An Act To Allow County Corrections Officers To Participate in the Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program
Maine Legislature, Session 127, LD 1206
Committee: Appropriations and Financial Affairs
Sponsors: TUCKER, PATRICK, ALLEY, BRYANT, CAMPBELL, CHENETTE, HOBBINS, MARTIN, DUTREMBLE, VALENTINO
Amends: 5 MRSA §286-M

Legislative Document 
No. 1206 
H.P. 824 
House of Representatives, April 2, 2015 
An Act To Allow County Corrections Officers To Participate in the 
Retired County and Municipal Law Enforcement Officers and 
Municipal Firefighters Health Insurance Program 
Reference to the Committee on Appropriations and Financial Affairs suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative TUCKER of Brunswick. 
Cosponsored by Senator PATRICK of Oxford and 
Representatives: ALLEY of Beals, BRYANT of Windham, CAMPBELL of Newfield, 
CHENETTE of Saco, HOBBINS of Saco, MARTIN of Sinclair, Senators: DUTREMBLE of 
York, VALENTINO of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §286-M, as enacted by PL 2005, c. 636, Pt. A, §3 and amended 
by PL 2007, c. 58, §3, is further amended to read: 
§286-M.  Retired County and Municipal Law Enforcement Officers, County 
Corrections Officers and Municipal Firefighters Health Insurance Program 
1.  Program established.  The Retired County and Municipal Law Enforcement 
Officers, County Corrections Officers and Municipal Firefighters Health Insurance 
Program is established to provide health insurance coverage to retired county and 
municipal law enforcement officers, retired county corrections officers and retired 
municipal firefighters. 
2.  Definitions.  As used in this subchapter, the following terms have the following 
meanings. 
A.  "County or municipal law enforcement officer" means a person who by virtue of 
employment by a county or municipal government in the State is vested by law with 
the power to make arrests for crimes or serve criminal process, whether that power 
extends to all crimes or is limited to specific crimes.  "County or municipal law 
enforcement officer" does not include a state or federal law enforcement officer, an 
attorney prosecuting for a county or municipal government or a reserve officer. 
A-1.  "County corrections officer" means an employee in a prison, jail or house of 
correction of a county whose normal duties include the care, custody and supervision 
of prisoners. 
B.  "Dependent" means a spouse, an unmarried child under 19 years of age, a child 
who is a student under 23 years of age and financially dependent upon the enrollee, a 
child of any age who is disabled and dependent upon the enrollee or a domestic 
partner as defined in Title 24-A, section 2741-A. 
C.  "Division" means the Department of Administrative and Financial Services, 
Division of State Employee Health Insurance. 
D.  "Enrollee" means a county or municipal law enforcement officer, county 
corrections officer or municipal firefighter who has enrolled in the program. 
E.  "Fund" means the Firefighters and, Law Enforcement Officers and Corrections 
Officers Health Insurance Program Fund established in subsection 7. 
F.  "Group health plan" or "group health insurance plan" means any employer-
sponsored group health insurance plan, whether self-insured or fully insured,  that 
provides coverage to eligible employees, retirees and their dependents. 
G.  "Majority multiple-employer welfare arrangement" means the multiple-employer 
welfare arrangement, as defined in Title 24-A, section 6601, subsection 5, in which 
the majority of state municipal government employees are enrolled as of the effective 
date of this section. 
H.  "Municipal firefighter" means a person employed by a municipal fire department 
with the primary responsibility of aiding in the extinguishment of fires and includes a 
member of emergency medical services line personnel but does not include a member 
of a volunteer firefighter association.  For the purposes of this paragraph, "emergency 
medical services line personnel" means persons who are career employees employed 
full-time by a public sector agency or employer and whose primary responsibility is 
to provide emergency medical services. 
I.  "Program" means the Retired County and Municipal Law Enforcement Officers, 
County Corrections Officers and Municipal Firefighters Health Insurance Program 
established in this section. 
3.  Eligibility for program coverage. A person must make contributions pursuant to 
subsection 8 for 60 months or the payment required pursuant to subsection 9 in order to 
be eligible for coverage under the program.  In addition, a person must satisfy the 
eligibility criteria specified in this subsection as follows: 
A.    The person must: 
(1)  Be at least 50 years of age; 
(2)  Be a retired county or municipal law enforcement officer, a retired county 
corrections officer or a retired municipal firefighter; 
(3)  Have, while actively employed as a county or municipal law enforcement 
officer, a county corrections officer or a municipal firefighter, participated in the 
person's employer's health insurance plan or other fully-insured health insurance 
plan; and 
(4)  Receive or be eligible to receive: 
