue service credit while on a leave of absence and serving as President of the Maine Education Association must be paid from funds provided by the Maine Teachers Association. For purposes of this paragraph, in computing the employer cost, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position. [P&S 1993, c. 67, §1 (amd).]




E. Notwithstanding this section, the employer retirement costs related to the retirement system applicable to those teachers whose funding is provided directly or through reimbursement from private or public grants must be paid by local school systems from those funds. "Public grants" does not include state or local funds provided to school administrative units under Title 20-A, chapters 315 and 606-B. [2005, c. 2, Pt. D, §1 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]




F. Notwithstanding this section, effective September 1, 1993, the employer retirement cost related to the retirement system, less the unfunded liability, applicable to a teacher who is permitted to continue to accrue service credit while on released time and serving as president of a recognized or certified collective bargaining agent representing teachers must be paid from funds provided by the collective bargaining agent or school administrative unit. For purposes of this paragraph, in computing the employer cost, "earnable compensation" means the amount that the teacher would have earned if the teacher had remained in a teaching position. [1995, c. 471, §3 (new).]

[2005, c. 2, Pt. D, §1 (amd); §§72, 74 (aff); c. 12, Pt. WW, §18 (aff).]


7. Payment of employer charges for participating local district employees. Employer charges for participating local district employees are governed by sections 18301 to 18303. [1985, c. 801, §§5, 7 (new).]


8. Transfers among funds. When considered necessary by the executive director for the efficient administration of the retirement system, he may make transfers among the various funds of the system set forth in this subchapter in accordance with accepted accounting and actuarial principles. [1987, c. 256, §5 (new).]


9. Improper application of statutes. Notwithstanding the other provisions of this section, additional actuarial and administrative costs resulting from omissions or misrepresentations by an employer as to a member's earnings, service or service credits or from improper application of retirement system statutes or rules regarding earnings, service or service credits must be charged to and paid by the employer that omitted information, provided misinformation or improperly applied the statutes or rules, unless the omission, misrepresentation or improper application results from erroneous information provided by the retirement system. The employer is liable for amounts not recovered from the retiree and for costs incurred by the retirement system in resolving problems caused by the employer's actions and in addition may be subject to administrative fees, penalties and interest under section 17105, subsection 5. For purposes of this subsection, "employer" means any department of State Government, school administrative unit or participating local district. [1993, c. 595, §5 (amd).]


10. Payment of additional actuarial costs incurred by the retirement system due to early retirement incentives. Notwithstanding the other provisions of this section, additional actuarial and reasonable administrative costs that result from the early retirement of a member offered a retirement incentive by an employer must be paid by the employer that offered and provided the incentive pursuant to section 17159. For purposes of this subsection, "early retirement" has the same meaning as in section 17159, subsection 1. [1995, c. 541, §2 (rpr).]


11. Payment of actuarial cost of excess increase in earnable compensation. Notwithstanding the other provisions of this section, the employer may pay to the retirement system the cost of the actuarial liability resulting from any increase in earnable compensation for any year within the 3-year period used in determining average final compensation that exceeds the prior year's earnable compensation by more than 5% or, if it would result in a lesser additional actuarial liability, any increase in earnable compensation over a total increase of 10% during the 3-year period. The retirement system shall calculate the cost of the additional actuarial liability for each member when calculating the retirement benefit for that member at retirement. The cost must be paid in accordance with this subsection.



A. For state employees, the State Controller shall establish an account from which payments required by section 17001, subsection 13, paragraph C must be made. At the time any collective bargaining agreement is funded, funds must be appropriated to this account to pay for the anticipated cost of any increases over the limits established in section 17001, subsection 13, paragraph C that may result from the provisions of that agreement. When the additional actuarial liability is incurred with respect to a retiring state employee, the retirement system shall bill the State Controller for the cost and the State Controller shall transfer to the retirement system the amount billed. [1993, c. 410, Pt. L, §27 (new).]




