An Act To Allow a State Employee To Use a Federal Military Health Insurance Program and Reenroll upon Retirement in the State's Group Health Plan
Maine Legislature, Session 130, LD 1036
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BLACK, CYRWAY, STEARNS
Amends: 5 MRSA §285

Legislative Document
No. 1036
S.P. 326
In Senate, March 10, 2021
An Act To Allow a State Employee To Use a Federal Military Health 
Insurance Program and Reenroll upon Retirement in the State's 
Group Health Plan
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BLACK of Franklin.
Cosponsored by Senator: CYRWAY of Kennebec, Representative: STEARNS of Guilford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §285, sub-§1, ¶G, as amended by PL 2019, c. 669, §1, is further 
amended by amending subparagraph (2) to read:
(2)  After April 26, 1968, retire and who on the date of their retirement are currently 
enrolled in this group health plan as employees unless the employees meet the 
requirements in subsection 3-E;
Sec. 2.  5 MRSA §285, sub-§1-A, ¶B, as amended by PL 1997, c. 652, §2 and 
affected by §4, is further amended to read:
B.  If retiring but not retiring on a disability retirement, have participated, as an 
employee, in the group health plan for at least one year immediately prior to retirement 
except as provided in subsection 3-E;
Sec. 3.  5 MRSA §285, sub-§3-E is enacted to read:
3-E.  Employees eligible for military health coverage may decline coverage and 
reenroll.  An employee eligible for a group health plan under subsection 1 may elect to 
decline or withdraw from coverage under the plan as long as the employee demonstrates 
that the employee is eligible for coverage under the Civilian Health and Medical Program 
for the Uniformed Services, known as TRICARE, and to reenroll in the plan at a later date 
pursuant to the provisions of this subsection.
A. The employee must demonstrate that the employee was covered under the Civilian 
Health and Medical Program for the Uniformed Services, known as TRICARE, for at 
least 18 months immediately prior to reenrollment.
B.  Any conditions on eligibility or coverage under subsection 1‑A, paragraph D or E 
continue to apply at the time of reenrollment.
C.  The employee may reenroll in the same contract type in which the employee was 
enrolled at the time the employee declined or withdrew from coverage.
D.  An election under this subsection, which may be made only once, must be made 
either:
(1)  Upon the termination of eligibility for coverage under a federal military health 
insurance program; or  
(2) At the time of retirement. 
E.  If a spouse or dependent of the employee was enrolled in the plan at the time the 
employee withdrew pursuant to this subsection, the spouse or dependent may reenroll 
if the spouse or dependent meets the 18-month coverage criteria set forth in paragraph 
A.
SUMMARY
This bill authorizes a person participating in the State’s group health plan who becomes 
eligible for coverage through the federal military health insurance program to decline 
coverage and reenroll in coverage at a later date. The bill clarifies that the person remains 
eligible for coverage under the State’s group health plan as a retiree and applies similar 
conditions for reenrollment that currently apply to certain retirees eligible to reenroll in 
coverage.