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HB 221: "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date."

00HOUSE BILL NO. 221 01 "An Act relating to workers' compensation for volunteer ambulance attendants, 02 police officers, and fire fighters; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30.220(a) is amended to read: 05  (a) The spendable weekly wage of an injured employee at the time of an injury 06 is the basis for computing compensation. It is the employee's gross weekly earnings 07 minus payroll tax deductions. The gross weekly earnings shall be calculated as 08 follows: 09  (1) the gross weekly earnings are computed by dividing by 100 the 10 gross earnings of the employee in the two calendar years immediately preceding the 11 injury; 12  (2) if the employee was absent from the labor market for 18 months 13 or more of the two calendar years preceding the injury, the board shall determine the 14 employee's gross weekly earnings for calculating compensation by considering the

01 nature of the employee's work and work history, but compensation may not exceed the 02 employee's gross weekly earnings at the time of injury; 03  (3) if an employee when injured is a minor, an apprentice, or a trainee 04 in a formal training program, as determined by the board, whose wages under normal 05 conditions would increase during the period of disability, the projected increase may 06 be considered by the board in computing the gross weekly earnings of the employee; 07  (4) if the employee is injured while performing duties as a volunteer 08 ambulance attendant, police officer, or fire fighter, the gross weekly earnings for 09 calculating compensation shall be the minimum gross weekly earnings paid a full-time 10 ambulance attendant, police officer, or fire fighter employed in the political subdivision 11 where the injury occurred, or the employee's weekly earnings as calculated under 12 (1) of this subsection, whichever is higher [, IF THE POLITICAL SUBDIVISION 13 HAS NO FULL-TIME AMBULANCE ATTENDANTS, POLICE OFFICERS, OR 14 FIRE FIGHTERS, AT A REASONABLE FIGURE PREVIOUSLY SET BY THE 15 POLITICAL SUBDIVISION TO MAKE THIS DETERMINATION BUT IN NO 16 CASE MAY THE GROSS WEEKLY EARNINGS FOR CALCULATING 17 COMPENSATION BE LESS THAN THE MINIMUM WAGE COMPUTED ON THE 18 BASIS OF 40 HOURS WORK PER WEEK]. 19 * Sec. 2. AS 23.30 is amended by adding a new section to read: 20  Sec. 23.30.238. VOLUNTEER AMBULANCE ATTENDANTS, POLICE 21 OFFICERS, AND FIRE FIGHTERS AS EMPLOYEES. A person who suffers an 22 injury while providing service as a volunteer ambulance attendant, police officer, or 23 fire fighter is for purposes of this chapter an employee of the municipality in which 24 the person provides the volunteer service if the person is not otherwise covered for that 25 injury by an employer's workers' compensation insurance policy or self-insurance 26 certificate. 27 * Sec. 3. AS 23.30.092 is repealed. 28 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).