B. For teachers, the cost must be paid by the school administrative unit that provides an increase over the limits established in section 17001, subsection 13, paragraph C. If the school administrative unit has agreed to pay the cost of the additional actuarial liability, the retirement system shall bill the school administrative unit for the cost, which must be paid by the school administrative unit within 60 days of its receipt of the bill. If the retirement system does not receive payment within 60 days, the system shall notify the State Controller, who shall immediately reduce the school administrative unit's general purpose aid by the amount billed plus interest applied as of the 60th day and transfer the total amount of the reduction to the retirement system. If the general purpose aid payable at the time to the school administrative unit is insufficient to pay the entire amount of the reduction, general purpose aid payable to the school administrative unit in the future must be reduced until the entire amount of the reduction, plus any additional accrued interest, has been transferred to the retirement system. [1993, c. 410, Pt. L, §27 (new).]




C. The retirement system shall provide information with the bill to the employer stating the basis on which the cost billed was calculated and showing the calculations. If the State Controller or school administrative unit questions the cost, its basis or the calculations, the retirement system shall promptly respond and, if necessary, meet with the State Controller or school administrative unit to resolve any dispute. [1993, c. 410, Pt. L, §27 (new).]

This subsection does not apply to excess increases resulting from compensation paid prior to July 1, 1993, from compensation paid in accordance with an individual employment contract executed prior to July 1, 1993 or collective bargaining agreement executed or ratified in its final form by final vote of one party to the agreement prior to July 1, 1993 for the initial term of that contract or agreement or from other action by the governing body of the school administrative unit in effect on July 1, 1993. In addition, this subsection does not apply to increases granted to state employees during fiscal years 1993-94 and 1994-95. [1993, c. 580, §2 (amd); §3 (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 04333-0007Title 5 - §17155. Special resolves

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17155. Special resolves

If and when any special resolve or other legislation described in section 17103, subsection 10, is enacted by the Legislature, the entire actuarial costs of benefits granted shall be fully funded by act of the same Legislature which enacts the special resolve or other legislation. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17156. Rate of interest (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17156. Rate of interest (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) div>
The board shall, from time to time, by order, set the rate of regular interest at a percent rate compounded periodically determined by the board to be equitable, both to members and to the taxpayers of the State, provided that the interest credited to a member with less than 10 years of creditable service on contributions related to compensation for service rendered as a part-time, seasonal or temporary employee after December 31, 1991 must at least equal the yield of a 10-year United States treasury bond on the last business day of the previous calendar year reduced by administrative expenses. [1991, c. 619, §5 (amd); §18 (aff).] p align="center">05 §17156 p align="center">Rate of interest p align="center"> (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) div>
The board shall, from time to time, by order, set the rate of regular interest at a percent rate compounded periodically determined by the board to be equitable, both to members and to the taxpayers of the State. [1989, c. 95, §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 04333-0007Title 5 - §17157. Interest and dividend credits

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17157. Interest and dividend credits

All interest and dividends earned on the funds of the retirement system shall be credited to the Retirement Allowance Fund. [1985, c. 801, § § 5, 7 (new).]

1. Transfer to Members' Contribution Fund. The board shall periodically allow regular interest on the individual accounts of members in the Members' Contribution Fund and shall transfer those amounts from the Retirement Allowance Fund to the Members' Contribution Fund. [1989, c. 95, §2 (amd).]


2. Transfer to Survivors' Benefit Fund. The board shall periodically allow regular interest on the mean amount accumulated in the Survivors' Benefit Fund and shall transfer that amount of interest from the Retirement Allowance Fund to the Survivors' Benefit Fund. [1989, c. 95, §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 04333-0007Title 5 - §17158. Full funding

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17158. Full funding

Upon full funding of the accrued unfunded reserves of the Maine State Retirement System, the board of trustees may reduce employer contributions to the level required to maintain proper funding of earned benefits. The board of trustees may also seek legislative action to reduce employee contributions or pick-up contributions established by this Part. [1987, c. 739, §§6, 48 (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 04333-0007Title 5 - §17159. Early retirement incentive costs

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17159. Early retirement incentive costs

When an employee retires prior to normal retirement age and receives from the employer any significant monetary or nonmonetary payment or award in connection with the employee's retirement, the employer must, prior to the effective date of the employee's retirement, demonstrate that the payment or award is not a retirement incentive or pay the additional actuarial and reasonable administrative costs of the employee's early retirement. [1995, c. 541, §3 (new).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.



