Maine Revised Statutes > Title 5 > Part 20 > Chapter 423 > Subchapter 4 – Creditable Service
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Terms Used In Maine Revised Statutes > Title 5 > Part 20 > Chapter 423 > Subchapter 4 - Creditable Service
- AADT: means the average annual daily traffic as determined by the department using accepted engineering practices. See Maine Revised Statutes Title 23 Sec. 562
- accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
- Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
- Adjusted risk-based capital report: means a risk-based capital report that has been adjusted by the superintendent in accordance with section 6452, subsection 3. See Maine Revised Statutes Title 24-A Sec. 6451
- administrator: means an administrator licensed pursuant to chapter 18. See Maine Revised Statutes Title 24-A Sec. 6601
- Administrator: means the person who is responsible for the administration of a service contract program or who is responsible for any submission required by this chapter. See Maine Revised Statutes Title 24-A Sec. 7102
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Advertising: means any written, electronic or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet or a similar communications medium, including film strips, motion pictures and videos, published, disseminated, circulated or placed before the public, directly or indirectly, for the purpose of creating an interest in or inducing a person to sell a life insurance policy pursuant to a settlement contract. See Maine Revised Statutes Title 24-A Sec. 6802-A
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliated company: means any company in the same corporate system as a parent or a member organization by virtue of common ownership, control, operation or management. See Maine Revised Statutes Title 24-A Sec. 6701
- Aggregator site: means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. See Maine Revised Statutes Title 24-A Sec. 7052-A
- Agricultural products: include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products. See Maine Revised Statutes Title 13 Sec. 1774
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- arrangement: means an employer welfare benefit plan or any other arrangement that is established or maintained for the purpose of offering or providing health benefits to the employees of 2 or more employers or to their beneficiaries. See Maine Revised Statutes Title 24-A Sec. 6601
- Arrest: Taking physical custody of a person by lawful authority.
- Articles: means the articles of incorporation. See Maine Revised Statutes Title 13 Sec. 1774
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Association: means a corporation organized under this subchapter, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this State, organized under any general or special Act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this subchapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this subchapter for associations organized hereunder. See Maine Revised Statutes Title 13 Sec. 1774
- Association: means any legal association of individuals, corporations, limited liability companies, partnerships or associations that have been in continuous existence for at least one year, the member organizations of which:
A. See Maine Revised Statutes Title 24-A Sec. 6701Association captive insurance company: means any company that insures risks of the member organizations of the association and their affiliated companies. See Maine Revised Statutes Title 24-A Sec. 6701 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings. Authorized control level risk-based capital: means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions; and [PL 1993, c. See Maine Revised Statutes Title 24-A Sec. 6451 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. 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. See Maine Revised Statutes Title 5 Sec. 17001 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC 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 Bequeath: To gift property by will. Bequest: Property gifted by will. Blanket travel insurance: means a policy of group travel insurance that provides coverage for specific classes of persons defined in the policy under which coverage is provided to all members of the eligible group without a separate charge to individual members of the eligible group. See Maine Revised Statutes Title 24-A Sec. 7052-A Board: means the board of directors. See Maine Revised Statutes Title 13 Sec. 1774 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 Board: means the Board of Directors of the Maine Health Data Organization established pursuant to section 8703. See Maine Revised Statutes Title 22 Sec. 8702 Bridge: means a structure, including supports, designed principally to carry motor vehicles that is erected over a depression or an obstruction, such as water, a highway or a railway, and has an opening measured along the center of the roadway of more than 20 feet between the undercropping of abutments or spring lines of arches or the extreme ends of openings for multiple boxes. See Maine Revised Statutes Title 23 Sec. 562 Business: shall mean any lawful activity, excepting a farm operation conducted primarily:
