Legislature(2005 - 2006)
2006-11-16 House Journal
Full Journal pdf2006-11-16 House Journal Page 4405 HB 4003 HOUSE BILL NO. 4003 by the House Rules Committee by request of the Governor, entitled: "An Act relating to employment-related insurance benefits for the same-sex partner of a state employee; relating to survivor and medical benefits for the same-sex partner of a member of the state's teachers', public employees', judicial, or elected public officers retirement systems; and providing for an effective date." was read the first time and referred to the Finance Committee. The following fiscal note(s) apply: 1. Fiscal, Dept. of Administration The Governor's transmittal letter dated November 13, 2006, follows: "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to employment-related insurance benefits for the same-sex partner of a state employee and relating to survivor and medical benefits for the same-sex partner of a member of the 2006-11-16 House Journal Page 4406 state's teachers' and public employees', judicial, or elected public officers retirement systems. The bill sets out the purpose of the legislature to allow a public employee or retiree under the state's retirement systems, to the extent required by the Alaska Supreme Court in the case of Alaska Civil Liberties Union v. State, 122 P.3d 781 (Alaska 2005), to have access to employment-related insurance and survivor benefits for the employee's or retiree's same-sex partner that are provided to the spouse of a state employee or retiree under AS 39.30.090 and 39.30.091, and under the statutes that provide for the state's retirement systems. Section 5 of the bill sets out the affidavit and documentation requirements that a state employee or retiree must meet in order to enroll a same-sex partner in the health plans provided to state employees and retirees. These requirements are incorporated by reference in new sections in the statutes for the retirement systems allowing designation of same-sex partners as beneficiaries for survivor benefits (secs. 2 and 3 (teachers' retirement system), sec. 4 (judicial retirement system), secs. 7 and 8 (public employees' retirement system), and sec. 9 (elected public officers' retirement system)). In order to provide a same-sex partner with benefits, an employee or retiree must file an affidavit with the appropriate plan administrator that includes 11 specific declarations, under penalty of perjury, by the employee or retiree and same-sex partner to establish a committed relationship, and must also provide documentation specified by sec. 5 of the bill. The employee or retiree must notify the administrator upon termination of the relationship. In addition to potential criminal penalties, willful falsification of information in the affidavit or documentation provided to enroll a same-sex partner in health benefits or to designate the same-sex partner as a beneficiary for survivor benefits may result in termination of enrollment of the same-sex partner and termination of entitlement to survivor benefits. The bill ratifies the open enrollment conducted under regulations adopted by the commissioner of administration on October 13, 2006. 2006-11-16 House Journal Page 4407 While Alaskans may differ on their views on the wisdom of the court's order, the state has a duty to comply with the court's order. Therefore, I urge your support of this legislation. Sincerely yours, /s/ Frank H. Murkowski Governor"