Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 803 - PARTICIPATING LOCAL DISTRICT CONSOLIDATED RETIREMENT PLAN
Section 411-803-12 - ACCIDENTAL DEATH BENEFITS
Universal Citation: 94 ME Code Rules ยง 411-803-12
Current through 2024-38, September 18, 2024
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A.
Professional firefighter.
"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.
B.
Qualifying member.
"Qualifying member" means:
(1) A member who
dies as a result of an injury arising out of and in the course of employment as
an employee;
(2) After October 31,
2004, an active member who is a professional firefighter who dies as a result
of an injury or disease as described in Title 39-A, section
328 if the injury or disease that
causes the death is the result of a condition that develops within 30 days of
the active member's participating in firefighting or training or a drill that
involves firefighting. If the professional firefighter dies after 30 days but
within 6 months of participating in firefighting or training or a drill that
involves firefighting, there is a rebuttable presumption that the death is the
result of an injury arising out of and in the course of employment as a
professional firefighter; or
(3) A
former member receiving a disability retirement benefit who dies as a result of
an injury arising out of and in the course of employment as an
employee.
2. Qualification for Benefit. The beneficiary of a qualifying member shall receive a benefit in accordance with section 18603.
3. Computation of Benefit. Benefits under this section are determined as follows:
A.
Surviving spouse; no dependent
children. If the qualifying member is survived by a spouse and no
dependent child, the surviving spouse shall be paid 2/3 of the average final
compensation of the qualifying member.
B.
Surviving spouse having care of
dependent children. If the qualifying member is survived by a spouse who
has the care of the dependent child or dependent children of the qualifying
member, the surviving spouse shall be paid an annual sum equal to the average
final compensation of the qualifying member.
C.
Surviving spouse not having care of
dependent children. If the qualifying member is survived by a spouse who
does not have the care of the dependent child or dependent children of the
qualifying member, the surviving spouse shall share with the dependent child or
dependent children an annual sum equal to the average final compensation of the
qualifying member, the benefit to be divided equally among the surviving spouse
and the dependent child or dependent children.
D.
No surviving spouse. If no
spouse survives the qualifying member, the dependent child or dependent
children shall be paid an annual sum equal to the average final compensation of
the qualifying member.
4. Method of Payment. All benefits paid under this section shall be paid in equal monthly installments beginning the first month after the death of the qualifying member.
5. Adjustment of Benefits. Benefits under this section are subject to the following adjustments:
A.
Cessation of eligibility.
When a person sharing benefits under section
18603 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.
B.
Workers' compensation or similar
law. The amount payable under this section 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.
(1) 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.
(2) The prorated lump-sum
settlement amounts must reduce the accidental death benefits payable monthly
under this section.
C.
Cost-of-living adjustments. Benefits under this section are
subject to adjustment as provided in section
9.
6. Termination of Benefits. The benefits under this section shall be paid to:
A.
Surviving spouse. The
surviving spouse until the spouse dies; and
B.
Dependent children. The
dependent child or dependent children until they die or until they no longer
meet the definition of "dependent child" under section
17001, subsection
12.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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