Maine Revised Statutes > Title 5 > Part 20 > Chapter 425 > Subchapter 5 > Article 5 – Accidental Death Benefits
Current as of: 2023 | Check for updates
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Other versions
| § 18601 | Definitions |
| § 18602 | Qualification for benefit |
| § 18603 | Computation of benefit |
| § 18604 | Method of payment |
| § 18605 | Adjustment of benefits |
| § 18606 | Termination of benefits |
Terms Used In Maine Revised Statutes > Title 5 > Part 20 > Chapter 425 > Subchapter 5 > Article 5 - Accidental Death Benefits
- Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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.
- Aggravating factor: means any of the following circumstances with regard to the parent. See Maine Revised Statutes Title 22 Sec. 4002
- 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.
- Amortization: Paying off a loan by regular installments.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Average final compensation: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Beneficiary: 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 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 Maine Retirement Savings Board under section 172. See Maine Revised Statutes Title 5 Sec. 171 Campsite: means a camping location containing tents, registered tent trailers, registered pickup campers, registered recreational vehicles, registered trailers or similar devices used for camping. See Maine Revised Statutes Title 12 Sec. 682 Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001 Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Child protection proceeding: means a proceeding on a child protection petition under subchapter VI, a subsequent proceeding to review or modify a case disposition under section 4038, an appeal under section 4006, a proceeding on a termination petition under subchapter VI, or a proceeding on a medical treatment petition under subchapter VIII. See Maine Revised Statutes Title 22 Sec. 4002 Commercial sporting camp: means a building or group of buildings devoted primarily to the offering of primitive lodging facilities for a fee to persons primarily in pursuit of primitive recreation or snowmobiling. See Maine Revised Statutes Title 12 Sec. 682 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 1801 Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC Community-based offshore wind energy project: means a wind energy development, as defined by Title 35?A, section 3451, subsection 11, with an aggregate generating capacity of less than 3 megawatts that meets the following criteria: the generating facilities are wholly or partially located on or above the coastal submerged lands of the State; the generating facilities are located within one nautical mile of one or more islands that are within the unorganized and deorganized areas of the State and the project will offset part or all of the electricity requirements of those island communities; and the development meets the definition of "community-based renewable energy project" as defined by Title 35?A, section 3602, subsection 1. See Maine Revised Statutes Title 12 Sec. 682 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Covered employee: means an individual who is 18 years of age or older who is employed by a covered employer and who has wages or other compensation that are allocable to the State during a calendar year. See Maine Revised Statutes Title 5 Sec. 171 Covered employer: means a person or entity engaged in a business, industry, profession, trade or other enterprise in the State, whether for profit or not for profit, that has not offered to its employees, effective in form or operation at any time within the current calendar year or 2 preceding calendar years, a specified tax-favored retirement plan. See Maine Revised Statutes Title 5 Sec. 171 Custodial parent: means a parent with custody. See Maine Revised Statutes Title 22 Sec. 4002 Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A 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 Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 1801 Dependent: A person dependent for support upon another. Dependent child: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Director: means the Director of the Bureau of Parks and Lands. See Maine Revised Statutes Title 12 Sec. 1801 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Donor: The person who makes a gift. Dwelling unit: means any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, time-share units, and apartments. See Maine Revised Statutes Title 12 Sec. 682 Ecological reserve: means an area owned or leased by the State, under the jurisdiction of the bureau, designated by the director for the purpose of maintaining one or more natural community types or native ecosystem types in a natural condition and range of variation and contributing to the protection of Maine's biological diversity and managed:
A. See Maine Revised Statutes Title 12 Sec. 1801Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Enterprise fund: means the Maine Retirement Savings Program Enterprise Fund established in section 178. See Maine Revised Statutes Title 5 Sec. 171 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 ERISA: means the federal Employee Retirement Income Security Act of 1974, as amended, 29 United States Code § 1001 et seq. See Maine Revised Statutes Title 5 Sec. 171 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. Ex officio: Literally, by virtue of one's office. Fiduciary: A trustee, executor, or administrator. 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. Foster parent: means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom the child lives pursuant to a court order or agreement with the department. See Maine Revised Statutes Title 22 Sec. 4002 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grandparent: means the parent of a child's parent. See Maine Revised Statutes Title 22 Sec. 4002 Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Historic site: means any area of land owned, leased or otherwise controlled by the State, with or without buildings, improvements or other structures, that has been classified by the director for public use wholly or primarily because of its historical, archaeological or scientific interest or value. See Maine Revised Statutes Title 12 Sec. 1801 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inter vivos: Transfer of property from one living person to another living person. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 171 IRA: means a traditional IRA or Roth IRA. See Maine Revised Statutes Title 5 Sec. 171 jeopardy: means serious abuse or neglect, as evidenced by:
