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PUBLIC LAWS OF MAINE
First Regular Session of the 119th

CHAPTER 201

H.P. 954 - L.D. 1352

An Act to Ensure that Workers' Compensation Death Benefits are Paid to Dependents Without Regard to Country of Residence

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

     Sec. 1. 39-A MRSA §102, sub-§8, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended by amending the last blocked paragraph to read:

In all other cases, questions of total or partial dependency must be determined in accordance with the fact as the fact was at the time of the injury. If there is more than one person wholly dependent, the compensation must be divided equally among them and persons partly dependent, if any, are not entitled to a part of the compensation during the period in which compensation is paid to persons wholly dependent. If there is no one wholly dependent and more than one person who is partly dependent, the compensation must be divided among them according to the relative extent of their dependency. If a dependent is an alien residing outside the United States or outside the Dominion of Canada, the compensation paid to any such dependent is 1/2 that provided in the case of the death of an employee.

     Sec. 2. Retroactivity. This Act applies retroactively to June 1, 1998.

Effective September 18, 1999, unless otherwise indicated.

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