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Home > Agendas > 2008-2009 > Maine Public Employees Retirement System

2008-2009 Regulatory Agendas

94-411
Maine Public Employees Retirement System

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

CONTACT PERSON(S): Gail Drake Wright, Executive Director; John C. Milazzo, Chief Deputy Executive Director and General Counsel, Executive Director, 46 State House Station, Augusta, ME 04333-0046

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 101: Average Final Compensation
STATUTORY AUTHORITY: 5 MRSA §17103(4); 17001(13)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 102: Qualification as a Full-time Student
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Beneficiaries of participants in the programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 103: Qualified Domestic Relations Orders
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Divorcing members/retirees and their spouses and dependent children who are participants in the retirement programs of the Maine Public Employees Retirement System
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 MRSA §17001(4), §17001(13), §17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: State employee and teacher members of the Maine Public Employees Retirement System retirement program for state employees and teachers
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 201: Reporting by Participating Local Districts and Public Schools
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: School administrative units and participating local districts in the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 202: Medical Board
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Disability applicants/benefit recipients in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 203: Local Districts that Resume MSRS Participation after Withdrawal
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participating local districts and employees of participating local districts that have withdrawn from the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 301: Interest Calculations
STATUTORY AUTHORITY: 5 MRSA § 17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 303: Actuarial Factors Tables
STATUTORY AUTHORITY: 3 MRSA, §701(2), 4 MRSA §1201(2), 5 MRSA §§ 17001(2), 17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 401: Membership and Creditable Service - State Employees and Participating District Employees
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: State employees and participating local district participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 402: Interest Charges on Back Contributions
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 403: Crediting of Sick Leave under 5 MRSA §1094, sub-§6
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants of the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 404: Membership and Creditable Service - Public School Teachers
STATUTORY AUTHORITY: 5 MRSA §§ 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: 2008-2009
AFFECTED PARTIES: Teacher members of the Maine Public Employees Retirement System retirement program for state employees and teachers
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 406: Payment or Repayment of Contributions, Back Time, Refunds or Purchase of Service Credits
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 17701(4), 17704, 17704-A, 17763, 18301(4), 18362
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 408: Military Service Credit
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 501: Eligibility of MSRS Members to Apply for Disability Retirement Benefits
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 509: Determination of Impossibility to Perform the Duties of the Employment Position
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 17901, 17921, 18501, 18521
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 601: Group Life Insurance
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 18503, 18653
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the Group Life Insurance Program of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 702: Appeals of Decisions of the Executive Director
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Persons appealing decisions of the Executive Director of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 802: Participating Local Districts: Membership of Part-time, Seasonal or Temporary Employees
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal and replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participating Local Districts and Participating Local District employees who participate in the Participating Local District Retirement Program of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 803: Participating Local District Consolidated Retirement Plan
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participating Local Districts and Participating Local District employees who participate in the Participating Local District Retirement Program of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

CHAPTER 901: Adjustment to Retirement Benefits for Confidential State Employees
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: Amend if necessary; repeal or replace if necessary
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Deferred Compensation/Defined Contribution Plans
STATUTORY AUTHORITY: 5 MRSA §17103(4)
PURPOSE: New rule(s) if necessary; to establish requirements and procedures for implementing defined contribution plans
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
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 MRSA, §856, 4 MRSA §1356, 5 MRSA §§ 18005(2) and 18506(2)
PURPOSE: New rule(s); to provide basis for proration of lump-sum Workers’ Compensation and similar payments
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Earnings Limitation under Article 3 and Article 3-A Disability Programs
STATUTORY AUTHORITY: 3 MRSA, §853, 4 MRSA, §1353(5), 5 MRSA §§ 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: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Compliance with Payroll and Reporting Requirements
STATUTORY AUTHORITY: 5 MRSA §§ 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: 2008-2009
AFFECTED PARTIES: Participants and employers in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Payroll Reporting
STATUTORY AUTHORITY: 5 MRSA §§ 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: 2008-2009
AFFECTED PARTIES: Participants and employers of participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Implementation of Guidelines for Medical Consultation on Disability Cases
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 17106, 17902, 17925, 18502, 18525
PURPOSE: New rule to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Death Benefits
STATUTORY AUTHORITY: 5 MRSA §§ 17103((4), 17951-17953, 18001-18006, 18551-18557, 18601-18606
PURPOSE: New rules; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Designated beneficiaries, surviving spouses, children, parents and estates of participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Refunds of Accumulated Contributions
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 17705-A, 17706-A, 18306-A, 18307-A
PURPOSE: New rule; to establish procedural and other requirements
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants and designated beneficiaries, surviving spouses, children, parents and estates of participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

NEW RULE: Participating Local Districts: Surpluses
STATUTORY AUTHORITY: 5 MRSA §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: 2008-2009
AFFECTED PARTIES: Participating Local Districts in the Participating Local District Retirement Program of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated

OTHER NEW RULEMAKING ACTIONS: Automated Processing
STATUTORY AUTHORITY: 5 MRSA §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 functions performed in the programs of the Maine Public Employees Retirement System.
ANTICIPATED SCHEDULE: 2008-2009
AFFECTED PARTIES: Participants in the retirement programs of the Maine Public Employees Retirement System
CONSENSUS-BASED RULE DEVELOPMENT: Not Contemplated



The Maine Public Employees Retirement System has pending with the Secretary of State a general format revision of its entire set of rules. We will also be updating our rules to reflect our name change to the Maine Public Employees Retirement System as well as a new referencing structure for the System and the programs and plans that it administers as enacted by PL 2007, c. 491. It is our plan to also systematically review and update almost all of our rules. This work is underway but we are not yet able to project the full scope of the project and hence it’s anticipated duration.