Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 104 - LIMITATIONS ON EARNABLE COMPENSATION FOR PURPOSES OF CALCULATING AVERAGE FINAL COMPENSATION OF STATE EMPLOYEE AND TEACHER MEMBERS
Section 411-104-1 - DEFINITIONS

Universal Citation: 94 ME Code Rules ยง 411-104-1

Current through 2024-38, September 18, 2024

Solely for purposes of this Chapter, these terms have the following meanings:

1. AFC period. For a state employee or teacher member whose total membership service as a state/teacher member consists of at least 3 years of creditable service, "AFC period" means the three years of creditable service, not necessarily consecutive, in the membership period in which the member's annual rate of compensation is highest.

For a state employee or teacher member whose total membership service as a state/teacher member consists of at least 1 year but less than 3 years of creditable service, "AFC period" means all of the creditable service, not necessarily consecutive, in the membership period.

2. Year 1 of the AFC period. "Year 1 of the AFC period" means the chronologically earliest year used in the AFC period.

3. Year 2 of the AFC period. "Year 2 of the AFC period" means the chronologically second year used in the AFC period.

4. Year 3 of the AFC period. "Year 3 of the AFC period" means the chronologically third year used in the AFC period.

5. Collectively bargained salary or wage increase. "Collectively bargained salary or wage increase" means an increase to a position's rate of pay contained in or resulting from a collective bargaining agreement and includes longevity pay increases, merit raises, and general increases.

6. Primary position. "Primary position" means the position from which the member earns the majority of their compensation within each AFC period.

7. Promotion. "Promotion" means a change in a member's position, including in an acting capacity, that involves an increase in rate of pay or the addition of a new type of pay, such as a stipend for responsibilities required to be performed in the position.

8. Regular earnings. "Regular earnings" means the amount of earnable compensation prior to the inclusion of any payment allowed pursuant to 5 M.R.S.A. §17001(13)(B)(1) and prior to the exclusion of any excess increases required pursuant to 5 M.R.S.A. §17001(13)(C) and the provisions of this Chapter.

9. Year. "Year" means one of the following periods of time during which a state employee or teacher member earned creditable service:

A. a contract year for teacher members paid on a contract year basis;

B. a school year for teacher members who are paid on a school year basis and whose employment is not covered by an individual employment contract or a collective bargaining agreement;

C. a calendar year beginning January 1st for state employee members with creditable service periods prior to calendar year 1994. For purposes of transition from a calendar year to a fiscal year in the half-year period of January 1, 1994 through June 30, 1994 for state employees with creditable service after June 30, 1995, proration will be applied;

D. a fiscal year beginning July 1st for state employee members retiring with less than 3 years of creditable service after June 30, 1995;

E. a rolling 12 month period of creditable service beginning with the final payment of compensation and going back until 12 months of creditable service is accumulated for state employee members retiring with 3 years or more of creditable service after June 30, 1995.

F. In cases that present factual circumstances to which application of any of the definitions of "year" set out in paragraphs A through E above would produce a result that is inconsistent with or has effects that are unrelated to the statutory purpose of the cap limitations, as described below, the System will define a "year" of creditable service in a manner that does not produce a result
(1) that is driven by factors that are unrelated to the statutory purpose of the cap limitations, or

(2) that, while consistent with the statutory purpose of the cap limitations, arbitrarily affects similarly situated members differently.

As used in this subsection, the statutory purpose of the cap limitations is to limit increases in earnable compensation in the AFC years.

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