HP0988
LD 1385
Session - 126th Maine Legislature
 
LR 488
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Amend the Reporting Requirements of the Workers' Compensation Management Fund

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §1833, sub-§1,  as enacted by PL 1989, c. 501, Pt. P, §16, is amended to read:

1. Capitalization; premiums.   The fund shall be is capitalized by legislative appropriations, payment from state departments and agencies and by other appropriate means.

On or before July 1st of each year, the Department of Administrative and Financial Services, Division of Employee Health and Benefits shall inform the State Budget Officer of quarterly premium charges for the fiscal year. The State Budget Officer shall advise any affected department or agency of the premium charges so that they may be incorporated into the normal budgetary process. An agency that does not have sufficient funding to pay the required premium charges shall request funds from the Legislature.

All state departments and agencies shall make premium payments to the fund at the beginning of each quarter based on charges to user departments. Premiums charged to user departments shall must be based on an analysis of the loss experience of each department, the reserve requirements related to departmental loss experience and the recovery of expenses as authorized in this section as related to each user department. Each department shall allocate the premium charge based on an analysis of the loss experience of each account or subdivision of account within the department. Premiums charged shall must be sufficient to ensure the continuation of the fund and shall be set by the commissioner.

Funds received from the reserve fund for self-insured retention losses under section 1731 shall must be repaid to that reserve fund through premiums charged except that, on the request of the commissioner, the Governor may waive repayment to the reserve fund when warranted and necessary.

Sec. 2. 5 MRSA §1833, sub-§2,  as amended by PL 1991, c. 780, Pt. Y, §73, is repealed.

summary

Current law requires the Commissioner of Administrative and Financial Services to provide to the State Budget Officer and departments and agencies notice of quarterly premium payments due to the Workers' Compensation Management Fund so that the charges may be incorporated into the normal budgetary process. This bill instead requires the Department of Administrative and Financial Services, Division of Employee Health and Benefits to inform the State Budget Officer of the premium charges for the fiscal year, and directs the State Budget Officer to advise any affected department or agency so those charges may be incorporated into the normal budgetary process. This bill also removes transitional language that was applicable in the 114th Legislature.


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