LD 2685
pg. 5
Page 4 of 14 An Act to Implement the Recommendations of the Commission to Consider the Enhan... Page 6 of 14
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LR 4135
Item 1

 
FireServicesPer Diem§3371

 
ProtectionCommissionand

 
ServicesExpenses

 
Sec. 3. 5 MRSA §18005, sub-§2, as amended by PL 1991, c. 885, Pt. E,
§12 and affected by §47, is further amended to read:

 
2. Workers' compensation or similar law. The amount payable
under this article must be reduced by any amount received by the
surviving spouse and dependent child or dependent children under
former Title 39, the Workers' Compensation Act or Title 39-A,
Part 1, the Maine Workers' Compensation Act of 1992, or a similar
law. For purposes of this article, a death benefit paid to a
firefighter or emergency medical services person under Title 25,
chapter 195-B is not considered a benefit paid under a "similar
law" and may not be used to reduce the amount payable under this
article.

 
A. Lump-sum settlements of benefits that would reduce the
accidental death benefits under this subsection must be
prorated on a monthly basis in an equitable manner
prescribed by the board.

 
B. The prorated lump-sum settlement amounts must reduce the
accidental death benefits payable monthly under this
article.

 
Sec. 4. 5 MRSA §18605, sub-§2, as amended by PL 1991, c. 885, Pt. E,
§16 and affected by §47, is further amended to read:

 
2. Workers' compensation or similar law. The amount payable
under this article must be reduced by any amount received by the
surviving spouse and dependent child or dependent children under
former Title 39, the Workers' Compensation Act or Title 39-A,
Part 1, the Maine Workers' Compensation Act of 1992, or a similar
law. For purposes of this article, a death benefit paid to a
firefighter or emergency medical services person under Title 25,
chapter 195-B is not considered a benefit paid under a "similar
law" and may not be used to reduce the amount payable under this
article.

 
A. Lump-sum settlements of benefits that would reduce the
accidental death benefits under this subsection must be
prorated on a monthly basis in an equitable manner
prescribed by the board.

 
B. The prorated lump-sum settlement amounts must reduce the
accidental death benefits payable monthly under this
article.

 
Sec. 5. 25 MRSA c. 195-B is enacted to read:


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