A. "Early retirement" means retirement before normal retirement age with a reduced retirement benefit as provided by section 17852, subsection 3 or 3-A or subsection 10, paragraph C or C-1; section 17857, subsection 3-A; section 18452, subsection 3; or section 18462, subsection 3. [1999, c. 731, Pt. CC, §2 (amd).]




B. "Employer" means, in the case of a member who is a state employee, the department of State Government by which the member was last employed prior to retirement; in the case of a member who is a teacher, the local school administrative unit by which the member was last employed prior to retirement; and in the case of a member who is an employee of a participating local district, the district by which the member was last employed prior to retirement. [1995, c. 541, §3 (new).]

[1999, c. 731, Pt. CC, §2 (amd).]


2. Criteria for identifying an early retirement incentive. A payment or award in connection with retirement is an incentive for early retirement for which the employer offering the incentive is responsible for the additional costs pursuant to section 17154, subsection 10 if all the criteria established in this subsection are met:



A. The payment or award is intended to induce the member's early retirement; [1995, c. 541, §3 (new).]




B. The payment or award is a one-time, time-limited or occasional offer outside the employer's regular benefit program; [1995, c. 541, §3 (new).]




C. The payment or award is not part of a longevity-based employee retention program; and [1995, c. 541, §3 (new).]




D. The payment or award is not made pursuant to a collective bargaining agreement for the initial term of that agreement if that agreement is executed or ratified in its final form by final vote of at least one of the parties to the agreement prior to July 1, 1993. [1995, c. 541, §3 (new).]

[1995, c. 541, §3 (new).]


3. Employer provides information. If a member retires prior to normal retirement age and receives a significant monetary or nonmonetary payment or award in connection with the retirement, prior to the effective date of the member's retirement or, if a payment or award that was not known or anticipated prior to retirement is given after retirement, within 7 business days of the date upon which the payment or award is given, the employer must provide the following information to the retirement system:



A. Documents demonstrating that any of the criteria established in subsection 2 is not met. By way of example and not limitation, such documents include collective bargaining agreements, whether principal agreements, side agreements or memoranda of agreement or understanding; records of official actions by the employer; relevant rules or policies of the employer; records of prior or contemporaneous relevant retirements of employees of the employer; notices, memoranda or other communications from the employer to employees regarding retirement; and correspondence between the employer and an employee, employees or employee representatives concerning retirement; and [1995, c. 541, §3 (new).]




B. Certification on a form provided by the retirement system and signed by the employer, or the responsible officer of the employer on the employer's behalf, that the payment or award does not meet the criteria established in subsection 2 and is not an action or practice causing or encouraging early retirement. [1995, c. 541, §3 (new).]

[1995, c. 541, §3 (new).]


4. Early Retirement Incentives Review Panel. [1999, c. 668, §55 (rp).]


5. Panel determinations. [1999, c. 668, §56 (rp).]


6. Panel decision. [1999, c. 668, §56 (rp).]


7. Reconsideration; final decision. [1999, c. 668, §56 (rp).]


8. Employer payment for costs resulting from early retirement incentives. Employer payment for costs resulting from early retirement incentives are governed by this section pursuant to section 17154, subsection 10.



A. The additional actuarial costs that result from the early retirement of a member who has received an early retirement incentive must be paid to the retirement system by the employer as provided in this paragraph.

