H.P. 1467 - L.D. 2058
An Act to Ensure That Lump-sum Workers' Compensation Settlements Are Credited to Child Support Obligations
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, there are parents that are receiving public assistance; and
Whereas, some of those parents are responsible for child support and are in arrears in making those payments; and
Whereas, it would benefit the children of these parents if lump-sum settlements from workers' compensation claims were applied to child support obligations; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §2360-A is enacted to read:
§2360-A. Lump-sum settlement; workers' compensation claims
On a monthly basis, the department shall notify the Workers' Compensation Board, referred to in this section as the "board," of the names and social security numbers of all persons who owe the department child support debts that have been liquidated by judicial or administrative action. Before approving any lump-sum settlement, the board shall determine whether the person receiving the settlement is on the list of persons who owe to the department child support debts that have been liquidated by judicial or administrative action. If the person is on the list, the board shall notify the department of the pending settlement and inform the person of the notification to the department.
Sec. 2. 39-A MRSA §352, sub-§3, ¶¶C and D, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, are amended to read:
C. The employee's post-injury earnings and prospects, considering all means of support, including the projected income and financial security resulting from proposed employment, self-employment or any business venture or investment and the prudence of consulting with a financial or other expert to review the likelihood of success of these projects; and
D. Any other information, including the age of the employee and of the employee's dependents, that would bear upon whether the settlement is in the best interest of the claimant.; and
Sec. 3. 39-A MRSA §352, sub-§3, ¶E is enacted to read:
E. The existence of a child support debt of which notification has been sent pursuant to Title 19-A, section 2360-A.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 1, 1998.
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