Sec. 1. 39-A MRSA §355, sub-§13, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed.

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

§355-A.__Employment Rehabilitation Fund reimbursements

The Employment Rehabilitation Fund, established in section 355 and referred to in this section as the "fund," must be used to reimburse employers, insurers and group self-insurers for their payments of compensation to employees under section 213, subsections 3 and 4.

1.__Employment rehabilitation fund reimbursement program.__The board shall contract for the services of an employment rehabilitation fund reimbursement program, referred to in this section as the "program."__The program shall approve or deny requests for reimbursement pursuant to section 213, subsections 3 and 4; obtain any necessary legal representation for claims for reimbursement pursuant to section 213, subsections 3 and 4; and perform__other functions that are required by the board.

2.__Employment Rehabilitation Fund Oversight Committee.__The board shall create the Employment Rehabilitation Fund Oversight Committee, referred to in this section as the "committee," to monitor the performance of the program and make recommendations to the board with respect to the administration of the program.__ The committee recommendations must include, but not be limited to, recommendations regarding contracting for services with a program and the performance of the program during the term of the contract.

A.__The committee is composed of one member of the board representing labor, one member of the board representing management, one member appointed by the Maine Chamber of Commerce and Industry and one member appointed by the Maine AFL-CIO.

B.__A member of the committee is not liable in a civil action for any act performed in good faith in the execution of duties as a member of the committee.

C.__A member of the committee is entitled to a per diem of $100 per day.__Members of the committee are entitled to receive reimbursement for their actual necessary cash expenses while on official business of the board.__Salary and expenses paid pursuant to this paragraph must be made from the fund.