Maine § 17929. - Payment of benefit

Full text of Maine Maine Revised Statutes § 17929. — Payment of benefit, with citation guidance and answers to common questions.

§ 17929.. Payment of benefit

1.  Beginning.  Payment of disability retirement benefits shall begin on the first day of the month following the date of termination of active service of the member, but not more than 6 months before the date of receipt by the chief executive officer of the written application, by or on behalf of the member, for disability retirement, unless 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 1989, c. 409, §§8, 12 (NEW).]

B. The application was made as soon as reasonably possible.   [PL 1989, c. 409, §§8, 12 (NEW).]

2.  Cessation.  Payment of disability retirement benefits shall continue as long as a person is disabled, except that:

A. The disability retirement benefit ceases and a service retirement benefit begins when the service retirement benefit of a person equals or exceeds the amount of the disability retirement benefit.  

(1) When calculating the person's service retirement benefit, the average final compensation is the average final compensation at the time that person terminated active service before receiving disability retirement benefits adjusted by the same percentage adjustments, if any, that were applied to the disability retirement benefits under section 17806.  

(2) The person is entitled to receive service credit for the purpose of determining benefits under this Part for the period following termination of service for which that person receives disability retirement benefits under this article.   [PL 1991, c. 887, §9 (AMD).]

A-1. For a person who by election or by having retired on disability retirement prior to October 16, 1992, remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 9, the disability retirement benefit ceases:  

(1) On the last day of the month in which the 10th anniversary of the beneficiary's normal retirement age, as defined in section 17001, subsection 23, occurs; or  

(2) When the service retirement benefit of a person equals or exceeds the amount of the disability retirement benefit, if that occurs before the beneficiary's normal retirement age.   [PL 1997, c. 384, §9 (NEW).]

B. The chief executive officer may require, once each year, that the person undergo examinations or tests, conducted in accordance with section 17926, to determine the person's disability.  

(1) After the disability has continued for 2 years, the disability must render the person unable to engage in any substantially gainful activity that is consistent with the person's training, education or experience and average final compensation adjusted by the same percentage adjustment as has been received under section 17806. The disability retirement benefit continues if the person can effectively demonstrate to the chief executive officer that the person is actively seeking work. For the purposes of this subparagraph, 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 person refuses to submit to the examinations or tests under this paragraph, the disability retirement benefit is discontinued until that person withdraws the refusal.  

(3) If the person's refusal under subparagraph (2) continues for one year, all rights to any further benefits under this article cease.  

(4) If it is determined, on the basis of the examinations or tests under this paragraph, that the disability of a person no longer exists, the payment of the disability retirement benefit ceases.  

(5) The chief executive officer shall notify the person in writing of the decision to discontinue the disability retirement allowance under subparagraph (2) or (4).  

(a) The decision is subject to appeal under section 17451.  

(b) If the person appeals the chief executive officer's decision, the disability retirement allowance may not be discontinued until all appeals have been exhausted.   [PL 2021, c. 277, §25 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]

Source: official Maine text · Last verified 2026-08-27

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Frequently Asked Questions About Maine § 17929.

What does Maine Revised Statutes § 17929. cover?

Section 17929. ("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 § 17929.?

A common citation format is "Maine Revised Statutes § 17929." (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 § 17929. 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.