§ 4 §1353 — Disability retirement

1.
Conditions.
Any member who becomes disabled while in service may receive a disability retirement allowance by order of at least 5 Justices of the Supreme Judicial Court or upon written application to the executive director and approval of that application by at least 5 of the Justices of the Supreme Judicial Court if that member is mentally or physically incapacitated to the extent that it is impossible for that member to perform the duties as a judge and the incapacity is expected to be permanent, as shown by medical examination or tests. A health care provider mutually agreed upon by the executive director and member shall conduct the examinations or tests at an agreed upon place, and the costs must be paid by the Maine Public Employees Retirement System.
1-A.
Eligibility for disability.
2.
Amount.
When a member qualified under subsection 1 and, if applicable, subsection 1‑A, paragraph A, retires, the amount of a disability retirement allowance is 59% of the member's average final compensation. The 59% level must be reviewed for cost-neutral comparability as a part of the actuarial investigation provided under Title 5, section 17107, subsection 2, paragraph E, beginning with the investigation made January 1, 1997 and every 6 years after that time. The review that takes place every 6 years must compare actual experience under the disability plans with actuarial assumptions regarding election and costs of benefits under the new options elected and identify possible options for compliance with the federal Older Workers Benefit Protection Act that protect benefits for employees without additional cost to the State and participating local districts.
3.
Commencement.
Disability retirement allowance payments shall commence on the first day of the month following the date of termination of active service of the member. Termination of active service shall create a vacancy on the court.
4.
Continuance.
Payment of a disability retirement allowance must continue subject to subsection 7 and the following conditions.
5.
Earnings.
The chief executive officer may require each disability beneficiary to submit an annual statement of earnings received from any gainful occupation during that year. For any year during which the total of those earnings and the disability allowance exceeds the current salary of the position that the disabled beneficiary last held, the excess must be deducted from any disability retirement allowance payments made to the beneficiary in accordance with Title 5, section 17054, subsection 3. The beneficiary is responsible for reimbursing the Maine Public Employees Retirement System for any excess earnings not so deducted.
6.
Reduction.
The disability retirement allowance must be reduced if a disability beneficiary is receiving or has received payments for the same disability under the workers' compensation law, or similar law, except for amounts that may be paid or payable under former Title 39, section 56 or 56-A or Title 39‑A, section 212, subsection 2 or 3.
7.
Change to service retirement.

Legislative History

PL 1983, c. 853, §§C15,18 (NEW). PL 1983, c. 863, §§B26,B45 (AMD). PL 1989, c. 133, §29 (AMD). PL 1991, c. 633 (AMD). PL 1991, c. 885, §E5 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1991, c. 887, §§1-3 (AMD). PL 1993, c. 595, §1 (AMD). PL 1995, c. 643, §3 (AMD). PL 1997, c. 384, §§1-3 (AMD). PL 2007, c. 58, §3 (REV). PL 2007, c. 491, §§49-51 (AMD). PL 2017, c. 88, §§6, 7 (AMD). PL 2021, c. 277, §§8, 9 (AMD). PL 2021, c. 277, §45 (AFF). RR 2021, c. 1, Pt. B, §45 (COR). PL 2025, c. 221, §§6, 7 (AMD).