94- 411 C.M.R. ch. 204, § 1

Current through 2024-51, December 18, 2024

Section 411-204-1 - CRITERIA

In order to safeguard and maximize the assets available for the payment of retirement and related benefits, waivers will be granted under 5 M.R.S. §17103(6) only in extraordinary circumstances meeting each of the following criteria:

1. The member or retiree seeking the waiver did not cause or substantially contribute to the employer's error or omission;

2. The member or retiree seeking the waiver could not have prevented the employer's error or omission through reasonable actions;

3. The member or retiree seeking the waiver took reasonable steps to timely discover and mitigate the error;

4. The member or retiree seeking the waiver cooperated with any action that Maine PERS has taken to recover the payment from the employer;

5. Granting a waiver would not have a significant adverse effect on Maine PERS or any of the programs administered by Maine PERS; and

6. Failing to grant a waiver would cause a serious, not reasonably avoidable financial hardship to the member or retiree seeking the waiver. In making this determination, the following factors must be considered:

A. The total amount of the payment required;

B. The amount of each installment payment if the payment may be made over time;

C. The member or retiree's personal and family income, earning potential, and assets;

D. The amount required for the member or retiree to pay for living necessities; and

E. Whether the member or retiree received or will receive a benefit associated with the payment obligation.

94- 411 C.M.R. ch. 204, § 1