Rules & Rulemaking
MainePERS is in the process of rulemaking on several rules. A brief description of current rulemaking is as follows:
Chapter 509 – Determination of Inability to Perform the Essential Duties of the Employment Position
This rule specifies the standard and definitions to be applied under 5 M.R.S. §§ 17921 and 18521 in determining whether a disability applicant is unable to perform the essential functions of the employment position with reasonable accommodation. The proposed amendments incorporate the provisions of PL 2021, c. 277 that change the standard that must be met in order for an applicant to be found eligible for disability retirement benefits. The proposed rule also makes non-substantive changes and removes obsolete language.
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 proposed amendments incorporate the provisions of PL 2021, c. 277 that: (1) include a mechanism for the appellant to participate in selection of the hearing officer, and (2) provide a process for a successful appellant to receive attorney’s fees. The proposed changes also incorporate the title change from Executive Director to Chief Executive Officer and remove obsolete language.
Public hearings on the above rules were held on August 11, 2022. 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 22, 2022.
The proposed 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].
Chapter 414 – Required Minimum Distributions
This rule establishes the date when a member must begin to receive a service retirement benefit or withdraw accumulated contributions under a retirement program pursuant to Internal Revenue Code Section 401(a)(9), and any Code requirements on the form of distribution. The proposed amendments to the rule establish the form and timing of the payment of a required minimum distribution to a beneficiary of a deceased vested member who does not otherwise execute a benefit selection form in a timely manner. The proposed amendments also correct redundant numbering in the rule.
At its August 11, 2022 meeting, the Board of Trustees voted to adopt the proposed amended rule. The rule has been submitted for final regulatory review. Updated information will be available once the replacement rule goes into effect.
The amended 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].