00                      CS FOR SENATE BILL NO. 89(FIN)                                                                    
01 "An Act relating to retirement benefits for members of the Alaska Territorial Guard;                                    
02 and providing for an effective date."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       ALASKA TERRITORIAL GUARD INTERIM BENEFIT. (a) The department shall                                                
07 pay an interim benefit each month to an individual resident of the state whose monthly federal                          
08 retirement payment was reduced in April 2009 because the individual's service in the Alaska                             
09 Territorial Guard was not treated as active service under federal military law.                                         
10       (b)  The amount of the interim benefit to be paid under (a) of this section is the amount                         
11 by which the individual's monthly federal retirement payment in January 2009 was reduced in                             
12 April 2009 because the individual's service in the Alaska Territorial Guard was not treated as                          
13 active service under federal military law.                                                                              
14       (c)  To be eligible for an interim benefit, an individual shall submit to the department                          

01 an application on a form established by the department and provide the department with the                              
02 information that the department determines is necessary to determine whether the individual                             
03 is eligible for the interim benefit and to calculate the amount of the interim benefit.                                 
04       (d)  The department shall pay the interim benefit to the individual each month until the                          
05 federal government begins paying to the individual a monthly federal retirement payment that                            
06 treats the individual's service in the Alaska Territorial Guard as active service under federal                         
07 military law.                                                                                                           
08       (e)  If an individual receives for the same month both the interim benefit and a federal                          
09 retirement payment that treats the individual's service in the Alaska Territorial Guard as active                       
10 service under federal military law, the individual shall reimburse the department for the                               
11 interim benefit paid for that month.                                                                                    
12       (f)  In this section,                                                                                             
13            (1)  "department" means the Department of Military and Veterans' Affairs;                                    
14            (2)  "federal military law" means 10 U.S.C. 1401 - 1414, 3991 - 3992, or                                     
15 12731 - 12741;                                                                                                          
16            (3)  "federal retirement payment" means a retirement payment under 10 U.S.C.                                 
17 (Armed Forces);                                                                                                         
18            (4)  "interim benefit" means the interim benefit authorized under (a) of this                                
19 section.                                                                                                                
20    * Sec. 2. Section 1 of this Act is repealed February 28, 2010.                                                     
21    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
22 read:                                                                                                                   
23       RETROACTIVITY. Section 1 of this Act is retroactive to April 1, 2009.                                             
24    * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).