Sec. 1. 5 MRSA §17924, sub-§1, as amended by PL 1997, c. 384, §7, is further amended to read:

1. Qualification. Except as provided in subsection 2, a member qualifies for a disability retirement benefit if disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 7, before normal retirement age. A member is qualified for a disability retirement benefit only if the member has received a written finding of disability from a physician licensed under Title 32, chapter 36 or 48.

Sec. 2. 5 MRSA §17925, sub-§1, as amended by PL 1995, c. 643, §§9 and 10, is further amended to read:

1. Written application. The person must apply in writing to the executive director in the format specified by the executive director. The application must include a written finding of disability from a physician licensed under Title 32, chapter 36 or 48.

A. The executive director shall obtain medical consultation on each applicant for disability in accordance with related rules established by the board, which must include provisions indicating when a case must be reviewed by a medical board and when alternative means of medical consultation are acceptable. Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter II-A. Whether provided by the medical board or by an alternative means, medical consultation obtained by the executive director must be objective and be provided by a physician or physicians qualified to review the case by specialty or experience and to whom the applicant is not known.

SUMMARY

This bill amends the law relating to disability benefits under the Maine State Retirement System to require that a person receive a written finding of disability from a physician in order to receive disability benefits.