Section 411-410-6 - Restrictions on Retirement Benefit Payments1. Notwithstanding a bona fide termination of employment, MainePERS is restricted by current federal law and rule from paying benefits to a retiree who has not reached Normal Retirement Age and who returns to employment after retirement with the same employer. For members whose retirement becomes effective after the effective date of this rule, the restrictions shall be as follows: A. When a retiree who has not reached Normal Retirement Age returns to employment after retirement with the same employer, MainePERS shall suspend the retiree's service retirement benefits, beginning the first day of the month following the retiree's return to employment. A retiree who returns to employment after retirement with the same employer without benefits suspension is responsible for repayment to MainePERS of the full amount of any retirement benefits that were subject to suspension but paid to the retiree.B. The benefits suspension will remain in effect until the earlier of the retiree's attainment of Normal Retirement Age or the retiree's termination of his/her employment after retirement with the same employer. If the triggering event is termination, the retiree and the employer must each certify to and in the manner required by MainePERS that the retiree has terminated employment.C. The benefits will be reinstated beginning the first day of the month following the month in which the event triggering reinstatement occurs. Monthly benefits paid after reinstatement will be increased by an actuarial adjustment accounting for the period of suspension.D. A member whose retirement is effective no later than May 3, 2004 is not subject to these restrictions. A member whose retirement is effective no later than July 1, 2004 is not subject to the restrictions if the member has, no later than May 3, 2004, initiated the retirement process with MainePERS by submitting a written request for a service retirement benefits estimate specifying an effective date of retirement not later than July 1, 2004.2. This section is not applicable to a retiree who returns to employment after retirement with the same employer if the retiree returns to employment for no more than 90 days in one year, which days may be consecutive. "Year" is defined to be consistent with MainePERS statutes and rules governing the employer with whom the retiree returns to employment.94- 411 C.M.R. ch. 410, § 6