SB 4001: "An Act relating to employment-related insurance benefits for the same-sex partner of a state employee; relating to survivor and medical benefits for the same-sex partner of a member of the state's teachers', public employees', judicial, or elected public officers retirement systems; and providing for an effective date."
00 SENATE BILL NO. 4001 01 "An Act relating to employment-related insurance benefits for the same-sex partner of a 02 state employee; relating to survivor and medical benefits for the same-sex partner of a 03 member of the state's teachers', public employees', judicial, or elected public officers 04 retirement systems; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 PURPOSE AND FINDINGS. (a) It is the purpose of this Act, to the extent required by 09 the decision of the Alaska Supreme Court in the case of Alaska Civil Liberties Union v. State, 10 122 P.3d 781 (Alaska 2005), to allow state employees and retirees under the state's retirement 11 systems to have access to employment-related insurance and survivor benefits for their same- 12 sex partners that are provided to spouses of state employees and retirees under AS 39.30.090 13 and 39.30.091, and under the statutes that provide for the public employees' retirement 14 system, teachers' retirement system, judicial retirement system, and elected public officers
01 retirement system. 02 (b) The legislature finds that the eligibility requirements established in this Act for 03 entitlement to enrollment of a state employee's or state retirement system member's same-sex 04 partner in employment-related insurance benefits and designation of a same-sex partner as 05 survivor under the state retirement systems are reasonable and necessary to prevent fraud. The 06 legislature also finds that the requirements are reasonable and necessary to ensure that access 07 to the insurance and survivor benefits funded by state trust funds is provided to same-sex 08 partners who are in committed relationships with public employees and retirees. 09 * Sec. 2. AS 14.25 is amended by adding a new section to read: 10 Sec. 14.25.154. Same-sex partner survivor and medical benefits. (a) A 11 member may designate the member's same-sex partner as the beneficiary to receive 12 survivor benefits that are available to a spouse of a member under the plan. The 13 designation of beneficiary is not valid unless the member files with the administrator 14 (1) with the designation of beneficiary an affidavit executed by the 15 member and the same-sex partner making the declarations, under penalty of perjury, 16 set out in AS 39.30.093(b)(1) - (11); and 17 (2) documentation establishing that the member and same-sex partner 18 meet at least five of the criteria set out in AS 39.30.093(c)(1) - (8). 19 (b) A member who has designated a same-sex partner as beneficiary under this 20 section shall provide written confirmation of the designation, supplementing 21 documentation provided under (a) of this section if that information has changed, upon 22 request of and in the manner requested by the administrator. Failure to provide written 23 confirmation requested by the administrator may result in ineligibility of the 24 designated same-sex partner for survivor benefits. 25 (c) A deceased member's same-sex partner whom the administrator determines 26 is validly designated under this section as the member's beneficiary to receive survivor 27 benefits has the same rights to survivor benefits that a surviving spouse would have 28 under the plan, and is subject to the same requirements that a surviving spouse would 29 be subject to relating to those benefits. 30 (d) A member may revoke a designation of beneficiary under this section at 31 any time. After the date of retirement, a member's revocation of the designation of the
01 member's same-sex partner as the beneficiary to receive survivor benefits does not 02 change the form or amount of a joint and survivor benefit payable to the member or 03 allow designation of a different beneficiary to receive the joint and survivor benefit. 04 (e) A member who is entitled to medical coverage under the plan may enroll 05 the member's same-sex partner and the same-sex partner's eligible dependent children 06 in the plan's medical coverage in accordance with AS 39.30.093. 07 * Sec. 3. AS 14.25 is amended by adding a new section to read: 08 Sec. 14.25.462. Same-sex partner survivor and medical benefits. (a) A 09 member may designate the member's same-sex partner as the beneficiary to receive 10 survivor benefits that are available to a spouse of a member under the plan. The 11 designation of beneficiary is not valid unless the member files with the administrator 12 (1) with the designation of beneficiary an affidavit executed by the 13 member and the same-sex partner making the declarations, under penalty of perjury, 14 set out in AS 39.30.093(b)(1) - (11); and 15 (2) documentation establishing that the member and same-sex partner 16 meet at least five of the criteria set out in AS 39.30.093(c)(1) - (8). 