94-411-506 Me. Code R. § 1

Current through 2024-51, December 18, 2024

Section 411-506-1 - DEFINITIONS

1.Consistent with the person's training, education, or experience. "Consistent with the person's training, education, or experience" has the same meaning as "qualified by training, education or experience." A member may be qualified by training, education, or experience to engage in an activity even if the member has not previously engaged in it or has not engaged in it for pay. The fact that the member may need additional training for a specific position does not mean that the position is inconsistent with the member's training, education, or experience.

2.Continuous creditable service. "Continuous creditable service" means a period of membership service that occurs without any break in excess of 30 days. A period of leave under the federal Family Medical Leave Act where the member returned to the employment position at the end of the leave period does not constitute a break in membership service.

3.Date of incapacity. "Date of incapacity" means the date when a member stopped performing the essential functions of the member's employment position due to functional limitations caused by a mental or physical condition.

4.Earnings. "Earnings" means wages, tips, and other compensation from employment that is reported as Medicare wages and tips on federal W-2 tax forms and income that is reported on federal self-employment tax schedules as subject to self-employment tax.

5.Employment position. "Employment position" means the position in which the member is employed at the time the member becomes incapacitated or a position that is made available to the member by the member's employer that is of comparable stature and equal or greater compensation and benefits and located within a reasonable commuting distance from the member's residence.

6.Existed before membership. A condition "existed before membership" if, as of the member's initial membership date, the condition:

A. Had been diagnosed by a health care provider;

B. Reasonably should have been diagnosed by a health care provider based on the member's medical records and symptoms and the results of any additional tests the provider reasonably should have requested;

C. Had exhibited some, but not all signs and symptoms necessary for a diagnosis, but later manifested all such signs and symptoms and was diagnosed; or

D. Was directly caused by another condition that was diagnosed or reasonably should have been diagnosed before membership.

7.Incapacity. "Incapacity" means unable to perform the essential functions of the member's employment position with reasonable accommodation due to functional limitations caused by a mental or physical condition.

8.In service. A member is "in service" if the member has not terminated employment and is receiving compensation for rendering services, including through the use of the member's own accrued leave time.

9.Mental or physical condition. A "mental or physical condition" is a condition affecting the member mentally or physically that is medically diagnosable.

10.Permanent. "Permanent" means:

A. the incapacity is likely to continue for the foreseeable future;

B. the member has reasonably pursued appropriate treatment options; and

C. those treatment options have not resolved the incapacity.

11.Reasonable accommodation. "Reasonable accommodation" has the same meaning as that phrase does under the federal Americans with Disabilities Act, 42 U.S.C. § 12111(9).

12.Reasonable commuting distance. "Reasonable commuting distance" means a distance of less than 60 miles that would be reasonable for the member to commute based on the facts and circumstances, including the cost of commuting, the compensation of the employment position, the member's commuting history, and typical commuting distances where the member resides.

13.Substantially gainful activity. "Substantially gainful activity" means any combination of activities, tasks, or efforts, with any reasonable accommodations, for which the member is qualified by training, education, or experience that would generate annual income in an amount in excess of the substantially gainful activity amount in the labor market for the member's state of residence.

14.Substantially gainful activity amount. "Substantially gainful activity amount" means $20,000 or 80% of the member's average final compensation, whichever is greater, adjusted by any cost of living adjustments required by statute or rule.

94-411 C.M.R. ch. 506, § 1