Maine 2023 2023-2024 Regular Session

Maine Senate Bill LD1964 Introduced / Fiscal Note

Filed 05/25/2023

                    Approved: 05/25/23
LD 1964	LR 9(01)
FY 2023-24 FY 2024-25
Projections 
FY 2025-26
Projections 
FY 2026-27
Net Cost (Savings)
General Fund $0 $67,000,000 $0 $0
Appropriations/Allocations
Other Special Revenue Funds $0 $67,948,385 $169,246,264 $351,775,752
Revenue
Other Special Revenue Funds $0 $181,838,250 $371,497,500 $387,471,150
Transfers
General Fund $0 ($67,000,000) $0 $0
Other Special Revenue Funds $0 $67,000,000 $0 $0
Correctional and Judicial Impact Statements
Fiscal Detail and Notes
Establishes new civil violations. May increase the number of civil suits filed in the court system.
The collection of additional fines will increase future biennium revenue to the General Fund or the Paid Family 
 Medical Leave Insurance Fund by minor amounts.
Preliminary Fiscal Impact Statement
Fiscal Note Required: Yes
131st MAINE LEGISLATURE
An Act to Implement the Recommendations of the Commission to Develop a Paid Family and Medical 
Leave Benefits Program
Preliminary Fiscal Impact Statement for Original Bill
Sponsor: Sen. Daughtry of Cumberland
Committee: Labor and Housing
This bill implements a paid family and medical leave benefits program that entitles eligible individuals to take leave 
from employment for certain family and medical reasons and receive paid benefits during that leave.  It authorizes the 
assessment of a premium based on employee wages, to begin on January 1, 2025, to finance the payment of benefits as 
well as administrative costs.  The bill provides that the premium amount may not be more than a combined rate of 
1.0% of wages.  Employers that employ 15 or more employees are required to remit 100% of the cost of the premium 
which can include up to 50% deducted from employee wages.  Employers with fewer than 15 employees are required 
to remit 50% of the premium cost, all of which can be deducted from employee wages.
LR0009(01) - Fiscal Note - Page 1 of 2 Any family leave benefits and medical leave benefits paid under the program are not subject to the state income tax.
The Department of Labor has estimated that it will cost approximately $67,948,385 in fiscal year 2024-25 to establish 
and implement the paid family and medical leave program.  Of that amount, approximately $65,000,000 is for the one-
time cost to develop the infrastructure needed to collect premiums from employers.  The estimated ongoing costs for 
the initial staff and related expenses needed to implement the program is $2,948,384 in fiscal year 2024-25.  This 
assumes 11 positions begin on July 1, 2024.  Because contributions to support the program will not begin until 
January 2025, a one-time transfer of $67,000,000 from the unappropriated surplus of the General Fund to the Paid 
Family and Medical Leave Insurance Fund will be required no later than July 31, 2024.  The department estimates it 
will require a total of 95 positions to fully administer the program beginning in fiscal year 2026-27 at a cost of 
$12,675,751. 
This fiscal note utilizes information from the Maine Paid Family and Medical Leave Benefits Program actuarial study 
dated August 2022, performed by Milliman, Inc.  Milliman, Inc. prepared numerous program "design options" with 
varying assumptions on income replacement, waiting periods and benefit periods to estimate the contributions and 
benefit amounts that each option would generate.  Although the program design of 90% income replacement, 7 day 
waiting period and 16 weeks of maximum benefits included in this bill was not one of the options prepared by 
Milliman, Inc., this fiscal note uses an average of 2 design options that were included in the actuarial study that had 
benefit periods of 12 weeks and 20 weeks to get to an option with 16 weeks.  Based on this method, contributions of 
$181,838,250 are estimated to be received in fiscal year 2024-25.  Future contributions are estimated to be 
$371,497,500 in fiscal year 2025-26 and $387,471,150 in fiscal year 2026-27.  The amount of benefits to be paid to 
eligible employees are estimated to be $162,675,000 in fiscal year 2025-26 and $339,100,000 in fiscal year 2026-27.  
Assuming these estimates are realized, the bill's required fund balance (annualized amount), defined as 140% of the 
previous year's expenditures, is unlikely to be achieved under a maximum 1% combined contribution rate.
The bill establishes the weekly benefit amount to be paid at 90% of an employee's or self-employed individual's 
average weekly wage with a maximum weekly benefit amount being capped at 120% of the state average weekly wage 
and limits the aggregate amount of leave an individual may take to 16 weeks per year.  The bill establishes January 1, 
2026 as the date benefit payments begin.  The bill requires the Department of Labor to administer the program and 
authorizes the use of a 3rd party administrator to conduct any functions necessary to implement the program.
LR0009(01) - Fiscal Note - Page 2 of 2