17 (b) A member who has designated a same-sex partner as beneficiary under this 18 section shall provide written confirmation of the designation, supplementing 19 documentation provided under (a) of this section if that information has changed, upon 20 request of and in the manner requested by the administrator. Failure to provide written 21 confirmation requested by the administrator may result in ineligibility of the 22 designated same-sex partner for survivor benefits. 23 (c) A deceased member's same-sex partner whom the administrator determines 24 is validly designated under this section as the member's beneficiary to receive survivor 25 benefits has the same rights to survivor benefits that a surviving spouse would have 26 under the plan, and is subject to the same requirements that a surviving spouse would 27 be subject to relating to those benefits. 28 (d) A member may revoke a designation of beneficiary under this section at 29 any time. After the date of retirement, a member's revocation of the designation of the 30 member's same-sex partner as the beneficiary to receive survivor benefits does not 31 change the form or amount of a joint and survivor benefit payable to the member or
01 allow designation of a different beneficiary to receive the joint and survivor benefit. 02 (e) A member who is entitled to medical coverage under the plan may enroll 03 the member's same-sex partner and the same-sex partner's eligible dependent children 04 in the plan's medical coverage in accordance with AS 39.30.093. 05 * Sec. 4. AS 22.25 is amended by adding a new section to read: 06 Sec. 22.25.036. Same-sex partner survivor and medical benefits. (a) A 07 member may designate the member's same-sex partner as the beneficiary to receive 08 survivor benefits that are available to a spouse of a member under this chapter. The 09 designation of beneficiary is not valid unless the member files with the administrator 10 (1) with the designation of beneficiary an affidavit executed by the 11 member and the same-sex partner making the declarations, under penalty of perjury, 12 set out in AS 39.30.093(b)(1) - (11); and 13 (2) documentation establishing that the member and same-sex partner 14 meet at least five of the criteria set out in AS 39.30.093(c)(1) - (8). 15 (b) A member who has designated a same-sex partner as beneficiary under this 16 section shall provide written confirmation of the designation, supplementing 17 documentation provided under (a) of this section if that information has changed, upon 18 request of and in the manner requested by the commissioner of administration. Failure 19 to provide written confirmation requested by the commissioner of administration may 20 result in ineligibility of the designated same-sex partner for survivor benefits. 21 (c) A deceased member's same-sex partner whom the commissioner of 22 administration determines is validly designated under this section as the member's 23 beneficiary to receive survivor benefits has the same rights to survivor benefits that a 24 surviving spouse would have under this chapter, and is subject to the same 25 requirements that a surviving spouse would be subject to relating to those benefits. 26 (d) A member may revoke a designation of beneficiary under this section at 27 any time. 28 (e) A member who is entitled to medical coverage under the plan may enroll 29 the member's same-sex partner and the same-sex partner's eligible dependent children 30 in the plan's medical coverage in accordance with AS 39.30.093. 31 * Sec. 5. AS 39.30 is amended by adding new sections to read:
01 Sec. 39.30.093. Same-sex partner insurance coverage. (a) A state employee 02 or a state retirement system member who is covered by group insurance under 03 AS 39.30.090 or 39.30.091 or by an alternative insurance program under an exemption 04 allowed by regulations adopted by the commissioner under AS 39.30.090(a)(2), may 05 enroll the employee's or state retirement system member's same-sex partner in the 06 group insurance or alternative insurance program if the employee and same-sex 07 partner or state retirement system member and same-sex partner meet the requirements 08 of this section. 