CHAPTER 675

H.P. 1336 - L.D. 1814

An Act Concerning Disability Retirement Benefits under the

Maine State Retirement System

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §17907, sub-§2, ¶B, as amended by PL 1987, c. 256, §17, is further amended to read:

B. After the disability has continued for 5 years, the disability of the beneficiary must render him the beneficiary unable to engage in any substantially gainful activity for which the beneficiary is qualified by training, education or experience. For purposes of this paragraph, the ability to engage in substantially gainful activity is demonstrated by the ability to perform work resulting in annual earnings that exceed $20,000 or 80%__of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 17806.

(1) The executive director may require, once each year, a recipient of a disability retirement benefit to undergo medical examinations or tests, conducted in accordance with section 17903, to determine the disability of the beneficiary.

(2) If the beneficiary refuses to submit to the examination or tests under subparagraph (1), his the beneficiary's disability retirement benefit shall be is discontinued until he the beneficiary withdraws the refusal.