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SB 38: "An Act establishing a one-time occupational death benefit for peace officers and firefighters."

00                             SENATE BILL NO. 38                                                                          
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.