09 (b) In order to enroll a same-sex partner in group insurance coverage provided 10 under AS 39.30.090 or 39.30.091 or an alternative insurance program under an 11 exemption allowed by regulations adopted by the commissioner under 12 AS 39.30.090(a)(2), the covered employee or covered member of a state retirement 13 system must file with the health plan or state retirement system administrator an 14 affidavit executed by the employee and same-sex partner or the state retirement 15 system member and same-sex partner declaring under penalty of perjury that they 16 (1) are at least 18 years old and are each competent to enter into a 17 contract; 18 (2) have been in an exclusive, committed, and intimate relationship 19 with each other for the last 12 consecutive months and intend to continue that 20 relationship indefinitely, unless the close personal relationship would have violated 21 AS 11.41.434 - 11.41.440; 22 (3) have resided together at a common primary residence for the last 23 12 consecutive months and intend to reside together indefinitely; 24 (4) consider themselves to be members of each other's immediate 25 family; 26 (5) are not related to each other to a degree that would preclude them 27 from marrying each other in this state if they were of the opposite sex from each other; 28 (6) are neither one of them legally married to anyone else; 29 (7) have not executed an affidavit affirming same-sex partner status 30 with anyone else within the last 12 months; 31 (8) are each other's sole domestic partner and are each responsible for
01 the common welfare of the other; 02 (9) share financial obligations, including responsibility for basic living 03 expenses and health care costs; 04 (10) understand that, under applicable federal income tax law, 05 payments for medical coverage of a same-sex partner or child of a same-sex partner 06 may not be eligible for pre-tax treatment, and coverage of a same-sex partner may 07 result in additional imputed taxable income to the covered employee, state retirement 08 system member, or survivor and related withholding for payroll, income, or pension 09 and annuity taxes; and 10 (11) understand that, in addition to requirements of this section, there 11 are terms and conditions of coverage set out in each group policy, state plan of self- 12 insurance, or alternative insurance program to which they are bound. 13 (c) In order to enroll a same-sex partner in group insurance coverage provided 14 under AS 39.30.090 or 39.30.091 or an alternative insurance program under an 15 exemption allowed by regulations adopted by the commissioner under 16 AS 39.30.090(a)(2), the covered employee or state retirement system member shall 17 provide documentation establishing that the employee and same-sex partner, or the 18 state retirement system member and same-sex partner, meet at least five of the 19 following criteria: 20 (1) joint interest in real property, as evidenced by title or mortgage, 21 lease, or rental agreement, by the employee or state retirement system member and the 22 same-sex partner; 23 (2) joint ownership or purchase of a motor vehicle by the employee or 24 state retirement system member and the same-sex partner; 25 (3) joint ownership of a checking, savings, or investment account or 26 joint liability for a loan or credit account by the employee or state retirement system 27 member and the same-sex partner; 28 (4) the same-sex partner is named as primary beneficiary for a life 29 insurance policy of the employee or state retirement system member; 30 (5) the same-sex partner is named as primary beneficiary for the 31 employee's or state retirement system member's pension or annuity plan benefits,
01 deferred compensation plan, individual retirement arrangement or account, 401(k) 02 plan, Keogh plan, or other tax-deferred or taxable plan; 03 (6) the same-sex partner is named as primary beneficiary in the 04 employee's or state retirement system member's will; 05 (7) the same-sex partner has authority to deal with property owned by 06 the employee or state retirement system member under a valid written power of 07 attorney; 08 (8) the employee or state retirement system member has given the 09 same-sex partner written authority to make decisions concerning the employee's or 10 state retirement system member's health and well being if the employee or state 11 retirement system member is unable to do so. 12 (d) An employee or a state retirement system member who enrolls a same-sex 13 partner in coverage under this section may also enroll the child of the same-sex partner 14 if the child is unmarried, is dependent on the employee or state retirement system 15 member for support, and meets other requirements set out in the group policy, state 16 plan of self-insurance, or alternative insurance program, and applicable statute 17 governing the state retirement system, including age and applicable school enrollment 18 requirements. 