A. See Maine Revised Statutes Title 23 Sec. 242Business of settlements: means any activity involved in, but not limited to, the offering, solicitation, negotiation, procurement, effectuation, purchasing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating or in any other manner engaging in the business of settlement contracts. See Maine Revised Statutes Title 24-A Sec. 6802-A Cancellation fee waiver: means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. See Maine Revised Statutes Title 24-A Sec. 7052-A Capital improvement: includes construction of new structures, replacement of existing structures, removal of closed structures and rehabilitation of existing structures. See Maine Revised Statutes Title 23 Sec. 562 Capital responsibility: means the responsibility to provide all resources needed to make capital improvement to a structure. See Maine Revised Statutes Title 23 Sec. 562 Captive insurance company: means any pure captive insurance company, sponsored captive insurance company, association captive insurance company or industrial insured captive insurance company formed or licensed under this chapter. See Maine Revised Statutes Title 24-A Sec. 6701 check: means a check, draft or order for the payment of money. See Maine Revised Statutes Title 14 Sec. 6071 Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001 Chronically ill: means :
A. See Maine Revised Statutes Title 24-A Sec. 6802-ACivil forfeiture: The loss of ownership of property used to conduct illegal activity. Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 17001 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22-A Sec. 101 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Comparable replacement dwelling: means any dwelling that is:
A. See Maine Revised Statutes Title 23 Sec. 242Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consumer: means an individual who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family or household purposes and not for business or research purposes. See Maine Revised Statutes Title 24-A Sec. 7102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Controlled unaffiliated business: means a business entity that has a contractual relationship, such as a subcontractor or franchisee relationship, with the parent of a pure captive insurance company or with one or more of its affiliates, satisfying the following criteria:
A. See Maine Revised Statutes Title 24-A Sec. 6701Conviction: A judgement of guilt against a criminal defendant. Corrective order: means an order issued by the superintendent specifying corrective actions that the superintendent has determined are required. See Maine Revised Statutes Title 24-A Sec. 6451 Counterclaim: A claim that a defendant makes against a plaintiff. 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. See Maine Revised Statutes Title 5 Sec. 17001 Culvert: means any pipe or other structure that has a span of less than 10 feet or multiple pipes or other structures with a combined opening of less than 80 square feet in area. See Maine Revised Statutes Title 23 Sec. 562 Customer: means a person who purchases a portable electronic device or service. See Maine Revised Statutes Title 24-A Sec. 7001 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Declaration of trust: means a joint statement of those participating employers composing a multiple-employer welfare arrangement in which the purposes, plan of administration, rights and duties of the participants and the manner of funding obligations arising under the arrangement are established. See Maine Revised Statutes Title 24-A Sec. 6601 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22-A Sec. 101 Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001 Department: means the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 242 Dependent: A person dependent for support upon another. Designated responsible producer: means the individual licensed producer responsible for ensuring compliance by the supervising travel insurance producer and its registrants with travel insurance laws and rules of the State. See Maine Revised Statutes Title 24-A Sec. 7052-A Detour length: means the shortest distance measured along a public way from one abutment of a bridge to the other abutment that would result if the bridge were closed. See Maine Revised Statutes Title 23 Sec. 562 Devise: To gift property by will. Digital network: means any online-enabled application, software, website or system offered or used by a transportation network company that enables the provision of prearranged rides by transportation network company drivers. See Maine Revised Statutes Title 24-A Sec. 7302 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Displaced person: means :
(1) Any person who moves from real property or moves that person's personal property from real property:
(a) As a direct result of a written notice of intent to acquire or the acquisition of that real property in whole or in part for a program or project undertaken by the department; or
(b) On which the person is a residential tenant or conducts a small business, a farm operation or a business defined in subsection 2, as a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes under a program or project undertaken by the department in any case in which the department determines that the displacement is permanent; and
(2) Solely for the purposes of section 243 and section 244, subsections 1 and 2, any person who moves from real property or moves that person's personal property from real property:
(a) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by the department; or
(b) As a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by the department where the department determines that the displacement is permanent. See Maine Revised Statutes Title 23 Sec. 242Docket: A log containing brief entries of court proceedings. Domestic insurer: means any insurance company domiciled in this State. See Maine Revised Statutes Title 24-A Sec. 6451 driver: means an individual who:
A. See Maine Revised Statutes Title 24-A Sec. 7302Eligible group: means 2 or more persons that are engaged in a common enterprise or have an economic, educational or social affinity or relationship, including but not limited to any of the following:
