§ 5 §17001-2 — Definitions

Maine § 5 §17001-2

• Jurisdiction: Maine
• Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
• Part 20: STATE RETIREMENT SYSTEM
• Ch. 421: GENERAL PROVISIONS

Text

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.
1.
(TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Accumulated contributions.
"Accumulated contributions" means the sum of all the amounts contributed by the member or picked up by the employer from the compensation of a member and credited to the member's individual account in the Members' Contribution Fund, plus regular interest on the member's account, as provided in subchapter IV, article 2, except that, for a member with less than 10 years of creditable service, if the amounts contributed by the member or picked up by the employer do not equal 7.5% of the member's compensation for service as a part-time, seasonal or temporary employee for service rendered after December 31, 1991, "accumulated contributions" includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7.5% of the member's compensation for service as a part-time, seasonal or temporary employee.
1.
(TEXT EFFECTIVE ON CONTINGENCY: See PL 1991, c. 619, §18) Accumulated contributions.
"Accumulated contributions" means the sum of all the amounts contributed by the member or picked up by the employer from the compensation of a member and credited to the member's individual account in the Members' Contribution Fund, plus regular interest on the member's account, as provided in subchapter IV, article 2.
2.
Actuarial equivalent.
"Actuarial equivalent" means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. "Actuarial equivalent," when used to indicate the amount that must be paid in order to purchase service credit, means the amount that equals the cost of additional benefits that become payable as a result of the service credit, including, when applicable, the projected cost of a member's earlier eligibility for retirement.
3.
Actuary.
"Actuary" means the individual or the organization designated by the board to be the technical advisor to the board under section 17107.
3-A.
Annual base compensation.
"Annual base compensation" means a member's gross compensation, based upon amounts reported by the member's employer on the member's previous year's federal wage and tax statement, that is used the first day of each April for setting the amount of coverage prior to retirement for participants in the group life insurance program administered by the board.
3-B.
Alternate payee.
"Alternate payee" means a spouse, former spouse, child or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by the retirement system with respect to that member or retiree.
4.
Average final compensation.
"Average final compensation" means:
5.
Beneficiary.
"Beneficiary" means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part.
6.
Benefit.
"Benefit" means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V.
7.
Board.
"Board" means the board of trustees, established under section 12004‑F, subsection 9, to administer the Maine Public Employees Retirement System.
8.
Child.
"Child" means any natural or legally adopted, born or unborn, progeny of a member.
9.
Consumer Price Index.
"Consumer Price Index" means:
10.
Creditable service.
"Creditable service" means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2.
11.
Department.
"Department" means any department, commission, institution or agency of State Government including the Maine Community College System.
12.
Dependent child.
"Dependent child" means:
12-A.
Domestic relations order.
"Domestic relations order" means a judgment, decree or order, including approval of a property settlement agreement, that:
12-B.
Duly acknowledged.
"Duly acknowledged" means acknowledged pursuant to Title 4, chapter 39 or through an electronic identification process designated in a rule established by the board.
13.
Earnable compensation.
"Earnable compensation" means salaries and wages paid for services rendered in an employment position, subject to the following inclusions, exclusions and limitations.
14.
Employee.
"Employee" means:
15.
Executive body.
"Executive body" means the official or body of officials who, in their official capacity, have the general powers and duties of administering, supervising and managing the affairs of an organization or governmental unit.
16.
Chief executive officer.
"Chief executive officer" means the Chief Executive Officer of the Maine Public Employees Retirement System.
17.
Father.
18.
Full-time student.
"Full-time student" means a person who meets the requirements for a full-time student set out in rules adopted by the board.
18-A.
Internal Revenue Code.
"Internal Revenue Code" or "Code" means the United States Internal Revenue Code of 1986, as amended.
18-B.
Health care provider.
"Health care provider" means an appropriately licensed, certified or registered provider of mental or physical health care, in either the public or private sector.
19.
Local district.
"Local district" means:
19-A.
Medical provider.
19-B.
Medical review service provider.
"Medical review service provider" means an entity with whom the chief executive officer has contracted for the review of medical records and the provision of recommendations, opinions and certifications under this Part by health care providers employed by the entity.
20.
Member.
"Member" means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2.
21.
Membership service.
"Membership service" means service rendered while a member of a retirement program of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter 4 or chapter 425, subchapter 4.
22.
Mother.
23.
Normal retirement age.
"Normal retirement age" means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3‑A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3.
24.
Organization.
"Organization" means a corporation, partnership or unincorporated association.
25.
Out-of-state service.
"Out-of-state service" means service rendered as an employee of:
26.
Parent.
"Parent" means a natural or adoptive parent or stepparent.
26-A.
(TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Part-time, seasonal or temporary employee.
"Part-time, seasonal or temporary employee" means an employee whose employment position is part-time, seasonal or temporary as defined in 26 CFR Part 31.
26-A.
(TEXT REPEALED ON CONTINGENCY: See PL 1991, c. 619, §18) Part-time, seasonal or temporary employee.
27.
Participating local district.
"Participating local district" means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201.
28.
Participating local district employee.
"Participating local district employee" means an employee of a participating local district.
28-A.
Pick-up contributions.
"Pick-up contributions" means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions.
29.
Prior service.
"Prior service" means service rendered before the date of establishment of the retirement system as set forth in section 17101.
29-A.
Professional employee.
"Professional employee" means any employee engaged in work:
30.
Public school.
"Public school" is defined as follows.
30-A.
Qualified domestic relations order.
"Qualified domestic relations order" means a domestic relations order that:
31.
Regular interest.
"Regular interest" means interest at the rate set from time to time by the board in accordance with section 17156.
32.
Restoration to service.
"Restoration to service" is defined as follows.
33.
Retirement.
"Retirement" means termination of membership with a retirement allowance granted under this chapter.
34.
Retirement allowance.
"Retirement allowance" means the retirement payments to which a member is or may be entitled as provided in this Part.
35.
Retirement benefit.
"Retirement benefit" means the same as retirement allowance.
36.
Retirement system.
"Retirement system" means the Maine Public Employees Retirement System.
37.
Service.
"Service" means service as an employee for which compensation was paid.
38.
Service credit.
"Service credit" means credit received for creditable service as defined under subsection 10.
39.
Spouse.
"Spouse" means the person currently legally married to a member.
40.
State employee.
"State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20‑A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20‑A, section 7407, subsection 3‑A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
40-A.
Survive or surviving.
"Survive" or "surviving" means to live, by clear and convincing evidence, for at least 120 hours after the death of the qualifying member or family member, as applicable.
41.
Surviving spouse.
"Surviving spouse" means the spouse who survives the death of the member or former member.
42.
Teacher.
"Teacher" means:
43.
(TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) 26 CFR Part 31.
"26 CFR Part 31" means 26 Code of Federal Regulations, Part 31, as amended effective July 1, 1991, or as hereafter amended.
43.
(TEXT REPEALED ON CONTINGENCY: See PL 1991, c. 619, §18) 26 CFR Part 31.

