An Act To Increase the Death Benefit for Firefighters, Law Enforcement Officers and Emergency Medical Services Personnel
Maine Legislature, Session 129, LD 2044
Committee: Criminal Justice and Public Safety
Sponsors: ACKLEY, DOUDERA, HARRINGTON, HEPLER, HIGGINS, MAREAN, NEWELL, PEBWORTH, RISEMAN
Amends: 25 MRSA §1611, 25 MRSA §1612

Legislative Document
No. 2044
H.P. 1455
House of Representatives, January 16, 2020
An Act To Increase the Death Benefit for Firefighters, Law 
Enforcement Officers and Emergency Medical Services Personnel
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ACKLEY of Monmouth.
Cosponsored by Representatives: DOUDERA of Camden, HARRINGTON of Sanford, 
HEPLER of Woolwich, HIGGINS of Dover-Foxcroft, MAREAN of Hollis, NEWELL of the 
Passamaquoddy Tribe, PEBWORTH of Blue Hill, RISEMAN of Harrison.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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. 2.  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 or 
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 or 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, the State shall pay a benefit of 
$50,000 as follows: $75,000.
Beginning July 1, 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 
Index from July 1st to June 30th of the previous year.  A firefighter, law enforcement 
officer or emergency medical services person 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 or emergency medical services person'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 or 
emergency medical services person, 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 or emergency medical services person, 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 or 
emergency medical services person, 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 or emergency medical services person 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 final 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.
3.  Deduction of interim payment.  The State Fire Marshal, the chief or the director, 
as the case may be, shall deduct the amount of an 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 or the director in the case of an emergency medical 
services person 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 and the Emergency Medical 
Services' Board shall adopt rules to carry out the purposes of this section, except when the 
Department of Administrative and Financial Services adopts rules as described in this 
section.  Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter II-A 2-A.
SUMMARY
This bill increases the death benefit for a law enforcement officer, firefighter or 
emergency medical services person who has died while in the line of duty from $50,000 
to $75,000 through June 30, 2021.  For deaths occurring after June 30, 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.