Maine Revised Statutes Title 5 Sec. 18529 – Payment of benefit
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1. Beginning. Payment of disability retirement benefits shall begin on the first day of the month following the date of termination of active service of the member, but not more than 6 months before the date of receipt by the chief executive officer of the written application, by or on behalf of the member, for disability retirement, unless it is shown that:
A. It was not reasonably possible to file the application for disability retirement benefits within the 6-month period; and [PL 1989, c. 409, §§11, 12 (NEW).]
B. The application was made as soon as reasonably possible. [PL 1989, c. 409, §§11, 12 (NEW).]
[PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
Terms Used In Maine Revised Statutes Title 5 Sec. 18529
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Average final compensation: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Benefit: 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 that the member is mentally or physically incapacitated under the following conditions:
A. See Maine Revised Statutes Title 5 Sec. 18521in writing: include printing and other modes of making legible words. 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 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 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. 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 Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Cessation. Payment of disability retirement benefits shall continue as long as a person is disabled, except that:
A. The disability retirement benefit ceases and a service retirement benefit begins when the service retirement benefit of a person equals or exceeds the amount of the disability retirement benefit.
(1) When calculating the person’s service retirement benefit, the average final compensation is the average final compensation at the time that person terminated active service before receiving disability retirement benefits adjusted by the same percentage adjustments, if any, that were applied to the disability retirement benefits under section 18407.
(2) The person is entitled to receive service credit for the purpose of determining benefits under this Part for the period following termination of service for which that person receives disability retirement benefits under this article; and [PL 1991, c. 887, §17 (AMD).]
A-1. For a person who by election or by having retired on disability retirement prior to October 16, 1992, remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 17, the disability retirement benefit ceases:
(1) On the 10th anniversary of that person’s normal retirement age, as defined in section 17001, subsection 23; or
(2) When the service retirement benefit of that person equals or exceeds the amount of the disability retirement benefit, if that occurs before the beneficiary‘s normal retirement age. [PL 1997, c. 384, §15 (NEW).]
B. The chief executive officer may require, once each year, that the person undergo examinations or tests, conducted in accordance with section 18526, to determine the person’s disability.
(1) After the disability has continued for 2 years, the disability must render the person unable to engage in any substantially gainful activity that is consistent with the person’s training, education or experience and average final compensation adjusted by the same percentage adjustment as has been received under section 18407. The disability retirement benefit continues if the person can effectively demonstrate to the chief executive officer that the person is actively seeking work. For purposes of this subparagraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient’s average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 18407.
(2) If the person refuses to submit to the examinations or tests under this paragraph, the disability retirement benefit is discontinued until that person withdraws the refusal.
(3) If the person’s refusal under subparagraph (2) continues for one year, all rights to any further benefits under this article cease.
(4) If it is determined, on the basis of the examinations or tests under this paragraph, that the disability of a person no longer exists, the payment of the disability retirement benefit ceases.
(5) The chief executive officer shall notify the person in writing of the decision to discontinue the disability retirement allowance under subparagraph (2) or (4).
(b) If the person appeals the chief executive officer’s decision, the disability retirement allowance may not be discontinued until all appeals have been exhausted. [PL 2021, c. 277, §38 (AMD); PL 2021, c. 548, §45 (REV).]
[PL 2021, c. 277, §38 (AMD); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§11,12 (NEW). PL 1991, c. 887, §17 (AMD). PL 1995, c. 643, §27 (AMD). PL 1997, c. 384, §15 (AMD). PL 2003, c. 675, §4 (AMD). PL 2021, c. 277, §38 (AMD). PL 2021, c. 548, §45 (REV).