19 (e) An employee or a state retirement system member who has enrolled a 20 same-sex partner, or a same-sex partner and child, in coverage under this section shall 21 provide written confirmation of eligibility of the enrolled person, supplementing 22 documentation provided under (c) of this section if that information has changed, upon 23 request of and in the manner requested by the plan administrator. Failure to provide 24 written confirmation requested by the plan administrator may result in suspension of 25 coverage of the enrolled person. 26 (f) An employee or a state retirement system member who enrolls a same-sex 27 partner in coverage under this section shall agree that, if the employee or state 28 retirement system member and same-sex partner no longer meet the requirements of 29 this section, the employee or state retirement system member will file with the 30 administrator of each plan in which the same-sex partner is enrolled a statement of 31 termination of eligibility within 30 days of the date eligibility ends. Eligibility of the
01 same-sex partner for benefits of a plan terminates on midnight of the date eligibility 02 ends as declared in writing by the employee or state retirement system member. 03 Failure to notify the plan administrator of termination of eligibility will result in 04 liability of the employee or state retirement system member for any resulting 05 overpayment of benefits under the plan. Continuation of coverage will be offered to 06 the former same-sex partner of the employee or state retirement system member as if a 07 divorce had occurred. 08 (g) An employee or a state retirement system member who enrolls a same-sex 09 partner, or same-sex partner and eligible child under (d) of this section, in coverage 10 under this section shall pay any premium established by the plan that an employee or 11 state retirement system member is required to pay for comparable coverage for a 12 spouse or spouse and dependent child. 13 (h) To be considered as having resided together at a common primary 14 residence under (b)(3) of this section, the employee or a state retirement system 15 member and the employee's or member's same-sex partner must share the same home. 16 The common primary residence can change during the 12-month period described in 17 (b)(3) of this section. Once an employee or a state retirement system member and 18 same-sex partner have begun to reside together at a common primary residence, 19 absence by the employee or a state retirement system member or of the same-sex 20 partner required for employment that requires periodic absence from the common 21 primary residence, education, medical care or services, military service, or other 22 reasons determined by the plan administrator does not result in a break in eligibility, as 23 long as the absent person intends to return to the common primary residence. 24 (i) In addition to any other action or remedy provided by law, willful 25 falsification of information in an affidavit under (b) of this section or provided under 26 (c) of this section may result in termination of enrollment of the same-sex partner and 27 any child of the same-sex partner and termination of entitlement to survivor benefits. 28 Sec. 39.30.094. Enrollment of same-sex partner and same-sex partner's 29 eligible child. (a) Enrollment of a same-sex partner or child of a same-sex partner may 30 occur only at an open enrollment or upon the occurrence of a qualifying status change 31 and in accordance with the terms of the plan. For purposes of a plan described in
01 AS 39.30.093(a) that allows an employee or a state retirement system member to 02 enroll a spouse or dependent child within a period of time after a qualifying status 03 change occurs, such as a change in family structure, ineligibility for other coverage, or 04 a change in insurance coverage, a qualifying status change for enrollment of the 05 employee's or state retirement system member's same-sex partner or eligible children 06 of a same-sex partner occurs on the date upon which 07 (1) the employee or state retirement system member is first able to 08 meet the requirements of AS 39.30.093(b) and (c), if the plan allows enrollment of a 09 spouse and eligible dependent children when a plan member marries; or 10 (2) a status change occurs related to the same-sex partner that would 11 constitute a qualifying status change event under the terms of the plan if the status 12 change related to the spouse of the employee or state retirement system member. 