Rules & Rulemaking
The MainePERS Board of Trustees recently completed rulemaking on two rules. A brief description of recent rulemaking is as follows:
Chapter 104 – Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
This rule implements 5 M.R.S.A. §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 prior rule, increases in earnable compensation included in benefit calculations for most state employees and teachers was capped at 5% over the prior year and 10% over of the highest three years used in the average final compensation calculation. The amendment implements the provisions of PL 2019, c. 395, which excludes collectively bargained salary and wage increases and job promotions from the 5%/10% cap. Under the amendment, those increases received in a member’s primary position are excluded from the cap, and increases from a member’s non-primary position are subject to review upon request. The amendment also removes obsolete language.
At its May 13, 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 May 30, 2021.
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. The amended rule makes three changes: (1) updates the required minimum distribution (RMD) age to correspond to changes in federal law; (2) permits MainePERS to mandate a lump sum RMD on a terminated member as early as the beginning of the year when they will reach RMD age; and (3) provides clarification on the minimum distribution incidental benefit (MDIB) rule.
At its April 8, 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 April 19, 2021.
The amended rules may be viewed on this web site via the link above, or a copy may be obtained by contacting the Executive Director’s office at 1-800-451-9800 or by email at [email protected].