Rules & Rulemaking

MainePERS has recently completed rulemaking on three rules. A brief description of current rulemaking is as follows:

Chapter 103 – Qualified Domestic Relations Orders

This Chapter implements the provisions in the Maine Public Employees Retirement System statutes relating to qualified domestic relations orders (5 M.R.S. §§17059 to 17061) which provides the statutory authority for the retirement system to pay benefits to the alternate payee of a member or retiree when the right to such payment is established by a qualified domestic relations order. The proposed amendments to this Chapter establish that digital certification of a qualified domestic relations order will only be accepted where it complies with Maine law. The proposed amendments also remove references to Social Security with respect to disability retirement benefits in conformity with PL 2025, c. 270.

Final regulatory review on this rule is complete and the rule is effective February 24, 2026. The rule may be viewed on this web site via the link above, or a copy may be obtained by contacting the Chief Executive Officer’s office at 1-800-451-9800 or by email at [email protected].

More information regarding this rulemaking can also be found at the Secretary of State’s website at: https://www.maine.gov/sos/sites/maine.gov.sos/files/inline-files/12.17.2025%20Rulemaking%20Notices%20%28Online%29.docx

Chapter 511 – Actively Seeking Work

This Chapter sets out the standards and definitions to be applied in determining under 5 M.R.A. §§17929(2)(B)(1) and 18529(2)(B)(1) whether a disability retirement benefit recipient is actively seeking work. The proposed amendments to this rule remove the definition of substantially gainful activity level from this chapter, recognizes the period of time for which benefits are continued for a disability retirement benefit recipient in actively seeking work status as up to five years. The proposed amendments to the rule also exempt a disability retirement benefit recipient who is enrolled in school or other job preparedness training from job search requirements.

Chapter 803 – Participating Local Districts Consolidated Retirement Plan

Chapter 803 – Participating Local Districts Consolidated Retirement Plan (PDF)

This Chapter establishes a consolidated retirement plan, as required by 5 M.R.S. §§18801 et seq. for local districts that are participating local districts under 5 M.R.S. Chapter 425 before the date the plan is put into operation and for local districts that enter into agreements for the participation of their employees in the Maine Public Employees Retirement System after The Plan is put into operation. The proposed amendments to this Chapter treat preconsolidated service as Consolidated Plan service for those retiring after the new Pension Administration System goes live.