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

Me. Rev. Stat. tit. 5, § 17929 (2026)

Payment of benefit

✓ current as of May 2026
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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).]
[PL 1989, c. 409, §§8, 12 (NEW); PL 2021, c. 548, §45 (REV).]
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).]
[PL 2021, c. 277, §25 (AMD); PL 2021, c. 277, §45 (AFF); PL 2021, c. 548, §45 (REV).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 1991, c. 887, §9 (AMD). PL 1995, c. 643, §15 (AMD). PL 1997, c. 384, §9 (AMD). PL 2003, c. 675, §2 (AMD). PL 2021, c. 277, §25 (AMD). PL 2021, c. 277, §45 (AFF). PL 2021, c. 548, §45 (REV).
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Notes of Decisions
Cited in 5 cases, 1997–2016 · leading case: Rodriques v. Maine State Ret. Sys., 691 A.2d 1205 (Me. 1997).
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Rodriques v. Maine State Ret. Sys., 691 A.2d 1205 (Me. 1997). · cites it 5× “[¶3] In 1994, the executive director of the Maine State Retirement System conducted a periodic review of Rodriques’ disability pursuant to 5 M.R.S.A. § 17929(2)(B) (Supp. 1996). 1 This included the consideration of a report of Richard Greenberg, an orthopedic surgeon, the sole…”
Knoll v. Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2016). · cites it 2× “5 M.R.S. § 17929. In order to be eligible for continuing disability benefits, after two years the individual must show that the disability continues to render the individual unable to engage in substantially gainful activity "that is consistent with the person's training,…”
Quintal v. Maine State Ret. Sys. (Me. Super. Ct 2004). · cites it 2× “5 M.RS.A. § 17929((2)(B)(1). The Code of Maine Regulations defines “substantial gainful activity” for the purposes of the above statute as “tasks or efforts that are or could be performed in sucha manner as to generate remuneration in an amount which is consistent with average…”
Willis v. Maine State Ret. Sys. (Me. Super. Ct 2003). “A reduction in the amount of creditable service caused by disallowance of earnable compensation may delay the time when petitioner’s service retirement benefits would become equal to or exceed the amount of the disability retirement benefits in accordance with 5 M.R.S.A. §…”
Davidson v. Maine State Ret. Sys. (Me. Super. Ct 2000). “” 5 M.R.S.A. § 17929(2)(B) (Supp. 1999). The Retirement System Rules provide guidance in determining whether an activity is consistent with the claimant’s training, education or experience.”
— Me. Rev. Stat. tit. 5, § 17929(2)(A) — 1 case
Willis v. Maine State Ret. Sys. (Me. Super. Ct 2003). “A reduction in the amount of creditable service caused by disallowance of earnable compensation may delay the time when petitioner’s service retirement benefits would become equal to or exceed the amount of the disability retirement benefits in accordance with 5 M.R.S.A. §…”
— Me. Rev. Stat. tit. 5, § 17929(2)(B) — 2 cases
Rodriques v. Maine State Ret. Sys., 691 A.2d 1205 (Me. 1997). “[¶3] In 1994, the executive director of the Maine State Retirement System conducted a periodic review of Rodriques’ disability pursuant to 5 M.R.S.A. § 17929(2)(B) (Supp. 1996). 1 This included the consideration of a report of Richard Greenberg, an orthopedic surgeon, the sole…”
Davidson v. Maine State Ret. Sys. (Me. Super. Ct 2000). “” 5 M.R.S.A. § 17929(2)(B) (Supp. 1999). The Retirement System Rules provide guidance in determining whether an activity is consistent with the claimant’s training, education or experience.”
— Me. Rev. Stat. tit. 5, § 17929(2)(B)(1) — 2 cases
Rodriques v. Maine State Ret. Sys., 691 A.2d 1205 (Me. 1997). “[¶3] In 1994, the executive director of the Maine State Retirement System conducted a periodic review of Rodriques’ disability pursuant to 5 M.R.S.A. § 17929(2)(B) (Supp. 1996). 1 This included the consideration of a report of Richard Greenberg, an orthopedic surgeon, the sole…”
Quintal v. Maine State Ret. Sys. (Me. Super. Ct 2004). “5 M.RS.A. § 17929((2)(B)(1). The Code of Maine Regulations defines “substantial gainful activity” for the purposes of the above statute as “tasks or efforts that are or could be performed in sucha manner as to generate remuneration in an amount which is consistent with average…”
— Me. Rev. Stat. tit. 5, § 17929(2)(B)(l) — 1 case
Knoll v. Maine Pub. Employees Ret. Sys. (Me. Super. Ct 2016). “5 M.R.S. § 17929. In order to be eligible for continuing disability benefits, after two years the individual must show that the disability continues to render the individual unable to engage in substantially gainful activity "that is consistent with the person's training,…”
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