Rules & Rulemaking
MainePERS is in the process of rulemaking on several rules. A brief description of current rulemaking is as follows:
Chapter 201 – Employer Reporting and Payments
(Proposed Repeal and Replace)
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 new proposed 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 new 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.
A public hearing on the proposed replacement rule is scheduled for 11:00 a.m. on August 8, 2024, 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 August 19, 2024.
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/2024/071724.html.
Chapter 103 – Qualified Domestic Relations Orders
(As Adopted July 2024)
Chapter 103 – Qualified Domestic Relations Orders (PDF)
This rule implements the provisions in statutes relating to qualified domestic relations orders, which provide the statutory authority for the retirement system to pay benefits to the alternate payee of a member or retiree when the right to such payment is established by a qualified domestic relations order. This Chapter provides the standards for such orders, procedures for their filing, and the procedures to be followed by the retirement system in reviewing and administering the statute. The amendments: (1) streamline the rule by deleting unnecessary language, updating language and reorganizing language for improved clarity; (2) clearly state what happens in each situation when the alternate payee deceases before the member; (3) specify that payments to the alternate payee may begin before the member retires only if the order so specifies; (4) provide that where the alternate payee’s benefits initiate before the member’s retirement, the alternate payee’s benefit will be recalculated if necessary at the time the member retires using the same actuarial factors used at the time the alternate payee initiated benefits; and (5) incorporate into rule the longstanding practice of requiring an additional filing fee when review is not completed within 18 months and the delay is not caused by the retirement system.
Chapter 506 – Eligibility for Disability Retirement Benefits
(As Adopted July 2024)
Chapter 506 – Eligibility for Disability Retirement Benefits (PDF)
This rule sets forth the standards and processes for determining eligibility for disability retirement benefits. The amendment to the rule amends the definition of earnings to align with the definition in the new rule chapter 513. Specifically, for the purpose of this rule, earnings means wages, tips and other compensation from employment that is reported as Medicare wages and tips on federal W-2 forms and income that is reported on federal self-employment tax schedules as subject to self-employment tax.
Chapter 513 – Disability Retirement Compensation Limitations and Benefit Offsets
(As Adopted July 2024)
Chapter 513 – Disability Retirement Compensation Limitations and Benefit Offsets (PDF)
This new rule sets forth guidance on compensation limitations and offsets applicable to disability retirement benefits and the submission of annual statements of compensation by disability retirees. It (1) establishes applicable definitions; and (2) establishes the process for submission of an annual statement of compensation, including the required documentation and filing deadlines.
At its July 11, 2024 meeting, the Board of Trustees adopted the proposed amended rules and the proposed new rule. The rules have been submitted for final regulatory review. Updated information will be available once the rules go into effect.
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].