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.