HCS CSSB 150(FIN): "An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees' retirement system."
00HOUSE CS FOR CS FOR SENATE BILL NO. 150(FIN) 01 "An Act relating to moving expenses of state employees, to compensatory time for 02 state employees, and to calculation of compensation for the public employees' 03 retirement system." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 23.40.075, as amended by sec. 10, ch. 107, SLA 1996, is amended to 06 read: 07 Sec. 23.40.075. Items not subject to bargaining. The parties may not 08 negotiate terms contrary to the 09 (1) reemployment rights for injured state employees under 10 AS 39.25.158; 11 (2) reemployment rights of the organized militia under AS 26.05.075; 12 (3) limitations on payment of a state employee's moving expenses 13 under AS 39.20.450; 14 (4) requirements concerning compensatory time under
01 AS 39.20.460; 02 (5) authority of the Department of Health and Social Services under 03 AS 47.27.035 to assign Alaska temporary assistance program participants to a work 04 activity considered appropriate by the Department of Health and Social Services; or 05 (6) [(4)] authority for agencies to create temporary positions under 06 AS 47.27.055(c). 07 * Sec. 2. AS 39.20 is amended by adding new sections to read: 08 Article 5. Moving Expenses and Compensatory Time Restriction. 09 Sec. 39.20.450. Restriction on payment of moving expenses for certain 10 state employees. (a) The state may not pay the moving expenses of a state employee 11 in the classified service who transfers voluntarily from one location to another unless 12 the payment complies with this section. 13 (b) The state may pay the moving expenses of a state employee in the 14 classified service who transfers voluntarily from one location to another if the 15 employee intends to stay in the location to which the employee is moving for at least 16 five years and if the employee signs an agreement to repay the state for the entire 17 moving expenses, plus interest as required by regulation, if the employee moves or 18 leaves state service before the end of five years. In the case of certified peace officers 19 employed by the Department of Public Safety, the commissioner of public safety may 20 shorten, in advance in writing, the time that a certified peace officer is required to stay 21 in the new location to avoid the repayment obligation under this section and may 22 waive a moving expense repayment required by this subsection if the commissioner 23 makes a written finding that the employee's relocation is in the best interest of the 24 state. This subsection does not require repayment if the employee moves or leaves 25 state service before the end of five years because 26 (1) of a certified medical necessity of the employee or the spouse or 27 a dependent of the employee; 28 (2) the state involuntarily transfers the employee; or 29 (3) the employee accepts a promotion offered by 30 (A) the department or agency that paid the employee's initial 31 moving expenses; or
01 (B) another state department or agency. 02 (c) The Department of Administration shall adopt regulations to implement this 03 section. 04 (d) In this section, "transfers voluntarily" means a transfer, either at the request 05 of the employee or the employer, that the employee is free to decline without incurring 06 adverse consequences regarding the employee's compensation, terms, conditions, or 07 privileges of employment. 08 Sec. 39.20.460. Restrictions on compensatory time. A state employee who 09 is eligible to be paid overtime may not receive compensatory time for overtime hours 10 worked unless receipt of the compensatory time is in accordance with the terms of a 11 written agreement, approved by the employee's appointing authority, and, for an 12 employee who is covered by a collective bargaining agreement under AS 23.40, the 13 terms for receipt of the compensatory time are consistent with the terms of the 14 agreement. 15 * Sec. 3. AS 39.35.680(8) is amended to read: 16 (8) "compensation" 17 (A) means the total remuneration earned by an employee for 18 personal services rendered to an employer, including employee contributions 19 under AS 39.35.160, cost-of-living differentials only as provided in 20 AS 39.35.675, payments for leave that is actually used by the employee, the 21 amount by which the employee's wages are reduced under AS 39.30.150(c), 22 and any amount deferred under an employer-sponsored deferred compensation 23 plan; 24 (B) includes, for noncertificated employees of municipal 25 school districts and regional educational attendance areas, overtime pay; 26 [,] but 27 (C) does not include retirement benefits, severance pay or other 28 separation bonuses, welfare benefits, per diem, expense allowances, workers' 29 compensation payments, overtime pay except as provided in (B) of this 30 paragraph, or payments for leave not used by the employee whether those 31 leave payments are scheduled payments, lump-sum payments, donations, or
01 cash-ins;