Rules & Rulemaking

MainePERS is conducting rulemaking on eight rules. A brief description of current rulemaking is as follows:

Chapter 410 – Retiree Return to Work

This Chapter places restrictions on retirees reemployment while receiving a MainePERS retirement benefit. This rule narrows those restrictions to only those otherwise required by law, including only applying restrictions to retirees returning to work with the same employer, incorporates information on early distribution taxes and clarifies the language of the rule.

Final regulatory review of this restated rule is complete and the rule is effective August 3, 2026. The 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 1-800-451-9800 or by email at [email protected].

Chapter 602 – Procedures for Contract Awards

This Chapter outlines the procedure that may be used in selecting a contractor to provide deliverables to MainePERS. The proposed amended rule provides clarifications about the applicability of the rule, conforms to updated practices and updates language for clarity and accuracy.

Final regulatory review of this amended rule is complete and the rule is effective August 3, 2026. The 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 1-800-451-9800 or by email at [email protected].

Chapter 703 – Advisory Rulings

This Chapter establishes the procedures for the submission, consideration and disposition for requests for advisory rulings as required by 5 M.R.S. § 9001.

Final regulatory review of this new rule is complete and the rule is effective August 3, 2026. The 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 1-800-451-9800 or by email at [email protected].

Chapter 506 – Eligibility for Disability Retirement Benefits

This Chapter sets forth the standards and processes for determining eligibility for disability retirement benefits. The adopted amended rule chapter implements changes enacted in PL 2025, c. 598 and clarifies that a member reinstated to service under certain conditions is considered to have been in service throughout the period of reinstatement.

Final regulatory review on this amended rule is in progress.

The amended rule may be viewed on this website at the link above or may be obtained by contacting the Chief Executive Officer’s Office at 1-800-451-9800 or by email at [email protected].

More information on 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/06.17.2026%20Rulemaking%20Notices%20%28Online%29.docx

Chapter 513 – Disability Retirement Compensation Limits and Benefit Offsets

This Chapter provides guidance on compensation limits and offsets applicable to disability retirement benefits. The proposed amended rule chapter updates references in conformity with PL 2025, c. 598 and eliminates the requirement that excess benefit payments addressed by this chapter be reimbursed to the System.

Final regulatory review on this amended rule is in progress.

The amended rule may be viewed on this website at the link above or may be obtained by contacting the Chief Executive Officer’s Office at 1-800-451-9800 or by email at [email protected].

Chapter 204 – Waiver of Payment Required Where Caused by Error or Omission

This Chapter establishes standards for determining whether to grant a waiver under 5 M.R.S. §§17054(3), 17103(6) to a member or retiree who, without the waiver, would be required to make payments to the Maine Public Employees Retirement System because of an employer error or omission. The proposed amendments seek to expand the application to include all benefit recipients and errors beyond just those made by employers.

A public hearing on the proposed amended rule is scheduled for Thursday, September 10, 2026 at 11:45 AM at 139 Capitol Street in Augusta, Maine. The public hearing may also be accessed by webinar. Written comments may be submitted before 4:00 PM, Monday, September 21, 2026, to [email protected].

The proposed amended rule may be viewed on this website at the link above or may be obtained by contacting the Chief Executive Officer’s Office at 1-800-451-9800 or by email at [email protected].

More information on 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/08.19.2026%20Rulemaking%20Notices%20%28Online%29.docx

Chapter 802 – Participating Local Districts: Member for Part-time, Seasonal or Temporary Employees

This Chapter establishes the extent to which a participating local district may include or exclude its part-time, seasonal or temporary employees from membership in the Maine Public Employees Retirement System. It specifies the manner in which a participating local district must notify the System of its decision with respect to these employees. It provides that under certain circumstances, employees have an option to withdraw from or join the System. It requires that participating local districts continue to contribute to the System in accordance with their existing plans on behalf of part-time, seasonal or temporary employees until the System is notified of the change and it establishes deadlines for action and the Consequences of failure to act. This rule chapter is proposed for repeal as it is no longer necessary with the amendment of Rule Chapter 803 to include the definition of part-time, seasonal and temporary employees under federal law. The remainder of Rule 802 is obsolete.

A public hearing on the proposed repeal of this rule is scheduled for Thursday, September 10, 11:45 AM at 139 Capitol Street, in Augusta Maine. The public hearing may also be accessed by webinar. Written comments may be submitted before 4:00 PM, Monday, September 21, 2026, to [email protected].

The proposed amended rule may be viewed on this website at the link above or may be obtained by contacting the Chief Executive Officer’s Office at 1-800-451-9800 or by email at [email protected].

Chapter 803 – Participating Local District Consolidated Retirement Plan

This Chapter establishes a consolidated retirement plan, as required by 5 M.R.S. §18801 et seq. for local districts that are participating local districts under 5 M.R.S., Chapter 425 before the date the plan is put into operation and for local districts that enter into agreements for the participation of their employees in the Maine Public Employees Retirement System after The Plan is put into operation. The proposed amended rule Chapter includes language to conform with the definition of part-time, seasonal and temporary employees under federal law and expands the ability of eligible members to purchase Special Plan service credit.

A public hearing on the proposed amendment of this rule is scheduled for Thursday, September 10, 11:45 AM at 139 Capitol Street, in Augusta Maine. The public hearing may also be accessed by webinar. Written comments may be submitted before 4:00 PM, Monday, September 21, 2026, to [email protected].

The proposed amended rule may be viewed on this website at the link above or may be obtained by contacting the Chief Executive Officer’s Office at 1-800-451-9800 or by email at [email protected].