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 1674
Committee: Labor and Housing
Sponsors: LIBBY, BELLOWS, DIAMOND, BRYANT, COSTAIN, DUNPHY, HALL, MARTIN, VEROW
Amends: 5 MRSA §286-M, 5 MRSA §286-N, 5 MRSA §12004-I

Legislative Document
No. 1674
S.P. 545
In Senate, May 2, 2019
An Act To Amend the Laws Concerning the Retired County and 
Municipal Law Enforcement Officers and Municipal Firefighters 
Health Insurance Program
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.
Cosponsored by Senators: BELLOWS of Kennebec, DIAMOND of Cumberland, 
Representatives: BRYANT of Windham, COSTAIN of Plymouth, DUNPHY of Old Town, 
HALL of Wilton, MARTIN of Eagle Lake, VEROW of Brewer.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §286-M, sub-§3, as enacted by PL 2005, c. 636, Pt. A, §3 and 
amended by PL 2007, c. 58, §3, 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 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 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 and 6, as enacted by PL 2005, c. 636, Pt. A, 
§3, are amended to read:
5.  Enrollment.  A county or municipal law enforcement 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.  A county or 
municipality that employs a county or municipal law enforcement officer or municipal 
firefighter shall notify such an employee of the program in writing no later than 60 days 
following the effective date of hire of that employee.  Such an employee shall choose in 
writing whether to enroll in the program.  A copy of the form on which an employee 
chooses to enroll in the program or to not enroll in the program must be retained by the 
county or municipality.  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 
and before October 1, 2019, 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.; or
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.
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% 55% 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% 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. 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.
C.  Enrollees retiring from counties or municipalities that do not participate in the 
majority multiple-employer welfare arrangement and do not provide health insurance 
coverage for retirees may enroll in the group health plan available to state employees 
and other eligible persons under section 285 and 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 
group health plan available to state employees and other eligible persons must be 
disenrolled from the program.  The State shall provide a premium subsidy for 
enrollees participating in the group health plan available to state employees and other 
eligible persons pursuant to this paragraph.  This subsidy must be made in the form of 
a direct payment to the group health plan available to state employees and other 
eligible persons and 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. 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.
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.  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. 3.  5 MRSA §286-M, sub-§8, ¶¶C to E are enacted to read:
C.  An enrollee who is not receiving wages from a county or municipal employer on 
account of an absence from work due to an injury compensable under the Maine 
Workers' Compensation Act of 1992, a disability for which the enrollee is receiving a 
disability retirement benefit from the Maine Public Employees Retirement System or 
a leave of absence must contribute to the fund for the period of time of the absence 
from work based on the enrollee's gross wages immediately before the absence from 
work in order for the enrollee to be eligible for coverage under the program.
D.  An enrollee who retires and is subsequently hired as a county or municipal law 
enforcement officer or municipal firefighter must contribute to the fund while 
employed as a county or municipal law enforcement officer or municipal firefighter 
in order for the enrollee to be eligible for coverage under the program.
E.  An enrollee who is not receiving wages from a county or municipal employer 
because the enrollee is a member of the United States Armed Forces or state military 
forces on active duty and deployed is not required to contribute to the fund while 
deployed.
Sec. 4.  5 MRSA §286-M, sub-§9, as enacted by PL 2005, c. 636, Pt. A, §3, is 
repealed.
Sec. 5.  5 MRSA §286-N is enacted to read:
§286-N.  Retired County and Municipal Law Enforcement Officers and Municipal 
Firefighters Health Insurance Program Advisory Committee
1.  Composition; designation.  The Retired County and Municipal Law Enforcement 
Officers and Municipal Firefighters Health Insurance Program Advisory Committee, 
referred to in this section as "the advisory committee," is composed of the following 8 
members:
A.  Six voting members who are members of the organizations listed in 
subparagraphs (1) to (4), duly designated by their respective organizations as follows:
(1)  One member duly designated by a statewide association of fire chiefs;
(2)  One member duly designated by a statewide association of police chiefs; 
(3)  Two members duly designated by a statewide association of professional 
firefighters; and
(4)  Two members duly designated by a statewide association of police; and
B.  Two ex officio nonvoting members as follows:
(1)  The executive director of the office of employee health and benefits within 
the Department of Administrative and Financial Services, Bureau of Human 
Resources or the executive director's designee; and
(2)  The employee of the Department of Administrative and Financial Services, 
Bureau of Human Resources, office of employee health and benefits assigned to 
the program.
