Rules & Rulemaking

MainePERS is conducting rulemaking on three proposed amended rules and has recently completed rulemaking on four other 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.

A public hearing on the proposed amended rule is scheduled for 11:30 AM on January 8, 2026, in the MainePERS Board Room at 139 Capitol Street, Augusta, Maine. The public hearing may also be accessed via webinar.

The proposed amended rule may be viewed on this website at the link above, or a copy may be obtained by contacting the Chief Executive Officer’s office at 1-800-51-9800 or by email at [email protected].

Written comments may be submitted at [email protected], or through regular U.S. mail at MainePERS, P.O. Box 349, Augusta, ME 04332-0349. Written comments must be received no later than 4:00 PM on January 20, 2026.

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.

Chapter 201 – Employer Reporting and Payments

Chapter 201 – Employer Reporting and Payments (PDF)

This rule governs payroll reporting by employers. The replacement rule sets expectations for payroll reporting, submission of contributions, and payment of Group Life Insurance premiums and provide for late fees and interest. The replacement rule also provides that: (1) MainePERS should consider whether there are any extenuating circumstances and whether the employer is attempting in good faith to comply; and (2) any late fees would be credited toward any interest requirement.

Final regulatory review of this rule is complete and the rule is effective December 4, 2025. 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].

Chapter 803 – Participating Local Districts Consolidated Retirement Plan

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

This rule 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 and Chapter 427. The amended rule allows Participating Local District (PLD) members with prior non-military federal service to purchase up to five years of service credit at actuarial cost. The amendments also allow the chief administrative office of participating local district to clarify ambiguities in actions taken by the governing body regarding plan participation. The ensures that 401(a) defined contribution plan elections conform with federal plan qualification requirements. The amendment also removes an infrequently used and inefficient provision that permits a member retiring early to forgo cost-of-living adjustments (COLA) until they attain normal retirement age.

Final regulatory review is complete, and the amended rule is effective December 10, 2025. The proposed amended rule may be viewed on this website at the link above, or a copy may be obtained by contacting the Chief Executive Officer’s office at 1-800-51-9800 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/08.20.2025%20-%20Online.docx

Chapter 406 – Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service

Chapter 406 – Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service (PDF)

This rule sets forth the requirements for members to purchase or repurchase creditable service. The proposed amendments to the rule allows Maine Public Employees Retirement System members of the State Employee and Teacher Retirement Program and the Participating Local District Consolidated Plan with prior federal employment to purchase up to five years of service credit at actuarial cost.

Final regulatory review of this rule is complete and the rule is effective November 22, 2025. 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/08.20.2025%20-%20Online.docx

Chapter 506 – Eligibility for Disability Retirement Benefits

Chapter 506 – Eligibility for Disability Retirement Ben e fits (PDF)

This rule chapter sets forth the standards and processes for determining eligibility for disability retirement benefits. The amendments to the rule eliminate the requirement for continuous service before a member can be eligible for disability retirement without meeting pre-existing condition criteria. The proposed amendments simplify continued eligibility for disability retirement benefits consistent with statute.