txt

SB 145: "An Act relating to the Teachers' Retirement System, the Judicial Retirement System, and the Public Employees' Retirement System for qualified military service; relating to the definition of 'veteran' for purposes of housing, eligibility for veterans' loans, and preferences in state employment hiring; and providing for an effective date."

00                             SENATE BILL NO. 145                                                                         
01 "An Act relating to the Teachers' Retirement System, the Judicial Retirement System,                                    
02 and the Public Employees' Retirement System for qualified military service; relating to                                 
03 the definition of 'veteran' for purposes of housing, eligibility for veterans' loans, and                               
04 preferences in state employment hiring; and providing for an effective date."                                           
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 14.25.195 is amended by adding new subsections to read:                                           
07            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
08       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
09       member are entitled to any additional benefits that would have been provided to the                               
10       survivors under the plan had the member resumed employment and then terminated                                    
11       employment on account of death. For purposes of this subsection, periods of qualified                             
12       military service are not included in calculations of credited service.                                            
13            (c)  Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a                                  
14       member receiving differential wage payments from an employer shall be treated as                                  
01       employed by that employer, and the differential wage payment shall be treated as                                  
02       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
03       415(c). For purposes of this subsection, "differential wage payment" means any                                    
04       payment which                                                                                                     
05                 (1)  is made by an employer to an individual with respect to any period                                 
06       during which the individual is performing service in the uniformed services, as defined                           
07       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
08                 (2)  represents all or a portion of the wages the individual would have                                 
09       received from the employer if the individual were performing service for the                                      
10       employer.                                                                                                         
11    * Sec. 2. AS 14.25.582 is amended by adding new subsections to read:                                               
12            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
13       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
14       member are entitled to any additional benefits that would have been provided to the                               
15       survivors under the plan had the member resumed employment and then terminated                                    
16       employment on account of death. For purposes of this section, periods of qualified                                
17       military service are not included in calculations of credited service.                                            
18            (c)  Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a                                  
19       member receiving differential wage payments from an employer shall be treated as                                  
20       employed by that employer, and the differential wage payment shall be treated as                                  
21       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
22       415(c). For purposes of this subsection, "differential wage payment" means any                                    
23       payment which                                                                                                     
24                 (1)  is made by an employer to an individual with respect to any period                                 
25       during which the individual is performing service in the uniformed services, as defined                           
26       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
27                 (2)  represents all or a portion of the wages the individual would have                                 
28       received from the employer if the individual were performing service for the                                      
29       employer.                                                                                                         
30    * Sec. 3. AS 18.55.470(4) is amended to read:                                                                      
31                 (4)  "veteran" means a person                                                                           
01                      (A)  honorably separated from the military service of the United                                   
02            States who has at any time resided continuously for at least one [A] year in the                         
03            state and who served in the armed forces of the United States for at least 90                                
04            days or whose service was for less than 90 days because of injury or disability                              
05            incurred in the line of duty, between                                                                        
06                           (i)  September 16, 1940, and July 25, 1947;                                                   
07                           (ii)  June 25, 1950, and January 31, 1955; [OR]                                               
08                           (iii)  August 4, 1964, and November 7, 1975;                                                  
09                           (iv)  August 2, 1990, and January 2, 1992;                                                
10                           (v)  September 11, 2001, and ending on the day                                            
11                 prescribed by presidential proclamation or by law as the last date                                  
12                 of Operation Iraqi Freedom; or                                                                      
13                           (vi)  any of the time periods listed in 5 U.S.C.                                          
14                 2108(1);                                                                                            
15                      (B)  who served in the Alaska Territorial Guard for at least 90                                    
16            days or whose service was for less than 90 days because of injury or disability                              
17            incurred in the line of duty, and who has at any time resided continuously for                               
