SB 239: "An Act relating to state employees who are called to active duty as reserve or auxiliary members of the armed forces of the United States; and providing for an effective date."
00 SENATE BILL NO. 239 01 "An Act relating to state employees who are called to active duty as reserve or auxiliary 02 members of the armed forces of the United States; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 39.90 is amended by adding a new section to read: 05 Article 3. Continuation of Pay and Benefits for Certain Members 06 of the Armed Forces. 07 Sec. 39.90.200. Continuation of pay and benefits for certain members of 08 the reserve and auxiliary units of the armed forces. (a) Notwithstanding any 09 contrary provision of law, the governor, through the issuance of an administrative 10 order, may authorize state employees who are members of a reserve or auxiliary 11 component of the armed forces of the United States, including the Alaska National 12 Guard and the Alaska Naval Militia, and who are called to active duty by the 13 appropriate state or federal authority, to continue to receive the equivalent of their 14 state compensation and some or all of their state benefits.
01 (b) The Department of Administration shall implement an order issued by the 02 governor under this section. The Department of Administration may adopt emergency 03 regulations to implement an order issued by the governor under this section, including 04 regulations regarding the scope of compensation and benefits and any allocation 05 between the state and the state employee of contributions relating to the benefits. 06 Emergency regulations adopted under this section 07 (1) are not subject to AS 44.62 (Administrative Procedure Act); and 08 (2) take effect immediately unless the Department of Administration 09 specifies another date. 10 (c) In this section, "benefits" include credited service in a state retirement 11 system, membership in the supplemental employee benefits system under 12 AS 39.30.150 - 39.30.180, and group life and health insurance provided under 13 AS 39.30.090 - 39.30.095 or under a collective bargaining agreement. 14 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. Until a collective bargaining agreement in effect on the effective 17 date of this Act expires, this Act applies to state employees covered by that collective 18 bargaining agreement only if that agreement is modified to accept the provisions of this Act. 19 * Sec. 3. This Act is retroactive to September 11, 2001. 20 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).