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AGENCY UMBRELLA-UNIT NUMBER: 94-411
AGENCY NAME: Maine State Retirement System

CONTACT PERSON(S): Kay R. H. Evans, Executive Director; Gail Drake Wright, Chief Deputy Executive Director, 46 State House Station, Augusta, ME 04333-0046

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

CHAPTER 101: Average Final Compensation
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4); 17001(13)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative
Retirement System and the Maine Judicial Retirement System; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 102: Qualification as a Full-time Student
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Beneficiaries of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 103: Qualified Domestic Relations Orders
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Divorcing members/retirees and their spouses and dependent children
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 104: Limitations on Earnable Compensation for Purposes of Calculating Average Final Compensation of State Employee and Teacher Members
STATUTORY AUTHORITY: 5 M.R.S.A. §17001(4), §17001(13), §17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: State Employee and Teacher Members
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 201: Reporting by Participating Local Districts and Public Schools
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: School administrative units and participating local districts
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 202: Medical Board
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Disability applicants/benefit recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 203: Local Districts that Resume MSRS Participation after Withdrawal
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Participating local districts and employees of participating local districts that have withdrawn from the Maine State Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 301: Interest Calculations
STATUTORY AUTHORITY: 5 M.R.S.A. § 17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 302: Retirement Incentives
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 303: Actuarial Factors Tables
STATUTORY AUTHORITY: 3 M.R.S.A., § 701(2), 4 M.R.S.A. §1201(2), 5 M.R.S.A. §§ 17001(2), 17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 401: Membership and Creditable Service - State Employees and Participating District Employees
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: State employees and participating local district members of the Maine State Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 402: Interest Charges on Back Contributions
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 403: Crediting of Sick Leave under 5 M.R.S.A. §1094, sub-§6
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 404: Membership and Creditable Service - Public School Teachers
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17001(42) and 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary; amend title to explicitly include other public school employees eligible for membership in the teacher plan
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Teacher members of the Maine State Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 405: Rate of Regular Interest
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 406: Payment or Repayment of Contributions, Back Time, Refunds or Purchase of Service Credits
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17701(4), 17704, 17704-A, 17763, 18301(4), 18362
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 407: Contributions on Lump-sum Salary Payments under P&S Laws of 1985, c. 145, 146, 147
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 408: Military Service Credit
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 409: Contributions on Lump-sum Salary Payments under P&S Laws of 1987, Chapter 45
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 410: Retirees Returning to Employment after Retirement with the Same Employer
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4) and PL 2003, Chapter 387
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System employers; members
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 501: Eligibility of MSRS Members to Apply for Disability Retirement Benefits
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 502: Review of Eligibility of Recipients of Disability Benefits
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 503: Retirees Engaged on a Contractual Basis
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4), 17855(1), 17906(3)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System retirees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 504: Reemployment of Recipients of Disability Retirement Benefits Formerly Employed as State Employees or Teachers
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Maine State Retirement System members; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 505: Request for Suspension of Retirement Benefits
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 506: Rehabilitation of Recipients of Disability Retirement Benefits
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Maine State Retirement System disability recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 507: Determination of Inability to Engage in Substantially Gainful Activity
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 508: Disability Retirement under 5 M.R.S.A. §1122 as in Effect Prior to July 1, 1997
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System; disability recipients; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 509: Determination of Impossibility to Perform the Duties of the Employment Position
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17901, 17921, 18501, 18521
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System; disability recipients; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 510: Reduction of Disability Retirement Benefits because of Lump-Sum Settlements of Benefits Payable under the Workers' Compensation or Similar Law or the United States Social Security Act
STATUTORY AUTHORITY: 3 M.R.S.A. § 853; 4 M.R.S.A. § 1353(6); 5 M.R.S.A. §§ 17906(2); 17930(4); 18506(2); 18530(4); 1122(5-A) and 1122(6)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System receiving disability retirement benefits
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 601: State Group Life Insurance
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 18503, 18653