(a)  If retired from at least 25 years of service in a position as a county or 
municipal law enforcement officer, a county corrections officer or a 
municipal firefighter, a retirement benefit from the Maine Public Employees 
Retirement System or a defined contribution retirement plan other than the 
United States Social Security Act; or 
(b)  If retired from less than 25 years of service in a position as a county or 
municipal law enforcement officer, a county corrections officer or a 
municipal firefighter, a retirement benefit from the Maine Public Employees 
Retirement System or a defined contribution retirement plan other than the 
United States Social Security Act, as long as the benefit provided is at least 
50% of average final compensation, with no reduction for early retirement 
and with or without a cost-of-living adjustment; or 
B.    The person must be a dependent of a person meeting the criteria of paragraph A. 
4.  Program administration.  The program is administered by the division.  The 
division shall: 
A.    Enter into administrative arrangements with fully insured health insurance 
product vendors to implement the purposes of this section; 
B.    Remit authorized premium subsidy payments for enrolled eligible persons and 
enrolled dependents to any fully insured group health insurance plans on a periodic 
basis, as established by agreements with the providers of those plans. The dollar 
value of the subsidy payment may vary with the premium cost of the benefit plan in 
which the enrollee participates; and 
C.    Adopt rules to implement the purposes of this section, including the 
determination of the program subsidy for enrollees pursuant to subsection 6.  Rules 
adopted under this subsection are routine technical rules as defined in chapter 375, 
subchapter 2-A. 
5.  Enrollment.  A county or municipal law enforcement officer, a county corrections 
officer, a municipal firefighter or a person retired from such a position is eligible to enroll 
in the program.  An eligible person who fails to enroll in the program pursuant to this 
subsection is not otherwise eligible to enroll in the program and is not eligible for the 
premium subsidy provided pursuant to this section for enrollment in any other health 
plan.  Notwithstanding the date of enrollment, insurance coverage is not effective until 
the date of retirement or July 1, 2007, whichever occurs later.  Eligible persons may 
enroll themselves, their spouses and their dependents in the program during the following 
time periods: 
A.    When the effective date of hire of the eligible person is on or before November 
1, 2006, the eligible person must enroll in the program before January 1, 2007, 
subject to the enrollment and eligibility requirements of the applicable group health 
plan; 
B.   When the effective date of hire of the eligible person is after November 1, 2006, 
the eligible person must enroll in the program no later than 60 days following the 
effective date of hire, subject to the enrollment and eligibility requirements of the 
applicable group health plan; or 
C.    Notwithstanding paragraphs A and B, when the eligible person, the eligible 
person's spouse or the eligible person's dependent experiences an involuntary loss of 
other health insurance coverage carried as of January 1, 2007 or 60 days following 
the date of the eligible person's hire, whichever is later, the eligible person may elect 
to enroll in the program no later than 60 days after the effective date of the loss of 
that coverage, subject to the enrollment and eligibility requirements of the applicable 
group health plan.  Involuntary loss of coverage does not include a loss of coverage 
arising as a result of nonpayment of premiums. 
6.  Premiums; subsidy.  Premiums for the program and the premium subsidy are 
subject to the provisions of this subsection.  Premium subsidies are not provided for 
supplemental health insurance coverage. 
A.    An enrollee participating in the majority multiple-employer welfare arrangement 
is responsible for the premium payment associated with the cost of the majority 
multiple-employer welfare arrangement benefit option in which the enrollee is 
participating, to the extent such premium obligations exist following the application 
of any premium subsidy authorized by law.  An enrollee who fails to remit the 
premium payments as established and required by the majority multiple-employer 
welfare arrangement must be disenrolled from the program.  Beginning July 1, 2007, 
the State shall provide a premium subsidy for enrollees in the form of a direct 
payment to the majority multiple-employer welfare arrangement for each enrollee. 
The level of the subsidy must equal 45% of the individual premium cost for the 
enrollee and varies among enrollees depending upon the terms of the majority 
multiple-employer welfare arrangement coverage plan in which each enrollee is 
participating. Enrollees are responsible for the balance of the applicable individual 
premium, as well as the total cost of the premium for any applicable dependent 
coverage, and shall make payments directly to the majority multiple-employer 
welfare arrangement. 
B.    Enrollees retiring from counties or municipalities that do not participate in the 
majority multiple-employer welfare arrangement but who are eligible and elect to 
participate in that county's or municipality's fully insured health benefits plan are 
responsible for the premium payment associated with the cost of that plan, to the 
extent such premium obligations exist following the application of any premium 
subsidy authorized by law.  An enrollee who fails to remit the premium payments as 
established and required by the fully insured plan must be disenrolled from the 
program.  Beginning July 1, 2007, the State shall provide a premium subsidy for 
enrollees participating in fully insured health benefits plans pursuant to this 
subsection.  This subsidy must be made in the form of a direct payment to the 
enrollee's health benefits plan and must equal 45% of the individual premium cost for 
the enrollee or a dollar amount equivalent to the highest premium subsidy provided in 
accordance with paragraph A, whichever is less. A retiree electing to enroll a spouse 
or a dependent in the program is responsible for payment of 100% of such coverage 
in addition to that portion of the retiree's individual premium cost not contributed by 
the State. 
