An Act To Amend the Laws Concerning the Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program
Maine Legislature, Session 129, LD 2049
Committee: Labor and Housing
Sponsors: LIBBY
Amends: 5 MRSA §286-M

Legislative Document
No. 2049
S.P. 721
In Senate, January 16, 2020
An Act To Amend the Laws Concerning the Retired County and 
Municipal Law Enforcement Officers and Municipal Firefighters 
Health Insurance Program
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §286-M, sub-§3, as amended by PL 2019, c. 446, §1, is further 
amended to read:
3.  Eligibility for program coverage.  A person must make contributions pursuant to 
subsection 5, paragraph D and subsection 8 for 60 months 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 or a retired 
municipal firefighter;
(3)  Have, while actively employed as a county or municipal law enforcement 
officer or 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 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 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.
Sec. 2.  5 MRSA §286-M, sub-§5, ¶D, as enacted by PL 2019, c. 446, §2, is 
amended to read:
D.  When the effective date of hire of the eligible person is on or after October 1, 
2019, the eligible person must enroll in the program no later than 5 years following 
the effective date of hire, subject to the enrollment and eligibility requirements of the 
applicable group health plan.  If the eligible person enrolls in the program no later 
than 60 days following the effective date of hire, the eligible person contributes to the 
fund at the rate specified in subsection 8, paragraph A.  If the eligible person enrolls 
in the program more than 60 days following the effective date of hire, the eligible 
person shall contribute to the fund 2% of the eligible person's gross wages since the 
eligible person's effective date of hire to that person's date of enrollment in the 
program and shall contribute to the fund at the rate specified in subsection 8, 
paragraph A after the eligible person's date of enrollment.
Sec. 3.  5 MRSA §286-M, sub-§6, ¶D, as enacted by PL 2019, c. 446, §2, is 
amended to read:
D.  An enrollee may participate in the group health insurance plan in which the 
enrollee's spouse participates if that plan is offered in this State or in another group 
health insurance plan that is offered in this State.  An enrollee is responsible for the 
premium payment associated with the cost of the group health insurance plan 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 group 
health insurance plan in which the enrollee is participating must be disenrolled from 
the program.  The State shall provide a premium subsidy for each enrollee in the form 
of a direct payment to the group health insurance plan in which the enrollee is 
participating enrollee.  Prior to July 1, 2021, the level of the premium subsidy 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.  Beginning July 1, 2021, the level of the premium subsidy must 
equal 55% 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.  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 group health insurance 
plan in which the enrollee is participating.
Sec. 4.  PL 2019, c. 446, §7 is amended to read:
Sec. 7.  Open enrollment.  Notwithstanding the Maine Revised Statutes, Title 5, 
section 286-M, subsection 5, a county or municipal law enforcement officer or a 
municipal firefighter, as defined in Title 5, section 286-M, subsection 2, paragraphs A 
and H, respectively, who is employed as a county or municipal law enforcement officer 
or a municipal firefighter at any time beginning October 1, 2019 and ending December 
31, 2021 may enroll in the Retired County and Municipal Law Enforcement Officers and 
Municipal Firefighters Health Insurance Program established in Title 5, section 286-M, 
subsection 1 at any time during that period while employed as a county or municipal law 
enforcement officer or a municipal firefighter.  Such Notwithstanding Title 5, section 
286-M, subsection 5, paragraph D, such a person who enrolls in the program and is not 
otherwise eligible to enroll in the program under Title 5, section 286-M, subsection 5 
shall contribute to the Firefighters and Law Enforcement Officers Health Insurance 
Program Fund established in Title 5, section 286-M, subsection 7 a percentage of that 
person's gross wages in each year of creditable service since that person's effective date 
of hire as a county or municipal law enforcement officer or a municipal firefighter to that 
person's date of enrollment in the program equal to 1.5% 3% for the first 5 years and 3% 
1.5% for additional years.
Sec. 5.  Retroactive application; enrollment contributions.  That section of 
this Act that amends Public Law 2019, chapter 446, section 7 applies retroactively to 
September 19, 2019.  The Department of Administrative and Financial Services, office of 
employee health and benefits shall ensure that enrollment contributions pursuant to 
Public Law 2019, chapter 446, section 7, as amended, to the Retired County and 
Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance 
Program under the Maine Revised Statutes, Title 5, section 286-M made by enrollees 
between September 19, 2019 and the effective date of this Act are consistent with this 
Act.
SUMMARY
This bill amends language contained in Public Law 2019, chapter 446 governing 
contributions under the open enrollment provisions of the Retired County and Municipal 
Law Enforcement Officers and Municipal Firefighters Health Insurance Program.  
Currently, the law requires a person hired on or after October 1, 2019 to enroll no later 
than 5 years after hire, conditioned on the enrollment and eligibility requirements of the 
applicable health plan; this bill removes that condition.
This bill also changes the percentage of gross wages for contributions from 1.5% to 
3% for the first 5 years and from 3% to 1.5% for additional years.  This bill removes the 
requirement of 60 months of contributions by enrollees.  The bill also changes the State's 
payment of certain premium subsidies from payment to the plan to payment directly to 
enrollees.  The amendments to the open enrollment provisions are retroactive to 
September 19, 2019, and the Department of Administrative and Financial Services, office 
of employee health and benefits is required to ensure correct contribution amounts for 
those who enrolled between September 19, 2019 and the effective date of this legislation.