A. See Maine Revised Statutes Title 24-A Sec. 7052-AEmployee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Enrolled customer: means a customer who elects coverage under a portable electronic device insurance policy issued to a vendor. See Maine Revised Statutes Title 24-A Sec. 7001 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executor: A male person named in a will to carry out the decedent Existing patronage: means either the volume of clientele or the annual net earnings for the 2 taxable years immediately prior to the taxable year in which the business was displaced. See Maine Revised Statutes Title 23 Sec. 242 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Farm operation: shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Maine Revised Statutes Title 23 Sec. 242 Federal agency: shall mean any department, agency or instrumentality in the executive branch of the Federal Government, except the National Capitol Housing Authority, any wholly-owned government corporation, except the District of Columbia Redevelopment Land Agency, and the Architect of the Capitol, the Federal Reserve Banks and branches thereof. See Maine Revised Statutes Title 23 Sec. 242 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. FHWA: means an agency of the United States Department of Transportation. See Maine Revised Statutes Title 23 Sec. 562 Fiduciary: A trustee, executor, or administrator. Financing entity: means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a settlement provider, credit enhancer or any entity that has a direct ownership in a policy or certificate that is the subject of a settlement contract:
A. See Maine Revised Statutes Title 24-A Sec. 6802-AFinancing transaction: means any transaction in which a licensed settlement provider obtains financing for the purchase, acquisition, transfer or other assignment of one or more settlement contracts or policies acquired pursuant to a settlement contract or interests therein, including, without limitation, any secured or unsecured financing, securitization transaction or securities offering, either registered or exempt from registration under federal and state securities law, or otherwise sells, assigns, transfers, pledges, hypothecates or otherwise disposes of a settlement contract or policy acquired pursuant to a settlement contract or interest therein. See Maine Revised Statutes Title 24-A Sec. 6802-A Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Foreign insurer: means any insurance company that is authorized to do business in this State under section 404 but is not domiciled in this State. See Maine Revised Statutes Title 24-A Sec. 6451 Fraud: Intentional deception resulting in injury to another. Fraudulent viatical or life settlement act: includes :
A. See Maine Revised Statutes Title 24-A Sec. 6802-AFulfillment materials: means documentation provided to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and travel assistance services details. See Maine Revised Statutes Title 24-A Sec. 7052-A Fund balance: includes other contributed capital, retained earnings and subordinated debt. See Maine Revised Statutes Title 24-A Sec. 6601 Funded trust: means that legal entity created to receive, hold and administer contributions of employers participating in the arrangement that is composed of assets acceptable to the superintendent equal to or in excess of loss reserves and all other liabilities of the arrangement. See Maine Revised Statutes Title 24-A Sec. 6601 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Group travel insurance: means travel insurance issued to an eligible group. See Maine Revised Statutes Title 24-A Sec. 7052-A health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Industrial insured: means an insured:
A. See Maine Revised Statutes Title 24-A Sec. 6701Industrial insured captive insurance company: means any company that insures risks of the industrial insureds that comprise the industrial insured group and their affiliated companies. See Maine Revised Statutes Title 24-A Sec. 6701 Industrial insured group: means any group that meets either of the following criteria:
A. See Maine Revised Statutes Title 24-A Sec. 6701Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legatee: A beneficiary of a decedent Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Life expectancy evaluation: means any evaluation of the number of months the insured under the life insurance policy to be settled can be expected to live, or of the probability that the insured will live beyond a specified date, considering medical records and appropriate experiential data. See Maine Revised Statutes Title 24-A Sec. 6802-A Limited lines license: means a license to sell or offer a policy for portable electronic device insurance. See Maine Revised Statutes Title 24-A Sec. 7001 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Location: means any physical location in the State or any publicly accessible website, call center or similar operation directed to residents of the State. See Maine Revised Statutes Title 24-A Sec. 7001 Low use bridge: means a bridge with an AADT of under 100 motor vehicles. See Maine Revised Statutes Title 23 Sec. 562 Maintenance: means the work necessary to preserve a structure's existing structural or functional capacity and integrity and to abate deterioration of its components. See Maine Revised Statutes Title 23 Sec. 562 Maintenance agreement: means a contract of limited duration that provides for scheduled maintenance only and does not include repair or replacement. See Maine Revised Statutes Title 24-A Sec. 7102 Maintenance responsibility: means the responsibility to provide all resources needed to perform maintenance on a structure. See Maine Revised Statutes Title 23 Sec. 562 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Mandatory control level risk-based capital: means the product of . See Maine Revised Statutes Title 24-A Sec. 6451 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 Member: includes the holder of a membership in an association without capital stock and the holder of common stock in