An Act To Allow a Second Opportunity To Elect Coverage under the State Group Health Plan (AFfER DEADLINE)
Maine Legislature, Session 122, LD 2092
Committee: Labor
Sponsors: JACKSON, MARTIN, FARRINGTON
Amends: 5 MRSA §285

Legislative Document 
No. 2092 
H.P.1484 
House of Representatives, March 27, 2006 
An Act To Allow a Second Opportunity To Elect Coverage under 
the State Group Health Plan 
(AFfER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative JACKSON of Allagash. 
Cosponsored by Senator MARTIN of Aroostook and 
Representative: FARRINGTON of Gorham. 
Printed IlJl recycled paper 
17/~ 
/J7.7T/~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRS §285, sub-§l, ~G, as amended by PL 2001, c. 439, Pt. XX, §2, is 
further amended to read: 
G. 
Subject to subsection I-A, employees in any of the categories denominated in 
paragraphs A to F-l and paragraph F-3 who: 
(1) On April 26, 1968, have retired and who were covered under group health 
plans that by virtue of Public Law 1967, chapter 543 were terminated; 
(2) After April 26, 1968, retire and who on the date of their retirement are 
currently enrolled in this group health plan as employees; 
(3) After December 2, 1986, and after reaching normal retirement age, cease to 
be members of the Legislature and are recipients of retirement allowances from 
the Maine State Retirement System based upon creditable service as teachers, as 
defined by section 17001, subsection 42. This paragraph also applies to former 
members who were members on December 2, 1986; 
(4) After December 2, 1986, and not yet normal retirement age, cease to be 
members of the Legislature and are recipients of retirement allowances from the 
Maine State Retirement System based upon creditable service as teachers, as 
defined by section 17001, subsection 42. This paragraph also applies to former 
members who were members on December 2, 1986; or 
(5) 
After January 1, 1999, terminate employment under which they were 
eligible for the group health plan but do not retire at that time and who satisfy the 
requirements of subsection I-A, paragraph D ef.> paragraph E or paragraph F; 
Sec. 2. 5 MRSA §285, sub-§l-A, ~, as enacted by PL 1997, c. 652, §2 and 
affected by §4, is amended to read: 
D. 
If terminating employment but not retiring at that time, have 25 years of 
creditable service under chapter 423, subchapter I¥ 1: and remain a member of the 
Maine State Retirement System, make a one-time election to continue coverage from 
the date of termination until retirement and pay the cost of the coverage plus the cost 
incurred by the Division of State Employee Health Insurance in administering 
coverage under the plan. If a terminated employee who elects coverage under this 
paragraph fails to pay the cost of coverage and any administrative costs in the amount 
and manner determined by the division, the coverage may be cancelled in accordance 
with the requirements of Title 24 and Title 24-A. Regardless of election of coverage 
or cancellation of coverage under this paragraph, an employee terminating 
employment as provided in this paragraph may elect coverage upon retirement under 
paragraph E; ef 
Sec. 3. 5 MRS A §285, sub-§l-A, ~E, as enacted by PL 1997, c. 652, §2 and 
affected by §4, is amended to read: 
E. 
If Except as provided in paragraph F, if retiring and not in service immediately 
prior to retirement, have at least 25 years of creditable service under chapter 423, 
subchapter I¥ 1: and make a one-time election at retirement to rejoin the plan. 
-
Coverage of preexisting conditions upon rejoining the plan under this paragraph is 
governed by Title 24-A, chapter 36. The payment provisions of subsection 7 apply to 
retirees exercising the option under this paragraph~~ 
Sec. 4. 5 MRS A §285, sub-§l-A, ~F is enacted to read: 
F. If retiring after having previously terminated employment because that person's 
position as an employee of a school was eliminated due to the closure of that school, 
and either: 
(1) Make an election at retirement to rejoin the plan; or 
(2) Make an election after retirement to rejoin the plan, which election may be 
exercised only once and at any time after retirement. 
Coverage of preexisting conditions upon rejoining the plan under this paragraph is 
governed by Title 24-A, chapter 36. The payment provisions of subsection 7 apply to 
retirees exercising the option under this paragraph. 
SUMMARY 
Under current law, a person retiring who has at least 25 years of creditable service 
with the State may make a one-time election to rejoin the group health plan available to 
state employees and other eligible persons. This bill allows a person who previously 
terminated employment because that person's position as an employee of a school was 
eliminated due to the closure of that school to have a 2nd opportunity after retirement to 
elect to rejoin the plan.