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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 126                                                                                                         
01 Relating to workers' compensation benefits for members of the organized militia.                                        
02                           _______________                                                                               
03    * Section 1. AS 23.30 is amended by adding a new section to read:                                                    
04 Sec. 23.30.236. Members of the organized militia as employees. (a) A                                                    
05 member of the organized militia who has been ordered into active state service by the                                   
06 governor under AS 26.05.070 or ordered into training under AS 26.05.100, and who                                        
07 suffers an injury, disability, or death in the line of duty, is an employee of the state for                            
08       purposes of this chapter.                                                                                         
09            (b)  The gross weekly earnings for members of the organized militia are                                      
10       calculated using the methods prescribed under AS 26.05.260(h).                                                    
11    * Sec. 2. AS 26.05.260(d) is amended to read:                                                                        
12            (d)  A member of the organized militia who, while performing duties under                                    
13       AS 26.05.070 or training under AS 26.05.100, including transit to and from the                                  
01 member's home of record, suffers an injury or disability in the line of duty is entitled                                
02 to all compensation and benefits available under AS 23.30 (Alaska Workers'                                              
03 Compensation Act). For a member of the Alaska State Defense Force, compensation                                         
04 and benefits under this subsection are provided as though the member were a state                                       
05 employee. A member of the organized militia who has not been ordered into active                                        
06 state service by the governor under AS 26.05.070 or ordered into training under                                       
07 AS 26.05.100 is not entitled to compensation and benefits under AS 23.30 (Alaska                                      
08       Workers' Compensation Act).                                                                                       
09    * Sec. 3. AS 26.05.260(e) is amended to read:                                                                        
10 (e)  If a member of the organized militia dies as a result of an injury or                                              
11 disability suffered in the line of duty while performing duties under AS 26.05.070 or                                 
12 training under AS 26.05.100, including transit to and from the member's home of                                       
13 record, death benefits shall be paid to the persons in the amounts specified in                                         
14 AS 23.30.215. For a member of the Alaska State Defense Force, the death benefits                                        
15 under this subsection are provided as though the member were a state employee. A                                        
16 person is not entitled to death benefits as specified in AS 23.30.215 for a member of                                   
17 the organized militia who dies as a result of an injury or disability suffered in the line                              
18 of duty but who had not been ordered into active state service by the governor under                                    
19       AS 26.05.070 or ordered into training under AS 26.05.100.                                                       
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