00                             SENATE BILL NO. 177                                                                         
01 "An Act relating to cost-of-living benefits for retired members in the public employees'                                
02 retirement system and the teachers' retirement system who are called to active military                                 
03 duty; and providing for an effective date."                                                                             
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 14.25.142(c) is amended to read:                                                                  
06            (c)  In this section, "residing in the state" means domiciled and physically                                 
07       present in the State of Alaska.  A [BEING ABSENT FROM THE STATE FOR A                                         
08       CONTINUOUS PERIOD OF 90 DAYS OR LESS, OR SIX MONTHS OR LESS                                                       
09       WHEN ORDERED BY A PHYSICIAN, DOES NOT CHANGE A] person's status as                                                
10       "residing in the state [.]" does not change if the person is absent from the state for                        
11       a continuous period of                                                                                        
12                 (1)  90 days or less;                                                                               
13                 (2)  six months or less, when ordered by a physician to be absent                                   
14       from the state; or                                                                                            
01                 (3)  any length of time while the person is a member of a reserve or                                
02       auxiliary component of the armed forces of the United States, including the                                   
03       organized militia of Alaska consisting of the Alaska National Guard, the Alaska                               
04       Naval Militia, and the Alaska State Defense Force, and is called to active duty by                            
05       the appropriate state or federal authority.                                                                   
06    * Sec. 2.  AS 39.35.480(d) is amended to read:                                                                     
07            (d)  For purposes of this section, "residing in the state" means domiciled and                               
08       physically present in the state.  A [BEING ABSENT FROM THE STATE FOR A                                        
09       CONTINUOUS PERIOD OF 90 DAYS OR LESS OR SIX MONTHS OR LESS                                                        
10       WHEN ORDERED BY A PHYSICIAN DOES NOT CHANGE A] person's status as                                                 
11       "residing in the state [.]" does not change if the person is absent from the state for                        
12       a continuous period of                                                                                        
13                 (1)  90 days or less;                                                                               
14                 (2)  six months or less, when ordered by a physician to be absent                                   
15       from the state; or                                                                                            
16                 (3)  any length of time while the person is a member of a reserve or                                
17       auxiliary component of the armed forces of the United States, including the                                   
18       organized militia of Alaska, consisting of the Alaska National Guard, the Alaska                              
19       Naval Militia, and the Alaska State Defense Force, and is called to active duty by                            
20       the appropriate state or federal authority.                                                                   
21    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
22 read:                                                                                                                   
23       RETROACTIVITY.  Sections 1 and 2 of this Act are retroactive to January 1, 2003.                                  
24    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).