7.  Fund established.  The Firefighters and, Law Enforcement Officers and 
Corrections Officers Health Insurance Program Fund is established as a nonlapsing, 
dedicated account administered by the division.  Money appropriated by law for the 
purpose of paying premium subsidies must be deposited in the fund.  Premium dividends 
accruing to the State, return of premiums resulting from risk reduction programs, active 
employee contributions pursuant to subsection 8 and any other receipts must be deposited 
into the fund to be used for the purposes of the program. The fund is a pooled account.  
Individual law enforcement officers, corrections officers and firefighters do not have a 
right to money deposited in the fund except to the extent premium subsidies are available 
to program enrollees. 
8.  Employee contributions to the fund. The contributions of enrollees to the fund 
are governed by this subsection. 
A.    Beginning January 1, 2007, each enrollee who participates as an active 
employee in a retirement plan shall contribute 1.5% of that enrollee's gross wages to 
the fund. 
B.    The employer of an enrollee required to contribute to the fund shall remit on a 
monthly basis that enrollee's contribution to the fund. 
9.  Retirees without 5 years of contributions to fund.  A person who retires without 
making 60 months of contributions to the fund but who meets the other eligibility criteria 
of subsection 3, referred to in this subsection as "the retiree," is eligible to participate 
pursuant to this subsection. 
A.    The retiree is eligible for coverage under the program upon enrollment. 
B.    The retiree shall pay the dollar equivalent of the retiree's scheduled contributions 
based upon the following schedule: 
 (1)  A retiree who is at least 50 years of age and under 55 years of age shall pay 
2% of that retiree's average final monthly compensation multiplied by 60; 
 (2)  A retiree who is at least 55 years of age and under 60 years of age shall pay 
1.75% of that retiree's average final monthly compensation multiplied by 60; and 
 (3)  A retiree who is at least 60 years of age shall pay 1.5% of that retiree's 
average final monthly compensation multiplied by 60. 
As used in this paragraph, "average final monthly compensation" means the average 
annual rate of earnable compensation, divided by 12, of a retiree during the 3 years of 
creditable service as a county or municipal law enforcement officer, county 
corrections officer or municipal firefighter, not necessarily consecutive, in which the 
average annual rate of earnable compensation is highest or during the retiree's entire 
period of creditable service as a county or municipal law enforcement officer, county 
corrections officer or municipal firefighter, if the period is less than 3 years. 
C.    If the retiree has made contributions to the fund while employed as a county or 
municipal law enforcement officer, county corrections officer or municipal 
firefighter, the retiree shall pay the difference between: 
 (1) The total of the retiree's employee contributions required pursuant to 
paragraph B based on the retiree's age as of the date of retirement; and 
 (2)  The dollar equivalent of the retiree's scheduled contributions for 60 months 
pursuant to subsection 8. 
D.    The retiree shall make the payments required by paragraph B or C to the division 
within 12 months of enrollment in the program.  A retiree who fails to make the 
required payment within 12 months of enrollment must be disenrolled from the 
program. 
10.  Coverage under the program.  The benefits, copayments and deductibles under 
the program are determined by the fully insured health benefits plan in which the retired 
enrollee participates. Pursuant to the rules of the applicable plan, a retired enrollee is 
required to participate in the same health insurance plan as the active employees of the 
unit of government from which the enrolled person has retired.  Participation in any 
qualified health insurance plan is subject to the rules of that plan. 
11.  Volunteer and call firefighters and reserve law enforcement officers.  A 
member of a volunteer or call firefighters' association in this State, as well as a person 
serving as a county or municipal law enforcement officer on a reserve basis, is eligible to 
participate in the program of health benefits coverage established pursuant to the 
eligibility criteria and other provisions set forth in Title 24-A, chapter 87 if that person 
meets the eligibility requirements under that chapter. 
12.  Report.  The division shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over insurance and financial services matters in the 
of the program, program participation and the financing of the program, including the 
status of the fund, expenditures from the fund, current and projected premium costs to the 
program and to program enrollees and a projection of funding needs for the next 5 years. 
The report must provide options, based on projections of future need, for changing the 
method of funding any state-paid premium subsidy, if such a subsidy is authorized by 
law, and employee contributions. 
Sec. 2.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 5, chapter 13, subchapter 3,  in the subchapter headnote, the 
words "health insurance program for retired law enforcement officers and firefighters " 
are amended to read "health insurance program for retired law enforcement officers, 
corrections officers and firefighters" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes. 
SUMMARY 
This bill allows county corrections officers to participate in the Retired County and 
Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance 
Program and renames the program and related fund accordingly.