(1) The retirement system shall determine the additional actuarial costs for which the employer is liable in individual situations as follows:

(a) First, the annual retirement benefit payable to the member upon the member's early retirement date must be calculated in accordance with the governing provisions of the retirement system statutes and rules;


(b) Second, the annual retirement benefit that would be payable to the member on a fully actuarially reduced basis must be calculated in accordance with the actuarial equivalent early retirement reduction factors prescribed by the retirement system's consulting actuary and approved by the board;


(c) Third, the retirement benefit calculated in division (b) must be subtracted from the retirement benefit calculated in division (a); and


(d) Fourth, a present-value factor must be applied to the amount determined in division (c) to convert the annual benefit amount to a lump sum present-value dollar amount. This amount represents the additional actuarial cost resulting from the early retirement of a member who has been offered a retirement incentive.



(2) The retirement system shall bill the employer of retiring members who will receive or have received early retirement incentives for the additional actuarial costs as determined by the retirement system in subparagraph (1). The bill must be accompanied by a statement of the basis of the costs identified in the bill and the supporting calculations.


(3) All determinations of additional actuarial costs are subject to recalculation upon the actual retirement of the member and upon any subsequent recalculation of the member's early retirement benefit due to misreporting of member-specific information, error or any direction by the board to recalculate a member's benefit. Any resulting change in additional actuarial costs must be paid or refunded, as appropriate, to the employer. Any administrative costs for recalculation of additional actuarial costs that is caused by actions of the employer must be paid by the employer.
[1995, c. 541, §3 (new).]




B. The reasonable administrative costs that result from the early retirement of a member who has received a retirement incentive must be paid to the retirement system by the employer as provided in this paragraph.

(1) Subject to review and approval by the board, the executive director shall establish and may revise from time to time an administrative processing fee to determine the member-specific additional actuarial costs relating to an early retirement incentive for which the employer is liable. The fee must be based on the time required for making such determinations, must be reasonable and may not be set at a level that requires the retirement system's members and employers as a whole to subsidize the cost of a determination. The fee must be paid before the retirement system determines the member-specific additional actuarial costs.


(2) The employer must pay any additional actual administrative costs for member-specific information at an hourly administrative cost rate for the retirement system plus the retirement system's actual costs related to actuarial and legal services. Subject to review and approval by the board, the executive director shall establish and may from time to time revise the administrative cost rate.


(3) The employer must be billed for any actual administrative costs beyond the processing fee. If the member is already receiving a retirement benefit or preliminary benefit when the employer is billed for administrative costs, the employer must also be charged interest as a cost and must pay interest retroactive to the member's effective date of retirement. The bill must be accompanied by a statement of the basis of the administrative costs.
[1995, c. 541, §3 (new).]




C. For early retirement incentives granted between July 1, 1993 and March 15, 1996, the employer must pay the amount calculated under paragraphs A and B plus interest due to the retirement system in accordance with a payment schedule not to exceed 10 years. For early retirement incentives granted after March 15, 1996, the employer must pay the amount calculated under paragraphs A and B to the retirement system within 30 days of receipt of the bill. [1995, c. 541, §3 (new).]




D. If the employer or the member disputes the determination that additional actuarial costs must be paid by the employer, the amount of the additional actuarial costs or the amount of actual administrative costs, an appeal may be brought pursuant to section 17451 and Chapter 702 of the board's rules. [1995, c. 541, §3 (new).]




E. Interest must be charged by the retirement system and must be paid by the employer on all overdue amounts pertaining to the processing fee, additional actuarial costs and administrative costs. In addition, an employer who fails to pay is liable for penalties on a case-by-case basis as recommended by the executive director and approved by the board and shall pay all of the retirement system's costs associated with collection of amounts overdue and enforcement of the provisions of this section. [1995, c. 541, §3 (new).]

[1995, c. 541, §3 (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 04333-0007Title 5 - §17160. Minimum level of employer contribution

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 1: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))

§17160. Minimum level of employer contribution

1. Portion of employer contribution. Beginning in fiscal year 2002-03 and continuing until the unfunded liabilities of the Maine State Retirement System attributable to state employees and teachers, as defined in the Constitution of Maine, Article IX, Section 18-B, are retired, within the term provided in Section 18-B or within any shorter term provided by statute, the portion of the employer contribution amount devoted to paying the unfunded liabilities of the system attributable to state employees and teachers may not be less than the amount paid for that purpose during the immediately preceding fiscal year.



