Maine § 17907. - Payment of benefit
Full text of Maine Maine Revised Statutes § 17907. — Payment of benefit, with citation guidance and answers to common questions.
§ 17907.. Payment of benefit
1. Beginning. If the chief executive officer receives the written application for disability retirement benefits within 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date of termination of active service of the member. If the chief executive officer receives the written application for disability retirement benefits more than 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date 6 months prior to the date of receipt by the chief executive officer of the written application, by or on behalf of the member, for disability retirement, provided that payment of benefits shall begin on the first day of the month following the date of termination of active service of the member if it is shown that:
A. It was not reasonably possible to file the application for disability retirement benefits within the 6-month period; and [PL 1987, c. 256, §15 (RPR).]
B. The application was made as soon as reasonably possible. [PL 1987, c. 256, §15 (RPR).]
2. Cessation. Payment of disability retirement benefits shall continue so long as a person is disabled, except that:
A. The disability retirement benefit ceases and eligibility for a service retirement benefit begins:
(2) On the last day of the month in which the service retirement benefit of the beneficiary would equal or exceed the amount of the beneficiary's disability retirement benefit, if that occurs before the 10th anniversary of the beneficiary's normal retirement age. [PL 1997, c. 384, §6 (RPR).]
B. After the disability has continued for 5 years, the disability of the beneficiary must render 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.
(2) If the beneficiary refuses to submit to the examination or tests under subparagraph (1), the beneficiary's disability retirement benefit is discontinued until the beneficiary withdraws the refusal.
(3) If the beneficiary's refusal under subparagraph (2) continues for one year, all the beneficiary's rights to any further benefits under this article cease.
(4) If it is determined, on the basis of the examination or tests under subparagraph (1), that the disability of a beneficiary no longer exists, the payment of the beneficiary's disability retirement benefit ceases; [PL 2003, c. 675, §1 (AMD); PL 2021, c. 548, §45 (REV).]
C. The person's average final compensation at retirement shall include the same percentage adjustments, if any, that would apply to the amount of retirement benefit of the beneficiary under section 17806; and [PL 1987, c. 256, §17 (AMD).]
D. A full month's benefit must be paid to the beneficiary or estate of the disability retirement recipient for the month in which the disability retirement recipient dies. [RR 2023, c. 2, Pt. B, §125 (COR).]
Frequently Asked Questions About Maine § 17907.
What does Maine Revised Statutes § 17907. cover?
Section 17907. ("Payment of benefit") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 17907.?
A common citation format is "Maine Revised Statutes § 17907." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 17907. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.