Maine Revised Statutes Title 5 Sec. 18533 – Service retirement
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1. Average final compensation. The service retirement benefit of a person who returns to employment with that person’s former employer or any other employer whose employees are covered by this article or chapter 423, subchapter V, article 3?A, after having been the recipient of a disability retirement benefit, shall be computed in its entirety using the average final compensation as defined by section 17001, subsection 4, on the date of that person’s termination from service immediately before becoming the recipient of a service retirement benefit.
[PL 1989, c. 409, §§11, 12 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 18533
- 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. 18521Employment position: means :
A. See Maine Revised Statutes Title 5 Sec. 18521Member: 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 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Cost of benefits. The cost of benefits based upon service credits earned before and during disability must be charged to the Retirement Allowance Fund. The cost of benefits based upon service credits earned after becoming reemployed must be charged to the account of the employer through whom the service credits were earned.
[PL 2007, c. 249, §32 (AMD).]
3. Special plans. The service credits earned after return to employment by a person who was employed under a special plan before becoming the recipient of a disability retirement benefit shall be credited toward completing the service requirements for retirement under that special plan. As used in this section, unless the context otherwise indicates, “special plan” means any of the retirement programs in section 17851, subsections 4 to 11 or section 18453, subsections 2 to 9.
A. The chief executive officer may require, once each year, that the member undergo examinations or tests, conducted in accordance with section 18526, to determine that the member is still disabled to the extent that it is impossible to perform the duties of that member’s former employment position. [PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
B. If the member refuses to submit to the examinations or tests under paragraph A, the service credits earned after that date shall be based upon the plan applicable to the position in which the member is currently employed. [PL 1989, c. 409, §§11, 12 (NEW).]
C. If it is determined on the basis of the examinations or tests under paragraph A that the member is no longer disabled to the extent that it is impossible to perform the duties of the former employment position, the member shall:
(1) Return to employment in a position covered by the same special plan or a comparable special plan that covered the former employment position; or
(2) Remain in the current employment position and have the service credits earned thereafter based upon the plan applicable to the position in which the member is currently employed. [PL 1989, c. 409, §§11, 12 (NEW).]
[PL 1989, c. 409, §§11, 12 (NEW); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§11,12 (NEW). PL 2007, c. 249, §32 (AMD). PL 2021, c. 548, §45 (REV).