Rules & Rulemaking
MainePERS is in the process of rulemaking on one rule. A brief description of the upcoming rulemaking is as follows:
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.A. §§ 17929(2)(B)(1) and 18529(2)(B)(1) whether a disability retirement benefit recipient is actively seeking work. The proposed rule repeals and replaces the current rule.
The new proposed rule: (1) Updates job-seeking requirements by eliminating required in-person job seeking contacts and permitting online applications; (2) Specifies that job applications must be submitted to employers who are accepting applications; (3) Elaborates on activities required to be taken with the Maine Department of Labor Career Center; (4) Clarifies that decisions to suspend benefits are subject to the informal hearing, written decision, and appeals rights in 5 M.R.S. § 17105-A; (5) Changes from six to three the number of months that the member can be noncompliant in any twelve-month period before benefits are terminated; (6) Deletes an obsolete provision; and (7) Removes unnecessary language and improves readability.
Public comment related to the proposed amendments to the rule will be received only in writing. Written comments may be submitted via email 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 5:00 p.m. on October 22, 2021.
More information regarding this rulemaking can also be found at the Secretary of State’s website at: https://www.maine.gov/sos/cec/rules/notices/2021/092221.html.
The MainePERS Board of Trustees also recently completed rulemaking on one rule. A brief description of the completed rulemaking is as follows:
Chapter 803 – Participating Local District Consolidated Retirement Plan
This rule governs the Consolidated Retirement Plan for Participating Local Districts (PLDs). Under the prior rule, participating local district employees with optional membership who declined or terminated membership were not permitted to join or rejoin The Plan. The amended rule incorporates the provisions of newly enacted public laws Chapters 90 and 286, which extend additional membership opportunities under specific circumstances. The amended rule also clarifies the effective date of participation agreements entered into by local districts; excludes workers compensation earnings from wages subject to the return to work contribution payment; removes obsolete language; and corrects a cross-reference.
At its September 9, 2021 meeting, the Board of Trustees adopted the amended rule. Final regulatory review has been completed, and the effective date of the amended rule is October 4, 2021.
The amended rules 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].
