Maine Revised Statutes Title 5 Sec. 18556 – Special survivor benefit option
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1. Manner of adoption. A participating local district may adopt the special survivor benefit option under this section in addition to the benefits provided under section 18553 in the manner set forth in section 18202.
[PL 1991, c. 469, §7 (AMD).]
Terms Used In Maine Revised Statutes Title 5 Sec. 18556
- 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
- Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. 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
- Child: means any natural or legally adopted, born or unborn, progeny of a member. 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
- Dependent: A person dependent for support upon another.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Member: 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 Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001 Qualifying member: means a member in service or a former member who is receiving a disability retirement benefit. See Maine Revised Statutes Title 5 Sec. 18551 Retirement: means termination of membership with a retirement allowance granted under this chapter. 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 Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001
2. Limitation of beneficiaries. A participating local district which adopts this section may limit the designated beneficiaries eligible for these benefits and may limit the undesignated beneficiaries eligible for benefits if no beneficiary is designated. Any later change in the designation of the beneficiaries must be made in accordance with section 18202.
[PL 1985, c. 801, §§5, 7 (NEW).]
3. Effective date. A participating local district that elects to adopt this section shall designate January 1, 1987 for purposes of determining which persons currently receiving benefits under section 18553, subsections 3 to 5, may elect benefits under this section, if eligible. Benefit recomputation and payment for any person electing benefits under this section become effective on the first day of the month following notification to the board of the adoption of this section.
[RR 1997, c. 2, §23 (COR).]
4. Retroactive adoption of this section. In a participating local district which has adopted this section retroactively, a person currently receiving benefits under section 18553, subsections 3 to 5 may, if eligible, elect to receive benefits under this section in lieu of benefits under section 18553, subsections 3 to 5 under the following conditions.
A. The person must apply in writing to the chief executive officer. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
B. The application must be received by the chief executive officer within 6 months after the notification to the board by the participating local district adopting this section. [PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
[PL 1985, c. 801, §§5, 7 (NEW); PL 2021, c. 548, §45 (REV).]
5. Election of benefit. In lieu of accepting the benefits under section 18553, the first listed of the beneficiaries under paragraph A or B, whichever applies, may, if living at the death of the qualifying member, elect the benefits in this section, if the deceased qualifying member had 20 years of creditable service at the time of his death.
A. If a beneficiary was designated under section 18552, the following designated beneficiaries of the deceased are eligible to make the election under this subsection:
(1) Surviving spouse;
(2) Dependent child or dependent children; or
(3) Parent or parents. [PL 1985, c. 801, §§5, 7 (NEW).]
B. If no beneficiary was designated under section 18552, the following relatives of the deceased, if any, alive at the qualifying member’s death are eligible to make the election under this subsection:
(1) Surviving spouse;
(2) Dependent child or dependent children; or
(3) Parent or parents. [PL 1985, c. 801, §§5, 7 (NEW).]
[PL 1985, c. 801, §§5, 7 (NEW).]
6. Payment of benefits. Benefits under this section shall be paid as follows.
A. The benefit shall be computed in accordance with section 18452, subsection 1, and shall be reduced in accordance with section 18452, subsection 3, as if the service retirement of the qualifying member had taken place on the date of his death. [PL 1985, c. 801, §§5, 7 (NEW).]
B. The beneficiary shall be paid, beginning the first month after the death of the qualifying member and continuing until the date of the beneficiary’s death. [PL 1985, c. 801, §§5, 7 (NEW).]
C. Benefits under this section shall be paid in accordance with section 18404, subsection 3. [PL 1985, c. 801, §§5, 7 (NEW).]
[PL 1985, c. 801, §§5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 469, §7 (AMD). RR 1997, c. 2, §23 (COR). PL 2021, c. 548, §45 (REV).