Legislative History

PL 1985, c. 801, §§5,7 (NEW). PL 1985, c. 808, §§1,2 (AMD). PL 1987, c. 256, §§1-3 (AMD). PL 1987, c. 402, §A63 (RP). PL 1987, c. 402, §§A64,A65 (AMD). PL 1987, c. 443, §1 (RP). PL 1987, c. 739, §§1-3,48 (AMD). PL 1989, c. 443, §§16,17 (AMD). PL 1989, c. 491, §1 (AMD). PL 1989, c. 503, §B32 (AMD). PL 1989, c. 550, §§1,2 (AMD). PL 1989, c. 698, §3 (AMD). PL 1989, c. 700, §A24 (AMD). PL 1989, c. 710, §1 (AMD). PL 1989, c. 800 (AMD). PL 1989, c. 878, §D4 (AMD). PL 1991, c. 121, §A1 (AMD). PL 1991, c. 360, §§1,2 (AMD). PL 1991, c. 432 (AMD). PL 1991, c. 480, §1 (AMD). PL 1991, c. 528, §§EEE3,4 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §§EEE3,4 (AMD). PL 1991, c. 616 (AMD). PL 1991, c. 618, §2 (AMD). PL 1991, c. 618, §7 (AFF). PL 1991, c. 619, §§1-4 (AMD). PL 1991, c. 619, §18 (AFF). PL 1991, c. 622, §DD1 (AMD). PL 1991, c. 746, §§3-5 (AMD). PL 1991, c. 746, §10 (AFF). PL 1991, c. 780, §FF1 (AMD). PL 1991, c. 824, §A6 (AMD). P&SL 1993, c. 67, §1 (AMD). PL 1993, c. 250, §1 (AMD). PL 1993, c. 386, §1 (AMD). PL 1993, c. 387, §A3 (AMD). PL 1993, c. 410, §§L12,13,RR1 (AMD). PL 1993, c. 482, §§1,2 (AMD). PL 1993, c. 580, §1 (AMD). PL 1993, c. 580, §3 (AFF). PL 1993, c. 595, §3 (AMD). PL 1993, c. 595, §16 (AFF). PL 1995, c. 274, §§1,2 (AMD). PL 1995, c. 462, §A13 (AMD). PL 1995, c. 471, §1 (AMD). PL 1997, c. 355, §1 (AMD). PL 1997, c. 763, §2 (AMD). PL 1997, c. 763, §7 (AFF). PL 1999, c. 152, §E3 (AMD). PL 1999, c. 489, §§1,2 (AMD). PL 1999, c. 731, §CC1 (AMD). PL 2001, c. 118, §1 (AMD). PL 2001, c. 181, §3 (AMD). PL 2001, c. 239, §2 (AMD). PL 2001, c. 239, §5 (AFF). PL 2001, c. 374, §4 (AMD). PL 2001, c. 699, §1 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 486, §3 (AMD). PL 2003, c. 688, §A4 (AMD). PL 2003, c. 693, §1 (AMD). PL 2005, c. 279, §3 (AMD). PL 2007, c. 58, §3 (REV). PL 2007, c. 134, §3 (AMD). PL 2007, c. 491, §§61-67 (AMD). PL 2009, c. 213, Pt. SSS, §1 (AMD). PL 2009, c. 274, §1 (AMD). PL 2009, c. 372, Pt. C, §1 (AMD). PL 2009, c. 474, §11 (AMD). PL 2009, c. 571, Pt. RRR, §1 (AMD). PL 2009, c. 630, §1 (AMD). PL 2011, c. 657, Pt. I, §§1-3 (AMD). PL 2015, c. 385, §2 (AMD). PL 2017, c. 88, §8 (AMD). PL 2017, c. 392, §§1, 2 (AMD). PL 2019, c. 395, §1 (AMD). PL 2019, c. 460, §1 (AMD). PL 2021, c. 6, §1 (AMD). PL 2021, c. 225, §1 (AMD). PL 2021, c. 277, §§11-14 (AMD). PL 2021, c. 277, §45 (AFF). PL 2021, c. 548, §§6, 7 (AMD). PL 2021, c. 548, §45 (REV). RR 2023, c. 2, Pt. B, §92 (COR). PL 2025, c. 221, §§9-15 (AMD). PL 2025, c. 390, Pt. A, §§12-14 (AMD).