Maine Revised Statutes Title 5 Sec. 17904 – Qualification for benefit
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1. Qualification. Except as provided in subsection 2, a member qualifies for a disability retirement benefit if the member becomes disabled while in service and before reaching normal retirement age.
A. [PL 1991, c. 887, §4 (RP).]
B. [PL 1991, c. 887, §4 (RP).]
[PL 1997, c. 384, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 5 Sec. 17904
- Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001
- 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. See Maine Revised Statutes Title 5 Sec. 17001
- disabled: means mentally or physically incapacitated: [PL 1985, c. See Maine Revised Statutes Title 5 Sec. 17901
- Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001
- 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. See Maine Revised Statutes Title 5 Sec. 17001
- Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001
- Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001
- Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001
2. Exception. A member with fewer than 5 years of continuous creditable service immediately preceding that member’s application for a disability retirement benefit is not eligible for that benefit if the disability is the result of a physical or mental condition that existed before the member’s latest membership in any retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member’s employment.
[PL 2007, c. 491, §175 (AMD).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 434, §1 (AMD). PL 1991, c. 887, §4 (AMD). PL 1997, c. 384, §4 (AMD). PL 2007, c. 491, §175 (AMD).