An Act To Increase the Death Benefit for Firefi,Jters, Law Enforcement Officers and Emergency Medical Services Personnel
Maine Legislature, Session 129, LD 2044
Committee Amendment CA_A_H762 (House)
Amends: 5 MRSA §1532, 25 MRSA §1611, 25 MRSA §1612

COMMITTEE AMENDMENT "il " to H.P. 1455, L.D. 2044, Bill, "An Act To 
Increase the Death Benefit for Firefi,Jters, Law Enforcement Officers and Emergency 
Medical Services Personnel" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Increase the Death Benefit for Firefighters, Law Enforcement Officers, 
Emergency Medical Services Personnel and Corrections Officers' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, firefighters, law enforcement officers, emergency medical services 
personnel and corrections officers work on a daily basis in situations that serve to 
advance the public good and to further public purposes but that also put their health and 
lives at risk; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1532, sub-§6, as enacted by PL 2005, c. 2, Pt. A, §5 and 
affected by §14, is amended to read: 
6. Death benefits. The Governor shall allocate funds from the stabilization fund as 
needed to pay benefits due pursuant to Title 25, chapter 195-A. Allocations may be made 
upon written request of the Chief of the State Police, the State Fire Marshal ef~ the 
Director of Maine Emergency Medical Services or the Commissioner of Corrections and 
after consultation with the State Budget Officer. 
Sec. 2. 25 MRSA c. 195-A, headnote is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
"to H.P. 1455, L.D. 2044 
CHAPTER 195-A 
DEATH BENEFITS FOR LAW ENFORCEMENT OFFICERS, FIREFIGHTERS 
AND~ EMERGENCY MEDICAL SERVICES PERSONS AND CORRECTIONS 
OFFICERS WHO DIE WHILE IN THE LINE OF DUTY 
Sec. 3. 25 MRSA §1611, sub-§1-A is enacted to read: 
1-A. Consumer Price Index. "Consumer Price Index" means the Consumer Price 
Index for All Urban Consumers. CPI-U. as compiled by the United States Department of 
Labor. Bureau of Labor Statistics. 
Sec. 4. 25 MRSA §1611, sub-§1-B is enacted to read: 
1-B. Corrections officer. "Corrections officer" means a person who is responsible 
for the custody or direct supervision of a person confined in a jail, prison or state 
correctional facility pursuant to an order of a court or as a result of an arrest and who 
possesses a current and valid certificate issued by the Board of Trustees of the Maine 
Criminal Justice Academy pursuant to section 2803-A. 
Sec. 5. 25 MRSA §1611, sub-§3, as enacted by PL 2001, c. 439, Pt. CCCCC, §4, 
is repealed and the following enacted in its place: 
3. Emergency medical services person. "Emergency medical services person" 
means a person who is licensed to provide emergency medical treatment under Title 32. 
chapter 2-B and is serving a public or private agency in an official capacity as an 
officially recognized or designated employee or member of a rescue squad or ambulance 
crew. with or without compensation, or who is an employee of an incorporated 
ambulance service or nontransporting emergency medical service licensed under Title 32, 
chapter 2-B receiving full or partial financial support from or officially recognized by the 
State. a municipality or county or an entity created under Title 30-A, chapter 115 or 119 
except when the emergency medical service is acting outside the scope of activities 
expressly authorized by the State, municipality, county or entity created under Title 30-A, 
chapter 115 or 119. 
Sec. 6. 25 MRSA §1612, as amended by PL 2009, c. 421, §3, is further amended 
to read: 
§1612. Death benefit 
1. Amount; recipients. In a case in which the chief determines under rules adopted 
pursuant to this section that a law enforcement officer has died while in the line of duty 
er,. in a case in which the State Fire Marshal determines under rules adopted pursuant to 
this section that a firefighter has died while in the line of duty er,. in a case in which the 
director determines under rules adopted pursuant to this section that an emergency 
medical services person has died while in the line of duty or in a case in which the 
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Commissioner of Corrections determines under rules adopted pursuant to this section that 
8 
a corrections officer has died while in the line of duty prior to July 1, 2021, the State shall 
pay a benefit of $50,000 as follmvs: $100,000. 
Beginning July L 2021 and annually thereafter, the benefit amount must be indexed to 
the Consumer Price Index whenever there is a percentage increase in the Consumer Price 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
"to H.P. 1455, L.D. 2044 
Index from July 1st to June 30th of the previous year. A firefighter, law enforcement 
officer, emergency medical services person or corrections officer who dies while in the 
line of duty must be paid the benefit amount as indexed immediately prior to that 
firefighter's, law enforcement officer's, emergency medical services person's or 
corrections officer's death. The Department of Administrative and Financial Services 
shall adopt rules to calculate the annual percentage increase in the death benefit. 
The State shall pay the benefit as follows: 
A. If there is no surviving child of the firefighter, law enforcement officer ef~ 
emergency medical services person or corrections officer, to the surviving spouse of 
the person; 
B. If there is a surviving child or children and a surviving spouse of the firefighter, 
law enforcement officer ef~ emergency medical services person or corrections officer, 
1/2 to the surviving child or children in equal shares and 1/2 to the surviving spouse; 
C. If there is no surviving spouse of the firefighter, law enforcement officer ef~ 
emergency medical services person or corrections officer, to the child or children in 
equal shares; or 
D. If there is no surviving child or spouse, to the parent or parents of the firefighter, 
law enforcement officer ef~ emergency medical services person or corrections officer 
in equal shares. 
