Rules & Rulemaking
MainePERS has recently completed rulemaking on two rules and is in the process of rulemaking on two others. A brief description of current rulemaking is as follows:
Chapter 406 – Payment or Repayment of Contributions and Interest for the Purchase of Creditable Service
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.
A public hearing will be held on the proposed amended rule September 11, 2025, at 11:30 AM at Maine Public Employees Retirement System, 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 P.M. on September 22, 2025.
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 Benefits (PDF)
This rule chapter sets forth the standards and processes for determining eligibility for disability retirement benefits. The proposed 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.
A public hearing will be held on the proposed amended rule September 11, 2025, at 11:30 AM at Maine Public Employees Retirement System, 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 1-800-451-9800 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 P.M. on September 22, 2025.
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 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 proposed amendments to the rule allow Participating Local District (PLD) members with prior non-military federal service to purchase up to five years of service credit at actuarial cost. The proposed amendments also allows the chief administrative office of participating local district to clarify ambiguities in actions taken by the governing body regarding plan participation. The proposed amendments also ensures that 401(a) defined contribution plan elections conform with federal plan qualification requirements. The proposed amendments 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.
A public hearing will be held on the proposed amended rule September 11, 2025, at 11:30 AM at Maine Public Employees Retirement System, 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 P.M. on September 22, 2025.
Chapter 510 – Reduction of Disability Retirement Benefits Because of Lump-Sum Settlements of Benefits Payable Under the Workers’ Compensation or Similar Law
This rule sets forth the methodology by which disability retirement benefits are reduced when a beneficiary of such benefits receives a lump-sum settlement of benefits payable under the workers’ compensation or similar law. The proposal is to amend the rule. The proposed amended rule removes references to the offset of disability retirement benefits for Social Security benefits received by a member for the same condition. Amendments to Ch. 803 Participating Local Districts Consolidated Retirement Plan repeals this offset.
A public hearing was held on the proposed amended rule August 14, 2025.
The Board of Trustees will consider adoption of the proposed amended rule as part of their September 11, 2025 meeting.
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/07.23.2025%20-%20Online.docx
Chapter 513 – Disability Retirement Compensation Limitations and Benefit Offsets
Chapter 513 – Disability Retirement Compensation Limitations and Benefit Offsets (PDF)
This rule provides guidance on disability compensation limits and benefit offsets. The proposed amended rules eliminates reference to the offset of disability retirement benefits and compensation limits for Social Security benefits received by a member for the same condition. Amendments to Ch. 803 Participating Local Districts Consolidated Retirement Plan repeals this offset.
A public hearing was held on the proposed amended rule July 10, 2025.
The Board of Trustees approved final adoption of the proposed amended rule at their August 14, 2025 meeting. Final regulatory review is underway.
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/06.18.2025%20-%20Online.docx
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 proposed amended rule adopts into the PLD Consolidated Retirement Plan PL 2025, Chapter 270 (effective September 24, 2025), which eliminates reductions to disability retirement benefits related to the receipt of Social Security disability benefits retroactive to January 1, 2024.
A public hearing was held on the proposed amended rule on July 10, 2025.
The Board of Trustees approved final adoption of the proposed amended rule at their August 14, 2025 meeting. Final regulatory review is underway.
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/06.18.2025%20-%20Online.docx
Chapter 102 – Qualification as a Full-time Student
Chapter 102 – Qualification as a Full-time Student (PDF)
This rule defines the requirements to qualify as a full-time student for the purposes of survivor benefit payments to a dependent child of a deceased member. Rule Chapter 102 was adopted in 1986 and has not been substantively amended since that date. The proposal is to repeal and replace the rule. The proposed replacement rule includes updated language and formatting, and the removal of wording for consistency with existing statutory language.
Final regulatory review is complete and the amended rule is effective August 3, 2025. The rule may be viewed on this website 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 901 – Adjustment to Retirement Benefits for Confidential State Employees
Chapter 901 – Adjustment to Retirement Benefits for Confidential State Employees
This rulemaking repealed Rule Chapter 901. Chapter 901 was adopted in 1986 to provide a schedule for adjustments to confidential state employee’s average final compensation for the period January 1986 through March 1987. This rule no longer has any application.
Final regulatory review is complete and the rule is repealed effective August 3, 2025. Questions regarding this repeal may be submitted by contacting the Chief Executive Officer’s office at 1-800-451-9800 or by email at [email protected].
Chapter 201 – Employer Reporting and Payments
Chapter 201 – Employer Reporting and Payments (PDF)
This rule governs payroll reporting by employers. The current rule has not been amended since it was adopted in 1985. The proposed rule repeals and replaces the current rule. The proposed replacement rule would set expectations for payroll reporting, submission of contributions, and payment of Group Life Insurance premiums and provide for late fees and interest. The proposed 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.
The rule was approved by the Legislature for finally adoption by the Board of Trustees. This approval is effective September 24, 2025. The Board of Trustees will consider final adoption in October 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].