an association organized with capital stock. See Maine Revised Statutes Title 13 Sec. 1774 Member organization: means any individual, corporation, limited liability company, partnership or association that belongs to an association. See Maine Revised Statutes Title 24-A Sec. 6701 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. See Maine Revised Statutes Title 5 Sec. 17001 Minor span: means a structure designed principally to carry motor vehicles that is larger than a culvert but has a span less than that required to be defined as a bridge. See Maine Revised Statutes Title 23 Sec. 562 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: shall mean such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of this State, together with the credit instruments, if any, secured thereby. See Maine Revised Statutes Title 23 Sec. 242 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor vehicle manufacturer: means a person that:
A. See Maine Revised Statutes Title 24-A Sec. 7102Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes departments or bureaus of State Government and quasi-independent agencies or boards of State Government that are responsible for structures on public highways, excepting the Maine Turnpike Authority. See Maine Revised Statutes Title 23 Sec. 562 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Normal wear and tear: means the deterioration that occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of the tenant's household or their invitees or guests. See Maine Revised Statutes Title 14 Sec. 6031 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Offer and disseminate: means to provide general information, including a description of the coverage and price, as well as to process the application and collect premiums. See Maine Revised Statutes Title 24-A Sec. 7052-A Organization: means the Maine Health Data Organization established under this chapter. See Maine Revised Statutes Title 22 Sec. 8702 Out-of-state service: means service rendered as an employee of:
A. See Maine Revised Statutes Title 5 Sec. 17001Oversight: Committee review of the activities of a Federal agency or program. Parent: means a corporation, limited liability company, partnership or individual that directly or indirectly owns, controls or holds with power to vote more than 50% of the outstanding voting securities of a pure captive insurance company organized as a stock corporation or 50% of the membership interests of a pure captive insurance company organized as a nonprofit corporation. See Maine Revised Statutes Title 24-A Sec. 6701 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. See Maine Revised Statutes Title 5 Sec. 17001 Participation agreement: means the document pursuant to which an employer undertakes and agrees to fulfill the obligation of employers imposed by the declaration of trust. See Maine Revised Statutes Title 24-A Sec. 6601 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: shall mean any individual, partnership, corporation or association. See Maine Revised Statutes Title 23 Sec. 242 Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate or any similar entity or combination of entities acting in concert. See Maine Revised Statutes Title 24-A Sec. 7102 Person: includes an individual, a partnership, a corporation and an association. See Maine Revised Statutes Title 13 Sec. 1774 Personal property: All property that is not real property. Personal vehicle: means a vehicle that:
A. See Maine Revised Statutes Title 24-A Sec. 7302Plaintiff: The person who files the complaint in a civil lawsuit. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Policy: means an individual or group policy, group certificate, contract or arrangement of life insurance affecting the rights of a resident of this State or bearing a reasonable relation to this State, regardless of whether delivered or issued for delivery in this State. See Maine Revised Statutes Title 24-A Sec. 6802-A Portable electronic device: means an electronic device that is portable in nature, its accessories and services related to the use of the device. See Maine Revised Statutes Title 24-A Sec. 7001 Portable electronic device insurance: means insurance authorized under section 705 providing coverage for the repair or replacement of a portable electronic device that may cover a portable electronic device against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss. See Maine Revised Statutes Title 24-A Sec. 7001 Portable electronic device transaction: means :
A. See Maine Revised Statutes Title 24-A Sec. 7001Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Prearranged ride: means transportation provided by a transportation network company driver to a transportation network company rider, beginning when the driver accepts a transportation request through a digital network and ending when the rider departs from the driver's personal vehicle. See Maine Revised Statutes Title 24-A Sec. 7302 Premium: means the consideration paid to an insurer for a reimbursement insurance policy. See Maine Revised Statutes Title 24-A Sec. 7102 Primary certificate holder: means an individual who elects and purchases travel insurance under a group travel insurance policy. See Maine Revised Statutes Title 24-A Sec. 7052-A Primary policyholder: means an individual who elects and purchases individual travel insurance. See Maine Revised Statutes Title 24-A Sec. 7052-A Prior service: means service rendered before the date of establishment of the retirement system as set forth in section 17101. See Maine Revised Statutes Title 5 Sec. 17001 Probate: Proving a will Producers: includes independent agricultural contractors. See Maine Revised Statutes Title 13 Sec. 1774 Program or project: means any highway construction or related activity undertaken by the Department of Transportation on a state or state-aid highway and any other