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HB 467: "An Act relating to employees of the legislature who are employed under a personal services contract."

00HOUSE BILL NO. 467 01 "An Act relating to employees of the legislature who are employed under a 02 personal services contract." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 24.10.060 is amended by adding a new subsection to read: 05  (f) An employee of the legislative branch of state government who is 06 employed under a personal services contract is not entitled to membership in the public 07 employees' retirement system (AS 39.35) for employment under the contract. The 08 employee shall be compensated under the state salary schedule set out in 09 AS 39.27.011(a). The employee is entitled to receive leave benefits and employee 10 health coverage unless the personal services contract provides to the contrary. 11 * Sec. 2. AS 39.30.090(b)(1) is amended to read: 12  (1) "eligible employee" means 13  (A) an employee who has served in permanent full-time or part- 14 time employment with the same governmental unit for 30 days or more, except an emergency

01 or temporary employee ; [, AND] 02  (B) an elected or appointed official of a governmental unit, 03 effective upon taking the oath of office; and 04  (C) a contractual employee of the legislative branch of state 05 government under AS 24.10.060(f) if the employee's personal services 06 contract provides that the employee is entitled to coverage; 07 * Sec. 3. AS 39.35.680(21) is amended to read: 08  (21) "member" or "employee" 09  (A) means a person eligible to participate in the system and 10 who is covered by the system; 11  (B) includes 12  (i) an active member; 13  (ii) an inactive member; 14  (iii) a vested member; 15  (iv) a deferred vested member; 16  (v) a nonvested [NON-VESTED] member; 17  (vi) a disabled member; 18  (vii) a retired member; 19  (viii) an elected public officer under AS 39.35.381; 20  (C) does not include 21  (i) former members; 22  (ii) persons compensated on a contractual or fee basis; 23  (iii) casual or emergency workers or nonpermanent 24 employees as defined in AS 39.25.200; 25  (iv) persons covered by the Alaska Teachers' Retirement 26 System except as provided under AS 39.35.131 and 39.35.381, or 27 persons covered by the optional university retirement program; 28  (v) employees of the division of marine transportation 29 engaged in operating the state ferry system who are covered by a union 30 or group retirement system to which the state makes contributions; 31  (vi) justices of the supreme court or judges of the court

01 of appeals or of the superior or district courts of Alaska; 02  (vii) the administrative director of courts appointed 03 under art. IV, sec. 16 of the state constitution unless the director 04 becomes a member under AS 39.35.158; [AND] 05  (viii) members of the elected public officers' retirement 06 system (former AS 39.37); and 07  (ix) contractual employees of the legislative branch 08 of state government under AS 24.10.060(f); 09  (D) may include employees of the division of marine 10 transportation excluded under (C)(v) of this paragraph provided that 11  (i) the State of Alaska formally agrees to their inclusion 12 through the process of collective bargaining; and 13  (ii) no collective bargaining agreement has the effect of 14 obligating contributions made by the state under AS 39.30.150 in the 15 event the state resumes participation in the federal social security 16 system;