Maine Revised Statutes Title 5 Sec. 18005 – Adjustment of benefits
Current as of: 2023 | Check for updates
|
Other versions
1. Beneficiaries becoming ineligible. When a person sharing benefits under section 18003 ceases to be eligible to receive benefits, the subsequent benefits of the remaining beneficiaries shall be recalculated as if the remaining beneficiaries had been the only beneficiaries to survive the qualifying member.
[PL 1985, c. 801, §§5, 7 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 18005
- Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001
- Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
- Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001
- Dependent: A person dependent for support upon another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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. See Maine Revised Statutes Title 5 Sec. 17001
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001
2. Workers’ compensation or similar law. The amount payable under this article must be reduced by any amount received by the surviving spouse and dependent child or dependent children under former Title 39, the Workers’ Compensation Act or Title 39?A, Part 1, the Maine Workers’ Compensation Act of 1992, or a similar law. For purposes of this article, a death benefit paid to a law enforcement officer, firefighter or emergency medical services person under Title 25, chapter 195?A is not considered a benefit paid under a “similar law” and may not be used to reduce the amount payable under this article.
A. Lump-sum settlements of benefits that would reduce the accidental death benefits under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board. [PL 1991, c. 885, Pt. E, §12 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
B. The prorated lump-sum settlement amounts must reduce the accidental death benefits payable monthly under this article. [PL 1991, c. 885, Pt. E, §12 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
[PL 2001, c. 439, Pt. CCCCC, §2 (AMD).]
3. Cost-of-living adjustments. Benefits under this article are subject to adjustment as provided in section 17806.
[PL 1993, c. 595, §9 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 885, §E12 (AMD). PL 1991, c. 885, §E47 (AFF). PL 1993, c. 595, §9 (AMD). PL 2001, c. 439, §CCCCC2 (AMD).