activity undertaken and authorized by law to be carried out by the department. See Maine Revised Statutes Title 23 Sec. 242 Property and casualty insurer: means any insurance company authorized to do business in this State under section 410 except a life or health insurer or single line mortgage guaranty insurer, financial guaranty insurer or title insurer. See Maine Revised Statutes Title 24-A Sec. 6451 Property valuation: means the value of all taxable property in a municipality based upon 100% of the current market value as determined by the State Tax Assessor. See Maine Revised Statutes Title 23 Sec. 562 Provider: means a person who is contractually obligated to a service contract holder under the terms of a service contract. See Maine Revised Statutes Title 24-A Sec. 7102 Provider fee: means the consideration paid for a service contract. See Maine Revised Statutes Title 24-A Sec. 7102 Public school: includes :
(1) Any public school conducted within the State under the authority and supervision of a duly elected board of education, superintending school committee or school directors; and
(2) Any school which received any direct state aid in 1950 and municipal tuition funds amounting to at least the amount of that state aid during 1950. See Maine Revised Statutes Title 5 Sec. 17001Pure captive insurance company: includes , with respect to operations in this State unless otherwise restricted by the superintendent, a branch captive insurance company. See Maine Revised Statutes Title 24-A Sec. 6701 Pure nonprofit captive insurance company: means a pure captive insurance company formed without capital stock as a nonprofit corporation, whose voting or membership interest is held by a parent organization formed under a nonprofit law. See Maine Revised Statutes Title 24-A Sec. 6701 Qualified financial institution: means an institution that is organized, or in the case of a United States branch or agency office of a foreign banking organization is licensed under the laws of the United States or any state, and has been granted authority to operate with fiduciary powers and is regulated, supervised and examined by federal or state authorities having regulatory authority over banks and trust companies. See Maine Revised Statutes Title 24-A Sec. 6601 Quorum: The number of legislators that must be present to do business. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Redundant bridge: means a bridge in which the AADT multiplied by the detour length in miles is less than 200. See Maine Revised Statutes Title 23 Sec. 562 registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001 Regulatory action level risk-based capital: means the product of 1. See Maine Revised Statutes Title 24-A Sec. 6451 Reimbursement insurance policy: means a policy of insurance, issued to a provider, that provides reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, pays to service contract holders on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider. See Maine Revised Statutes Title 24-A Sec. 7102 Related provider trust: means a titling trust or other trust established by a licensed settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction. See Maine Revised Statutes Title 24-A Sec. 6802-A Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 rider: means an individual or person who uses a transportation network company's digital network to connect with a transportation network company driver for a ride between locations chosen by the rider. See Maine Revised Statutes Title 24-A Sec. 7302 Risk-based capital instructions: means the risk-based capital instructions adopted by the NAIC, as such risk-based capital instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Maine Revised Statutes Title 24-A Sec. 6451 Risk-based capital plan: means a comprehensive financial plan containing the elements specified in section 6453, subsection 2. See Maine Revised Statutes Title 24-A Sec. 6451 Risk-based capital report: means the report required in section 6452. See Maine Revised Statutes Title 24-A Sec. 6451 Security deposit: means any advance or deposit, regardless of its denomination, of money, the primary function of which is to secure the performance of a lease or tenancy at will agreement for residential premises or any part thereof. See Maine Revised Statutes Title 14 Sec. 6031 Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations. Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Service contract: includes a contract or agreement sold for a separately stated consideration for a specific duration that provides for any of the following:
A. See Maine Revised Statutes Title 24-A Sec. 7102Service contract holder: means a person who is the purchaser or holder of a service contract. See Maine Revised Statutes Title 24-A Sec. 7102 Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001 Service of process: The service of writs or summonses to the appropriate party. 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. Settlement contract: includes the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns such policy if the trust or other entity was formed or availed of for the principal purpose of acquiring one or more life insurance contracts, which life insurance contract insures the life of a person residing in this State. See Maine Revised Statutes Title 24-A Sec. 6802-A Settlement producer: means any person who has life insurance producer authority, who acts or aids in any manner in the soliciting of a settlement on behalf of a viator and for a fee, commission or other valuable consideration offers or attempts to negotiate settlement contracts between a viator and one or more settlement providers. See Maine Revised Statutes Title 24-A Sec. 6802-A Settlement provider: means a person other than the viator that enters into or effectuates a settlement contract. See Maine Revised Statutes Title 