An Act To Amend the Reporting Requirements of the Workers Compensation Management Fund
Maine Legislature, Session 126, LD 1385
Committee: Appropriations and Financial Affairs
Sponsors: FITZPATRICK
Amends: 5 MRSA §1833

Legislative Document 
No. 1385 
H.P. 988 
House of Representatives, April 10, 2013 
An Act To Amend the Reporting Requirements of the Workers' 
Compensation Management Fund 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FITZPATRICK of Houlton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §1833, sub-§1, as enacted by PL 1989, c. 501, Pt. P, §16, is 
amended to read: 
1.  Capitalization; premiums.  The fund shall be is capitalized by legislative 
appropriations, payment from state departments and agencies and by other appropriate 
means. 
On or before July 1st of each year, the Department of Administrative and Financial 
Services, Division of Employee Health and Benefits shall inform the State Budget Officer 
of quarterly premium charges for the fiscal year.  The State Budget Officer shall advise 
any affected department or agency of the premium charges so that they may be 
incorporated into the normal budgetary process.  An agency that does not have sufficient 
funding to pay the required premium charges shall request funds from the Legislature. 
All state departments and agencies shall make premium payments to the fund at the 
beginning of each quarter based on charges to user departments.  Premiums charged to 
user departments shall must be based on an analysis of the loss experience of each 
department, the reserve requirements related to departmental loss experience and the 
recovery of expenses as authorized in this section as related to each user department.  
Each department shall allocate the premium charge based on an analysis of the loss 
experience of each account or subdivision of account within the department.  Premiums 
charged shall must be sufficient to ensure the continuation of the fund and shall be set by 
the commissioner. 
Funds received from the reserve fund for self-insured retention losses under section 1731 
shall must be repaid to that reserve fund through premiums charged except that, on the 
request of the commissioner, the Governor may waive repayment to the reserve fund 
when warranted and necessary. 
Sec. 2.  5 MRSA §1833, sub-§2, as amended by PL 1991, c. 780, Pt. Y, §73, is 
repealed. 
SUMMARY 
Current law requires the Commissioner of Administrative and Financial Services to 
provide to the State Budget Officer and departments and agencies notice of quarterly 
premium payments due to the Workers' Compensation Management Fund so that the 
charges may be incorporated into the normal budgetary process.  This bill instead requires 
the Department of Administrative and Financial Services, Division of Employee Health 
and Benefits to inform the State Budget Officer of the premium charges for the fiscal 
year, and directs the State Budget Officer to advise any affected department or agency so 
those charges may be incorporated into the normal budgetary process.  This bill also 
removes transitional language that was applicable in the 114th Legislature.