Legislature(1999 - 2000)
05/14/1999 03:24 PM House L&C
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* first hearing in first committee of referral
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HB 226 - CREDITED SERVICE FOR ON-THE-JOB INJURIES
Number 2006
CHAIRMAN ROKEBERG announced the committee's next order of business
is HB 226, "An Act relating to credited service under the teachers'
retirement system for education employees on leave without pay or
receiving workers' compensation benefits because of certain
on-the-job injuries."
Number 2014
REPRESENTATIVE JOHN COGHILL, JR., Alaska State Legislature, came
forward as the bill sponsor. Representative Coghill indicated this
legislation is related to the physical assault of a teacher or
school employee. Currently, if a teacher or school worker is
assaulted while performing his/her duties, he/she would receive
workers' compensation while out for injury but no money would be
paid into the person's retirement. In this legislation, that
provision would be paid for by the employer if it was a physical
assault. If a teacher or school employee is out for some other
work-related injury, this legislation would allow the person to buy
that time for retirement. Representative Coghill noted HB 226
corrects a small "glitch" in helping teachers and school workers.
He indicated this came to his attention through working with
NEA-Alaska and he had decided to carry this particular piece of
legislation. Representative Coghill thinks it is good for the
teachers, is a proper piece of legislation, and he commends it to
the committee.
REPRESENTATIVE MURKOWSKI commented she thinks it is a great bill.
Referring to the written April 29, 1999, testimony in the bill
packet from Cheryl Rankin, a teacher who was injured at the Whaley
School, Representative Murkowski questioned if Representative
Coghill had any idea how many teachers they were actually talking
about. She asked if this was an endemic problem, noting she would
like to think not.
Number 2112
REPRESENTATIVE COGHILL answered he has not seen any statistics on
that, but perhaps John Cyr [President, NEA-Alaska] or Mr. Church
[Retirement Supervisor, Division of Retirement and Benefits,
Department of Administration] might be willing to answer that
question.
CHAIRMAN ROKEBERG indicated he would prefer to hold that testimony.
REPRESENTATIVE HARRIS commented this was not adding a fiscal note
for the Department of Education or the retirement and benefits
program, but he asked if the legislation would have an implied cost
to individual public school systems.
REPRESENTATIVE COGHILL replied he thinks it probably will. He
indicated they were asking the employer, the local municipality or
whoever is in charge of hiring the teacher or school employee, to
pay.
REPRESENTATIVE HARRIS questioned if Representative Coghill had any
numbers.
REPRESENTATIVE COGHILL noted these were being written down as he
spoke. The average absence is five days; $360 would be an entire
month's worth. He noted this was per employee.
REPRESENTATIVE MURKOWSKI referred to the language specifying that
the assault occur while on the job. However, she pointed out that
does not necessarily mean on school grounds. She questioned that
a teacher out on a field trip would still be covered under this.
REPRESENTATIVE COGHILL answered in the affirmative. He indicated,
in response to the chairman's comment, that Mr. Cyr could answer
questions regarding the amount of people this would affect or who
have been injured.
CHAIRMAN ROKEBERG invited Mr. Cyr forward and indicated
Representative Coghill should remain with the committee at the
table.
Number 2247
JOHN CYR, President, NEA-Alaska, came forward to testify in support
of HB 226. He expressed his appreciation for the assistance of
Representative Coghill and Representative Coghill's staff, Rynnieva
Moss. Mr. Cyr indicated NEA-Alaska feels this is really pretty
simple. Workers' compensation ["workers' comp"] is a non-pay
status; the person is no longer drawing a paycheck from the
[school] district. Therefore, if a person is assaulted on the job
and is hurt badly enough to go on workers' compensation, the
individual loses his/her retirement benefit for that period of
time. According to their research, the average cost for TRS
[Teachers' Retirement System] or PERS [Public Employees' Retirement
System] is $360 per month for someone making $50,000 annually.
They do not have any figures for length of injury caused by
physical assault, but five days is the average length of time a
person is on workers' compensation for regular on-the-job injuries.
At $18 per day, that is an average of $90 to cover this. Mr. Cyr
pointed out this is an average. Regarding the number of people, he
has found one person in the last three years who has been affected:
Cheryl Rankin, a teacher at the Whaley Center in Anchorage.
NEA-Alaska frankly hopes that no one has to use this. Mr. Cyr
indicated he has some other research which shows there are a number
of teachers and school employees assaulted on the job, but not at
a level where they draw workers' compensation. They might be out
for a day or two, in which case they would draw sick leave. It
would be an extraordinary case where this would affect someone.
However, NEA-Alaska does think it is important. When a person goes
on workers' compensation, his/her salary is an average of the last
three years; therefore, he/she could lose money there and would
lose retirement. The person is being caught on both sides because
of his/her profession. Mr. Cyr reiterated NEA-Alaska's support for
the legislation.
Number 2339
CHAIRMAN ROKEBERG asked for a review of the numbers Mr. Cyr had
provided.
MR. CYR responded that if a person is making $50,000 per year, the
school district's contribution to TRS, the TRS premium, would be
$360 per month. Mr. Cyr added in response to the chairman's
request for clarification, "It's the employee premium ... that's
how much the employee would be contributing per month, and so five
days of that .... It is gonna cost districts something, but ...
it's a real small price to pay to have people feel like they're
protected.