A. In circumstances in which the unfunded liability amount to be paid in a given year would be less than the amount paid in the immediately preceding year, the Board of Trustees of the Maine State Retirement System shall request the system's actuary to recommend a methodology to adjust plan funding in order to realize payment of the required amount. The methodology for adjustment must be actuarially sound in itself and may not jeopardize the actuarial soundness of the system or its funding. [2001, c. 707, §1 (new).]




B. If the system's actuary determines pursuant to paragraph A that no methodology meeting the requirements of this subsection can be identified, then the requirement that the unfunded liability payment in a given year may not be less than the amount paid in the immediately preceding fiscal year applies only to the General Fund portion of the unfunded liability payment. A General Fund appropriation in the amount of the difference between the General Fund portions of the unfunded liability payment in the 2 years in question must be sought. [2001, c. 707, §1 (new).]

[2001, c. 707, §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 04333-0007Title 5 - §17201. Establishment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 2: MEMBERS' CONTRIBUTION FUND (HEADING: PL 1985, c. 801, @5 (new))

§17201. Establishment

The Members' Contribution Fund is established and it shall contain accumulated contributions deducted from the compensation of members. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17202. Deduction adjustments

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 2: MEMBERS' CONTRIBUTION FUND (HEADING: PL 1985, c. 801, @5 (new))

§17202. Deduction adjustments

In order to facilitate the making of deductions, the board may modify the deduction required of any member by an amount that does not exceed 110 of 1% of the member's annual rate of earnable compensation. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17203. Payroll deduction

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 2: MEMBERS' CONTRIBUTION FUND (HEADING: PL 1985, c. 801, @5 (new))

§17203. Payroll deduction

1. Certification and deduction. The board shall certify to the chief administrative officer of each department, school and participating local district and the chief administrative officer shall cause to be deducted from the compensation of each member on each payroll of the department, school or participating local district for each payroll period, the appropriate percentage of earnable compensation to be contributed.



A. Amounts deducted from the compensation of state employees shall be credited to the retirement system in the same manner and at the same time that employer charges are credited to the retirement system as provided by section 17154, subsection 5. [1989, c. 95, §3 (new).]




B. Amounts deducted from the compensation of teachers must be paid to the retirement system by the chief administrative officer of each school administrative unit monthly in accordance with rules of the board. Delinquent payments due under this paragraph:

(1) May be subject to a late fee as directed by the board and interest at a rate, to be set by the board and paid by the school administrative unit, not to exceed regular interest by 5 or more percentage points;


(2) May be recovered by action in a court of competent jurisdiction against the school administrative unit; or


(3) May, at the request of the retirement system, be deducted from any other money payable to that school administrative unit.
[1991, c. 185, §1 (amd).]




C. Payment of members' contributions to the retirement system by participating local districts is governed by sections 18301 to 18303. [1989, c. 95, §3 (new).]

[1981, c. 185, §1 (amd).]


2. Manner of deduction. The amounts deducted under subsection 1, when deducted, shall be:



A. Paid into the Members' Contribution Fund; and [1985, c. 801, § § 5, 7 (new).]




B. Credited to the individual account of the member from whose compensation the deduction was made. [1985, c. 801, § § 5, 7 (new).]

[1985, c. 801, § § 5, 7 (new).]


3. Member's consent. Every member shall be deemed to consent to allow the chief administrative officer of his department, school or participating local district to make deductions from the member's compensation or to make pick-up contributions to satisfy the member's required contribution to the retirement system. [1987, c. 739, §§7,48 (amd).]


4. Discharge of claims. Payment of compensation to a member, minus the adjustment to compensation resulting from a deduction or employer pick-up contributions under this section, shall be a complete discharge of all claims and demands based on the services rendered by the member during the period covered by the payment, except for any claims or demands for the benefits provided under this Part. [1987, c. 739, §§7,48 (amd).]


