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provider, based upon results of the review or at the request of the | | person or the provider.__Subsections 1, 2 and 3 apply to any | | amended plans under this subsection.__A person is entitled to a | | single rehabilitation plan during the course of the person's | | incapacity except when the person demonstrates that a termination | | of the plan was reasonable and for good cause.__Any entitlement to | | amend a rehabilitation plan or establish a new plan ends with a | | determination by the executive director that the person is no | | longer disabled. |
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| | | 5.__Return to service.__If the rehabilitation plan includes | | return to employment with the person's former employer, that | | person must be reemployed in accordance with the plan.__The | | executive director shall notify the former employer, in writing, | | that the person has completed the rehabilitation plan and is | | ready to return to employment.__The former employer shall | | reemploy the person in the first available position for which | | that person is qualified, taking into consideration that person's | | prior compensation and benefits, training, education and | | experience, including training and education received under that | | person's rehabilitation plan. |
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| | | 6.__Employment exception.__A person is not required to accept | | employment that reasonably necessitates relocation or for which | | the person is not qualified, taking into consideration that | | person's prior compensation and benefits, training, education and | | experience, including training and education received under that | | person's rehabilitation plan. The disability retirement benefit | | may not be discontinued except as provided by section 17929 or | | until the person is reemployed consistent with this section. |
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| | | Sec. 5. 5 MRSA §17927, as amended by PL 1995, c. 643, §§12 and 13, | | is further amended to read: |
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| | | Rehabilitation | the person, rehabilitation services must | | person who is the recipient of a disability retirement benefit | under this article whenever | | to return to substantially gainful activity.__As a condition of | | entering into an agreement to provide rehabilitation services, | the executive director determines | | rehabilitation is feasible, that rehabilitation is consistent | with the purposes of this article and | | suitable for rehabilitation services and that rehabilitation | | services are likely to lead to substantially gainful activity. | When necessary | | include consultation with the medical board to determine any | | medical indications that the recipient should not engage in a |
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