REPRESENTATIVE SANDERS questioned that the five-day average only
included workers' compensation, not the one or two-day absences
mentioned later. He indicated the average would then drop way
down.
MR. CYR confirmed those one and two days are covered by sick leave
and are not being counted. He noted those are not covered in this
legislation at all.
CHAIRMAN ROKEBERG questioned whether workers' compensation tripped
in at five days.
MR. CYR said he received the figures from [federal] OSHA
[Occupational Safety and Health Administration, U.S. Department of
Labor] which examined on-the-job injuries for public employees.
Basically, the median of those injuries is five days and it is not
broken out into type. Five days is the median length of time a
person is on workers' compensation. Mr. Cyr indicated he has now
provided the committee everything he knows about the statistics.
Mr. Cyr commented he is a history teacher.
There was brief discussion on space-related history questions.
Number 2450
REPRESENTATIVE HALCRO noted that although there has been only one
incident of violence against a teacher [at that level, as far as
they are aware], he asked about the threats of violence and
questioned whether that has been escalating.
MR. CYR responded, "I don't have my school safety stuff with me and
I wish I did. I just got a survey that was done in Anchorage..."
[TESTIMONY INTERRUPTED BY AUTOMATIC TAPE CHANGE]
[From tape log notes: 'percentage' 'level of violence towards
school district personnel on the rise' 'verbal assault']
TAPE 99-59, SIDE B
Number 0001
MR. CYR responded, "...verbal abuse, I mean it really is going --
... it's going up across society. I mean, spend a few minutes too
long at a traffic light and watch what happens. ... That's not
covered in this, but it is ... scarier ... for all of us to be out
there, everywhere."
REPRESENTATIVE HALCRO commented this is amazing. Noting he grew up
in the [Anchorage] school district, he related a fifth-grade story
from 1975 to the committee where he and some friends sneaked next
door from Lake Otis Elementary to the UAA [University of Alaska
Anchorage] bookstore for some candy. They were caught and received
swats, paddling, in the principal's office. Representative Halcro
related his mother, when informed, had said to give him an extra
swat from her. He commented they walked a straight line.
Number 0062
BILL CHURCH, Retirement Supervisor, Division of Retirement and
Benefits, Department of Administration, came forward. He has a
couple of general comments on the legislation. So far the
committee has only been discussing assault, but there is another
section to this. Representative Coghill did touch on it, but Mr.
Church said he wants to make sure everyone understands the
legislation has two sections. Presently, under the PERS system
someone who is on leave without pay as the result of a workers'
compensation injury or illness can claim that time; in other words,
buy that as membership service credited in the system. That has
not been afforded under the TRS system. Under Section 3(d) of the
legislation, this has been corrected. This allows anyone who is
collecting workers' compensation benefits to claim that time and
pay his/her contribution. Section 3(c) allows this for a physical
injury [caused by an on-the-job assault]; the employer would pay
the employee's required TRS contribution. Section 5 would amend
the PERS statutes to also allow this for someone who is an employee
of a school district if it is a physical injury [caused by an
on-the-job assault]; the employer would pay the employee's PERS
contributions.
REPRESENTATIVE BRICE questioned the expected fiscal impact.
MR. CHURCH responded, "Very nil." As Mr. Cyr had done, Mr. Church
indicated he called the Anchorage School District, since it is the
largest school district in the state, to ask if there are any other
cases like this outstanding. The Anchorage School District
questioned its risk management people and no other cases were
known. Therefore, this would have a very low impact.
Number 0142
CHAIRMAN ROKEBERG indicated it would be de minimis, but it would be
unfair if it is not in place and should be changed. The chairman
asked Mr. Church if he would agree with the accuracy of Mr.
Church's numbers.
MR. CHURCH answered in the affirmative.
CHAIRMAN ROKEBERG confirmed there were no further questions for Mr.
Church. He questioned if the sponsor had additional comments.
REPRESENTATIVE COGHILL noted, first, it pains him to put forward a
solution which has little impact. However, he thinks this is a
very needed piece of legislation and would provide comfort to
teachers [and school employees]. His own school board endorses it.
Representative Coghill said he would like to see the legislation
put forward this year; he thinks it would be helpful.
REPRESENTATIVE SANDERS said he would like to ease Representative
Coghill's concern about the impact; he indicated the impact on the
individual is much, much larger than the impact on the state.
Therefore, even though that is minimal, Representative Coghill is
making a big impact on (indisc.) and should feel good about it.
CHAIRMAN ROKEBERG indicated it may very well be little-used, but
will be there when it is needed. The chairman commented he is
surprised Representative Brice did not pick up on this need.
REPRESENTATIVE BRICE replied that actually he had, but has done
about five or six others. He indicated, therefore, he had not
taken this legislation up but had offered his assistance.
CHAIRMAN ROKEBERG noted, however, Representative Brice would be
given the honor.
Number 0230
REPRESENTATIVE BRICE made a motion to move CSHB 226(HES) out of
committee with individual recommendations and the zero fiscal note.
There being no objection, CSHB 226(HES) moved out of the House
Labor and Commerce Standing Committee.
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