5. Reduction of minimum compensation. The deductions under this section shall be made notwithstanding that the minimum compensation provided for by law for any member is reduced by the deduction. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17204. Contributions on member's own account

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 2: MEMBERS' CONTRIBUTION FUND (HEADING: PL 1985, c. 801, @5 (new))

§17204. Contributions on member's own account

Any member in service may make contributions on his own account, in addition to the employee contributions required under this Part, to the Members' Contribution Fund, at a rate not in excess of 10% of earnable compensation for the purpose of increasing the amount of payment of the member's retirement allowance under any service retirement provision of this Part. [1985, c. 801, § § 5, 7 (new).]

1. Rules. The board shall adopt rules governing this right of members to make additional contributions. [1985, c. 801, § § 5, 7 (new).]


2. Exception to 10% rule. Any member in service on January 1, 1976, and ineligible to make contributions under sections 17754, 17763 and 18354 because of the amendments of the predecessors of those sections by Public Law 1975, chapter 622, may make whatever additional contributions, at a rate in excess of 10% of earnable compensation, as are necessary to provide an increased retirement allowance equal to any benefits to which the member would have been entitled under the predecessors of sections 17754, 17763 and 18354, as in effect immediately before January 1, 1976. [1985, c. 801, § § 5, 7 (new).]


3. Limitation. This section shall not be applicable to any member who has not begun increased contributions under this section before January 1, 1990. [1989, c. 95, §4 (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 04333-0007Title 5 - §17205. Transfers of funds (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 2: MEMBERS' CONTRIBUTION FUND (HEADING: PL 1985, c. 801, @5 (new))

§17205. Transfers of funds (REPEALED)


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 04333-0007Title 5 - §17206. Statement of account

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 2: MEMBERS' CONTRIBUTION FUND (HEADING: PL 1985, c. 801, @5 (new))

§17206. Statement of account

The executive director shall furnish to each member of the retirement system, upon request, a statement showing the amount of accumulated contributions to the member's credit in his individual account in the Members' Contribution Fund. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17251. Establishment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 3: RETIREMENT ALLOWANCE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17251. Establishment

The Retirement Allowance Fund is established in which shall be accumulated all reserves required for the payment of benefits under this Part, other than reserves in the Members' Contribution Fund, the Survivors' Benefit Fund and the Disability Retirement Benefit Fund. [1989, c. 409, §§4, 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 04333-0007Title 5 - §17252. Employer contribution

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 3: RETIREMENT ALLOWANCE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17252. Employer contribution

On account of each member, the State and each participating local district shall pay annually into the Retirement Allowance Fund an amount equal to a certain percentage of the annual earnable compensation of employees. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17253. Employer contribution rate

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 3: RETIREMENT ALLOWANCE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17253. Employer contribution rate

The percentage rate of the employer contribution, described in section 17252, to be known as the "employer contribution rate," shall be fixed on the basis of the assets and liabilities of the retirement system as shown by actuarial valuation. [1985, c. 801, §§5, 7 (new).]

1. Computation. The employer contribution rate shall be determined as the percentage of the members' earnable compensation payable during the members' periods of membership required to provide the difference between the total liabilities for retirement allowances not provided by the members' accumulated contributions and the amount of the assets in the Retirement Allowance Fund. [1987, c. 739, §§8, 48 (amd).]


2. Manner of determination. The employer contribution rate shall be determined after each valuation based on actuarial assumptions adopted by the board and shall continue in force until a new valuation is made. [1985, c. 801, §§5, 7 (new).]


