94-411-803 Me. Code R. § 10

Current through 2024-51, December 18, 2024
Section 411-803-10 - DISABILITY BENEFITS
1.Members of The Plan. Disability retirement benefits for members under The Plan are subject to 5 M.R.S., Chapter 425, subchapter V, Benefits, Article 3-A, Disability Retirement Benefits After September 30, 1989, except section 18534.
2.Election Regarding Age-limit or No-age-limit Disability. The election made by each member under PL 1991, c. 887 whether to be covered under age-limit or no-age-limit disability remains in effect after a member's participation in The Plan begins. Depending upon a member's election, the member is covered under the age-limit or no-age-limit version of the disability plan specified in this Section.
3.Current Recipients of Disability Benefits. After having begun to participate in The Plan, a participating local district which before participating in The Plan did not have as part of its plan 5 M.R.S., Chapter 425, subchapter V, Benefits, Article 3-A, Disability Retirement Benefits After September 30, 1989, may elect to adopt 5 M.R.S. §18534, thereby allowing its former employees who are recipients of disability retirement benefits under prior law the option of being governed by disability retirement provisions applicable to members under The Plan. Any former employee of a district which adopts §18534 who is a recipient of a disability retirement benefit under 5 M.R.S., Article 3, as in effect immediately before October 1, 1989, or under section 1122 of the former retirement system law, as in effect immediately before July 1, 1977, may elect to be governed by 5 M.R.S., Chapter 425, subchapter V, Benefits, Article 3-A, by making written application to the executive director within 6 months after adoption of this provision by the participating local district. If the disability retirement benefit recipient makes the election, Article 3-A shall apply from the date of the recipient's original eligibility for disability retirement, but any increase in benefits may only be granted from the date of election by the recipient. The district's adoption and the recipient's election are irrevocable. The additional liability resulting from the adoption of this provision will be included in the district's Additional Unpooled Unfunded Actuarial Liability.

94-411 C.M.R. ch. 803, § 10