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 104 – Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
This amended 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. Under the amended rule, all earnable compensation increases to a member in a collectively-bargained position or that results from receiving a promotion is excluded from the cap.
Final regulatory review is complete and the amended rule is effective June 9, 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 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 summer-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 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.
A public hearing was held on the proposed replacement rule June 12, 2025 in the Fisher Conference Room, Second Floor, at One City Center, Portland, Maine.
The proposed replacement 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 June 23, 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/05.21.2025%20-%20Online.docx
Chapter 901 – Adjustment to Retirement Benefits for Confidential State Employees
Chapter 901 – Adjustment to Retirement Benefits for Confidential State Employees
This proposed rulemaking repeals 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.
A public hearing was held on the proposed replacement rule June 12, 2025 in the Fisher Conference Room, Second Floor, at One City Center, Portland, Maine.
The current rule may be viewed 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 June 23, 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/05.21.2025%20-%20Online.docx
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 will be held on the proposed amended rule July 10, 2025 at Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine.
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 July 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/06.18.2025%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 will be held on the proposed amended rule July 10, 2025 at Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine.
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 July 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/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. The proposal is to amend the rule. The proposed amended rule eliminates the offset of MainePERS disability retirement benefits for members who receive Social Security benefits for the same condition.
A public hearing will be held on the proposed amended rule July 10, 2025 at Maine Public Employees Retirement System, 139 Capitol Street, Augusta, Maine.
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 July 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/06.18.2025%20-%20Online.docx