13 (b) Except as provided in this section or under the terms of the applicable 14 plan, once sufficient documentation required under AS 39.30.093(c) is received and 15 verified by the administrator of a plan under AS 39.30.090 or 39.30.091 or an 16 alternative insurance program under an exemption allowed by regulations adopted by 17 the commissioner under AS 39.30.090(a)(2), coverage of the eligible same-sex partner 18 is effective on the latest of the first day of the month after the enrollment form is 19 received by the plan administrator, the date of the employee's appointment to receive 20 retirement or disability benefits if the enrollment is for a retiree insurance plan, the 21 date that coverage is allowed under the terms of an open enrollment if the enrollment 22 is filed under the open enrollment, or January 1, 2007. Payment will not be made on 23 covered claims until eligibility is established under AS 39.30.093. Payment will not be 24 made on claims arising more than 12 months before eligibility is established under 25 AS 39.30.093. 26 * Sec. 6. AS 39.30.400(b) is amended to read: 27 (b) Upon application of an eligible person, the administrator shall reimburse to 28 the eligible person the costs for medical care expenses as defined in 26 U.S.C. 213(d). 29 Reimbursement is limited to the medical expenses of 30 (1) an eligible member, the spouse of an eligible member, and the 31 dependent children of an eligible member; [OR]
01 (2) a surviving spouse and the dependent children of an eligible 02 member dependent on the surviving spouse; or 03 (3) to the extent allowed by federal law, the same-sex partner of 04 the eligible member whom the eligible member has enrolled in health coverage 05 under AS 39.30.093 or whom the eligible member has designated as a beneficiary 06 under AS 14.25.154, 14.25.462; AS 22.25.036; AS 39.35.456, or 39.35.861, and the 07 dependent children of the same-sex partner who are dependent on the member. 08 * Sec. 7. AS 39.35 is amended by adding a new section to read: 09 Sec. 39.35.456. Same-sex partner survivor and medical benefits. (a) An 10 employee may designate the employee's same-sex partner as the beneficiary to receive 11 survivor benefits that are available to a spouse of an employee under the plan. The 12 designation of beneficiary is not valid unless the employee files with the administrator 13 (1) with the designation of beneficiary an affidavit executed by the 14 employee and the same-sex partner making the declarations, under penalty of perjury, 15 set out in AS 39.30.093(b)(1) - (11); and 16 (2) documentation establishing that the employee and same-sex partner 17 meet at least five of the criteria set out in AS 39.30.093(c)(1) - (8). 18 (b) An employee who has designated a same-sex partner as beneficiary under 19 this section shall provide written confirmation of the designation, supplementing 20 documentation provided under (a) of this section if that information has changed, upon 21 request of and in the manner requested by the administrator. Failure to provide written 22 confirmation requested by the administrator may result in ineligibility of the 23 designated same-sex partner for survivor benefits. 24 (c) A deceased employee's same-sex partner whom the administrator 25 determines is validly designated under this section as the employee's beneficiary to 26 receive survivor benefits has the same rights to survivor benefits that a surviving 27 spouse would have under the plan, and is subject to the same requirements that a 28 surviving spouse would be subject to relating to those benefits. 29 (d) An employee may revoke a designation of beneficiary under this section at 30 any time. After the date of retirement, an employee's revocation of the designation of 31 the employee's same-sex partner as the beneficiary to receive survivor benefits does
01 not change the form or amount of a joint and survivor benefit payable to the employee 02 or allow designation of a different beneficiary to receive the joint and survivor benefit. 03 (e) An employee who is entitled to medical coverage under the plan may 04 enroll the employee's same-sex partner and the same-sex partner's eligible dependent 05 children in the plan's medical coverage in accordance with AS 39.30.093. 06 * Sec. 8. AS 39.35 is amended by adding a new section to read: 07 Sec. 39.35.861. Same-sex partner survivor and medical benefits. (a) An 08 employee may designate the employee's same-sex partner as the beneficiary to receive 09 survivor benefits that are available to a spouse of an employee under the plan. The 10 designation of beneficiary is not valid unless it is made before the employee is 11 appointed to retirement and the employee files with the administrator 12 (1) with the designation of beneficiary an affidavit executed by the 13 employee and the same-sex partner making the declarations, under penalty of perjury, 14 set out in AS 39.30.093(b)(1) - (11); and 15 (2) documentation establishing that the employee and same-sex partner 16 meet at least five of the criteria set out in AS 39.30.093(c)(1) - (8). 