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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 145                                                                                                         
01 Relating to the Teachers' Retirement System, the Judicial Retirement System, and the Public                             
02 Employees' Retirement System for qualified military service; relating to the definition of                              
03 "veteran" for purposes of housing, eligibility for veterans' loans, and preferences in state                            
04 employment hiring; providing for home and community-based waiver services under                                         
05 Medicaid for children of military service members; and providing for an effective date.                                 
06                           _______________                                                                               
07    * Section 1.  AS 14.25.195 is amended by adding new subsections to read:                                           
08            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
09       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
10       member are entitled to any additional benefits that would have been provided to the                               
11       survivors under the plan had the member resumed employment and then terminated                                    
12       employment on account of death. For purposes of this subsection, periods of qualified                             
01       military service are not included in calculations of credited service.                                            
02            (c)  Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a                                   
03       member receiving differential wage payments from an employer shall be treated as                                  
04       employed by that employer, and the differential wage payment shall be treated as                                  
05       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
06       415(b). For purposes of this subsection, "differential wage payment" means any                                    
07       payment that                                                                                                      
08                 (1)  is made by an employer to an individual with respect to any period                                 
09       during which the individual is performing service in the uniformed services, as defined                           
10       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
11                 (2)  represents all or a portion of the wages the individual would have                                 
12       received from the employer if the individual were performing service for the                                      
13       employer.                                                                                                         
14    * Sec. 2. AS 14.25.582 is amended by adding new subsections to read:                                               
15            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
16       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
17       member are entitled to any additional benefits that would have been provided to the                               
18       survivors under the plan had the member resumed employment and then terminated                                    
19       employment on account of death. For purposes of this section, periods of qualified                                
20       military service are not included in calculations of credited service.                                            
21            (c)  Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a                                   
22       member receiving differential wage payments from an employer shall be treated as                                  
23       employed by that employer, and the differential wage payment shall be treated as                                  
24       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
25       415(c). For purposes of this subsection, "differential wage payment" means any                                    
26       payment that                                                                                                      
27                 (1)  is made by an employer to an individual with respect to any period                                 
28       during which the individual is performing service in the uniformed services, as defined                           
29       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
30                 (2)  represents all or a portion of the wages the individual would have                                 
31       received from the employer if the individual were performing service for the                                      
01       employer.                                                                                                         
02    * Sec. 3. AS 18.55.470(4) is amended to read:                                                                      
03                 (4)  "veteran" means a person                                                                           
04                      (A)  honorably separated from the military service of the United                                   
05            States who has at any time resided continuously for at least one [A] year in the                         
06            state and who served in the armed forces of the United States for at least 90                                
07            days or whose service was for less than 90 days because of injury or disability                              
08            incurred in the line of duty, [BETWEEN]                                                                      
09                           (i)  between September 16, 1940, and July 25, 1947;                                       
10                           (ii)  between June 25, 1950, and January 31, 1955; [OR]                                   
11                           (iii)  between August 4, 1964, and November 7, 1975;                                      
12                           (iv)  between August 2, 1990, and January 2, 1992;                                        
13                           (v)  beginning September 11, 2001, and ending on the                                      
14                 day prescribed by Presidential proclamation or by law as the last                                   
15                 date of Operation Iraqi Freedom; or                                                                 
16                           (vi)  during any of the time periods listed in 5 U.S.C.                                   