2.  Compensation of members.  The members of the advisory committee are not 
entitled to receive compensation for their participation in the advisory committee's 
activities.
3.  Chair.  The executive director of the office of employee health and benefits 
within the Department of Administrative and Financial Services, Bureau of Human 
Resources, or the executive director's designee, shall serve as chair.
4.  Term.  The terms of the members are as follows.
A.  Each member serves a term of 5 years.
B.  A member shall continue to serve after the expiration of that member's term until 
a qualified successor is designated.  The member's continuation as a member does not 
change the expiration of that member's term.
C.  The term of a member designated to succeed a member whose term has expired 
expires 5 years after the expiration date of the term of the previous member, 
regardless of the effective date of the new designation.  There is no limit to the 
number of terms to which a member may be designated.
D.  The designating authority shall designate a person to fill a vacancy caused by 
death, resignation or ineligibility within 60 days.  This designation is for the 
unexpired portion of the term and must be made from a designation provided by the 
organization the former member represented, as provided in subsection 1.  With the 
agreement of the member being replaced and of the designating authority, the 
member being replaced serves until a replacement is designated.  Otherwise, a 
vacancy exists until a replacement is designated.
E.  A member is considered to have resigned if:
(1)  The member severs the affiliation with the organization that designated the 
member in accordance with subsection 1; or
(2)  The member is absent from 3 consecutive meetings of the advisory 
committee without good cause as determined by the advisory committee.
5.  Transaction of business.  The transaction of business by the advisory committee 
is governed as follows.
A.  Four voting members constitute a quorum for the transaction of any business.
B.  Each member is entitled to one vote.
C.  Affirmative votes of a simple majority of the quorum or, if greater, of the voting 
members present are necessary for the passage of any resolution or any other action 
by the advisory committee.
6.  Rules.  Rules authorized by section 286-M, subsection 4, paragraph C must be 
submitted to the advisory committee for the advisory committee's review and 
recommendations before those rules may be adopted.
Sec. 6.  5 MRSA §12004-I, sub-§74-J is enacted to read:
74-J.  
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 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 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% for the first 5 years and 3% for additional years.
SUMMARY
This bill makes the following changes to the laws governing the Retired County and 
Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance 
Program.
1.  It requires a county or municipality that employs a county or municipal law 
enforcement officer or municipal firefighter to notify such an employee of the program in 
Public Safety
Retired County and 
Municipal Law 
Enforcement 
Officers and 
Municipal 
Firefighters Health 
Insurance Program 
Advisory Committee
Not Authorized
MRSA §286-N
writing no later than 60 days following the effective date of hire of that employee.  Such 
an employee must choose in writing whether to enroll in the program.  A copy of the 
form on which an employee chooses to enroll in the program or to not enroll in the 
program must be retained by the county or municipality.
2.  It provides that, 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.
3.  It increases the amount of the premium subsidy from 45% to 55%.
4.  It provides that enrollees retiring from counties or municipalities that do not 
participate in the majority multiple-employer welfare arrangement and do not provide 
health insurance coverage for retirees may enroll in the group health plan available to 
state employees.
5.  It provides that 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.
6.  It provides that an enrollee who is not receiving wages from a county or municipal 
employer on account of an absence from work due to an injury compensable under the 
Maine Workers' Compensation Act of 1992, a disability for which the enrollee is 
receiving a disability retirement benefit from the Maine Public Employees Retirement 
System or a leave of absence must contribute to the Firefighters and Law Enforcement 
Officers Health Insurance Program Fund for the period of time of the absence from work 
based on the enrollee's gross wages immediately before the absence from work in order 
for the enrollee to be eligible for coverage under the program.
7.  It provides that an enrollee who retires and is subsequently hired as a county or 
municipal law enforcement officer or municipal firefighter must contribute to the 
Firefighters and Law Enforcement Officers Health Insurance Program Fund while 
employed as a county or municipal law enforcement officer or municipal firefighter in 
order for the enrollee to be eligible for coverage under the program.
8.  It provides that an enrollee who is not receiving wages from a county or municipal 
employer because the enrollee is a member of the United States Armed Forces or state 
military forces on active duty and deployed is not required to contribute to the fund while 
deployed.
9.  It removes provisions governing persons who retire without making 60 months of 
contributions to the fund but who meet other eligibility criteria.
10.  It establishes the Retired County and Municipal Law Enforcement Officers and 
Municipal Firefighters Health Insurance Program Advisory Committee to review 
proposed rules for the program.
11.  It provides a period of open enrollment in the program beginning October 1, 
2019 and ending December 31, 2021.