Legislature(1999 - 2000)

05/12/1999 02:24 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
Number 216                                                                                                                      
                                                                                                                                
        SB 170-CREDITED SERVICE FOR ON-THE-JOB INJURIES                                                                         
                                                                                                                                
JOHN CYR, President of NEA Alaska, thanked Chairman Miller and                                                                  
Representative Coghill for introducing this legislation.  NEA                                                                   
believes SB 170 speaks to fairness.  It allows a teacher who is                                                                 
assaulted on the job and is forced to go on leave without pay                                                                   
status to maintain their retirement benefits.  It also allows                                                                   
teachers who go on leave without pay for other reasons to                                                                       
contribute to his/her retirement accounts.  NEA hopes that no                                                                   
teacher will ever have to rely on the provisions of this bill,                                                                  
however assaults on the job do happen and create an extreme                                                                     
hardship on teachers and their families at the time as well as at                                                               
retirement time.                                                                                                                
                                                                                                                                
SENATOR WILKEN asked if SB 170 will apply to a teacher hurt on the                                                              
job.  MR. CYR said SB 170 only applies to teachers who are                                                                      
assaulted on the job and the injury would have to be serious enough                                                             
to force the teacher to rely on workers' compensation. He explained                                                             
that a teacher is eligible to use sick leave for accidents or                                                                   
illnesses that are not job related.  While on sick leave, a teacher                                                             
remains on paid status and continues to contribute to his/her                                                                   
retirement account.  A teacher who is hurt on the job is eligible                                                               
for workers' compensation.                                                                                                      
                                                                                                                                
Number 267                                                                                                                      
                                                                                                                                
GUY BELL, Director of the Division of Retirement and Benefits,                                                                  
stated SB 170 is the Senate corollary to HB 226.  Section 3(d)                                                                  
effectively puts the teachers' retirement system (TRS) on par with                                                              
the public employees' retirement system (PERS) as it relates to on-                                                             
the-job injuries.  With this change, a person on leave without pay                                                              
who receives workers' compensation benefits, due to an on-the-job                                                               
injury, can apply for service credit for that time and pay the                                                                  
indebtedness.  The remainder of the bill addresses assault issues.                                                              
The major change in CSHB 226, made by a House committee the                                                                     
previous day, is that a teacher must have received a physical                                                                   
injury from the assault.                                                                                                        
                                                                                                                                
CHAIRMAN MILLER asked where that change was made in the bill.  MR.                                                              
BELL said that provision was inserted throughout the bill by the                                                                
legislative drafter.                                                                                                            
                                                                                                                                
MR. BELL added that other technical issues related to normal                                                                    
retirement benefits and disabiity retirement in TRS were addressed,                                                             
in particular when a person is disabled as a result of the assault.                                                             
MR. BELL said the costs, from an actuarial point of view, are                                                                   
immaterial to the system.                                                                                                       
                                                                                                                                
SENATOR ELTON noted other kinds of assault injuries, such as                                                                    
emotional injuries, can be equally debilitating.  He asked what                                                                 
amount the fiscal note would contain if other types of injuries are                                                             
included.                                                                                                                       
                                                                                                                                
MR. BELL said that would be very difficult to quantify and is the                                                               
reason the Division wanted the bill to specify physical injuries.                                                               
                                                                                                                                
CHAIRMAN MILLER asked Rynnieva Moss to update the committee on HB
226.                                                                                                                            
                                                                                                                                
Number 325                                                                                                                      
                                                                                                                                
RYNNIEVA MOSS, legislative aide to Representative Coghill,                                                                      
explained the latest House version specifies that the injury must                                                               
be physical.  In  addition, in Section 1, AS 14.25.140(a) was                                                                   
inserted so that the benefit would terminate once the employee was                                                              
put on disability pension.  Also, in Section 6, after AS 39.45.370,                                                             
language was added that terminates PERS eligibility when a                                                                      
disability pension kicks in. The original version of HB 226                                                                     
contained some drafting errors that were also corrected.                                                                        
                                                                                                                                
CHAIRMAN MILLER asked Mr. Bell if he had any objections to the                                                                  
House HESS committee substitute to HB 226. MR. BELL said he did                                                                 
not.                                                                                                                            
                                                                                                                                
SENATOR WILKEN moved to incorporate the changes made in CSHB 226                                                                
into SB 170, and to moved SB 170 as amended out of committee with                                                               
individual recommendations.  There being no objection, the motion                                                               
carried.                                                                                                                        

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