18            at least one [A] year in the state;                                                                      
19                      (C)  who is the spouse or widow or widower of a person                                             
20            described under (A) or (B) of this paragraph.                                                                
21    * Sec. 4. AS 22.25.110 is amended by adding new subsections to read:                                               
22            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
23       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
24       member are entitled to any additional benefits that would have been provided to the                               
25       survivors under the plan had the member resumed employment and then terminated                                    
26       employment on account of death. For purposes of this subsection, periods of qualified                             
27       military service are not included in calculations of credited service.                                            
28            (c)  Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a                                  
29       member receiving differential wage payments from an employer shall be treated as                                  
30       employed by that employer, and the differential wage payment shall be treated as                                  
31       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
01       415(c). For purposes of this subsection, "differential wage payment" means any                                    
02       payment which                                                                                                     
03                 (1)  is made by an employer to an individual with respect to any period                                 
04       during which the individual is performing service in the uniformed services, as defined                           
05       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
06                 (2)  represents all or a portion of the wages the individual would have                                 
07       received from the employer if the individual were performing service for the                                      
08       employer.                                                                                                       
09    * Sec. 5. AS 26.15.130(a) is amended to read:                                                                      
10            (a)  Qualifications for loans under this chapter are:                                                        
11                 (1)  persons who served in the armed forces of the United States for 90                                 
12       days or more, or whose service was for less than 90 days because of injury or                                     
13       disability incurred in the line of duty, between April 6, 1917, and November 11, 1918,                          
14       between [AND BEGINNING] September 16, 1940, and [TO] November 7, 1975,                                    
15       between August 2, 1990, and January 2, 1992, beginning September 11, 2001, and                                
16       ending on the day prescribed by presidential proclamation or by law as the last                               
17       date of Operation Iraqi Freedom, or who served in a combat zone during any                                
18       period of armed conflict, or during any time period listed in 5 U.S.C. 2108(1), who                           
19       were separated from the armed forces with a discharge other than dishonorable, and                                
20                      (A)  who, at the time of induction into the service, were                                          
21            residents of the territory or state, who had been residents for not less than one                            
22            year immediately before their induction, and who returned to the territory or                                
23            state after discharge as residents with the intention of remaining in the territory                          
24            or state; or                                                                                                 
25                      (B)  who, not being bona fide residents of the territory or state                                  
26            before their entry into the service, have been residents of the territory or state                           
27            for one or more years;                                                                                       
28                 (2)  persons who were dependent on a member of the armed forces or a                                    
29       veteran of World War II at the time of the member's or veteran's death, if                                        
30                      (A)  the member or veteran was a resident of the territory or                                      
31            state for one year before induction into the service; and                                                    
01                      (B)  the member or veteran served in the armed forces for at                                       
02            least 90 days between September 16, 1940, and July 25, 1947, but benefits for                                
03            loans do not accrue to dependents of an enlistee or re-enlistee for time served                              
04            after November 1, 1945, regardless of whether the enlistment or reenlistment                                 
05            was before or after November 1, 1945; and                                                                    
06                      (C)  the member or veteran died before the official date of the                                    
07            termination of that war; and                                                                                 
08                      (D)  the member's or veteran's discharge was not dishonorable;                                     
09                 (3)  persons who have served in the Alaska Army National Guard or the                                   
10       Alaska Air National Guard or the Alaska Naval Militia for not less than six years and                             
11       who have not received a discharge other than honorable.                                                           
12    * Sec. 6. AS 26.15.160 is amended to read:                                                                         
13            Sec. 26.15.160. Extension of chapter to members of the Alaska Territorial                                  
14       Guard and to veterans of the armed forces of the United States [KOREA AND                                   
15       VIETNAM]. The provisions of this chapter, except those provisions relating to the                               
16       payment of bonuses, are extended to persons who served in the Alaska Territorial                                  
17       Guard and to veterans of the armed forces of the United States, who served other                              
18       than dishonorably on active duty between June 25, 1950, and January 31, 1955, [WHO                                
