SB 145 am H: "An Act relating to the Teachers' Retirement System, the Judicial Retirement System, and the Public Employees' Retirement System for qualified military service; relating to the definition of 'veteran' for purposes of housing, eligibility for veterans' loans, and preferences in state employment hiring; providing for home and community-based waiver services under Medicaid for children of military service members; and providing for an effective date."
00 SENATE BILL NO. 145 am H 01 "An Act relating to the Teachers' Retirement System, the Judicial Retirement System, 02 and the Public Employees' Retirement System for qualified military service; relating to 03 the definition of 'veteran' for purposes of housing, eligibility for veterans' loans, and 04 preferences in state employment hiring; providing for home and community-based 05 waiver services under Medicaid for children of military service members; and providing 06 for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 14.25.195 is amended by adding new subsections to read: 09 (b) To the extent required by 26 U.S.C. 401(a)(37), if a member dies while 10 performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the 11 member are entitled to any additional benefits that would have been provided to the 12 survivors under the plan had the member resumed employment and then terminated 13 employment on account of death. For purposes of this subsection, periods of qualified
01 military service are not included in calculations of credited service. 02 (c) Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a 03 member receiving differential wage payments from an employer shall be treated as 04 employed by that employer, and the differential wage payment shall be treated as 05 compensation for purposes of applying the limits on annual additions under 26 U.S.C. 06 415(c). For purposes of this subsection, "differential wage payment" means any 07 payment which 08 (1) is made by an employer to an individual with respect to any period 09 during which the individual is performing service in the uniformed services, as defined 10 in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and 11 (2) represents all or a portion of the wages the individual would have 12 received from the employer if the individual were performing service for the 13 employer. 14 * Sec. 2. AS 14.25.582 is amended by adding new subsections to read: 15 (b) To the extent required by 26 U.S.C. 401(a)(37), if a member dies while 16 performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the 17 member are entitled to any additional benefits that would have been provided to the 18 survivors under the plan had the member resumed employment and then terminated 19 employment on account of death. For purposes of this section, periods of qualified 20 military service are not included in calculations of credited service. 21 (c) Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a 22 member receiving differential wage payments from an employer shall be treated as 23 employed by that employer, and the differential wage payment shall be treated as 24 compensation for purposes of applying the limits on annual additions under 26 U.S.C. 25 415(c). For purposes of this subsection, "differential wage payment" means any 26 payment which 27 (1) is made by an employer to an individual with respect to any period 28 during which the individual is performing service in the uniformed services, as defined 29 in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and 30 (2) represents all or a portion of the wages the individual would have 31 received from the employer if the individual were performing service for the
01 employer. 02 * Sec. 3. AS 18.55.470(4) is amended to read: 03 (4) "veteran" means a person 04 (A) honorably separated from the military service of the United 05 States who has at any time resided continuously for at least one [A] year in the 06 state and who served in the armed forces of the United States for at least 90 07 days or whose service was for less than 90 days because of injury or disability 08 incurred in the line of duty, between 09 (i) September 16, 1940, and July 25, 1947; 10 (ii) June 25, 1950, and January 31, 1955; [OR] 11 (iii) August 4, 1964, and November 7, 1975; 12 (iv) August 2, 1990, and January 2, 1992; 13 (v) September 11, 2001, and ending on the day 14 prescribed by presidential proclamation or by law as the last date 15 of Operation Iraqi Freedom; or 16 (vi) any of the time periods listed in 5 U.S.C. 17 2108(1); 18 (B) who served in the Alaska Territorial Guard for at least 90 19 days or whose service was for less than 90 days because of injury or disability 20 incurred in the line of duty, and who has at any time resided continuously for 21 at least one [A] year in the state; 22 (C) who is the spouse or widow or widower of a person 23 described under (A) or (B) of this paragraph. 24 * Sec. 4. AS 22.25.110 is amended by adding new subsections to read: 25 (b) To the extent required by 26 U.S.C. 401(a)(37), if a member dies while 26 performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the 27 member are entitled to any additional benefits that would have been provided to the 28 survivors under the plan had the member resumed employment and then terminated 29 employment on account of death. For purposes of this subsection, periods of qualified 30 military service are not included in calculations of credited service. 31 (c) Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a