3. Components of unfunded liability contribution. The annual valuation report prepared by the actuary in accordance with section 17107 must include identification of the impact on the employer contribution rate of any excess General Fund revenues transferred to the Retirement Allowance Fund pursuant to section 1532. [2005, c. 2, Pt. A, §10 (amd); §14 (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 04333-0007Title 5 - §17254. Minimum state contribution

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 3: RETIREMENT ALLOWANCE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17254. Minimum state contribution

The aggregate payment by the State into the Retirement Allowance Fund for state employees and teachers shall be at least sufficient, when combined with the amount in the Retirement Allowance Fund, to provide the benefits payable out of the fund during the current year. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17301. Establishment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 4: EXPENSE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17301. Establishment

The Expense Fund is established to which shall be credited all money provided by the State and the participating local districts to pay the administrative expenses of the retirement system and from which shall be paid all the expenses necessary to the administration and operation of the retirement system. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17302. Administration of fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 4: EXPENSE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17302. Administration of fund

1. Payment. Biennially the board shall estimate the amount of money which is deemed necessary to be paid into the Expense Fund during the upcoming biennium to provide for the expenses of operation of the retirement system and the State shall pay that amount to the Expense Fund for that purpose. [1985, c. 801, § § 5, 7 (new).]


2. Unexpended balance. Any unexpended balance may not lapse but shall constitute a continuous carrying account. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17351. Establishment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 5: SURVIVORS' BENEFIT FUND (HEADING: PL 1985, c. 801, @5 (new))

§17351. Establishment

The Survivors' Benefit Fund is established in which shall be accumulated all reserves required for the payment of survivors' benefits as set forth in sections 17953, 18553 and 18556. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17352. Survivors' contribution

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 5: SURVIVORS' BENEFIT FUND (HEADING: PL 1985, c. 801, @5 (new))

§17352. Survivors' contribution

On account of each member, the State and those participating local districts which have elected survivor benefits shall pay annually into the Survivors' Benefit Fund an amount equal to a certain percentage of the annual earnable compensation of the member, to be known as the "survivors' contribution." [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17353. Survivors' contribution rate

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 5: SURVIVORS' BENEFIT FUND (HEADING: PL 1985, c. 801, @5 (new))

§17353. Survivors' contribution rate

The percentage rate of the survivors' contribution, described in section 17352, shall be fixed on the basis of the liabilities established by sections 17953, 18553 and 18556, as shown by actuarial valuation. [1985, c. 801, § § 5, 7 (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 04333-0007Title 5 - §17401. Establishment and limitation of fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 6: STATE RETIREE HEALTH INSURANCE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17401. Establishment and limitation of fund

The State Retiree Health Insurance Fund is established to which must be credited all money provided by the State to pay premiums for group accident insurance and group sickness or health insurance for persons eligible for these payments under section 285, subsection 7. After June 30, 1995, the State may not provide money to be credited to the fund and, after the balance in the fund as of June 30, 1995 has been exhausted, the fund may no longer be utilized. [1995, c. 368, Pt. G, §8 (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 04333-0007Title 5 - §17402. Payment of premium

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 6: STATE RETIREE HEALTH INSURANCE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17402. Payment of premium

All premiums for group accident insurance or group sickness or health insurance paid by the retirement system must be paid from the State Retiree Health Insurance Fund, until the balance in the fund as of June 30, 1995 has been exhausted. After June 30, 1995, these premiums may not be paid by the retirement system. [1995, c. 368, Pt. G, §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 04333-0007Title 5 - §17403. Administration of fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 6: STATE RETIREE HEALTH INSURANCE FUND (HEADING: PL 1985, c. 801, @5 (new))

§17403. Administration of fund (REPEALED)


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 04333-0007Title 5 - §17411. Establishment and limitation of fund

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 7: STATE RETIRED TEACHERS' HEALTH INSURANCE FUND (HEADING: PL 1987, c. 450, @1 (new))

§17411. Establishment and limitation of fund

The State Retired Teachers' Health Insurance Fund is established to which must be credited all money provided by the State to pay premiums for group accident insurance and group sickness or health insurance for persons eligible for these payments under Title 20-A, section 13451. After June 30, 1995, the State may not provide money to be credited to the fund and, after the balance in the fund as of June 30, 1995 has been exhausted, the fund may no longer be utilized. [1995, c. 368, Pt. G, §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 04333-0007Title 5 - §17412. Payment of premium