PURPOSE: Amend if necessary; update; repeal if necessary and replace; may require several separate rules
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Participants in the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System Group Life Insurance Program
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 602: Procedures for Contract Awards
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Participants in the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System Group Life Insurance Program
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 701: Rules of Practice Governing Adjudicatory Proceedings Before the MSRS Board of Trustees
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Repeal
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Persons appealing matters other than decisions of the Executive Director
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 702: Appeals of Decisions of the Executive Director
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Persons appealing decisions of the Executive Director
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 802: Participating Local Districts: Membership of Part-time, Seasonal or Temporary Employees
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Participating Local Districts and Participating Local District employees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 803: Participating Local District Consolidated Retirement Plan
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Participating local districts and their employees
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 901: Adjustment to Retirement Benefits for Confidential State Employees
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend if necessary; repeal or replace if necessary
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System members
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Deferred Compensation/Defined Contribution Plans
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: New rule(s) if necessary; to establish requirements and procedures for implementing defined contribution plan,
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Reduction of Accidental Death Benefits because of Lump-sum Settlements of benefits payable under the Workers' Compensation Act or Similar Law
STATUTORY AUTHORITY: 3 M.R.S.A., §856, 4 M.R.S.A. §1356, 5 M.R.S.A. §§ 18005(2) and 18506(2)
PURPOSE: New rule(s); to provide basis for proration of lump-sum Workers' Compensation and similar payments
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System accidental death benefit recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Earnings Limitation under Article 3 and Article 3-A Disability Programs
STATUTORY AUTHORITY: 3 M.R.S.A., §853, 4 M.R.S.A., §1353(5), 5 M.R.S.A. §§ 17103(4), 17906(1), 17930, 18506, 18530; PL 2001, chapter 443
PURPOSE: New rule(s); to establish interpretation/application of statutes; standards; procedures
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members; disability recipients; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Compliance with Payroll and Reporting Requirements
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17105(5)(B)
PURPOSE: New rules; to establish a schedule of penalties and interest to ensure compliance with payroll reporting/payment, recordkeeping responsibilities, and related compliance procedures
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Payroll Reporting
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17601, 17701, 18301 and 18303
PURPOSE: New rules to establish requirements of the System's recordkeeping processes, some of which may change as processes are automated.
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System employers; members
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Implementation of Guidelines for Medical Consultation on Disability Cases
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17106, 17902, 17925, 18502, 18525
PURPOSE: New rule to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members; disability recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Implementation of Guidelines for Continuation of Disability Benefits while Actively Seeking Work
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17929(2)(B)(1)
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Maine State Retirement System, disability retirees under Article 3-A
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Permanency of Incapacity
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17901, 17921
PURPOSE: New rule(s); to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members, disability recipients
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Death Benefits
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103((4), 17951-17953, 18001-18006, 18551-18557, 18601-18606
PURPOSE: New rules; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Designated beneficiaries, surviving spouses, children, parents and estates of members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Refunds of Accumulated Contributions
STATUTORY AUTHORITY: 5 M.R.S.A. §§ 17103(4), 17705, 17706 18306, 18307
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System members, their designated beneficiaries, surviving spouses, children, parents and estates
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Participating Local Districts: Surpluses
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: New rule; to define the terms that identify the existence of a surplus and the relationship between a PLD and its surplus
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: The Maine State Retirement System, the Consolidated Plan for Participating Local Districts, individual Participating Local Districts
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

OTHER NEW RULEMAKING ACTIONS: Automated Processing
STATUTORY AUTHORITY: 5 M.R.S.A. §17103(4)
PURPOSE: Amend current rules and adopt new rules as necessary to convert to increased use of automated processing to enhance timeliness and accuracy of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System functions.
ANTICIPATED SCHEDULE: 2004-2005
AFFECTED PARTIES: Members of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System; employers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

The Maine State Retirement System also intends to do a general update and format revision of its entire set of rules. While this project was planned for completion in FY 04, the work was not accomplished.

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