SB 57: "An Act relating to longevity bonuses for recipients who are absent from the state for medical treatment; and providing for an effective date."
00SENATE BILL NO. 57 01 "An Act relating to longevity bonuses for recipients who are absent from the 02 state for medical treatment; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.45.030 is amended to read: 05 Sec. 47.45.030. Absence from the state. (a) After qualification, a recipient 06 shall notify the commissioner of administration when the recipient expects to be absent 07 from the state if the absence is for a continuous period that exceeds 30 days. After 08 that notification, the recipient may no longer receive bonuses from the Department of 09 Administration after the last regularly approved monthly application. Upon returning 10 to the state, the recipient may again make application for a bonus. Whenever the 11 absence is for a continuous period that exceeds 90 days, the recipient shall be 12 disqualified from receiving bonuses for the next 12 calendar months after returning to 13 the state. However, when the commissioner determines a period of absence is beyond 14 the control of the recipient or that the primary reason for a period of absence was
01 to obtain medical treatment, the recipient may not be disqualified if the recipient still 02 otherwise qualifies upon returning to the state. Continual absences from the state, even 03 though reported, and failure to notify the commissioner of an expected absence may 04 be grounds for disqualification. 05 (b) The commissioner of administration shall include on each monthly bonus 06 application a place for a recipient to state, under penalty of perjury, whether the 07 recipient has been absent from the state for 180 days or more during the 12 calendar 08 months immediately before the date of the application. If the recipient has been absent 09 from the state for 180 days or more during the 12-month period, the commissioner 10 shall provide an opportunity for the recipient to identify days of the absence that the 11 recipient believes were beyond the control of the recipient as defined in regulations 12 adopted by the commissioner or days of absence that the recipient believes were 13 primarily to obtain medical treatment as defined in regulations adopted by the 14 commissioner. If, after subtracting days of absence the commissioner determines were 15 beyond the control of the recipient or primarily to obtain medical treatment, the 16 remaining days of absence equal at least 180 days during the 12-month period, the 17 recipient is permanently disqualified from receiving the bonus. 18 * Sec. 2. AS 47.45.030 is amended by adding a new subsection to read: 19 (c) If the primary reason for a period of absence from the state is to obtain 20 medical treatment as defined in regulations adopted by the commissioner, a recipient 21 continues to be qualified for bonuses during that period of absence. The recipient shall 22 on the monthly application identify days of absence that the recipient believes were 23 primarily to obtain medical treatment and indicate whether the bonus payment for that 24 month should be sent to the recipient's usual address in the state or to an address in 25 the area where the recipient is receiving the medical treatment. 26 * Sec. 3. AS 47.45.070(a) is amended to read: 27 (a) An unqualified person is one who 28 (1) does not meet the age or residence requirements as provided for 29 under this chapter; 30 (2) meets the age and residence requirements of this chapter but either 31 is confined in a state or federal mental health institution or facility and is certified by
01 the state as unable to manage personal affairs, or resides in a nursing home as that 02 term is defined in AS 08.70.180; however, if that person, at the time of commitment 03 or commencement of residence, provided the principal support of a spouse, the 04 commissioner of administration may determine to pay the confined person's bonus to 05 the person's spouse until the spouse is qualified for a bonus; 06 (3) is otherwise qualified but confined in a penal or correctional 07 institution or facility; upon completion of sentence or upon the conferral of a pardon, 08 parole, or probation, the person may make application; confinement outside the state 09 shall be considered as residence in the state if a person was convicted and sentenced 10 from a court in Alaska; revocation of parole or probation shall be cause for immediate 11 disqualification until release from confinement is again effected; 12 (4) except as provided in AS 47.45.030(c), voluntarily leaves the state 13 and remains absent from the state for a continuous period of more than 90 days or is 14 permanently disqualified under AS 47.45.030(b); 15 (5) did not apply, under AS 47.45.010(a), before January 1, 1997, for 16 qualification to receive a longevity bonus; 17 (6) was found qualified to receive a longevity bonus, was subsequently 18 disqualified for 12 consecutive months or more, and did not reapply before January 1, 19 1997. 20 * Sec. 4. This Act takes effect on July 1, 1997.