24-A Sec. 6802-A Small business: means any business having fewer than 500 employees working at the site being acquired or permanently displaced by a program or project. See Maine Revised Statutes Title 23 Sec. 242 Special purpose entity: means a corporation, partnership, trust, limited liability company or similar entity formed solely to provide either directly or indirectly access to institutional capital markets for a financing entity or licensed settlement provider. See Maine Revised Statutes Title 24-A Sec. 6802-A State agency: means any department, agency or instrumentality of this State or any political subdivision of this State, any department, agency or instrumentality of 2 or more states, or 2 more political subdivisions of the State or states and any person who has the authority to acquire property by eminent domain under state law. See Maine Revised Statutes Title 23 Sec. 242 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:
A. See Maine Revised Statutes Title 5 Sec. 17001Statute: A law passed by a legislature. Stranger-originated life insurance: includes , but is not limited to, cases in which life insurance is purchased with resources or guarantees from or through a person who, at the time of the inception of the policy, could not lawfully initiate the policy and when, at the time of policy inception, there is an arrangement or agreement to directly or indirectly transfer the ownership of the policy or the policy benefits to another person. See Maine Revised Statutes Title 24-A Sec. 6802-A Structure: means a bridge or minor span. See Maine Revised Statutes Title 23 Sec. 562 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 7102 Supervising entity: means a business entity that is a licensed insurance producer or insurer. See Maine Revised Statutes Title 24-A Sec. 7001 Supervising travel insurance producer: includes a:
A. See Maine Revised Statutes Title 24-A Sec. 7052-ASurety bond: means a bond purchased by a tenant in lieu of making a security deposit when the function of the bond is to secure the performance of a lease or tenancy at will agreement for residential premises or any part of residential premises. See Maine Revised Statutes Title 14 Sec. 6031 Tangible net worth: means equity less assets that have no physical existence and depend on expected future benefits for their ascribed value. See Maine Revised Statutes Title 24-A Sec. 7102 Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001 Terminally ill: means having an illness or sickness that can reasonably be expected to result in death within 24 months or less. See Maine Revised Statutes Title 24-A Sec. 6802-A Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. This subchapter: means the "Uniform Agricultural Cooperative Association Act. See Maine Revised Statutes Title 13 Sec. 1774 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Total adjusted capital: means the sum of:
A. See Maine Revised Statutes Title 24-A Sec. 6451Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transportation network company: means a corporation, partnership, sole proprietorship or other entity operating in the State that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. See Maine Revised Statutes Title 24-A Sec. 7302 Travel administrator: means a person that directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims on residents of the State in connection with travel insurance, except that a person is not a travel administrator if that person's only actions that would otherwise cause that person to be a travel administrator are among the following:
A. See Maine Revised Statutes Title 24-A Sec. 7052-ATravel assistance services: includes , but is not limited to: security advisories; destination information; vaccination and immunization information services; travel reservation services; entertainment; activity and event planning; translation assistance; emergency messaging; international legal and medical referrals; medical case monitoring; coordination of transportation arrangements; emergency cash transfer assistance; medical prescription replacement assistance; passport and travel document replacement assistance; lost baggage assistance; concierge services; and any other services that are furnished in connection with planned travel. See Maine Revised Statutes Title 24-A Sec. 7052-A Travel insurance: means insurance coverage as defined in section 1420?F, subsection 1, paragraph H. See Maine Revised Statutes Title 24-A Sec. 7052-A Travel protection plan: means a plan that provides one or more of the following: travel insurance, travel assistance services and a cancellation fee waiver. See Maine Revised Statutes Title 24-A Sec. 7052-A Travel retailer: means a business entity that makes, arranges or offers planned travel and that may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a supervising travel insurance producer. See Maine Revised Statutes Title 24-A Sec. 7052-A Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. Vendor: means a person in the business of engaging in portable electronic device transactions directly or indirectly. See Maine Revised Statutes Title 24-A Sec. 7001 Verdict: The decision of a petit jury or a judge. Viator: means a person who assigns, transfers, sells, devises or bequeaths or seeks to assign, transfer, sell, devise or bequeath a death benefit or ownership of a life insurance policy or certificate under a settlement contract. See Maine Revised Statutes Title 24-A Sec. 6802-A Warranty: means a warranty made solely by the manufacturer, importer or seller of property or services without consideration that is not negotiated or separated from the sale of the product and is incidental to the sale of the product and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services. See Maine Revised Statutes Title 24-A Sec. 7102 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72