Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 103 - QUALIFIED DOMESTIC RELATIONS ORDERS
- Section 411-103-1 - Definitions
- Section 411-103-2 - Information to Spouse
- Section 411-103-3 - Payments by Maine Public Employees Retirement System
- Section 411-103-4 - Submission of orders
- Section 411-103-5 - Review of Orders
- Section 411-103-6 - Qualified Domestic Relations Order Standards
- Section 411-103-7 - Payment Pursuant to Qualified Orders
- Section 411-103-8 - Order Not Qualified
- Section 411-103-9 - Appeal of Determination that Order is Not Qualified
- Section 411-103-10 - Restoration to Service
- Section 411-103-11 - Amount of Disability Retirement Benefit Subject to Qualified Domestic Relations Order
- Section 411-103-12 - Reinstatement of Service Credit
- Section 411-103-13 - Payment to Alternate Payee; Service Retirement Benefits
- Section 411-103-14 - Death of an Alternate Payee
- Section 411-103-15 - Payments Made in Error
Current through 2024-38, September 18, 2024
SUMMARY: This Chapter implements the provisions in the Maine Public Employees Retirement System statutes relating to qualified domestic relations orders (5 M.R.S. §§ 17059 to 17061) which provided the statutory authority for the retirement system to pay benefits to the alternate payee of a member or retiree when the right to such payment is established by a qualified domestic relations order. This Chapter provides the standards for such orders, procedures for their filing, and the procedures to be followed by the retirement system in reviewing and administering the statute.
BASIS STATEMENT FOR ADOPTION JULY 11, 2024/STATEMENT OF COMMENTS:
The proposal for rule-making was noticed on May 22, 2024. A public hearing was held on June 13, 2024. No members of the public provided comments at the public hearings, and no written comments were submitted prior to the June 24, 2024 comment deadline.
This rule implements the provisions in statutes relating to qualified domestic relations orders, which provide the statutory authority for the retirement system to pay benefits to the alternative payee of a member or retiree when the right to such payment is established by a qualified domestics relations order. This Chapter provides the standards for such orders, procedures for their filing, and the procedures to be followed by the retirement system in reviewing and administering the statute.
The amendments:
(1) streamline the rule by deleting unnecessary language, updating language and reorganizing language for improved clarity;
(2) clearly state what happens in each situation when the alternate payee deceases before the member;
(3) specify that payments to the alternate payee may begin before the member retires only if the order so specifies;
(4) provide that where the alternate payee's benefits initiate before the member's retirement, the alternate payee's benefit will be recalculated if necessary at the time the member retires using the same actuarial factors used at the time the alternate payee initiated benefits; and
(5) incorporate into rule the long standing practice of requiring an additional filing fee when review is not completed within 18 months and the delay is not caused by the retirement system.
At the Board's regular meeting held on July 11, 2024, Henry Beck made the motion, seconded by Shirrin Blaisdell to adopt the amended rule. Five Trustees (Beck-Beliveau-Blaisdell-Duplessis-Metivier) voted in favor of the motion, and one (Kimball) voted in opposition. Motion to adopt the amended rule carried.
STATUTORY AUTHORITY: 5 M.R.S.A. §§17103(4), 17059(13)
