HB 84: "An Act establishing a one-time occupational death benefit for peace officers and firefighters."
00 HOUSE BILL NO. 84 01 "An Act establishing a one-time occupational death benefit for peace officers and 02 firefighters." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 39.35.430(c) is amended to read: 05 (c) The one-time payment of $100,000 provided for in (i) of this section 06 and the first payment of the surviving spouse's pension or of a dependent child's 07 pension shall be made for the month following the month in which the employee dies; 08 however, a one-time payment and a $100,000 or pension payment may not [AND 09 PAYMENT SHALL CEASE TO] be made for a [BEGINNING WITH THE] month 10 in which there is neither a [NO] surviving spouse nor a [OR NO] dependent child. 11 * Sec. 2. AS 39.35.430 is amended by adding a new subsection to read: 12 (i) A spouse who is paid a monthly survivor's pension under (b) of this section 13 shall also be paid a one-time payment of $100,000 if the employee was a peace officer 14 or firefighter. If there is no spouse or if the spouse dies before the month following the
01 month in which the employee dies, the one-time payment of $100,000 shall be paid in 02 equal parts to the dependent children of the employee. Notwithstanding another 03 provision of this section, a person who is the surviving spouse or a surviving 04 dependent child of a peace officer or firefighter and who committed an act that was a 05 substantial cause of the peace officer's or firefighter's death is ineligible to receive any 06 portion of the one-time payment of $100,000 provided for under this subsection. 07 * Sec. 3. AS 39.35.475(e) is amended to read: 08 (e) When computing an occupational death benefit under AS 39.35.430 or 09 39.35.440 or a survivor's benefit under AS 39.35.450, adjustments granted to the 10 deceased member or survivor under this section shall be included. A one-time 11 payment of $100,000 under AS 39.35.430 is not subject to this requirement. 12 * Sec. 4. AS 39.35.892(b) is amended to read: 13 (b) The one-time payment of $100,000 provided for in (f) of this section 14 and the first payment of the surviving spouse's pension or of a dependent child's 15 pension shall be made for the month following the month in which the employee dies; 16 however, a one-time payment of $100,000 may not be made if, in that month, 17 there is neither a surviving spouse nor a dependent child. Pension payments [. 18 PAYMENTS] shall cease on the last day of the month in which there is no longer an 19 eligible spouse or eligible dependent child, or the last day of the month following the 20 earliest date the employee would have first qualified for normal retirement if the 21 employee had survived, whichever day is sooner. 22 * Sec. 5. AS 39.35.892 is amended by adding a new subsection to read: 23 (f) A spouse who is paid a monthly survivor's pension under (a) of this section 24 shall also be paid a one-time payment of $100,000 if the employee was a peace officer 25 or firefighter. If there is no spouse or if the spouse dies before the month following the 26 month in which the employee dies, the one-time payment of $100,000 shall be paid in 27 equal parts to the dependent children of the employee. Notwithstanding another 28 provision of this section, a person who is the surviving spouse or a surviving 29 dependent child of a peace officer or firefighter and who committed an act that was a 30 substantial cause of the peace officer's or firefighter's death is ineligible to receive any 31 portion of the one-time payment of $100,000 provided for in this subsection.