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 7: STATE RETIRED TEACHERS' HEALTH INSURANCE FUND (HEADING: PL 1987, c. 450, @1 (new))

§17412. Payment of premium

All premiums for group accident insurance or group sickness or health insurance paid by the retirement system for retired teachers must be paid from the State Retired Teachers' Health Insurance Fund, until the balance in the fund as of June 30, 1995 has been exhausted. After June 30, 1995, these premiums may not be paid by the retirement system. [1995, c. 368, Pt. G, §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 04333-0007Title 5 - §17413. Administration of fund (REPEALED)

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 7: STATE RETIRED TEACHERS' HEALTH INSURANCE FUND (HEADING: PL 1987, c. 450, @1 (new))

§17413. Administration of fund (REPEALED)


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 04333-0007Title 5 - §17421. Establishment

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 8: Disability Retirement Benefit Fund (HEADING: PL 1989, c. 409, @5 (new))

§17421. Establishment

The Disability Retirement Benefit Fund is established in which shall be accumulated all reserves required for the payment of disability retirement benefits and other costs as set forth in chapter 423, articles 3 and 3-A and chapter 425, subchapter V, articles 3 and 3-A. The fund shall include an account for the accumulated contributions of former members who are recipients of disability retirement benefits under this article. [1989, c. 409, §§5, 12 (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 04333-0007Title 5 - §17422. Disability contribution

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 8: Disability Retirement Benefit Fund (HEADING: PL 1989, c. 409, @5 (new))

§17422. Disability contribution

For each member, the State and those participating local districts which have elected disability retirement benefits under chapter 425, article 3 or 3-A shall pay annually into the Disability Retirement Benefit Fund an amount equal to a certain percentage of the annual earnable compensation of the member, to be known as the "disability contribution." [1989, c. 409, §§5, 12 (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 04333-0007Title 5 - §17423. Disability contribution rate

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 4: FINANCING (HEADING: PL 1985, c. 801, @5 (new))
Article 8: Disability Retirement Benefit Fund (HEADING: PL 1989, c. 409, @5 (new))

§17423. Disability contribution rate

The percentage rate of the disability contribution, described in section 17422, shall be fixed on the basis of the liabilities established by chapter 423, subchapter V, articles 3 and 3-A and chapter 425, subchapter V, articles 3 and 3-A. The actuary shall determine percentage rates applicable to employers whose employees are covered by chapter 423, subchapter V, articles 3 and 3-A and chapter 425, subchapter V, articles 3 and 3-A, taking into consideration other factors which influence costs. [1989, c. 409, §§5, 12 (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 04333-0007Title 5 - §17451. Appeals

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM (HEADING: PL 1985, c. 801, @5 (new))
Chapter 421: GENERAL PROVISIONS (HEADING: PL 1985, c. 801, @5 (new))
Subchapter 5: APPEALS (HEADING: PL 1985, c. 801, @5 (new))

§17451. Appeals

1. Decision of executive director. Any person aggrieved by a decision or ruling of the executive director may appeal the decision or ruling to the board.



A. To appeal a person must apply in writing to the board within 30 days after receiving written notice of the executive director's decision or ruling. [1985, c. 801, § § 5, 7 (new).]




B. In any appeal proceeding, the board may investigate and consider all issues of fact or law, including the reasons for the decision or ruling of the executive director. [1985, c. 801, § § 5, 7 (new).]




C. The appeal proceeding is an adjudicatory proceeding within the meaning of chapter 375, subchapter IV. [1985, c. 801, § § 5, 7 (new).]




D. The board shall complete the appeal proceeding within 90 days of receiving the written application for appeal. [1985, c. 801, § § 5, 7 (new).]

[1985, c. 801, § § 5, 7 (new).]


2. Decision of board. Any person aggrieved by a decision or ruling of the board in an adjudicatory proceeding is entitled to judicial review of the decision or ruling in accordance with chapter 375,subchapter VII. [1985, c. 801, § § 5, 7 (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

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