Medical information of any kind in the possession of the retirement system, including
information pertaining to diagnosis or treatment of mental or emotional disorders,
is confidential and not open to public inspection and does not constitute "public
records" as defined in Title 1, section 402, subsection 3. Records containing medical
information may be examined by the employee to whom they relate or by the State or
participating local district employer of the employee for any purposes related to
any claim for workers' compensation or any other benefit. The employee must be advised
in writing by the retirement system of any request by the employer to examine the
employee's medical records. Medical information obtained pursuant to this section
remains confidential, except as otherwise provided by law, and except when involved
in proceedings resulting from an appeal pursuant to section 17451 or proceedings regarding
claims for other retirement benefits.
1991, c. 824, Pt. A, §7 (RPR)
2.Group life insurance information.
Information in the possession of the retirement system regarding a participant's
designated beneficiary or amount of insurance coverage or group life insurance is
confidential and not open to public inspection and does not constitute "public records"
as defined in Title 1, section 402, subsection 3.
1991, c. 824, Pt. A, §7 (RPR)
3.Home contact information.
Except as provided in this subsection, records of home contact information of members and benefit recipients of any of the programs of the retirement system and of staff members that are in the possession of the retirement system are confidential,
not open to public inspection and not public records as defined in Title 1, section
402, subsection 3.
A. For purposes of this subsection, "home contact information" means a home address,
home telephone number, home facsimile transmission number or home e-mail address. [2003, c. 632, §1 (NEW).]
B. [2007, c. 47, §1 (RP).]
C. This subsection does not apply to the home address of a member or a benefit recipient of any of the programs of the retirement system used only for membership recruitment purposes by a nonprofit or public organization
established to provide programs, services and representation to Maine public sector
retirees unless the retirement system member or benefit recipient has signed a form
made available by the retirement system indicating that the individual does not authorize
disclosure of that individual's home address. The retirement system may not provide
information under this subsection to an organization if the retirement system has
determined that the organization obtained information for the purpose of membership
recruitment but used the information for a purpose other than membership recruitment.
[2007, c. 491, §70 (AMD).]
2007, c. 491, §70 (AMD)
4.Investment activity information.
Disclosure of private market investment activity of the retirement system is governed by this subsection.
A. Documentary material, data or information in the possession of the retirement system
that consists of trade secrets or commercial or financial information that relates
to actual or potential private market investments of the retirement system is confidential and not open to public inspection and does not constitute "public
records" as defined in Title 1, section 402, subsection 3 if, in the sole discretion
of the retirement system, the disclosure of the material, data or information may:
(1) Impair the retirement system's ability to obtain such material, data or information
in the future;
(2) Cause substantial harm to the competitive position of the retirement system or
of the person or entity from whom the information was obtained; or
(3) Result in the potential violation of state and federal laws and regulations relating
to insider trading. [2011, c. 449, §1 (AMD).]
B. The following information concerning any fund in which the retirement system is invested is not exempt from disclosure:
(1) The retirement system's total commitment to the fund;
(2) The date of the commitment to the fund;
(3) Contributions and distributions made to or received from the fund;
(4) The market value of the investment;
(5) The name of the fund; and
(6) The interim internal rate of return of the fund. [2011, c. 449, §1 (AMD).]
C. For purposes of this subsection, "private market investment" means:
(1) Direct investments in land, timber, mineral rights, private company equity or
private company debt;
(2) Indirect investments in limited partnerships, limited liability corporations
or other entities that may invest in the investments described in subparagraph (1);
(3) Investments in unregistered securities or funds offered under exemptions provided
in Section 144(A) of the Securities Act of 1933, as amended, or Section 3(c)1 or 3(c)7
of the Investment Company Act of 1940, as amended; or
(4) Investments or potential investments of the retirement system pursuant to the
state innovation finance program authorized under Title 10, section 1026-T. [2011, c. 449, §1 (NEW).]
2011, c. 449, §1 (AMD)
5.Personnel records of Maine Public Employees Retirement System staff.
The following records are confidential and not open to public inspection and are
not public records as defined in Title 1, section 402, subsection 3:
A. Papers relating to applications, examinations or evaluations of applicants. Except
as provided in this subsection, applications, resumes, letters and notes of reference,
working papers, research materials, records, examinations and any other documents
or records and the information they contain, solicited or prepared either by the applicant
or the retirement system for use in the examination or evaluation of applicants for
positions as retirement system employees, are confidential.
(1) Notwithstanding any confidentiality provision to the contrary, applications,
resumes and letters and notes of reference, other than those letters and notes of
reference expressly submitted in confidence, pertaining to the applicant hired are
public records after the applicant is hired, except that personal contact information
is not a public record as provided in Title 1, section 402, subsection 3, paragraph
(2) Telephone numbers are not public records if they are designated as "unlisted"
or "unpublished" in an application, resume or letter or note of reference.
