Legislature(2001 - 2002)
04/15/2002 09:29 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 239
"An Act relating to state employees who are called to active
duty as reserve or auxiliary members of the armed forces of
the United States; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
DAVID STEWART, Personnel Manager, Division of Personnel, Department
of Administration, explained that the State personnel policy allows
for up to sixteen days of paid leave to State employees undergoing
Army or Air National Guard or Militia training; however, in times
of emergency, State law limits paid leave to five days for State
employees called to active duty by the Governor. He continued that
the balance of that active duty time is considered leave without
pay or as arranged with the employing agency.
Mr. Stewart continued "that individuals who are called to active
duty by the federal government are protected by federal legislation
that provides for return to employment with essentially no loss of
benefits accrued by time;" however, there is no allowance for a
supplementation of wage or continuation of benefits.
Mr. Stewart explained that most State employees who are activated
for more than five days for Army or Air National Guard service,
receive a military wage that might be "more than or less than their
State wage." He commented that this legislation would allow for an
administrative order to be issued by the Governor, under specified
circumstances, to require the State to pay the difference if the
military wage is less than the State wage for a specified period of
time. He noted that this legislation additionally provides that the
State be responsible for health care or retirement contribution
coverage, again for a specified period of time, if the military
does not provide military benefits or if the employee would be
activated for an extended period of time.
Mr. Stewart informed the Committee that other states have passed
similar legislation in response to the terrorism attacks of
September 11, 2001. He referenced a Department of Administration
handout titled "Implementation of Uniformed Services Employee
Return and Reemployment Act (USERRA)" [copy on file] that details
the benefits other states provide. He exampled that Colorado allows
its governor to authorize supplemental military wages for ninety
days and that the District of Columbia specifies that employers
provide health insurance benefits for the first year.
Mr. Stewart disclosed that the Department of Administration has
ascertained that since September 11, 2001, 41 of the 189 State
employees in the Air or National Guard Reserve have been called to
active duty, and, of that number, eight would qualify for the
supplemental wage condition. He noted that depending on whether the
Governor or the federal government activated the employee's
service, the employee might receive military health insurance
coverage, however, their dependents might not be eligible. He
reminded the Committee that State employee dependents could be
covered through COBRA insurance plan provisions; however, he noted
that this coverage is expensive.
Senator Ward asked whether the Governor or the federal government
called to active duty the eight State employees who would qualify
for the supplemental wage.
Mr. Stewart responded that the Governor, on behalf of the federal
government, activated these individuals.
Senator Ward asked the nature of the duties assigned to these eight
individuals.
Mr. Stewart responded that the duty information is not available;
however, he noted that one individual was activated for 365 days
and others were activated in October or December 2001 for a period
of twelve months.
Senator Ward asked the Department to investigate these individuals'
active duty assignments and provide the information to the
Committee.
Mr. Stewart responded that the Department would attempt to gather
this information.
SFC 02 # 56, Side B 10:19 AM
DEBRA GERRISH, identifying herself as the wife of a Warrant Officer
in the National Guard, informed the Committee that the military
does not generally disclose duty assignments. She clarified that
the actual number of State employees called to active service is
189, and she confirmed that of that number, eight would have
qualified for the supplemental wage, as their military wage was
less than their State wage. She stated that most of the people
called to active duty are serving as airport and pipeline security.
Ms. Gerrish shared with the Committee that her family's health
benefits would be negatively affected in the event that her husband
were called to active duty. She explained that in the military, a
call to active duty for less than 180 days disqualifies dependents
from receiving benefits, and that the Army's benefits seldom
provide coverage for pre-existing conditions. She stressed that
this situation could result in families being required to make
decisions whether or not to seek medical care because of the
expense. She noted that, because her husband is an officer, her
family would have sufficient income to cover house payments,
utilities, and basic living needs; however, families of privates or
sergeants would not. She stated that the expense of the COBRA
insurance plan is cost-prohibitive, and she asserted that "if an
officer's wife doesn't have money for COBRA, the private and the
sergeant's wife is certainly not going to have the money to cover
COBRA."
Senator Wilken voiced general support for this legislation, and he
asked how a person qualifies for the Alaska Naval Militia.
Mr. Stewart responded that the Naval Militia is a component of the
Department of Military and Veterans Affairs.
Senator Wilken asked how this program compares to the federal
National Guard program.
Mr. Stewart responded that it is a State program similar to the
National Guard.
Senator Wilken asked that further information be provided to the
Committee regarding the Naval Militia.
Senator Wilken stated that the fiscal note analysis implies that
replacements would not be hired to fill the positions of State
employees called to active duty, but rather that the Department
would absorb the workloads. He asked whether this is the intent of
the legislation.
Mr. Stewart explained that it is not the intent of the bill to
specify that no replacements be hired, but rather it was the intent
of the fiscal note to indicate that, given the event of September
11and its affect on the State's National Guard, it is not possible
to determine the impact or the duration of the activation.
Senator Wilken reiterated his question as whether the intent of the
legislation is not to hire people to replace those individuals
called to active duty.
Mr. Stewart replied that it is not.
Senator Wilken suggested that the fiscal note be revisited. He
further advised that the "trigger mechanism," or rather, what
constitutes an emergency that would result in the Governor calling
people to active duty, should be "clearly defined."
Senator Austerman asked if specific timeframes have been
established for the components of the bill.
Mr. Stewart responded that timelines have not been established for
the bill. He stated that the aforementioned report regarding other
states' legislation would be provided to the Committee, along with
current information pertaining to the individuals who have been
activated and their wage schedule.
Senator Austerman asked Ms. Gerrish if providing health benefits
for the initial 180-days of active service would be beneficial to
those State employees called to active duty.
Ms. Gerrish responded that this would address the health insurance
problem. She furthered that this would also benefit the situation
where people are asked to volunteer for such things as airport
security to fill those positions as people are rotated in and out
of service.
Ms. Gerrish urged the Committee to act on this legislation.
Senator Wilken asked for clarification that the wage supplemental
component of this bill applies to eight rather than all of the
State employees called to active service.
Mr. Stewart replied that is correct.
The bill was ordered HELD in Committee.
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