A. See Maine Revised Statutes Title 22 Sec. 4002Jurisdiction: (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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 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 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Moratorium: means a temporary land use regulation or ordinance approved by the commission or a municipal legislative body which prevents development or subdivision by withholding authorization or approval necessary for development. See Maine Revised Statutes Title 12 Sec. 682 Municipal 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 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 Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Nonreserved public lands: means all public domain lands, public islands in inland and coastal waters, lands acquired under section 8003, subsection 3, paragraph N, lands acquired by the bureau pursuant to other lawful authority and any other lands the management and control of which are not otherwise provided for by law. See Maine Revised Statutes Title 12 Sec. 1801 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. Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002 Park: means any area of land or an interest in land, with or without improvements, that is acquired by or under the control of the State, managed primarily for public recreation or conservation purposes and classified by the director as a park, including:
A. See Maine Revised Statutes Title 12 Sec. 1801Participant: means an individual who has an IRA under the program. See Maine Revised Statutes Title 5 Sec. 171 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. payroll deduction IRA arrangement: means an arrangement by which an employer allows employees to contribute to an IRA by means of payroll deduction. See Maine Revised Statutes Title 5 Sec. 171 Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002 Person responsible for the child: includes the child's custodian. See Maine Revised Statutes Title 22 Sec. 4002 Personal property: All property that is not real property. Planned subdistrict: means a delineated area for which a specific land use plan and standards have been agreed to by the owner of the land within the delineated area and approved by the commission. See Maine Revised Statutes Title 12 Sec. 682 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. 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. Power 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 Preadoptive parent: means a person who has entered into a preadoption agreement with the department with respect to the child. See Maine Revised Statutes Title 22 Sec. 4002 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Professional firefighter: means an employee of a municipal fire department who is a member of the Participating Local District Retirement Program or who is a participating member under chapter 425 and who aids in the extinguishment of fires, whether or not the employee has other administrative duties. See Maine Revised Statutes Title 5 Sec. 18601 Program: means the Maine Retirement Savings Program established in accordance with this chapter. See Maine Revised Statutes Title 5 Sec. 171 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public reserved lands: means :
A. See Maine Revised Statutes Title 12 Sec. 1801Qualified residential treatment program: means a program within a licensed children's residential care facility as defined in section 8101, subsection 4 that provides continuous 24-hour care and supportive services to children in a residential nonfamily home setting that:
A. See Maine Revised Statutes Title 22 Sec. 4002Qualifying member: means :
A. See Maine Revised Statutes Title 5 Sec. 18601Quorum: 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 estate: means land and structures attached to it. See Maine Revised Statutes Title 12 Sec. 682 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Relative: includes , for an Indian child as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 4, or by the Maine Indian Child Welfare Act, section 3943, subsection 8, an extended family member as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, an extended family member as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 2 or the Maine Indian Child Welfare Act, section 3943, subsection 5. See Maine Revised Statutes Title 22 Sec. 4002 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. Removal of the child from home: means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian. See Maine Revised Statutes Title 22 Sec. 4002 Resource family: means a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child's extended birth family. See Maine Revised Statutes Title 22 Sec. 4002 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System established in section 17101. See Maine Revised Statutes Title 5 Sec. 171 Roth IRA: means a Roth individual retirement account or Roth individual retirement annuity described in Section 408A of the Internal Revenue Code. See Maine Revised Statutes Title 5 Sec. 171 Serious harm: means :
A. See Maine Revised Statutes Title 22 Sec. 4002Serious injury: means serious physical injury or impairment. See Maine Revised Statutes Title 22 Sec. 4002 Setback: means the minimum horizontal distance from a lot line, shoreline or road to the nearest part of a structure. See Maine Revised Statutes Title 12 Sec. 682 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. Shoreline: means the normal high water mark of tidal waters, a coastal or inland wetland, a standing body of water or flowing water. See Maine Revised Statutes Title 12 Sec. 682 Spaghetti-lot: means a parcel of land with a lot depth to shore frontage ratio greater than 5 to 1. See Maine Revised Statutes Title 12 Sec. 682 Specified tax-favored retirement plan: means a plan, program or arrangement that is tax-qualified under or described in, and satisfies the requirements of, Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p) or Section 457(b) of the Internal Revenue Code, without regard to whether it constitutes an employee benefit plan under ERISA. See Maine Revised Statutes Title 5 Sec. 171 Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001 State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72 Statute: A law passed by a legislature. Structure: means anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, buildings, mobile homes, retaining walls, billboards, signs, piers and floats. See Maine Revised Statutes Title 12 Sec. 682 subdivision: means a division of an existing parcel of land into 3 or more parcels or lots within any 5-year period, whether this division is accomplished by platting of the land for immediate or future sale, by sale of the land or by leasing. See Maine Revised Statutes Title 12 Sec. 682 Submerged lands: means :
A. See Maine Revised Statutes Title 12 Sec. 1801Summons: Another word for subpoena used by the criminal justice system. Surviving spouse: means the spouse alive at the time of the death of the member or former member. See Maine Revised Statutes Title 5 Sec. 17001 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Traditional IRA: means a traditional individual retirement account or traditional individual retirement annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code. See Maine Revised Statutes Title 5 Sec. 171 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. Transient occupancy: means occupancy that does not exceed 120 days in a calendar year. See Maine Revised Statutes Title 12 Sec. 682 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Unorganized and deorganized areas: includes :
A. See Maine Revised Statutes Title 12 Sec. 682Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Wages: means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an employee from an employer during a calendar year. See Maine Revised Statutes Title 5 Sec. 171 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72