Maine Revised Statutes Title 5 Sec. 17910 – Voluntary return to service
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1. Right to reinstatement. If the beneficiary of a disability retirement benefit decides that he is no longer incapacitated and is able to perform the duties of his employment position, the employer for whom he last worked prior to becoming disabled shall reinstate the person to the first available position for which the beneficiary is qualified and is consistent with the beneficiary’s prior work experience. If a collective bargaining agreement applies to such a position, the employer may offer only a position which the beneficiary could claim by virtue of the seniority accumulated at the time of the disability.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 17910
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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. See Maine Revised Statutes Title 5 Sec. 17001
- 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
- Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. 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
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- 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
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001
- Retirement allowance: means the retirement payments to which a member is or may be entitled as provided in this Part. See Maine Revised Statutes Title 5 Sec. 17001
- Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001
- Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
2. Dispute over mental or physical capacity. In the event there is a dispute between the beneficiary and the former employer over the beneficiary’s mental or physical capacity to perform a specific job, at the option of the beneficiary that dispute must be resolved by the majority decision of 3 medical providers, one appointed and reimbursed by the beneficiary, one appointed and reimbursed by the employer and one appointed by the chief executive officer and reimbursed by the Maine Public Employees Retirement System.
[PL 2017, c. 88, §24 (AMD); PL 2021, c. 548, §45 (REV).]
3. Termination or reduction in benefits. At the option of the former beneficiary who has returned to an employment position, the disability retirement benefit may be terminated as of the end of the first month he is reinstated to a position or may be subject to section 17906, subsection 3.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
4. Reinstatement of benefits. If, during the first 5 years of reinstatement, the former beneficiary again becomes disabled as a result of the medical condition for which the initial disability retirement allowance was granted and terminates employment, the Maine Public Employees Retirement System shall resume paying the disability retirement benefit payable prior to the reinstatement with all applicable cost-of-living adjustments. The Maine Public Employees Retirement System may require examinations or tests to determine whether a member‘s medical condition is the same as that for which disability retirement was initially granted.
This provision shall apply only to state employees and teachers.
[PL 1985, c. 801, §§ 5, 7 (NEW); PL 2007, c. 58, §3 (REV).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 58, §3 (REV). PL 2017, c. 88, §24 (AMD). PL 2021, c. 548, §45 (REV).