01 member receiving differential wage payments from an employer shall be treated as 02 employed by that employer, and the differential wage payment shall be treated as 03 compensation for purposes of applying the limits on annual additions under 26 U.S.C. 04 415(c). For purposes of this subsection, "differential wage payment" means any 05 payment which 06 (1) is made by an employer to an individual with respect to any period 07 during which the individual is performing service in the uniformed services, as defined 08 in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and 09 (2) represents all or a portion of the wages the individual would have 10 received from the employer if the individual were performing service for the 11 employer. 12 * Sec. 5. AS 26.15.130(a) is amended to read: 13 (a) Qualifications for loans under this chapter are: 14 (1) persons who served in the armed forces of the United States for 90 15 days or more, or whose service was for less than 90 days because of injury or 16 disability incurred in the line of duty, between April 6, 1917, and November 11, 1918, 17 between [AND BEGINNING] September 16, 1940, and [TO] November 7, 1975, 18 between August 2, 1990, and January 2, 1992, beginning September 11, 2001, and 19 ending on the day prescribed by presidential proclamation or by law as the last 20 date of Operation Iraqi Freedom, or who served in a combat zone during any 21 period of armed conflict, or during any time period listed in 5 U.S.C. 2108(1), who 22 were separated from the armed forces with a discharge other than dishonorable, and 23 (A) who, at the time of induction into the service, were 24 residents of the territory or state, who had been residents for not less than one 25 year immediately before their induction, and who returned to the territory or 26 state after discharge as residents with the intention of remaining in the territory 27 or state; or 28 (B) who, not being bona fide residents of the territory or state 29 before their entry into the service, have been residents of the territory or state 30 for one or more years; 31 (2) persons who were dependent on a member of the armed forces or a
01 veteran of World War II at the time of the member's or veteran's death, if 02 (A) the member or veteran was a resident of the territory or 03 state for one year before induction into the service; and 04 (B) the member or veteran served in the armed forces for at 05 least 90 days between September 16, 1940, and July 25, 1947, but benefits for 06 loans do not accrue to dependents of an enlistee or re-enlistee for time served 07 after November 1, 1945, regardless of whether the enlistment or reenlistment 08 was before or after November 1, 1945; and 09 (C) the member or veteran died before the official date of the 10 termination of that war; and 11 (D) the member's or veteran's discharge was not dishonorable; 12 (3) persons who have served in the Alaska Army National Guard or the 13 Alaska Air National Guard or the Alaska Naval Militia for not less than six years and 14 who have not received a discharge other than honorable. 15 * Sec. 6. AS 26.15.160 is amended to read: 16 Sec. 26.15.160. Extension of chapter to members of the Alaska Territorial 17 Guard and to veterans of the armed forces of the United States [KOREA AND 18 VIETNAM]. The provisions of this chapter, except those provisions relating to the 19 payment of bonuses, are extended to persons who served in the Alaska Territorial 20 Guard and to veterans of the armed forces of the United States, who served other 21 than dishonorably on active duty between June 25, 1950, and January 31, 1955, [WHO 22 SERVED OTHER THAN DISHONORABLY ON ACTIVE DUTY] between 23 August 4, 1964, and November 7, 1975, between August 2, 1990, and January 2, 24 1992, beginning September 11, 2001, and ending on the day prescribed by 25 presidential proclamation or by law as the last date of Operation Iraqi Freedom, 26 or during any time period listed in 5 U.S.C. 2108(1) and to dependents of those 27 persons, subject to the following provisions and eligibility qualifications: 28 (1) persons are eligible 29 (A) who served in the Alaska Territorial Guard, who were 30 discharged other than dishonorably from the armed forces of the United States, 31 or who are released to a reserve component; and
