Sec. 1. 39-A MRSA §355, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

1. Fund administration and contributions. There is established a special fund, known as the Employment Rehabilitation Fund, for the sole purpose of making payments in accordance with this Act. The fund is administered by the board in all matters other than obligations of the fund pursuant to section 213, subsections 3 and 4. Administration of the affairs of the fund relating to obligations of the fund pursuant to section 213, subsections 3 and 4 is delegated to a voluntary coalition designated as the Supplemental Benefits Oversight Committee, as established in section 355-A.__Service of each member of the Supplemental Benefits Oversight Committee is limited to those matters comprising the written agenda of the committee respecting cases to be reviewed during a specifically enumerated period of time.__A member of the committee receives a per diem of $100 per day and reimbursement of actual and necessary expenses while attending to the business of the fund, the costs to be payable from the fund. The Treasurer of State is the custodian of the fund. All money and securities in the fund must be held in trust by the Treasurer of State for the purpose of making payments under this Act and are not money or property for the general use of the State. The fund does not lapse.

The Treasurer of State may disburse money from the fund only upon written order of the board Supplemental Benefits Oversight Committee or the committee's duly appointed service agent respecting reimbursable benefit payments made under section 213, subsections 3 and 4. The Treasurer of State may disburse money from the fund only upon written order of the board respecting costs reimbursable under this section that are incurred by employers relating to employment rehabilitation plans. The Treasurer of State shall invest the money of the fund in accordance with law. Interest, income and dividends from the investments must be credited to the fund.

Sec. 2. 39-A MRSA §355, sub-§3-A is enacted to read:

3-A.__Priority of reimbursement.__When a claim for reimbursement of an insurer qualified for reimbursement under subsection 3 must be deferred due to lack of funds sufficient to discharge the obligation of the Employment Rehabilitation Fund, the right of the insurer to reimbursement is preserved and the insurer's claim must be given priority over all claims of others respecting later asserted similar claims when the fund balance is restored to a level adequate to compensate the claimant insurer.