Legislature(1999 - 2000)
03/16/2000 08:25 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 379-PERS CREDIT:PEACE OFFICERS/FIRE FIGHTERS CHAIR JAMES announced the next order of business is SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 379, "An Act relating to credited service under the public employees' retirement system for peace officers and fire fighters on leave without pay or receiving workers' compensation benefits because of certain on-the-job injuries." Number 0145 REPRESENTATIVE SMALLEY offered Amendment 1, 1-LS1437\G.1, Cramer, 3/6/00, which read: Page 1, line 2: Delete "on leave without pay or" Page 1, lines 6 - 12: Delete "When a member who was employed as a peace officer or fire fighter in the public employees' retirement system applies for appointment to retirement, the member may claim credited service for days that the member was employed as a peace officer or fire fighter and was on leave-without-pay status because of a physical injury incurred while on the job, or was not employed and was receiving workers' compensation benefits under AS 23.30 because of a physical injury incurred while on the job, as a peace officer or fire fighter." Insert "When a member applies for appointment to retirement, the member may claim credited service for days that the member was not employed and was receiving workers' compensation benefits under AS 23.30 because of a physical injury incurred while employed as a peace officer or fire fighter in a position covered by the public employees' retirement system." CHAIR JAMES asked if the amendment actually removes language from HB 379 and puts in new language. She inquired if she was correct that the only change is in the title, page 1, line 2, "on leave without pay or." Number 0266 REPRESENTATIVE SMALLEY replied that there was also a deletion in page 1, lines 6-12, and a new insertion. Primarily the amendment clarifies and references the timeframe in which a fire fighter or law enforcement officer injured on the job is on workers' compensation and subsequently terminated. He noted that the injured person would have expired all his/her personal leave and sick leave. Due to the fact that the agency or department needs to either replace the position and terminate the employee or else the employee makes a self-determination, the amendment covers only that period of time when the employee is terminated. CHAIR JAMES asked what SSHB 379 does. REPRESENTATIVE SMALLEY answered that SSHB 379 allows an employee, fire fighter or law enforcement officer, who is injured on the job to purchase the time period when he/she was on workers' compensation, but terminated from employment, and credit it toward his/her retirement. While the employee is on approved leave but leave expires and he/she is still employed, he added, and on worker's compensation from that injury, the employee is covered by employer and employee contribution. He said that SSHB 379 only applies to that period of time when the employee is unemployed but still on worker's compensation from an injury suffered in the line of duty. Number 0427 CHAIR JAMES asked if the state pays or the employee pays for SSHB 379. REPRESENTATIVE SMALLEY replied that the employee pays for his/her entire retirement credit. CHAIR JAMES said she understood that the employee pays in that window of time. Since there is no cost to the state, there is a zero fiscal note. REPRESENTATIVE SMALLEY said in 1999 there were 42 employees in this category who applied for disability; of those, 18 were approved and 9 were denied. He noted that there is no cost to the state for SSHB 379, and that it actually allows compensation to an employee who has been injured while performing a duty for the state or the city. CHAIR JAMES noted that Representative Hudson had just arrived. For his benefit, she explained that the amendment redefined SSHB 379 in language that met the sponsor's intent regarding when the window of opportunity is available to an injured employee. Number 0626 JASON ELSON, Fire Chief, City of Kenai, and a representative of the Alaska State Fire Chief's Association, testified via teleconference from Kenai. He said that he and his association support SSHB 379. He explained that he thinks that public safety officers, fire fighters, and police officers are deserving of this credit. He asked for committee support of SSHB 379. Number 0682 REPRESENTATIVE HUDSON made a motion to adopt Amendment 1 [text provided previously]. There being no objection, Amendment 1 was adopted. REPRESENTATIVE HUDSON made a motion to move SSHB 379, as amended, out of committee with individual recommendations and the attached zero fiscal note; he requested unanimous consent. There being no objection, CSSSHB 379(STA) moved from the House State Affairs Standing Committee.
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