(3) This paragraph does not preclude a union representative from access to personnel
records, consistent with paragraph D, that may be necessary for the bargaining agent
to carry out collective bargaining responsibilities. Any records available to union
representatives that are otherwise covered by this paragraph remain confidential and
are not open to public inspection; [2011, c. 449, §2 (NEW).]
B. Personal information. Records containing the following information are confidential,
except that the records may be examined by the employee to whom they relate when the
examination is permitted or required by law:
(1) Medical information of any kind, including information pertaining to diagnosis
or treatment of mental or emotional disorders;
(2) Performance evaluations and personal references submitted in confidence;
(3) Information pertaining to the creditworthiness of a named employee;
(4) Information pertaining to the personal history, general character or conduct
of members of the employee's immediate family;
(5) Personal information pertaining to the employee's race, color, religion, sex,
national origin, ancestry, age, physical disability, mental disability, marital status
and sexual orientation; social security number; personal contact information as provided
in Title 1, section 402, subsection 3, paragraph O; and personal employment choices
pertaining to elected payroll deductions, deferred compensation, savings plans, pension
plans, health insurance and life insurance; and
(6) Complaints, charges or accusations of misconduct, replies to those complaints,
charges or accusations and any other information or materials that may result in disciplinary
action. If disciplinary action is taken, the final written decision relating to that
action is no longer confidential after the decision is completed if it imposes or
upholds discipline. If an arbitrator completely overturns or removes disciplinary
action from an employee personnel file, the final written decision is public except
that the employee's name must be deleted from the final written decision and kept
confidential. If the employee whose name was deleted from the final written decision
discloses that the employee is the person who is the subject of the final written
decision, the entire final written decision, with regard to that employee, is public.
For purposes of this subparagraph, "final written decision" means:
(a) The final written administrative decision that is not appealed pursuant to a
grievance arbitration procedure; or
(b) If the final written administrative decision is appealed to arbitration, the
final written decision of a neutral arbitrator.
A final written administrative decision that is appealed to arbitration is no longer
confidential 120 days after a written request for the decision is made to the employer
if the final written decision of the neutral arbitrator is not issued and released
before the expiration of the 120 days.
This paragraph does not preclude a union representative from having access to personnel
records that are necessary for the bargaining agent to carry out collective bargaining
responsibilities. Any records available to union representatives that are otherwise
covered by this paragraph remain confidential and are not open for public inspection; [2011, c. 449, §2 (NEW).]
C. Other information to which access by the general public is prohibited by law; and [2011, c. 449, §2 (NEW).]
D. Certain information for grievance and other proceedings. The retirement system may
release specific information designated confidential by this paragraph to be used
in negotiations, mediation, fact finding, arbitration, grievance proceedings and other
proceedings in which the retirement system is a party. For the purpose of this paragraph,
"other proceedings" means unemployment compensation proceedings, workers' compensation
proceedings, human rights proceedings and labor relations proceedings. [2011, c. 449, §2 (NEW).]
2011, c. 449, §2 (NEW)
6.Treatment of confidential information.
Confidential information provided under subsection 5 is governed by the following.
A. Only the information that is necessary and directly related to the proceeding may
be released. [2011, c. 449, §2 (NEW).]
B. The proceeding for which the confidential information is provided must be private
and not open to the public if possible. If the proceeding is open to the public,
the confidential information may not be disclosed except exclusively in the presence
of the fact finder, the parties and counsel of record and the employee who is the
subject of the proceeding and provisions are made to ensure that there is no public
access to the confidential information. [2011, c. 449, §2 (NEW).]
C. The retirement system may use this confidential information in proceedings and provide
copies to an employee organization if that organization is a party to the proceedings
and the information is directly related to those proceedings as defined by the applicable
collective bargaining agreement. Confidential personnel records in the possession
of the retirement system are not open to public inspection and are not public records. [2011, c. 449, §2 (NEW).]
2011, c. 449, §2 (NEW)
1989, c. 76, (NEW).
1991, c. 480, §2 (RPR).
1991, c. 580, §2 (AMD).
1991, c. 824, §A7 (RPR).
2003, c. 632, §1 (AMD).
2005, c. 149, §§1,2 (AMD).
2007, c. 47, §§1, 2 (AMD).
2007, c. 491, §70 (AMD).
RR 2009, c. 2, §3 (COR).
2009, c. 633, §1 (AMD).
2011, c. 449, §§1, 2 (AMD).
Data for this page extracted on 10/06/2014 08:43:22.
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