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Maine Revised Statutes Title 5. Administrative Procedures and Services § 18556. Special survivor benefit option

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Manner of adoption. A participating local district may adopt the special survivor benefit option under this section in addition to the benefits provided under section 18553 in the manner set forth in section 18202.

2. Limitation of beneficiaries. A participating local district which adopts this section may limit the designated beneficiaries eligible for these benefits and may limit the undesignated beneficiaries eligible for benefits if no beneficiary is designated. Any later change in the designation of the beneficiaries must be made in accordance with section 18202.

3. Effective date. A participating local district that elects to adopt this section shall designate January 1, 1987 for purposes of determining which persons currently receiving benefits under section 18553, subsections 3 to 5, may elect benefits under this section, if eligible. Benefit recomputation and payment for any person electing benefits under this section become effective on the first day of the month following notification to the board of the adoption of this section.

4. Retroactive adoption of this section. In a participating local district which has adopted this section retroactively, a person currently receiving benefits under section 18553, subsections 3 to 5 may, if eligible, elect to receive benefits under this section in lieu of benefits under section 18553, subsections 3 to 5 under the following conditions.

A. The person must apply in writing to the chief executive officer.

B. The application must be received by the chief executive officer within 6 months after the notification to the board by the participating local district adopting this section.

5. Election of benefit. In lieu of accepting the benefits under section 18553, the first listed of the beneficiaries under paragraph A or B, whichever applies, may, if living at the death of the qualifying member, elect the benefits in this section, if the deceased qualifying member had 20 years of creditable service at the time of the qualifying member’s death.

A. If a beneficiary was designated under section 18552, the following designated beneficiaries of the deceased are eligible to make the election under this subsection:

(1) Surviving spouse;

(2) Dependent child or dependent children; or

(3) Parent or parents.

B. If no beneficiary was designated under section 18552, the following relatives of the deceased, if any, alive at the qualifying member's death are eligible to make the election under this subsection:

(1) Surviving spouse;

(2) Dependent child or dependent children; or

(3) Parent or parents.

6. Payment of benefits. Benefits under this section shall be paid as follows.

A. The benefit must be computed in accordance with section 18452, subsection 1, and must be reduced in accordance with section 18452, subsection 3, as if the service retirement of the qualifying member had taken place on the date of the qualifying member’s death.

B. The beneficiary shall be paid, beginning the first month after the death of the qualifying member and continuing until the date of the beneficiary's death.

C. Benefits under this section shall be paid in accordance with section 18404, subsection 3.

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Cite this article: FindLaw.com - Maine Revised Statutes Title 5. Administrative Procedures and Services § 18556. Special survivor benefit option - last updated January 01, 2025 | https://codes.findlaw.com/me/title-5-administrative-procedures-and-services/me-rev-st-tit-5-sect-18556/

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