txt

HB 228: "An Act relating to state employees who are called to active duty as reserve or auxiliary members of the armed forces of the United States; and providing for an effective date."

00                             HOUSE BILL NO. 228                                                                          
01 "An Act relating to state employees who are called to active duty as reserve or auxiliary                               
02 members of the armed forces of the United States; and providing for an effective date."                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 39.20 is amended by adding a  new section to read:                                                
05            Sec. 39.20.345.  Continuation of pay and benefits for certain members of                                   
06       the reserve and auxiliary units of the armed forces.  (a)  Notwithstanding any                                  
07       contrary provision of law, the governor, through the issuance of an administrative                                
08       order, may authorize state employees who are members of a reserve or auxiliary                                    
09       component of the armed forces of the United States, including the organized militia of                            
10       Alaska, consisting of the Alaska National Guard, the Alaska Naval Militia, and the                                
11       Alaska State Defense Force, and who are called to active duty by the appropriate state                            
12       or federal authority to continue to receive the equivalent of their state compensation                            
13       and some or all of their state benefits.                                                                          
14            (b)  The Department of Administration shall implement an order issued by the                                 
01       governor under this section.  The Department of Administration may adopt emergency                                
02       regulations to implement an order issued by the governor under this section, including                            
03       regulations regarding the scope of compensation and benefits and any allocation                                   
04       between the state and the state employee of contributions relating to the benefits.                               
05       Emergency regulations adopted under this section                                                                  
06                 (1)  are not subject to AS 44.62 (Administrative Procedure Act); and                                    
07                 (2)  take effect immediately unless the Department of Administration                                    
08       specifies another date.                                                                                           
09            (c)  In this section, "benefits" includes credited service in a state retirement                             
10       system, membership in the supplemental employee benefits system under                                             
11       AS 39.30.150 - 39.30.180, and group life and health insurance provided under                                      
12       AS 39.30.090 - 39.30.095 or under a collective bargaining agreement.                                              
13    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       APPLICABILITY.  Until a collective bargaining agreement in effect on the effective                                
16 date of this Act expires, this Act applies to state employees covered by that collective                                
17 bargaining agreement only if that agreement is modified to accept the provisions of this Act.                           
18    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
19 read:                                                                                                                   
20            RETROACTIVITY.  This Act is retroactive to September 11, 2001.                                               
21    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).