An Act To Amend the Laws Concerning the Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program
Maine Legislature, Session 130, LD 0037
Committee: Labor and Housing
Sponsors: LIBBY, COSTAIN
Amends: 5 MRSA §286-M

Legislative Document
No. 37
S.P. 45
In Senate, January 13, 2021
An Act To Amend the Laws Concerning the Retired County and 
Municipal Law Enforcement Officers and Municipal Firefighters 
Health Insurance Program
(EMERGENCY)
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Labor and Housing pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative COSTAIN of Plymouth.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, pursuant to Public Law 2019, chapter 446, section 7, the open enrollment 
period for certain county or municipal law enforcement officers or municipal firefighters 
who are employed as county or municipal law enforcement officers or municipal 
firefighters to enroll in the Retired County and Municipal Law Enforcement Officers and 
Municipal Firefighters Health Insurance Program ends December 31, 2021; and
Whereas, it is necessary for this legislation to be enacted as soon as possible to 
provide sufficient time for such officers and firefighters to enroll prior to December 31, 
2021; 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 §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 
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 or since January 1, 2007, whichever is later, equal to 1.5% for the first 5 years 3% 
until December 31, 2014 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, Bureau of Human 
Resources, 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.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
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 
years after hire, conditioned on the enrollment and eligibility requirements of the 
applicable health plan; this bill removes that condition.
The bill also changes the percentage of gross wages for contributions and the time 
period during which contributions of gross percentages must be made.  The 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, Bureau 
of Human Resources, 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.