Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 17101 (2026)

Establishment

✓ current as of May 2026
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1.  Purpose.  There is established a retirement system, the functions and operations of which are under the supervision of the board, for the purpose of providing retirement allowances and other benefits under this Part for employees.  
[PL 1993, c. 410, Pt. L, §14 (AMD).]
2.  Name.  The retirement system is known as the "Maine Public Employees Retirement System" and by that name all of its business must be transacted, all of its funds invested and all of its cash and securities and other property held in trust for the purpose for which received.  
[PL 2007, c. 58, §1 (AMD).]
3.  Date of establishment.  The date of establishment of the retirement system is:  
A. July 1, 1942, for all employees who were employed by the State before July 1, 1947;   [PL 1985, c. 801, §§ 5, 7 (NEW).]
B. July 1, 1947, for employees employed for the first time after July 1, 1947;   [PL 1985, c. 801, §§ 5, 7 (NEW).]
C. July 1, 1947, for all teachers employed as teachers before July 1, 1947;   [PL 1985, c. 801, §§ 5, 7 (NEW).]
D. The date of participation set by the participating local district under section 18201; or   [PL 1985, c. 801, §§ 5, 7 (NEW).]
E. The date on which contributions were first made to any retirement system supported in whole or in part by the State, for all other employees.   [PL 1985, c. 801, §§ 5, 7 (NEW).]
[PL 1985, c. 801, §§ 5, 7 (NEW).]
4.  Corporation. 
[PL 1993, c. 410, Pt. L, §15 (RP).]
5.  Body corporate and politic.  The retirement system is a body corporate and politic and an incorporated public instrumentality of the State and the exercise of powers conferred by this Part are held to be the performance of essential government functions.  
[PL 1993, c. 410, Pt. L, §16 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1993, c. 410, §§L14-16 (AMD). PL 2007, c. 58, §1 (AMD).
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Notes of Decisions
Cited in 6 cases, 2008–2013 · leading case: Kelley v. Maine Pub. Employees Ret. Sys., 2009 ME 27 (Me. 2009).
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Kelley v. Maine Pub. Employees Ret. Sys., 2009 ME 27 (Me. 2009). “§ 58, 1 amended 5 M.R.S. § 17101(2) (2008) to change the name.”
Budge v. Town of Millinocket, 55 A.3d 484 (Me. 2012). “58, § 1 (codified at 5 M.R.S. § 17101(2) (2011)). . Although the Town contends that neither the town manager nor members of the Town Council promised to pay 100% of retirees’ group hospitalization insurance premiums indefinitely, we accept the employees’ properly supported…”
Mcphee v. Maine State Ret. Sys., 2009 ME 100 (Me. 2009). “20, 2007) (codified at 5 M.R.S. § 17101(2) (2008)). 3 . Title 5 M.”
Maine Ass'n of Retirees v. Bd. of Trs., 954 F. Supp. 2d 38 (D. Me. 2013). “5 M.R.S.A. § 17101. State employees and public school teachers are “members” of MePERS during their public employment, and required to make mandatory contributions into a pension fund.”
Olfene v. Bd. of Trs., Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2008). · cites it 2× “The System is created by 5 M.R.S. § 17101(5), which provides that "[t]he retirement system is a body corporate and politic and an incorporated public instrumentality of the State and the exercise of powers conferred by this Part are held to be the performance of essential…”
Bates v. The Bd. Of Trs., Maine State Ret. Sys. (Me. Super. Ct 2008). “" See 5 M.R.S. § 17101(2) (2007). 1982, he began working as a forest ranger in the DOC.”
— Me. Rev. Stat. tit. 5, § 17101(2) — 4 cases
Kelley v. Maine Pub. Employees Ret. Sys., 2009 ME 27 (Me. 2009). “§ 58, 1 amended 5 M.R.S. § 17101(2) (2008) to change the name.”
Budge v. Town of Millinocket, 55 A.3d 484 (Me. 2012). “58, § 1 (codified at 5 M.R.S. § 17101(2) (2011)). . Although the Town contends that neither the town manager nor members of the Town Council promised to pay 100% of retirees’ group hospitalization insurance premiums indefinitely, we accept the employees’ properly supported…”
Mcphee v. Maine State Ret. Sys., 2009 ME 100 (Me. 2009). “20, 2007) (codified at 5 M.R.S. § 17101(2) (2008)). 3 . Title 5 M.”
Bates v. The Bd. Of Trs., Maine State Ret. Sys. (Me. Super. Ct 2008). “" See 5 M.R.S. § 17101(2) (2007). 1982, he began working as a forest ranger in the DOC.”
— Me. Rev. Stat. tit. 5, § 17101(5) — 1 case
Olfene v. Bd. of Trs., Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2008). “The System is created by 5 M.R.S. § 17101(5), which provides that "[t]he retirement system is a body corporate and politic and an incorporated public instrumentality of the State and the exercise of powers conferred by this Part are held to be the performance of essential…”
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