19       SERVED OTHER THAN DISHONORABLY ON ACTIVE DUTY] between                                                            
20       August 4, 1964, and November 7, 1975, between August 2, 1990, and January 2,                                  
21       1992, beginning September 11, 2001, and ending on the day prescribed by                                       
22       presidential proclamation or by law as the last date of Operation Iraqi Freedom,                              
23       or during any time period listed in 5 U.S.C. 2108(1) and to dependents of those                               
24       persons, subject to the following provisions and eligibility qualifications:                                    
25                 (1)  persons are eligible                                                                               
26                      (A)  who served in the Alaska Territorial Guard, who were                                          
27            discharged other than dishonorably from the armed forces of the United States,                               
28            or who are released to a reserve component; and                                                              
29                      (B)  who, at the time of entry into the service, were bona fide                            
30            residents of the territory or State of Alaska and had been residents of the                                  
31            territory or state for not less than one year before their entry into the service;                           
01            and who have returned to the territory or state within a reasonable length of                                
02            time after the end of their service in the Alaska Territorial Guard or their                                 
03            discharge or separation as residents with the intention of remaining in the                                  
04            territory or state; or who, not being bona fide residents of the territory before                            
05            their entry into the service, have lived in the territory or state for at least five                         
06            years following their release from active military service; and                                              
07                      (C)  who served in the armed forces of the United States for 90                                    
08            days or more, or whose service was for a lesser period because of injury or                                  
09            disability incurred in line of duty, between June 25, 1950, and January 31,                                  
10            1955, [OR WHO SERVED IN THE ARMED FORCES OF THE UNITED                                                       
11            STATES FOR 90 DAYS OR MORE OR WHOSE SERVICE WAS FOR A                                                        
12            LESSER PERIOD BECAUSE OF INJURY OR DISABILITY INCURRED IN                                                    
13            LINE OF DUTY,] between August 4, 1964, and July 1, 1977, between                                         
14            August 2, 1990, and January 2, 1992, beginning September 11, 2001, and                                   
15            ending on the day prescribed by presidential proclamation or by law as                                   
16            the last date of Operation Iraqi Freedom, or during any time period listed                               
17            in 5 U.S.C. 2108(1), or who served in the Alaska Territorial Guard for 90 days                           
18            or more or whose service in the Alaska Territorial Guard was for a lesser                                    
19            period because of injury or disability incurred in the line of duty;                                       
20                 (2)  persons are eligible who were dependent upon a member of the                                       
21       Alaska Territorial Guard or armed forces or upon a veteran, including persons who                                 
22       served in the Alaska Territorial Guard, eligible for the benefits of this chapter at the                          
23       time of the member's or veteran's death if the member or veteran was a resident of the                            
24       territory for one year before entry into service [AND DIED BEFORE NOVEMBER 5,                                     
25       1975]; dependents must be unmarried and the deceased veteran or member of the                                     
26       armed forces must have been their chief means of support and they must be either a                                
27       widow, widower, minor child, or a mother, father, sister, or brother incapable of self-                           
28       support; dependents must be residents of the state at the time of application and shall                           
29       intend to remain residents in the state permanently; the rights of minor children under                           
30       this chapter may be exercised only if they have no surviving parent and have an                                   
31       appointed guardian who may apply on their behalf for the benefits of this chapter for                             
01       their care, support, or education;                                                                                
02                 (3)  a person who is eligible for veteran's benefits under the laws of any                              
03       other state or territory is not eligible for the benefits of this section unless the person                       
04       has lived in the state or territory for at least five years following the end of the person's                     
05       service in the Alaska Territorial Guard or release from active military service; a World                          
06       War II veteran who received a bonus under former AS 26.15.120 and former                                          
07       AS 26.15.150 need not repay the bonus in order to qualify under the loan provisions of                            
08       this section;                                                                                                     
09                 (4)  for persons otherwise eligible for the benefits under this section,                                
10       who did not return to the state or territory not later than [WITHIN] one year after the                       
11       end of the persons' service in the Alaska Territorial Guard or separation from the                                
12       service unless prevented from doing so for medical, educational, or other valid                                   
13       purposes approved by the Department of Commerce, Community, and Economic                                          
14       Development not later than [WITHIN] one year after the end of the persons' service                            
15       in the Alaska Territorial Guard or separation from the service, an additional                                     
16       requirement of four years' residence in the state or territory before their entry into the                        
17       service is imposed to entitle them to the benefit provisions of this section.                                     
