CHAPTER 675
H.P. 1336 - L.D. 1814
An Act Concerning Disability Retirement Benefits under the Maine State Retirement System
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §17907, sub-§2, ¶B, as amended by PL 1987, c. 256, §17, is further amended to read:
B. After the disability has continued for 5 years, the disability of the beneficiary must render him the beneficiary unable to engage in any substantially gainful activity for which the beneficiary is qualified by training, education or experience. For purposes of this paragraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 17806.
(1) The executive director may require, once each year, a recipient of a disability retirement benefit to undergo medical examinations or tests, conducted in accordance with section 17903, to determine the disability of the beneficiary.
(2) If the beneficiary refuses to submit to the examination or tests under subparagraph (1), his the beneficiary's disability retirement benefit shall be is discontinued until he the beneficiary withdraws the refusal.
(3) If the beneficiary's refusal under subparagraph (2) continues for one year, all his the beneficiary's rights to any further benefits under this article shall cease.
(4) If it is determined, on the basis of the examination or tests under subparagraph (1), that the disability of a beneficiary no longer exists, the payment of his the beneficiary's disability retirement benefit shall cease ceases;
Sec. 2. 5 MRSA §17929, sub-§2, ¶B, as amended by PL 1995, c. 643, §15, is further amended to read:
B. The executive director may require, once each year, that the person undergo examinations or tests, conducted in accordance with section 17926, to determine the person's disability. The executive director may refer the records documenting the results of the examinations or tests and the person's file to the medical board for medical consultation regarding rehabilitation in accordance with section 17106, subsection 3, paragraph E.
(1) After the disability has continued for 2 years, the disability must render the person unable to engage in any substantially gainful activity that is consistent with the person's training, education or experience and average final compensation adjusted by the same percentage adjustment as has been received under section 17806. The disability retirement benefit continues if the person can effectively demonstrate to the executive director that the person is actively seeking work. For the purposes of this subparagraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 17806.
(2) If the person refuses to submit to the examinations or tests under this paragraph, the disability retirement benefit is discon-tinued until that person withdraws the refusal.
(3) If the person's refusal under subparagraph (2) continues for one year, all rights to any further benefits under this article cease.
(4) If it is determined, on the basis of the examinations or tests under this paragraph, that the disability of a person no longer exists, the payment of the disability retirement benefit ceases.
(5) The executive director shall notify the person in writing of the decision to discontinue the disability retirement allowance under subparagraph (2) or (4).
(a) The decision is subject to appeal under section 17451.
(b) If the person appeals the executive director's decision, the disability retirement allowance may not be discontinued until all appeals have been exhausted.
Sec. 3. 5 MRSA §18507, sub-§2, ¶B, as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:
B. After the disability has continued for 5 years, the disability of the beneficiary must render him the beneficiary unable to engage in any substantially gainful activity for which the beneficiary is qualified by training, education or experience. For purposes of this paragraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 18407.
(1) The executive director may require, once each year, a recipient of a disability retirement benefit to undergo medical examinations or tests, conducted in accordance with section 18503, to determine the disability of the beneficiary.
(2) If the beneficiary refuses to submit to the examination or tests under subparagraph (1), his the beneficiary's disability retirement benefit shall be is discontinued until he the beneficiary withdraws the refusal.
(3) If the beneficiary's refusal under subparagraph (2) continues for one year, all his the beneficiary's rights to any further benefits under this article shall cease.
(4) If it is determined, on the basis of the examination or tests under subparagraph (1), that the disability of a beneficiary no longer exists, the payment of his the beneficiary's disability retirement benefit shall cease; and ceases.
Sec. 4. 5 MRSA §18529, sub-§2, ¶B, as amended by PL 1995, c. 643, §27, is further amended to read:
B. The executive director may require, once each year, that the person undergo examinations or tests, conducted in accordance with section 18526, to determine the person's disability. The executive director may refer the records documenting the results of the examinations or tests and the person's file to the medical board for medical consultation regarding rehabilitation in accordance with section 17106, subsection 3, paragraph E.
(1) After the disability has continued for 2 years, the disability must render the person unable to engage in any substantially gainful activity that is consistent with the person's training, education or experience and average final compensation adjusted by the same percentage adjustment as has been received under section 18407. The disability retirement benefit continues if the person can effectively demonstrate to the executive director that the person is actively seeking work. For purposes of this subparagraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80% of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 18407.
(2) If the person refuses to submit to the examinations or tests under this paragraph, the disability retirement benefit is discontinued until that person withdraws the refusal.
(3) If the person's refusal under subparagraph (2) continues for one year, all rights to any further benefits under this article cease.
(4) If it is determined, on the basis of the examinations or tests under this paragraph, that the disability of a person no longer ex-ists, the payment of the disability retirement benefit ceases.
(5) The executive director shall notify the person in writing of the decision to discontinue the disability retirement allowance under subparagraph (2) or (4).
(a) The decision is subject to appeal under section 17451.
(b) If the person appeals the executive director's decision, the disability retirement allowance may not be discontinued until all appeals have been exhausted.
Effective July 30, 2004, unless otherwise indicated.
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