CSHB 226(JUD): "An Act permitting the provision of different retirement and health benefits to employees based on marital status except to marital or domestic partners of employees."
00CS FOR HOUSE BILL NO. 226(JUD) 01 "An Act permitting the provision of different retirement and health benefits to 02 employees based on marital status except to marital or domestic partners of 03 employees." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.80.220(a) is amended to read: 06 (a) Except as provided in (c) of this section, it [IT] is unlawful for 07 (1) an employer to refuse employment to a person, or to bar a person 08 from employment, or to discriminate against a person in compensation or in a term, 09 condition, or privilege of employment because of the person's race, religion, color, or 10 national origin, or because of the person's age, physical or mental disability, sex, 11 marital status, changes in marital status, pregnancy, or parenthood when the reasonable 12 demands of the position do not require distinction on the basis of age, physical or 13 mental disability, sex, marital status, changes in marital status, pregnancy, or 14 parenthood;
01 (2) a labor organization, because of a person's sex, marital status, 02 changes in marital status, pregnancy, parenthood, age, race, religion, physical or mental 03 disability, color, or national origin, to exclude or to expel a person from its 04 membership, or to discriminate in any way against one of its members or an employer 05 or an employee; 06 (3) an employer or employment agency to print or circulate or cause 07 to be printed or circulated a statement, advertisement, or publication, or to use a form 08 of application for employment or to make an inquiry in connection with prospective 09 employment, that expresses, directly or indirectly, a limitation, specification, or 10 discrimination as to sex, physical or mental disability, marital status, changes in marital 11 status, pregnancy, parenthood, age, race, creed, color, or national origin, or an intent 12 to make the limitation, unless based upon a bona fide occupational qualification; 13 (4) an employer, labor organization, or employment agency to 14 discharge, expel, or otherwise discriminate against a person because the person has 15 opposed any practices forbidden under AS 18.80.200 - 18.80.280 or because the person 16 has filed a complaint, testified, or assisted in a proceeding under this chapter; 17 (5) an employer to discriminate in the payment of wages as between 18 the sexes, or to employ a female in an occupation in this state at a salary or wage rate 19 less than that paid to a male employee for work of comparable character or work in 20 the same operation, business, or type of work in the same locality; or 21 (6) a person to print, publish, broadcast, or otherwise circulate a 22 statement, inquiry, or advertisement in connection with prospective employment that 23 expresses directly a limitation, specification, or discrimination as to sex, physical or 24 mental disability, marital status, changes in marital status, pregnancy, parenthood, age, 25 race, religion, color, or national origin, unless based upon a bona fide occupational 26 qualification. 27 * Sec. 2. AS 18.80.220 is amended by adding new subsections to read: 28 (c) Notwithstanding the prohibition against employment discrimination on the 29 basis of marital status under (a) of this section, 30 (1) a public employer may, without violating this chapter, refuse to 31 provide benefits to a person based on marital status unless the person
01 (A) is legally married to an employee; or 02 (B) is the domestic partner of an employee as established under 03 (d) of this section; and 04 (2) a labor organization may, with respect to employees of a public 05 employer, without violating this chapter, negotiate to preclude or may directly preclude 06 the provision of benefit to a person based on marital status unless the person 07 (A) is legally married to an employee; or 08 (B) is the domestic partner of an employee as established under 09 (d) of this section. 10 (d) An employee may not establish a domestic partnership for purposes of this 11 section unless both the employee and the individual with whom the domestic 12 partnership is established are unmarried, at least 18 years of age, and mentally 13 competent to consent to contract. 14 (e) In this section, "domestic partner" means an individual who 15 (1) is an employee's only domestic partner and who intends, and who 16 is intended by the employee, to remain the employee's domestic partner indefinitely; 17 (2) is not related to the employee by blood to a degree that would 18 prohibit legal marriage in the state; 19 (3) resides in the same residence as the employee and intends, and is 20 intended by the employee, to do so indefinitely; 21 (4) is, as established by at least five of the criteria set out in this 22 paragraph, jointly responsible with the employee for the employee's common welfare 23 and financial obligations and for whom the employee is jointly responsible in similar 24 fashion; the criteria are 25 (A) having entered into a legally binding domestic partnership 26 agreement with the employee; 27 (B) holding a joint deed, mortgage agreement, or lease of real 28 property with the employee; 29 (C) holding joint ownership of a motor vehicle with the 30 employee; 31 (D) having a joint bank account with the employee;
01 (E) having a joint credit account or other joint liabilities with 02 the employee; 03 (F) having a co-parenting agreement with the employee, having 04 adopted a child of the employee, or being the natural parent of a child of the 05 employee; 06 (G) being designated by the employee as primary beneficiary 07 on the employee's life insurance; 08 (H) being designated by the employee as primary beneficiary 09 of the employee's retirement benefits in case of the employee's death; 10 (I) being designated as the primary beneficiary under the 11 employee's will; and 12 (J) being named by the employee under a durable health care 13 or property power of attorney.