Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 17924 (2026)

Qualification for benefit

✓ current as of May 2026

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1. Qualification. Except as provided in subsection 2, a member qualifies for a disability retirement benefit if disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, section 7, before normal retirement age.

A. [PL 1991, c. 887, §7 (RP).]

B. [PL 1991, c. 887, §7 (RP).]

[PL 1997, c. 384, §7 (AMD).]

2. Exception. A member with fewer than 5 years of creditable service preceding that member's last date in service is not eligible for a disability retirement benefit if the disability is the result of a physical or mental condition that existed before the member's membership in a retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member's employment.

[PL 2025, c. 221, §26 (AMD).]

3. Qualification of a disabled veteran. Subject to the provisions in subsections 1 and 2, if a member applying for a disability retirement benefit is receiving disability compensation from the United States Department of Veterans Affairs for a service-connected disability based on a determination of individual unemployability pursuant to 38 Code of Federal Regulations, Section 4.16, it is presumed that the member is disabled under section 17921, subsection 1. This presumption may be rebutted only by evidence not considered by the United States Department of Veterans Affairs in making the individual unemployability determination. Notwithstanding section 17922, this subsection applies to any application for a disability retirement benefit made by a member on or after October 1, 2018.

[PL 2017, c. 384, §1 (NEW).]

SECTION HISTORY

PL 1989, c. 409, §§8,12 (NEW). PL 1991, c. 434, §2 (AMD). PL 1991, c. 887, §7 (AMD). PL 1997, c. 384, §7 (AMD). PL 2007, c. 491, §177 (AMD). PL 2009, c. 322, §8 (AMD). PL 2017, c. 384, §1 (AMD). PL 2025, c. 221, §26 (AMD).

Notes of Decisions

Cited in 13 cases, 1996–2019 · leading case: Hale-Rice v. Maine State Ret. Sys., 1997 ME 64 (Me. 1997).

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Hale-Rice v. Maine State Ret. Sys., 1997 ME 64 (Me. 1997). “5 M.R.S.A § 17924. “Disabled” means that a member is “mentally or physically incapacitated” under the following conditions: A The incapacity is expected to be permanent; B.”

Douglas v. Bd. of Trs., 669 A.2d 177 (Me. 1996). “The Statute ? 5 M.R.S.A. § 17924(1) (Supp. 1994) provides in pertinent part: 1.”

Mcphee v. Maine State Ret. Sys., 2009 ME 100 (Me. 2009). “” The preceding language directs that Sharon shall also receive any “disability retirement benefits.”

Leavitt v. State of Maine (Me. Super. Ct 2002). · cites it 2× “§ 17924 (2), which provides that in order to be eligible for disability retirement benefits, a member must demonstrate that the pre- existing condition was “substantially aggravated by an accident or injury received in the line of duty but from events or circumstances not…”

Heath v. Bd. of Trs., MainePers (Me. Super. Ct 2016). “The MERS Medical Board was established to provide expert advice to MPERS on the existence of physical and mental functional limitations entitling an applicant to benefits.”

Hudson v. Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2016). “According to its basis statement, Chapter 50l's application is limited to "persons who were members of the M.”

Stevens v. Bd. of Trs. for the Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2018). “" A member is "disabled" if the member is mentally or physically incapacitated under the following conditions: A The incapacity is expected to be permanent;· B.”

Bocchino v. Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2019). “" 5 M.R.S. § 17924(1). An MPERS member is "disabled" if they are "mentally or physically incapacitated under the following conditions: A.”

Greene v. Maine State Ret. Sys. (Me. Super. Ct 2002). “The basis of the denial was 5 M.R.S.A. § 17924. That section provides that a member qualifies for disability retirement benefits if he becomes disabled while in service for the State and, if a member of the Maine State Retirement System is covered under the law as written prior…”

Thomas v. Maine State Ret. Sys. (Me. Super. Ct 2008). “" 5 M.R.S.A. § 17924(2). 4 Petitioner argues that this provision requires that she have the opportunity to cross- examine the medical board especially in light of the Board's change of opinion as to the timing of her fibromyalgia diagnosis.”

Rossignol v. Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2015). “" 5 M.R.S.A. § 17924(1). "Disabled" means that the member is mentally or physically incapacitated under the following conditions: A.”

Jalbert v. Maine Pub. Employees Retirment Sys. (Me. Super. Ct 2015). “" 5 M.R.S. § 17924 provides that "a member qualifies for a disability retirement benefit if disabled while in service and .”

Show all 13 citing cases →

— Me. Rev. Stat. tit. 5, § 17924(1) — 4 cases

Douglas v. Bd. of Trs., 669 A.2d 177 (Me. 1996). “The Statute ? 5 M.R.S.A. § 17924(1) (Supp. 1994) provides in pertinent part: 1.”

Mcphee v. Maine State Ret. Sys., 2009 ME 100 (Me. 2009). “” The preceding language directs that Sharon shall also receive any “disability retirement benefits.”

Bocchino v. Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2019). “" 5 M.R.S. § 17924(1). An MPERS member is "disabled" if they are "mentally or physically incapacitated under the following conditions: A.”

Rossignol v. Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2015). “" 5 M.R.S.A. § 17924(1). "Disabled" means that the member is mentally or physically incapacitated under the following conditions: A.”

— Me. Rev. Stat. tit. 5, § 17924(2) — 1 case

Thomas v. Maine State Ret. Sys. (Me. Super. Ct 2008). “" 5 M.R.S.A. § 17924(2). 4 Petitioner argues that this provision requires that she have the opportunity to cross- examine the medical board especially in light of the Board's change of opinion as to the timing of her fibromyalgia diagnosis.”

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