HB 467 AM S: "An Act relating to employees of the legislature who are employed under a personal services contract."
00HOUSE BILL NO. 467 am S 01 "An Act relating to employees of the legislature who are employed under a 02 personal services contract." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE INTENT. It is the intent of this Act to increase the flexibility 05 available to the legislature so that legislative employment will be attractive to individuals who 06 do not desire coverage under a state retirement system as part of their compensation package. 07 This Act is not intended to undermine the compensation levels available to most legislative 08 employees, which, under AS 24.10.060(c), include membership in the public employees' 09 retirement system. 10 * Sec. 2. AS 24.10.060 is amended by adding a new subsection to read: 11 (f) An employee of the legislative branch of state government who is 12 employed under a personal services contract is not entitled to membership in the public 13 employees' retirement system (AS 39.35) for employment under the contract. The 14 employee shall be compensated under the state salary schedule set out in
01 AS 39.27.011(a). The employee is entitled to receive leave benefits and employee 02 health coverage unless the personal services contract provides to the contrary. 03 * Sec. 3. AS 39.30.090(b)(1) is amended to read: 04 (1) "eligible employee" means 05 (A) an employee who has served in permanent full-time or part- 06 time employment with the same governmental unit for 30 days or more, except an emergency 07 or temporary employee ; [, AND] 08 (B) an elected or appointed official of a governmental unit, 09 effective upon taking the oath of office; and 10 (C) a contractual employee of the legislative branch of state 11 government under AS 24.10.060(f) if the employee's personal services 12 contract provides that the employee is entitled to coverage; 13 * Sec. 4. AS 39.35.680(21) is amended to read: 14 (21) "member" or "employee" 15 (A) means a person eligible to participate in the system and 16 who is covered by the system; 17 (B) includes 18 (i) an active member; 19 (ii) an inactive member; 20 (iii) a vested member; 21 (iv) a deferred vested member; 22 (v) a nonvested [NON-VESTED] member; 23 (vi) a disabled member; 24 (vii) a retired member; 25 (viii) an elected public officer under AS 39.35.381; 26 (C) does not include 27 (i) former members; 28 (ii) persons compensated on a contractual or fee basis; 29 (iii) casual or emergency workers or nonpermanent 30 employees as defined in AS 39.25.200; 31 (iv) persons covered by the Alaska Teachers' Retirement
01 System except as provided under AS 39.35.131 and 39.35.381, or 02 persons covered by the optional university retirement program; 03 (v) employees of the division of marine transportation 04 engaged in operating the state ferry system who are covered by a union 05 or group retirement system to which the state makes contributions; 06 (vi) justices of the supreme court or judges of the court 07 of appeals or of the superior or district courts of Alaska; 08 (vii) the administrative director of courts appointed 09 under art. IV, sec. 16 of the state constitution unless the director 10 becomes a member under AS 39.35.158; [AND] 11 (viii) members of the elected public officers' retirement 12 system (former AS 39.37); and 13 (ix) contractual employees of the legislative branch 14 of state government under AS 24.10.060(f); 15 (D) may include employees of the division of marine 16 transportation excluded under (C)(v) of this paragraph provided that 17 (i) the State of Alaska formally agrees to their inclusion 18 through the process of collective bargaining; and 19 (ii) no collective bargaining agreement has the effect of 20 obligating contributions made by the state under AS 39.30.150 in the 21 event the state resumes participation in the federal social security 22 system;