6.__Employment exception.__A person is not required to accept employment that reasonably necessitates relocation or for which the person is not qualified, taking into consideration that person's prior compensation and benefits, training, education and experience, including training and education received under that person's rehabilitation plan.__ The disability retirement benefit may not be discontinued except as provided by section 17929 or until the person is reemployed consistent with this section.

Sec. 5. 5 MRSA §17927, first ¶, as amended by PL 1995, c. 643, §12, is further amended to read:

Rehabilitation services must may be provided to any person who is the recipient of a disability retirement benefit under this article whenever as a means to the person being able to return to substantially gainful activity.__Services may be provided when the executive director determines that rehabilitation is feasible, that rehabilitation is consistent with the purposes of this article and, that the recipient is suitable for rehabilitation services and that rehabilitation services are likely to lead to substantially gainful activity. When necessary appropriate, determination of suitability must include consultation with the medical board to determine any medical indications that the recipient should not engage in a rehabilitation program or to identify a recipient too severely disabled to benefit from rehabilitation services in accordance with the purposes of this article. Services must be provided by private and public rehabilitation counselors, government agencies and others approved by the executive director as qualified to provide rehabilitation services. The executive director shall consider a rehabilitation counselor's rate of successfully placing rehabilitated employees in jobs relative to the placement rates of other counselors in the State as fundamental in deciding whether to approve the counselor as qualified. Nothing in this section affects the ongoing requirement that a person remain disabled in order to continue to receive disability benefits.

For the purposes of this section, "person" means any person who is the recipient of a disability retirement benefit.

Sec. 6. 5 MRSA §17927, sub-§1, as enacted by PL 1989, c. 409, §§8 and 12, is amended to read:

1. Rehabilitation plan. If the executive director determines that rehabilitation is feasible and recommended, the retirement system shall designate a rehabilitation services provider to evaluate the person and develop a rehabilitation plan.