Rules & Rulemaking
MainePERS has recently completed rulemaking on one rule and is in the process of rulemaking on another. A brief description of current rulemaking is as follows:
Chapter 104 – Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
This rule implements 5 M.R.S. § 17001(13(C), the provisions in the Maine Public Employees Retirement System statute relating to limitations or “caps” on earnable compensation for the purposes of determining average final compensation for state employee and teacher members. The proposed rule amends the current rule. Under the proposed amended rule, all earnable compensation increases to a member in a collectively-bargained position or that results from receiving a promotion would be excluded from the cap.
A public hearing on the proposed replacement rule is scheduled for 10:30 a.m. on April 10, 2025, in the MainePERS Board Room at 139 Capitol Street, Augusta, Maine.
The proposed replacement 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].
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 April 21, 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/03.19.2025%20-%20Online.docx
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.
At its September 12, 2024 meeting, the Board of Trustees provisionally adopted the proposed replacement rule. The rule must be reviewed by the Legislature before it can be finally adopted by the Board of Trustees. Updated information will be made available once final action has been taken on the rule, likely in early-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].