02/17/2009 01:00 PM House MILITARY & VETERANS' AFFAIRS

SJR 5 - AK TERRITORIAL GUARD RETIREMENT BENEFITS                                                                              
                                                                                                                                
1:08:24 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
CS  FOR SENATE  JOINT RESOLUTION  NO. 5(FIN),  Urging the  United                                                               
States Department  of Defense to  continue to  provide retirement                                                               
benefits for members  of the Alaska Territorial  Guard who served                                                               
during World War II.                                                                                                            
                                                                                                                                
1:09:20 PM                                                                                                                    
                                                                                                                                
KAREN  SAWYER,  Staff,  Senator  Charlie  Huggins,  Alaska  State                                                               
Legislature, in presenting  SJR 5 on behalf of the  sponsor - the                                                               
Senate  Rules Standing  Committee,  which is  chaired by  Senator                                                               
Huggins  -  began  by  explaining  that  members  of  the  Alaska                                                               
Territorial Guard ("ATG") defended  the Alaska coastline from the                                                               
Japanese  during WWII,  and that  most of  the 6,368  ATG members                                                               
were  Alaska  Natives  ranging  in  age  from  12  to  80.    The                                                               
contribution of these guard members  to the U.S. military was not                                                               
acknowledged  until 2000,  when  they were  finally granted  U.S.                                                               
veteran status by law, though by  that time there were only a few                                                               
hundred  such guard  members still  alive.   However, in  January                                                               
2009,  because of  a legal  interpretation regarding  whether ATG                                                               
service qualified towards military  retirement benefits, the U.S.                                                               
Army decided  to stop  paying retirement benefits  to the  26 ATG                                                               
members who were  receiving them.  Most of these  26 veterans are                                                               
in their  80s and are  living in rural communities,  where winter                                                               
is bitterly cold,  resources are scarce, and the  cost of heating                                                               
oil is extremely high.                                                                                                          
                                                                                                                                
MS. SAWYER  said that when  news of  the Army's decision  to stop                                                               
paying retirement  benefits to ATG members  reached [the public],                                                               
it  engendered a  critical  response towards  both  the Army  and                                                               
Congress,  and  Alaska's   congressional  delegation  immediately                                                               
brought the situation  to the attention of the  President and the                                                               
rest of  Congress.  A few  weeks later, the Army  decided that it                                                               
would pay  60-days' worth  of retirement benefits  to the  26 ATG                                                               
members  out of  an  emergency  fund until  the  matter could  be                                                               
investigated further.   Senate Joint Resolution 5  urges the U.S.                                                               
Department  of Defense  (DOD) to  continue to  provide retirement                                                               
benefits  to ATG  members; supports  federal legislation  on this                                                               
matter recently introduced  by Alaska's congressional delegation;                                                               
and urges the DOD to  continue paying the aforementioned benefits                                                               
out  of the  emergency fund  until the  Army either  reverses its                                                               
initial  decision to  stop payments  or  the federal  legislation                                                               
passes.  In  conclusion, she asked that the  resolution be passed                                                               
from committee.                                                                                                                 
                                                                                                                                
1:12:05 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  asked whether  there is any  reason to  believe that                                                               
the Army  will reverse  its initial decision,  given that  it was                                                               
made based on a legal interpretation.                                                                                           
                                                                                                                                
MS.  SAWYER relayed  that  there are  those who  say  there is  a                                                               
chance  the   Army  will  reverse  its   decision;  however,  the                                                               
likelihood  that  such would  happen  during  the current  60-day                                                               
extension  is  slim.    Furthermore,  should  the  aforementioned                                                               
federal  legislation pass,  it wouldn't  take effect  until after                                                               
the  26  ATG  members  are  no  longer  receiving  the  temporary                                                               
payments unless the  Army continues to make  such payments beyond                                                               
the current 60-day extension.                                                                                                   
                                                                                                                                
REPRESENTATIVE BUCH expressed favor with SJR 5.                                                                                 
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on SJR 5.                                                                                      
                                                                                                                                
MS.  SAWYER, in  response to  a question,  said that  the 26  ATG                                                               
members are all living in  Alaska, though there are an additional                                                               
30 ATG  members who  are going  through the  application process.                                                               
It has taken a long time for the  members of the ATG to be found,                                                               
so  there might  also  be others  who could  be  affected by  the                                                               
current situation.                                                                                                              
                                                                                                                                
1:14:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN   moved  to  report  CSSJR   5(FIN)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.   There being no  objection, CSSJR  5(FIN) was                                                               
reported  from  the  House  Special  Committee  on  Military  and                                                               
Veterans' Affairs.