CHAPTER 328

H.P. 922 - L.D. 1248

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 §18530, sub-§4, ¶B, as enacted by PL 1989, c. 409, §§11 and 12, is amended to read:

B. The reduction in the disability retirement benefit is governed as follows:

(1) The initial disability retirement benefit shall must be reduced if necessary so that the benefit plus any benefits under paragraph A do not exceed 80% of the person's average final compensation annual earnings.__ For the purposes of this subparagraph, "average annual earnings" means the total of the person's average final compensation plus other wages and earnings from employment for the calendar year in which the person has the highest total of other wages and earnings from employment during the 5 years immediately preceding the year in which the person became disabled;

(2) The amount determined by the calculation under subparagraph (1) shall not be adjusted when cost-of- living adjustments are applied to the benefits listed under paragraph A; and