Rules & Rulemaking
The MainePERS Board of Trustees recently completed rulemaking on several rules. A brief description of recent rulemaking is as follows:
Chapter 506 – Eligibility for Disability Retirement Benefits
This new rule sets forth the standards and processes for determining eligibility for disability retirement benefits. It (1) establishes applicable definitions; (2) establishes standards for initial eligibility, use of a medical review service provider or independent medical examination, determination of inability to perform essential functions of the position and application of disabled veteran presumption; and (3) establishes the process by which a disability retiree may be reviewed for continuing eligibility.
Chapter 507 – Determination of Inability to Engage in Substantially Gainful Activity
This rule specifies the standards and definitions to be applied in determining under 5 M.R.S. §§ 17907(2)(B), 17929(2)(B)(1), 18507(2)(B) and 18529(2)(B)(1) whether a disability retirement recipient is unable to engage in any substantially gainful activity. This rule is being repealed because its provisions have been included in the new disability rule (Chapter 506).
Chapter 509 – Determination of Inability to Perform the Essential Functions of the Employment Position
This rule specifies the standards and definitions to be applied in determining under 5 M.R.S. §§ 17907(2)(B), 17929(2)(B)(1), 18507(2)(B) and 18529(2)(B)(1) whether a disability retirement recipient is unable to engage in any substantially gainful activity. This rule is being repealed because its provisions have been included in the new disability rule (Chapter 506).
Chapter 510 – Reduction of Disability Retirement Benefits because of Lump-Sum Settlements of Benefits payable under the Workers’ Compensation or Similar Law or the United States Social Security Act
This rule sets forth the methodology by which disability retirement benefits are reduced when a recipient receives a lump-sum settlement of benefits under the workers’ compensation or similar law or the United States Social Security Act. The amendments align the rule with current provisions in law for the offset of benefits for participating local district disability retirement benefit recipients.
Chapter 511 – Standards for Actively Seeking Work
This rule sets out the standards and definitions to be applied in determining under 5 M.R.S. §§ 17929(2)(B)(1) and 18529(2)(B)(1) whether a disability retirement benefit recipient is actively seeking work. The amendment to the rule establishes a rebuttable presumption that the recipient has not been actively seeking work if no work has been secured within five years, which may be rebutted by a showing that the inability to secure work was out of the recipient’s control. The amendment also establishes how the five year provision applies to individuals in the actively seeking work program on December 31, 2022. The amendment also corrects a numbering format issue in the current rule.
Chapter 702 – Appeals of Decisions of the Executive Director
This rule sets out the process for appeals of decisions of the Chief Executive Officer to the Board of Trustees. It provides for the appointment of a hearing officer to conduct an appeal and to prepare a recommended decision for action by the Board. The amendments update and clarify the appeals process, including: (1) how an appeal can be filed; (2) how employers can participate in an appeal; (3) when an appellant is entitled to receive the appeals packet; (4) when an appellant is entitled to an IME; (5) how appellants must be notified of an abandoned appeal; (6) how testimony may be provided; and (7) how long the CEO has to reconsider decisions. The amendments also make non-substantive changes to the rule.
At its February 9, 2023 meeting, the Board of Trustees adopted the new and amended rules, and voted to repeal those incorporated into the new rule. Final regulatory review has been completed, and the effective date for the changes is March 1, 2023.
The rules may be viewed on this web site via the links 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].
Consensus-Based Rulemaking
Between September and November 2022, MainePERS conducted consensus-based rulemaking on several rules related to the MainePERS disability and appeals program. Formal rulemaking has now been completed on those rules. Materials related to the consensus-based rulemaking can be found here.
