CHAPTER 437

H.P. 368 - L.D. 476

An Act To Protect Maine Families When Workplace Fatalities

Occur

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

Sec. 1. 39-A MRSA §102, sub-§4, ¶H, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

H. "Average weekly wages, earnings or salary" does not include any fringe or other benefits paid by the employer that continue during the disability. Any fringe or other benefit paid by the employer that does not continue during the disability must be included for purposes of determining an employee's average weekly wage to the extent that the inclusion of the fringe or other benefit will not result in a weekly benefit amount that is greater than 2/3 of the state average weekly wage at the time of injury. The limitation on including discontinued fringe or other benefits only to the extent that such inclusion does not result in a weekly benefit amount greater than 2/3 of the state average weekly wage at the time of injury does not apply if the injury results in the employee's death.

Sec. 2. Application. This Act applies to calculations of death benefits made on or after the effective date of this Act.