01 (B) who, at the time of entry into the service, were bona fide 02 residents of the territory or State of Alaska and had been residents of the 03 territory or state for not less than one year before their entry into the service; 04 and who have returned to the territory or state within a reasonable length of 05 time after the end of their service in the Alaska Territorial Guard or their 06 discharge or separation as residents with the intention of remaining in the 07 territory or state; or who, not being bona fide residents of the territory before 08 their entry into the service, have lived in the territory or state for at least five 09 years following their release from active military service; and 10 (C) who served in the armed forces of the United States for 90 11 days or more, or whose service was for a lesser period because of injury or 12 disability incurred in line of duty, between June 25, 1950, and January 31, 13 1955, [OR WHO SERVED IN THE ARMED FORCES OF THE UNITED 14 STATES FOR 90 DAYS OR MORE OR WHOSE SERVICE WAS FOR A 15 LESSER PERIOD BECAUSE OF INJURY OR DISABILITY INCURRED IN 16 LINE OF DUTY,] between August 4, 1964, and July 1, 1977, between 17 August 2, 1990, and January 2, 1992, beginning September 11, 2001, and 18 ending on the day prescribed by presidential proclamation or by law as 19 the last date of Operation Iraqi Freedom, or during any time period listed 20 in 5 U.S.C. 2108(1), or who served in the Alaska Territorial Guard for 90 days 21 or more or whose service in the Alaska Territorial Guard was for a lesser 22 period because of injury or disability incurred in the line of duty; 23 (2) persons are eligible who were dependent upon a member of the 24 Alaska Territorial Guard or armed forces or upon a veteran, including persons who 25 served in the Alaska Territorial Guard, eligible for the benefits of this chapter at the 26 time of the member's or veteran's death if the member or veteran was a resident of the 27 territory for one year before entry into service [AND DIED BEFORE NOVEMBER 5, 28 1975]; dependents must be unmarried and the deceased veteran or member of the 29 armed forces must have been their chief means of support and they must be either a 30 widow, widower, minor child, or a mother, father, sister, or brother incapable of self- 31 support; dependents must be residents of the state at the time of application and shall
01 intend to remain residents in the state permanently; the rights of minor children under 02 this chapter may be exercised only if they have no surviving parent and have an 03 appointed guardian who may apply on their behalf for the benefits of this chapter for 04 their care, support, or education; 05 (3) a person who is eligible for veteran's benefits under the laws of any 06 other state or territory is not eligible for the benefits of this section unless the person 07 has lived in the state or territory for at least five years following the end of the person's 08 service in the Alaska Territorial Guard or release from active military service; a World 09 War II veteran who received a bonus under former AS 26.15.120 and former 10 AS 26.15.150 need not repay the bonus in order to qualify under the loan provisions of 11 this section; 12 (4) for persons otherwise eligible for the benefits under this section, 13 who did not return to the state or territory not later than [WITHIN] one year after the 14 end of the persons' service in the Alaska Territorial Guard or separation from the 15 service unless prevented from doing so for medical, educational, or other valid 16 purposes approved by the Department of Commerce, Community, and Economic 17 Development not later than [WITHIN] one year after the end of the persons' service 18 in the Alaska Territorial Guard or separation from the service, an additional 19 requirement of four years' residence in the state or territory before their entry into the 20 service is imposed to entitle them to the benefit provisions of this section. 21 * Sec. 7. AS 39.25.159(f)(5) is amended to read: 22 (5) "veteran" means a person 23 (A) with 181 days or more active service in the armed forces of 24 the United States who has been honorably discharged after having served 25 during any period 26 (i) between April 6, 1917, and December 1, 1919, 27 between September 16, 1940, and December 31, 1947, [OR] between 28 June 27, 1950, and October 14, 1976, between August 2, 1990, and 29 January 2, 1992, beginning September 11, 2001, and ending on the 30 day prescribed by presidential proclamation or by law as the last 31 date of Operation Iraqi Freedom, or during any time period listed
