00                            HOUSE BILL NO. 299                                                                          
01 "An Act excluding certain persons from participating in the Public Employees'                                           
02 Retirement System of Alaska."                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 39.35 is amended by adding a new section to read:                                                  
05            Sec. 39.35.605. Contractors and employees of contractors excluded from                                     
06       plan. (a) A person or legal entity providing services to the state or to a political                            
07       subdivision or public organization on a contractual or fee basis may not participate as                           
08       an employer in the plan based on those services.                                                                  
09            (b)  A person may not participate in the plan as an employee or member as the                                
10       result of performing work for a person providing services under (a) of this section.                              
11    * Sec. 2. AS 39.35 is amended by adding a new section to read:                                                     
12            Sec. 39.35.956. Contractors and employees of contractors excluded from                                     
13       plan. (a) A person or legal entity providing services to the state or to a political                            
14       subdivision or public organization on a contractual or fee basis may not participate as                           

01       an employer in the plan based on those services.                                                                  
02            (b)  A person may not participate in the plan as an employee or member as the                                
03       result of performing work for a person providing services under (a) of this section.                              
04    * Sec. 3. AS 39.35.990(16) is amended to read:                                                                     
05                 (16)  "member" or "employee" means a person who is eligible to                                          
06       participate in the plan and who is covered by the plan, including the governor, the                               
07       lieutenant governor, and a member of the legislature, but does not include                                        
08                      (A)  a full-time or part-time instructor [INSTRUCTORS] of                                  
09            the Department of Labor and Workforce Development or [AND] the                                           
10            Department of Education and Early Development in a position [POSITIONS]                                  
11            that requires [REQUIRE] a teaching certificate; or                                                   
12                      (B)  a person who is compensated on a contractual or fee                                       
13            basis;                                                                                                   
14    * Sec. 4. AS 39.35.990(17) is amended to read:                                                                     
15                 (17)  "membership service" means full-time or part-time employment                                      
16       of a member or employee with an employer in the plan;                                                         
17    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
18 read:                                                                                                                   
19       APPLICABILITY. AS 39.35.605, enacted by sec. 1 of this Act, AS 39.35.956,                                         
20 enacted by sec. 2 of this Act, AS 39.35.990(16), as amended by sec. 3 of this Act, and                                  
21 AS 39.35.990(17), as amended by sec. 4 of this Act, apply to contracts entered into on or after                         
22 the effective date of this Act.