18    * Sec. 7. AS 39.25.159(f)(5) is amended to read:                                                                   
19                 (5)  "veteran" means a person                                                                           
20                      (A)  with 181 days or more active service in the armed forces of                                   
21            the United States who has been honorably discharged after having served                                      
22            during any period                                                                                            
23                           (i)  between April 6, 1917, and December 1, 1919,                                             
24                 between September 16, 1940, and December 31, 1947, [OR] between                                         
25                 June 27, 1950, and October 14, 1976, between August 2, 1990, and                                    
26                 January 2, 1992, beginning September 11, 2001, and ending on the                                    
27                 day prescribed by presidential proclamation or by law as the last                                   
28                 date of Operation Iraqi Freedom, or during any time period listed                                   
29                 in 5 U.S.C. 2108(1); or                                                                             
30                           (ii)  in which the person was awarded a campaign badge,                                       
31                 expedition medal, the Purple Heart, or an award or decoration for                                       
01                 heroism or gallantry in action;                                                                         
02                      (B)  who served 181 days or more in the Alaska Territorial                                         
03            Guard.                                                                                                       
04    * Sec. 8. AS 39.35.677 is amended by adding new subsections to read:                                               
05            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
06       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
07       member are entitled to any additional benefits that would have been provided to the                               
08       survivors under the plan had the member resumed employment and then terminated                                    
09       employment on account of death. For purposes of this subsection, periods of qualified                             
10       military service are not included in calculations of credited service.                                            
11            (c)  Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a                                  
12       member receiving differential wage payments from an employer shall be treated as                                  
13       employed by that employer, and the differential wage payment shall be treated as                                  
14       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
15       415(c). For purposes of this subsection, "differential wage payment" means any                                    
16       payment which                                                                                                     
17                 (1)  is made by an employer to an individual with respect to any period                                 
18       during which the individual is performing service in the uniformed services, as defined                           
19       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
20                 (2)  represents all or a portion of the wages the individual would have                                 
21       received from the employer if the individual were performing service for the                                      
22       employer.                                                                                                         
23    * Sec. 9. AS 39.35.972 is amended by adding new subsections to read:                                               
24            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
25       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
26       member are entitled to any additional benefits that would have been provided to the                               
27       survivors under the plan had the member resumed employment and then terminated                                    
28       employment on account of death. For purposes of this subsection, periods of qualified                             
29       military service are not included in calculations of credited service.                                            
30            (c)  Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a                                  
31       member receiving differential wage payments from an employer shall be treated as                                  
01       employed by that employer, and the differential wage payment shall be treated as                                  
02       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
03       415(c). For purposes of this subsection, "differential wage payment" means any                                    
04       payment which                                                                                                     
05                 (1)  is made by an employer to an individual with respect to any period                                 
06       during which the individual is performing service in the uniformed services, as defined                           
07       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
08                 (2)  represents all or a portion of the wages the individual would have                                 
09       received from the employer if the individual were performing service for the                                      
10       employer.                                                                                                         
11    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       RETROACTIVITY. (a) AS 14.25.195(b), added by sec. 1 of this Act,                                                  
14 AS 14.25.582(b), added by sec. 2 of this Act, AS 22.25.110(b), added by sec. 4 of this Act,                             
15 AS 39.35.677(b), added by sec. 8 of this Act, and AS 39.35.972(b), added by sec. 9 of this                              
16 Act, are retroactive to January 1, 2007.                                                                                
17       (b)  AS 14.25.195(c), added by sec. 1 of this Act, AS 14.25.582(c), added by sec. 2 of                            
18 this Act, AS 22.25.110(c), added by sec. 4 of this Act, AS 39.35.677(c), added by sec. 8 of                             
19 this Act, and AS 39.35.972(c), added by sec. 9 of this Act, are retroactive to January 1, 2009.                         
20    * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).