CSHB 210(FIN) am: "An Act relating to workers' compensation coverage for disability from diseases for certain firefighters; relating to occupational disability benefits and medical benefits available under the public employees' retirement system; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 210(FIN) am 01 "An Act relating to workers' compensation coverage for disability from diseases for 02 certain firefighters; relating to occupational disability benefits and medical benefits 03 available under the public employees' retirement system; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 23.30.121(b) is amended to read: 07 (b) For a firefighter covered under AS 23.30.243, 08 (1) there is a presumption that a claim for compensation for disability 09 as a result of the following diseases is within the provisions of this chapter: 10 (A) respiratory disease; 11 (B) cardiovascular events that are experienced within 72 hours 12 after exposure to smoke, fumes, or toxic substances; and 13 (C) the following cancers: 14 (i) primary brain cancer;
01 (ii) malignant melanoma; 02 (iii) leukemia; 03 (iv) non-Hodgkin's lymphoma; 04 (v) bladder cancer; 05 (vi) ureter cancer; 06 (vii) kidney cancer; 07 (viii) prostate cancer; and 08 (ix) breast cancer; 09 (2) notwithstanding AS 23.30.100(a), following termination of service, 10 the presumption established in (1) of this subsection extends to the firefighter for a 11 period of six [THREE] calendar months for each year of requisite service but may not 12 extend more than 120 [60] calendar months following the last date of employment; 13 (3) the presumption established in (1) of this subsection applies only to 14 an active or former firefighter who has a disease described in (1) of this subsection 15 that develops or manifests itself after the firefighter has served in the state for at least 16 six [SEVEN] years and who 17 (A) underwent [WAS GIVEN] a qualifying medical 18 examination 19 (i) upon the first employment as [BECOMING] a 20 firefighter that did not show evidence of the disease; 21 (ii) at least once every two years [(B) WAS GIVEN 22 AN ANNUAL MEDICAL EXAM] during [EACH OF] the first six 23 [SEVEN] years of employment as a firefighter that did not show 24 evidence of the disease; and 25 (B) [(C)] with regard to diseases described in (1)(C) of this 26 subsection, demonstrates that, while in the course of employment as a 27 firefighter, the firefighter was exposed to a known carcinogen, as defined by 28 the International Agency for Research on Cancer or the National Toxicology 29 Program, and the carcinogen is associated with a disabling cancer. 30 * Sec 2. AS 39.35.410(d) is amended to read: 31 (d) The monthly amount of an occupational disability benefit is 75 [40]
01 percent of the disabled employee's gross monthly compensation at the time of 02 termination due to disability. 03 * Sec. 3. AS 39.35.870 is amended by adding a new subsection to read: 04 (h) Notwithstanding (a) and (g) of this section, a disabled employee who is 05 eligible to obtain a disability benefit under AS 39.35.890 is eligible to obtain retiree 06 major medical insurance benefits under AS 39.35.880. 07 * Sec. 4. AS 39.35.880(g) is amended to read: 08 (g) Except as provided under (l) of this section, the [THE] cost of 09 premiums for retiree major medical insurance coverage for an eligible member or 10 surviving spouse who is 11 (1) not eligible for Medicare is an amount equal to the full monthly 12 group premiums for retiree major medical insurance coverage; 13 (2) eligible for Medicare is the following percentage of the premium 14 amounts established for retirees who are eligible for Medicare: 15 (A) 30 percent if the member had 10 or more, but less than 15, 16 years of service; 17 (B) 25 percent if the member had 15 or more, but less than 20, 18 years of service; 19 (C) 20 percent if the member had 20 or more, but less than 25, 20 years of service; 21 (D) 15 percent if the member had 25 or more, but less than 30, 22 years of service; 23 (E) 10 percent if the member had 30 or more years of service. 24 * Sec. 5. AS 39.35.880 is amended by adding a new subsection to read: 25 (l) An eligible member or surviving spouse who receives a disability benefit as 26 provided under AS 39.35.890 or 39.35.891 and is not eligible for Medicare is not 27 required to pay a premium for retiree major medical insurance coverage. 28 * Sec. 6. AS 39.35.890(d) is amended to read: 29 (d) The monthly amount of an occupational disability benefit is 75 [40] 30 percent of the disabled employee's gross monthly compensation at the time of 31 termination due to disability. Notwithstanding AS 39.35.790(b), at the time a member
01 is appointed to disability, the member becomes fully vested in the employer 02 contributions made under AS 39.35.750(a). A disabled member is fully vested in the 03 contributions to the member's individual account made under this subsection. An 04 employee is not entitled to elect distributions from the employee's individual 05 contribution account under AS 39.35.810 while the employee is receiving disability 06 benefits under this section. While an employee is receiving disability benefits, based 07 on the disabled employee's gross monthly compensation at the time of termination due 08 to disability, the employer shall make contributions 09 (1) to the employee's individual account under AS 39.35.730 on behalf 10 of the employee, without deduction from the employee's disability payments; and 11 (2) on behalf of the employee under AS 39.35.750. 12 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).