01 in 5 U.S.C. 2108(1); or 02 (ii) in which the person was awarded a campaign badge, 03 expedition medal, the Purple Heart, or an award or decoration for 04 heroism or gallantry in action; 05 (B) who served 181 days or more in the Alaska Territorial 06 Guard. 07 * Sec. 8. AS 39.35.677 is amended by adding new subsections to read: 08 (b) To the extent required by 26 U.S.C. 401(a)(37), if a member dies while 09 performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the 10 member are entitled to any additional benefits that would have been provided to the 11 survivors under the plan had the member resumed employment and then terminated 12 employment on account of death. For purposes of this subsection, periods of qualified 13 military service are not included in calculations of credited service. 14 (c) Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a 15 member receiving differential wage payments from an employer shall be treated as 16 employed by that employer, and the differential wage payment shall be treated as 17 compensation for purposes of applying the limits on annual additions under 26 U.S.C. 18 415(c). For purposes of this subsection, "differential wage payment" means any 19 payment which 20 (1) is made by an employer to an individual with respect to any period 21 during which the individual is performing service in the uniformed services, as defined 22 in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and 23 (2) represents all or a portion of the wages the individual would have 24 received from the employer if the individual were performing service for the 25 employer. 26 * Sec. 9. AS 39.35.972 is amended by adding new subsections to read: 27 (b) To the extent required by 26 U.S.C. 401(a)(37), if a member dies while 28 performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the 29 member are entitled to any additional benefits that would have been provided to the 30 survivors under the plan had the member resumed employment and then terminated 31 employment on account of death. For purposes of this subsection, periods of qualified
01 military service are not included in calculations of credited service. 02 (c) Consistent with, and to the extent required by 26 U.S.C. 414(u)(12), a 03 member receiving differential wage payments from an employer shall be treated as 04 employed by that employer, and the differential wage payment shall be treated as 05 compensation for purposes of applying the limits on annual additions under 26 U.S.C. 06 415(c). For purposes of this subsection, "differential wage payment" means any 07 payment which 08 (1) is made by an employer to an individual with respect to any period 09 during which the individual is performing service in the uniformed services, as defined 10 in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and 11 (2) represents all or a portion of the wages the individual would have 12 received from the employer if the individual were performing service for the 13 employer. 14 * Sec. 10. AS 47.07.045 is amended by adding new subsections to read: 15 (c) If a child who is financially dependent on a military service member is 16 eligible for home and community-based services while physically present in the state, 17 the department shall provide for home and community-based services when the child 18 returns to the state as though the child had remained in the state if the military service 19 member provides proof acceptable to the department that 20 (1) the member has maintained residency in the state for the period of 21 eligibility; proof under this paragraph must include official military personnel records; 22 (2) the member and the dependent child are physically present in the 23 state and intend to reside permanently in the state while receiving the home and 24 community-based services; 25 (3) the member returned to the state within 18 months after separating 26 from military service; and 27 (4) the member's dependent child is not eligible for coverage of home 28 and community-based services under another health insurance plan. 29 (d) In (c) of this section, "military" means the armed forces of the United 30 States, the United States Coast Guard, or the Alaska National Guard. 31
01 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 RETROACTIVITY. (a) AS 14.25.195(b), added by sec. 1 of this Act, 04 AS 14.25.582(b), added by sec. 2 of this Act, AS 22.25.110(b), added by sec. 4 of this Act, 05 AS 39.35.677(b), added by sec. 8 of this Act, and AS 39.35.972(b), added by sec. 9 of this 06 Act, are retroactive to January 1, 2007. 07 (b) AS 14.25.195(c), added by sec. 1 of this Act, AS 14.25.582(c), added by sec. 2 of 08 this Act, AS 22.25.110(c), added by sec. 4 of this Act, AS 39.35.677(c), added by sec. 8 of 09 this Act, and AS 39.35.972(c), added by sec. 9 of this Act, are retroactive to January 1, 2009. 10 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).