16-222 C.M.R. ch. 19
16 DEPARTMENT OF PUBLIC SAFETY
222 BUREAU OF MAINE STATE POLICE
SUMMARY: This chapter outlines the procedures governing the award of death benefits to the child, spouse or parent of a law enforcement officer who dies while in the line of duty.
1. Chief. "Chief" means the Chief of the State Police.
2. Child. "Child" means any natural born or unborn child, legally adopted child or stepchild of a law enforcement officer who, at the time of the law enforcement officer's death, is: A. Conceived or less than 19 years of age; B. 19 or more years of age, but less than 25 years of age, and accepted for admission or enrolled full-time in a postsecondary educational institution; or C. 19 or more years of age and is incapable of self-support because of a physical or mental disability.
3. Died while in the line of duty. "Died while in the line of duty" means to cease to be alive or to sustain an injury or illness that results in death as a result of the performance of a law enforcement officer's official duty.
4. Law enforcement officer or officer. "Law enforcement officer" or "officer" means a law enforcement officer or officer as defined in 25 M.R.S.A. §1611, sub-§5.
5. Official duty. "Official duty" means an action that a law enforcement officer is authorized or obligated by law, rule, regulation or condition of employment or service to perform.
6. Parent. "Parent" means the natural or adoptive mother or father, or stepmother or stepfather, whose parental rights have not been terminated and who contributed significantly to the upbringing of a law enforcement officer.
7. Spouse. "Spouse" means a person who is legally married to a law enforcement officer at the time of the law enforcement officer's death.
8. Under the influence. “Under the influence” means under the influence of alcohol, a drug other than alcohol, a combination of drugs, a combination of alcohol and drugs or having a blood alcohol level of .08% or more.
1. If the Chief determines that a law enforcement officer died while in the line of duty, the State shall pay a benefit of $50,000 as follows:
A. If there is no surviving child of the law enforcement officer, to the surviving spouse;
B. If there is a surviving child or children and a surviving spouse of the law enforcement officer, 1/2 to the surviving child or children in equal shares and 1/2 to the surviving spouse;
C. If there is no surviving spouse of the law enforcement officer, to the child or children in equal shares; or
D. If there is no surviving child or spouse, to the parent or parents of the law enforcement officer in equal shares.
1. Notwithstanding a determination by the Chief that a law enforcement officer died while in the line of duty, a benefit may not be paid:
A. If the death or the injury or illness that resulted in the death was caused by the intentional misconduct of the law enforcement officer or by the law enforcement officer’s intention to bring about the death or the injury or illness that resulted in the death;
B. If the law enforcement officer was voluntarily under the influence at the time of the death or the injury or contracting of the illness that resulted in the death and being under the influence was a substantial contributing factor in the death or the injury or illness that resulted in the death;
C. If the law enforcement officer was performing in a grossly negligent manner at the time of the death or the injury or contracting of the illness that resulted in the death; or
D. To any person who would otherwise be entitled to a benefit pursuant to 25 M.R.S.A. c. 195-A and this chapter, if the person’s actions were a
substantial contributing factor to the death of the law enforcement officer.
E. If the potentially eligible child, spouse or parent dies prior to actual receipt of this death benefit.
1. A person who is potentially eligible to receive these benefits, or a person authorized to request benefits acting as an agent of a potentially eligible person, must forward a written request to the Chief for a State of Maine Application for Line of Duty Death Benefit within 90 days of the law enforcement officer's death. The 90 day period may be extended by the Chief for good cause shown.
2. Upon receipt of the written request for a State of Maine Application for Line of Duty Death Benefit, the Chief shall provide an application package and questionnaire that must be completed and returned within 30 days of receipt by the applicant. The 30 day period may be extended by the Chief for good cause shown.
1. Upon receipt of a completed State of Maine Application for Line of Duty Death Benefit, the Chief shall appoint a review panel consisting of at least three, but not more than five, persons knowledgeable in law enforcement official duties.
2. The review panel shall convene to review the application, investigate the circumstances surrounding the death and make a written recommendation to approve or deny the application to the Chief within 30 days. If the Chief determines that further investigation is necessary, the Chief may extend the review period.
3. The Chief, after review of the recommendation, shall make the determination to approve or deny the application in a timely manner. The Chief's determination is the final agency decision.
1. The Chief may make interim benefits payments in accordance with and subject to the limitations outlined in 25 M.R.S.A. §1612.
1. An appeal of the final agency decision may be filed in accordance with the Administrative Procedure Act, 5 M.R.S.A. c. 375, sub-c. VII.
STATUTORY AUTHORITY: 25 M.R.S.A. §1612.8
EFFECTIVE DATE:
November 9, 2002 - filing 2002-421