17 (b) An employee who has designated a same-sex partner as beneficiary under 18 this section shall provide written confirmation of the designation, supplementing 19 documentation provided under (a) of this section if that information has changed, upon 20 request of and in the manner requested by the administrator. Failure to provide written 21 confirmation requested by the administrator may result in ineligibility of the 22 designated same-sex partner for survivor benefits. 23 (c) A deceased employee's same-sex partner whom the administrator 24 determines is validly designated under this section as the employee's beneficiary to 25 receive survivor benefits has the same rights to survivor benefits that a surviving 26 spouse would have under the plan, and is subject to the same requirements that a 27 surviving spouse would be subject to relating to those benefits. 28 (d) An employee may revoke a designation of beneficiary under this section at 29 any time. After the date of retirement, an employee's revocation of the designation of 30 the employee's same-sex partner as the beneficiary to receive survivor benefits does 31 not change the form or amount of a joint and survivor benefit payable to the employee
01 or allow designation of a different beneficiary to receive the joint and survivor benefit. 02 (e) An employee who is entitled to medical coverage under the plan may 03 enroll the employee's same-sex partner and the same-sex partner's eligible dependent 04 children in the plan's medical coverage in accordance with AS 39.30.093. 05 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 ELECTED PUBLIC OFFICERS RETIREMENT SYSTEM MEMBERS' SAME-SEX 08 PARTNER SURVIVOR AND MEDICAL BENEFITS. (a) A member of the elected public 09 officers retirement system may designate the member's same-sex partner as the beneficiary to 10 receive survivor benefits that are available to a spouse of a member under former AS 39.37, 11 as modified by sec. 51, ch. 117, SLA 1986; sec. 5, ch. 89, SLA 1988; sec. 35, ch. 106, SLA 12 1988; and sec. 1, ch. 91, SLA 2001. The designation of beneficiary is not valid unless the 13 member files with the administrator 14 (1) with the designation of beneficiary an affidavit executed by the member 15 and the same-sex partner making the declarations, under penalty of perjury, set out in 16 AS 39.30.093(b)(1) - (11), enacted by sec. 5 of this Act; and 17 (2) documentation establishing that the member and same-sex partner meet at 18 least five of the criteria set out in AS 39.30.093(c)(1) - (8), enacted by sec. 5 of this Act. 19 (b) A member who has designated a same-sex partner as beneficiary under this 20 section shall provide written confirmation of the designation, supplementing documentation 21 provided under (a) of this section if that information has changed, upon request of and in the 22 manner requested by the administrator. Failure to provide written confirmation requested by 23 the administrator may result in ineligibility of the designated same-sex partner for survivor 24 benefits. 25 (c) A deceased member's same-sex partner whom the administrator determines is 26 validly designated under this section as the member's beneficiary to receive survivor benefits 27 has the same rights to survivor benefits, including that a surviving spouse would have under 28 former AS 39.37, as modified by sec. 51, ch. 117, SLA 1986; sec. 5, ch. 89, SLA 1988; sec. 29 35, ch. 106, SLA 1988; and sec. 1, ch. 91, SLA 2001, and is subject to the same requirements 30 that a surviving spouse would be subject to relating to those benefits. 31 (d) A member may revoke a designation of beneficiary under this section at any time.
01 (e) A member who is entitled to medical coverage under former AS 39.37.145 may 02 enroll the member's same-sex partner and the same-sex partner's eligible dependent children 03 in the plan's medical coverage in accordance with AS 39.30.093, enacted by sec. 7 of this Act. 04 (f) In this section, 05 (1) "administrator" means the commissioner of administration or the 06 commissioner's designee; 07 (2) "member" means a member of the elected public officers retirement 08 system under former AS 39.37, as modified by sec. 51, ch. 117, SLA 1986; sec. 5, ch. 89, 09 SLA 1988; sec. 35, ch. 106, SLA 1988; and sec. 1, ch. 91, SLA 2001. 10 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 RATIFICATION OF SPECIAL ENROLLMENT FOR INSURANCE BENEFITS 13 FOR SAME-SEX PARTNERS OF EMPLOYEES AND RETIREES. The special enrollment 14 conducted in accordance with regulations adopted by the commissioner of administration on 15 October 13, 2006, 2 AAC 38, by the state of Alaska's insurance plans and by alternative 16 insurance programs under an exemption allowed by regulations adopted by the commissioner 17 under AS 39.30.090(a)(2), is ratified. 18 * Sec. 11. Section 10 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect January 1, 2007.