2. Interim benefit payment. Interim benefits may be paid as follows. 
A. 
When the State Fire Marshal determines upon showing of need and prior to final 
action that the death of a firefighter is a death for which a benefit will probably be 
paid, the State Fire Marshal may make an interim benefit payment not exceeding 
$3,000 to the individual or individuals entitled to receive a benefit under subsection 1 
in the manner set out in subsection 1. 
B. When the chief determines upon showing of need and prior to fmal action that the 
death of an officer is a death for which a benefit will probably be paid, the chief may 
make an interim benefit payment not exceeding $3,000 to the individual or 
individuals entitled to receive a benefit under subsection 1 in the manner set out in 
subsection 1. 
C. When the director determines upon showing of need and prior to final action that 
the death of an emergency medical services person is a death for which a benefit will 
probably be paid, the director may make an interim benefit payment not exceeding 
$3,000 to the individual or individuals entitled to receive a benefit under subsection 1 
in the manner set out in subsection 1. 
D. When the Commissioner of Corrections determines upon showing of need and 
prior to fmal action that the death of a corrections officer is a death for which a 
benefit will probably be paid, the commissioner may make an interim benefit 
payment not exceeding $3,000 to the individual or individuals entitled to receive a 
benefit under subsection 1 in the manner set out in subsection 1. 
3. Deduction of interim payment. The State Fire Marshal, the chief ef~ the director 
or the Commissioner of Corrections, as the case may be, shall deduct the amount of an 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
"to H.P. 1455, L.D. 2044 
interim payment made pursuant to subsection 2 from the amount of any final benefit paid 
to the individual or individuals entitled to receive a benefit under subsection 1. 
4. Repayment of interim payment; waiver. If a final benefit is not paid, the 
recipient or recipients of any interim payment under subsection 2 are liable for repayment 
of the amount received. The State Fire Marshal in the case of a firefighter, the chief in the 
case of a law enforcement officer eF~ the director in the case of an emergency medical 
services person or the Commissioner of Corrections in the case of a corrections officer 
may waive all or part of the repayment if that official determines that undue hardship 
would result from that repayment. 
5. Execution or attachment prohibited. A benefit paid under this section is not 
subject to execution or attachment. 
6. Other benefits. The $50,000 death benefit payable under this section may not be 
considered a benefit paid under "similar law" for purposes of Title 5, sections 18005 and 
18605 and may not be used to reduce any accidental death benefit amount payable under 
those provisions or under any other provision of law. 
7. Payment from the Maine Budget Stabilization Fund. Benefits are payable from 
the Maine Budget Stabilization Fund as provided in Title 5, section 1532, subsection 6. If 
funds in the Maine Budget Stabilization Fund are insufficient to pay a death benefit when 
due, the benefit must be paid as soon as a sufficient balance exists. 
8. Rulemaking. The State Fire Marshal, the chief ffild~ the Emergency Medical 
Services' Board and the Department of Corrections shall adopt rules to carry out the 
purposes of this section, except that the Department of Administrative and Financial 
Services shall adopt rules as required by subsection 1. Rules adopted pursuant to this 
section are routine technical rules as defmed in Title 5, chapter 375, subchapter II-A 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment changes the title to "An Act To 
Increase the Death Benefit for Firefighters, Law Enforcement Officers, Emergency 
Medical Services Personnel and Corrections Officers" and adds an emergency preamble 
and emergency clause to the bill. 
The amendment extends the death benefit to 
corrections officers and to emergency medical services personnel who serve in private 
emergency medical services agencies. The amendment increases the death benefit from 
$50,000 to $100,000 for a law enforcement officer, firefighter, emergency medical 
services person or corrections officer who dies while in the line of duty prior to July 1, 
2021. For deaths occurring on or after July 1, 2021, the Department of Administrative 
and Financial Services is required to adopt rules to annually calculate an increase in the 
death benefit based on the previous year's increase in the Consumer Price Index. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/06/20 7,?,?aC 
LD 2044 
LR 2722(02) 
An Act To Increase the Death Benefit for Firefighters, Law Enforcement Officers and Emergency 
Medical Services Personnel 
Fiscal Note for Bill as Amended by Committee Amendment (J, 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential cutTent biennium cost increase - Maine Budget Stabilization Fund 
Fiscal Detail and Notes 
Expanding the list of those eligible for the death benefit, increasing the death benefit amount from $50,000 to 
$100,0000 and indexing the benefit amount to the Consumer Price Index will reduce the balance in the Maine Budget 
Stabilization Fund. The exact amount by fiscal year cannot be determined at this time and will depend on the number 
of eligible individuals who die in the line of duty. Any additional costs to the Department of Administrative and 
Financial Services to adopt rules to annually calculate an increase in the death benefit based on the previous year's 
increase in the Consumer Price Index are expected to be minor and can be absorbed within existing budgeted 
resources. 
LR2722(02) - Fiscal Note - Page 1 of 1