§ 25 §1612 — Death benefit

1.
Amount; recipients.
In a case in which the chief determines under rules adopted pursuant to this section that a law enforcement officer has died while in the line of duty, in a case in which the State Fire Marshal determines under rules adopted pursuant to this section that a firefighter has died while in the line of duty, in a case in which the director determines under rules adopted pursuant to this section that an emergency medical services person has died while in the line of duty or in a case in which the Commissioner of Corrections determines under rules adopted pursuant to this section that a Department of Corrections law enforcement officer or corrections officer has died while in the line of duty prior to July 1, 2021, the State shall pay a benefit of $100,000. When determining whether an individual has died while in the line of duty, the chief, the State Fire Marshal, the director or the Commissioner of Corrections, as applicable, shall evaluate whether an individual who died by suicide died as a result of events or actions experienced by the individual while in the line of duty.
2.
Interim benefit payment.
Interim benefits may be paid as follows.
3.
Deduction of interim payment.
The State Fire Marshal, the chief, the director or the Commissioner of Corrections, as the case may be, shall deduct the amount of an interim payment made pursuant to subsection 2 from the amount of any final benefit paid to the individual or individuals entitled to receive a benefit under subsection 1.
4.
Repayment of interim payment; waiver.
If a final benefit is not paid, the recipient or recipients of any interim payment under subsection 2 are liable for repayment of the amount received. The State Fire Marshal in the case of a firefighter, the chief in the case of a law enforcement officer, the director in the case of an emergency medical services person or the Commissioner of Corrections in the case of a Department of Corrections law enforcement officer or a corrections officer may waive all or part of the repayment if that official determines that undue hardship would result from that repayment.
5.
Execution or attachment prohibited.
A benefit paid under this section is not subject to execution or attachment.
6.
Other benefits.
The death benefit payable under this section may not be considered a benefit paid under "similar law" for purposes of Title 5, sections 18005 and 18605 and may not be used to reduce any accidental death benefit amount payable under those provisions or under any other provision of law.
7.
Payment from the Maine Budget Stabilization Fund.
Benefits are payable from the Maine Budget Stabilization Fund as provided in Title 5, section 1532, subsection 6. If funds in the Maine Budget Stabilization Fund are insufficient to pay a death benefit when due, the benefit must be paid as soon as a sufficient balance exists.
8.
Rulemaking.
The State Fire Marshal, the chief, the Emergency Medical Services' Board and the Department of Corrections shall adopt rules to carry out the purposes of this section, except that the Department of Administrative and Financial Services shall adopt rules as required by subsection 1. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 2001, c. 439, §CCCCC4 (NEW). PL 2003, c. 451, §X13 (AMD). PL 2005, c. 2, §A12 (AMD). PL 2005, c. 2, §A14 (AFF). PL 2009, c. 421, §3 (AMD). PL 2019, c. 658, §6 (AMD). PL 2023, c. 433, §§4-7 (AMD).