To accomplish the objectives outlined in section 42-A, there is established in the
State Treasury a special fund, known as the Safety Education and Training Fund. The
safety fund shall be administered by the commissioner. The department shall have
authority over the safety fund and may do all things necessary or convenient in the
administration of the safety fund and shall formulate and adopt rules, pursuant to
the Maine Administrative Procedure Act, Title 5, chapter 375, governing its administration
and maintenance, and perform all other functions which the laws of this State specifically
authorize or which are necessary or appropriate. All money and securities in the
safety fund shall be held in trust by the Treasurer of State for the purpose of funding
the safety education and training program under section 42-A and shall not be money
or property for the general use of the State. The fund shall not lapse. The Treasurer
of State shall notify the commissioner and the Legislature of interest credited and
the balance of the safety fund as of June 30th of each year.
1985, c. 372, Pt. A, §7 (NEW)
1-A.Bureau of Insurance report.
On or before July 1st of each year, the Bureau of Insurance shall provide to the
commissioner the amounts of actual losses, excluding medical payments, paid by each
workers' compensation individual self-insurer and workers' compensation group self-insurer
during the previous calendar year.
1997, c. 126, §6 (NEW)
2.Source of funds.
The commissioner or the commissioner's designee shall annually assess a levy based
on actual annual workers' compensation paid losses, excluding medical payments, paid
in the most recent calendar year for which data is available by employers under former
Title 39, the Workers' Compensation Act or Title 39-A, Part 1, the Maine Workers'
Compensation Act of 1992. As soon as practicable after July 1st of each year, the
commissioner or the commissioner's designee shall assess upon and collect from each
insurance carrier licensed to do workers' compensation business in the State, and
each group and individual self-insured employer authorized to make workers' compensation
payments directly to their employees, a sum equal to that proportion of the current
fiscal year's appropriation, exclusive of any federal funds, for the safety education
and training program that the total workers' compensation benefits, exclusive of medical
payments, paid by each licensed carrier or each group or individual self-insured employer,
bear to the total of the benefits paid by all licensed carriers, and group and individual
self-insured employers during the most recent calendar year for which data is available,
except that the total amount levied annually may not exceed 1% of the total of the
compensation benefits paid by all licensed carriers, and group and individual self-insured
employers during the most recent calendar year for which data is available. A licensed
carrier or group or individual self-insured must be assessed based on all benefits
paid, exclusive of medical payments, during any year for which the carrier was licensed
or the group or individual self-insured employer was authorized to make workers' compensation
payments directly to their employers for any portion of the year.
1999, c. 57, Pt. B, §5 (AMD)
3.Notice of assessments.
The Commissioner of Labor or the commissioner's designee shall send notice of the
assessments by certified mail to each licensed carrier and each group or individual
self-insured employer. Payment of assessments must be received in an office of the
Department of Labor designated by the commissioner before a date specified in the
notice, but not more than 90 days after the date of the mailing. The department may,
through the rules governing this section, assess penalties for late payment. Such
penalties may not exceed 6% per year.
1993, c. 52, §2 (AMD)
4.Assessments constitute element of loss.
The levy assessment constitutes an element of loss for the purpose of establishing
rates for workers' compensation insurance. Funds derived from this levy must be deposited
in the safety fund and must be appropriated by the Legislature for the operation of
1993, c. 52, §2 (AMD)
Any insurance company, group self-insured association or self-insured employer subject
to this section that willfully fails to pay an assessment in accordance with this
section commits a civil violation for which a forfeiture of not more than $500 may
be adjudged for each day payment is not made following the due date.
1993, c. 52, §3 (NEW)
1985, c. 372, §A7 (NEW).
1985, c. 819, §C5 (AMD).
1987, c. 559, §B8 (AMD).
1987, c. 660, §2 (AMD).
1991, c. 885, §E34 (AMD).
1991, c. 885, §E47 (AFF).
1993, c. 52, §§1-3 (AMD).
1997, c. 126, §6 (AMD).
1999, c. 57, §B5 (AMD).
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