CHAPTER 214
S.P. 408 - L.D. 1277
An Act To Allow a Retiree Eligible for State-paid Health Insurance Coverage To Decline Coverage and Reenroll at a Later Date
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §285, sub-§3-C is enacted to read:
3-C. Retirees may decline coverage and reenroll. A retiree eligible for a group health plan under subsection 1, paragraph G may elect to decline or to withdraw from coverage under the plan and to reenroll in the plan at a later date pursuant to the provisions of this subsection.
A. The retiree must demonstrate that the retiree was covered under this plan or another health insurance plan for at least 18 months immediately prior to reenrollment or that health insurance coverage for that person pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 under a prior plan has been exhausted.
B. Any conditions on eligibility or coverage under subsection 1-A, paragraph D or E continue to apply at the time of reenrollment.
C. The retiree may reenroll in the same contract type in which the retiree was enrolled at the time the retiree declined or withdrew from coverage, except for any change in contract type allowed under subsection 3-B.
D. An election under this subsection, which may be made only once, must be made either:
(1) At the time of retirement; or
(2) Following retirement, provided the person had elected at the time of retirement to be covered by the state program.
E. If a spouse or dependent of the retiree was enrolled in the plan at the time the retiree withdrew pursuant to this subsection, the spouse or dependent may reenroll if the spouse or dependent meets the 18-month coverage criteria set forth in paragraph A. A spouse or dependent who was not enrolled at the time the retiree withdrew may enroll only if that person meets the criteria set forth in subsection 3-B, paragraph B.
This subsection does not apply to persons who are reemployed by the State following retirement as provided in Public Law 2001, chapter 442.
Sec. 2. Application. This Act applies to persons who elect to decline or withdraw from coverage on or after the effective date of this Act.
Effective September 13, 2003, unless otherwise indicated.
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