HB 417: "An Act relating to eligibility for the longevity bonus; and providing for an effective date."
00HOUSE BILL NO. 417 01 "An Act relating to eligibility for the longevity bonus; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.45.010(a) is amended to read: 05 (a) Except as provided in AS 47.45.015, a [A] person who is 65 years of age 06 or over who resides in the state for at least one year immediately preceding application 07 for a longevity bonus under this chapter may apply to the commissioner of 08 administration no later than December 31, 1996, for qualification to receive a monthly 09 bonus of 10 (1) $250, if the person's application was submitted before 11 January 1, 1994; 12 (2) $200, if the person's application was submitted on or after 13 January 1, 1994, but before January 1, 1995; 14 (3) $150, if the person's application was submitted on or after
01 January 1, 1995, but before January 1, 1996; or 02 (4) $100, if the person's application was submitted on or after 03 January 1, 1996, but before January 1, 1997. 04 * Sec. 2. AS 47.45 is amended by adding a new section to read: 05 Sec. 47.45.015. MAXIMUM INCOME FOR ELIGIBILITY TO RECEIVE 06 LONGEVITY BONUS. (a) Notwithstanding any other provision of this chapter, a 07 person otherwise eligible to receive a bonus is disqualified from receiving the bonus 08 for the period from July of one year through June of the following year if 09 (1) the person is not married, or is married but is not sharing a 10 residence with the person's spouse, and the person's gross income for the calendar year 11 preceding the July to June period equals or exceeds $60,000; or 12 (2) the person is married, is sharing a residence with the person's 13 spouse, and the gross income of the person and the person's spouse for the calendar 14 year preceding the July to June period equals or exceeds $80,000. 15 (b) A disqualification under this section is not permanent. If the circumstances 16 of a disqualified person change so that the person would no longer be disqualified 17 under this section, the person may reapply for the bonus. The provisions of 18 AS 47.45.045 do not apply to a disqualification under this section. 19 (c) In order to verify gross income amounts, the commissioner of 20 administration may, by regulation 21 (1) provide for access to records of a person who is applying for or 22 receiving a bonus; and 23 (2) establish procedures for auditing gross income statements made by 24 a person who is applying for or receiving a bonus. 25 (d) In this section "gross income" has the same meaning as "adjusted gross 26 income" in 26 U.S.C. 62, except that 27 (1) income received from bonuses under this chapter is not included in 28 gross income; and 29 (2) income that is exempt from federal income tax under 26 U.S.C. 102 30 (gifts and inheritances) and 26 U.S.C. 103 (interest on state and local bonds) is 31 included in gross income.
01 * Sec. 3. AS 47.45.030 is amended by adding a new subsection to read: 02 (b) After qualification, a recipient who has been absent from the state for 180 03 days or more during any one-year period is permanently disqualified from receiving 04 the bonus. The commissioner of administration shall include on each monthly bonus 05 application a place for a recipient to state, under penalty of perjury, that the recipient 06 has not been absent from the state for 180 days or more during the one-year period 07 immediately before the date of the application. If the recipient has been absent from 08 the state for 180 days or more during the one-year period the commissioner shall 09 provide an opportunity for the recipient to explain why the absence is believed to be 10 beyond the control of the recipient as specified in regulations adopted by the 11 commissioner. If the commissioner determines that a period of absence is beyond the 12 control of the recipient, so that the total of absences not beyond the control of the 13 recipient does not equal or exceed 180 days during this one-year period, the recipient 14 may not be disqualified under this subsection. 15 * Sec. 4. SPECIAL PROVISION FOR THOSE PERSONS WHO HAVE NOT APPLIED 16 FOR THE BONUS BEFORE THE EFFECTIVE DATE OF THIS ACT. A person who, as 17 of July 1, 1996, has never applied for the longevity bonus under AS 47.45, and who, by 18 December 31, 1996, will meet the age and residency requirements of AS 47.45.010(a), must 19 apply for the bonus before January 1, 1997, in order to preserve future eligibility for the 20 bonus, even if the person is ineligible upon application because of AS 47.45.015, as enacted 21 by sec. 2 of this Act. The person upon application shall be suspended from the bonus 22 program until the time that the person is no longer disqualified under AS 47.45.015, as 23 enacted by sec. 2 of this Act. 24 * Sec. 5. APPLICABILITY. This Act applies to the eligibility determinations for bonuses 25 paid on or after July 1, 1996. 26 * Sec. 6. TRANSITION: REGULATIONS. Notwithstanding sec. 8 of this Act, the 27 commissioner of administration may proceed to adopt regulations necessary to implement the 28 provisions of this Act. The regulations take effect under AS 47.45.100, but not before 29 July 1, 1996. 30 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 31 * Sec. 8. Sections 1 - 5 of this Act take effect July 1, 1996.