Workers’ Compensation Offsets
There is a maximum monetary amount that members can receive from the combination of MainePERS disability retirement and Workers Compensation.
If one or more of the medical conditions applied on is the result of or exacerbated by MainePERS-covered employment, a member must provide proof of filing for Workers’ Compensation prior to MainePERS reaching a decision on eligibility for disability retirement.
If a member receives a Workers’ Compensation benefit for a condition other than the condition(s) the MainePERS disability benefit has been granted on, there is no offset to the MainePERS disability benefit.
The combination of MainePERS disability retirement and Workers’ Compensation benefits (awarded based on the same medical condition(s) that a MainePERS disability retirement benefit is granted on) cannot exceed 80% of the Average Final Compensation. When the combined benefits exceed the amount allowed, MainePERS will reduce the disability retirement benefit to reach the 80% threshold. However, a disability benefit cannot be reduced below the actuarial equivalent of a member’s contributions and interest.
It is important that disability recipients notify MainePERS when there is a change in the amount of Workers’ Compensation payments, including any lump-sum settlements, to avoid over or underpayment of MainePERS disability retirement benefits.
For example:
Average Final Compensation (AFC) is $40,000
Workers’ Compensation monthly benefit is $1,000
80% is the maximum allowed from the combination of all benefits (disability retirement and WC)
- $40,000 x 80%= $32,000/12= $2,666,67 (monthly)
Disability benefit is 59% of the AFC
- $40,000 x 59%= $23,600/12= $1,966.67 (monthly disability benefit)
$1,966.67 + $1,000 = $2,966.67 (total of all benefits)
$2,966.67 – $2,666.67(max amount allowed) = $300 (offset)
$1,966.67 (unreduced monthly benefit) – $300 (reduction) = $1,666.67 (offset disability benefit)
