CSSB 304(RLS) AM: "An Act relating to the permanent disqualification of certain individuals who have been absent from the state for payments under the longevity bonus program; relating to unpaid sabbaticals under the longevity bonus program; and providing for an effective date."
00CS FOR SENATE BILL NO. 304(RLS) am 01 "An Act relating to the permanent disqualification of certain individuals who 02 have been absent from the state for payments under the longevity bonus 03 program; relating to unpaid sabbaticals under the longevity bonus program; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47.45.030 is amended by adding a new subsection to read: 07 (b) The commissioner of administration shall include on each monthly bonus 08 application a place for a recipient to state, under penalty of perjury, whether the 09 recipient has been absent from the state for 180 days or more during the 12 calendar 10 months immediately before the date of the application. If the recipient has been absent 11 from the state for 180 days or more during the 12-month period, the commissioner 12 shall provide an opportunity for the recipient to identify days of the absence that the 13 recipient believes were beyond the control of the recipient as defined in regulations 14 adopted by the commissioner. If, after subtracting days of absence the commissioner
01 determines were beyond the control of the recipient, the remaining days of absence 02 equal at least 180 days during the 12-month period, the recipient is permanently 03 disqualified from receiving the bonus. 04 * Sec. 2. AS 47.45 is amended by adding a new section to read: 05 Sec. 47.45.035. UNPAID SABBATICALS. Notwithstanding AS 47.45.030, 06 after qualification, a recipient may take an unpaid sabbatical for a period of up to 12 07 consecutive months by notifying the Department of Administration of the period the 08 recipient elects to be on unpaid sabbatical status. The notice shall be provided to the 09 department at least 30 days before the first day of the unpaid sabbatical period. While 10 on unpaid sabbatical status, the recipient no longer receives bonuses, but the recipient 11 may be absent from the state at any time without being disqualified. The recipient 12 may again make application for a bonus after returning to the state at the end of the 13 sabbatical period. A recipient who has taken an unpaid sabbatical may not elect to do 14 so again until a period of at least five years has elapsed beginning on the day after the 15 sabbatical ended. 16 * Sec. 3. AS 47.45.070(a) is amended to read: 17 (a) An unqualified person is one who 18 (1) does not meet the age or residence requirements as provided for 19 under this chapter; 20 (2) meets the age and residence requirements of this chapter but either 21 is confined in a state or federal mental health institution or facility and is certified by 22 the state as unable to manage personal affairs, or resides in a nursing home as that 23 term is defined in AS 08.70.180; however, if that person, at the time of commitment 24 or commencement of residence, provided the principal support of a spouse, the 25 commissioner of administration may determine to pay the confined person's bonus to 26 the person's spouse until the spouse is qualified for a bonus; 27 (3) is otherwise qualified but confined in a penal or correctional 28 institution or facility; upon completion of sentence or upon the conferral of a pardon, 29 parole, or probation, the person may make application; confinement outside the state 30 shall be considered as residence in the state if a person was convicted and sentenced 31 from a court in Alaska; revocation of parole or probation shall be cause for immediate
01 disqualification until release from confinement is again effected; 02 (4) voluntarily leaves the state and remains absent from the state for 03 a continuous period of more than 90 days or is permanently disqualified under 04 AS 47.45.030(b); 05 (5) did not apply, under AS 47.45.010(a), before January 1, 1997, for 06 qualification to receive a longevity bonus; 07 (6) was found qualified to receive a longevity bonus, was subsequently 08 disqualified for 12 consecutive months or more, and did not reapply before January 1, 09 1997. 10 * Sec. 4. ADOPTION OF REGULATIONS. The commissioner of administration may 11 adopt regulations necessary to implement secs. 1 - 3 of this Act, but regulations adopted under 12 this section may not be effective before the effective date of secs. 1 - 3 of this Act. 13 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 14 * Sec. 6. Sections 1 - 3 of this Act take effect July 1, 1996.