17                 2108(1);                                                                                            
18                      (B)  who served in the Alaska Territorial Guard for at least 90                                    
19            days or whose service was for less than 90 days because of injury or disability                              
20            incurred in the line of duty, and who has at any time resided continuously for                               
21            at least one [A] year in the state;                                                                      
22                      (C)  who is the spouse or widow or widower of a person                                             
23            described under (A) or (B) of this paragraph.                                                                
24    * Sec. 4. AS 22.25.110 is amended by adding new subsections to read:                                               
25            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
26       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
27       member are entitled to any additional benefits that would have been provided to the                               
28       survivors under the plan had the member resumed employment and then terminated                                    
29       employment on account of death. For purposes of this subsection, periods of qualified                             
30       military service are not included in calculations of credited service.                                            
31            (c)  Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a                                   
01       member receiving differential wage payments from an employer shall be treated as                                  
02       employed by that employer, and the differential wage payment shall be treated as                                  
03       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
04       415(b). For purposes of this subsection, "differential wage payment" means any                                    
05       payment that                                                                                                      
06                 (1)  is made by an employer to an individual with respect to any period                                 
07       during which the individual is performing service in the uniformed services, as defined                           
08       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
09                 (2)  represents all or a portion of the wages the individual would have                                 
10       received from the employer if the individual were performing service for the                                      
11       employer.                                                                                                       
12    * Sec. 5. AS 26.15.130(a) is amended to read:                                                                      
13            (a)  Qualifications for loans under this chapter are as follows:                                         
14                 (1)  persons who served in the armed forces of the United States for 90                                 
15       days or more, or whose service was for less than 90 days because of injury or                                     
16       disability incurred in the line of duty, between April 6, 1917, and November 11, 1918,                          
17       between [AND BEGINNING] September 16, 1940, and [TO] November 7, 1975,                                    
18       between August 2, 1990, and January 2, 1992, or beginning September 11, 2001,                                 
19       and ending on the day prescribed by Presidential proclamation or by law as the                                
20       last date of Operation Iraqi Freedom, or who served in a combat zone during any                           
21       period of armed conflict, or during any time period listed in 5 U.S.C. 2108(1), who                           
22       were separated from the armed forces with a discharge other than dishonorable, and                                
23                      (A)  who, at the time of induction into the service, were                                          
24            residents of the territory or state, who had been residents for not less than one                            
25            year immediately before their induction, and who returned to the territory or                                
26            state after discharge as residents with the intention of remaining in the territory                          
27            or state; or                                                                                                 
28                      (B)  who, not being bona fide residents of the territory or state                                  
29            before their entry into the service, have been residents of the territory or state                           
30            for one or more years;                                                                                       
31                 (2)  persons who were dependent on a member of the armed forces or a                                    
01       veteran of World War II at the time of the member's or veteran's death, if                                        
02                      (A)  the member or veteran was a resident of the territory or                                      
03            state for one year before induction into the service; and                                                    
04                      (B)  the member or veteran served in the armed forces for at                                       
05            least 90 days between September 16, 1940, and July 25, 1947, but benefits for                                
06            loans do not accrue to dependents of an enlistee or re-enlistee for time served                              
07            after November 1, 1945, regardless of whether the enlistment or reenlistment                                 
08            was before or after November 1, 1945; and                                                                    
09                      (C)  the member or veteran died before the official date of the                                    
10            termination of that war; and                                                                                 
11                      (D)  the member's or veteran's discharge was not dishonorable;                                     
12                 (3)  persons who have served in the Alaska Army National Guard or the                                   
13       Alaska Air National Guard or the Alaska Naval Militia for not less than six years and                             
14       who have not received a discharge other than honorable.                                                           
15    * Sec. 6. AS 26.15.160 is amended to read:                                                                         
16            Sec. 26.15.160. Extension of chapter to members of the Alaska Territorial                                  
17       Guard and to veterans of the armed forces of the United States [KOREA AND                                   
18       VIETNAM]. The provisions of this chapter, except those provisions relating to the                               
19       payment of bonuses, are extended to persons who served in the Alaska Territorial                                  
20       Guard and to veterans of the armed forces of the United States, who served other                              
21       than dishonorably on active duty between June 25, 1950, and January 31, 1955, [WHO                                
22       SERVED OTHER THAN DISHONORABLY ON ACTIVE DUTY] between                                                            
23       August 4, 1964, and November 7, 1975, between August 2, 1990, and January 2,                                  
24       1992, beginning September 11, 2001, and ending on the day prescribed by                                       
25       Presidential proclamation or by law as the last date of Operation Iraqi Freedom,                              
26       or during any time period listed in 5 U.S.C. 2108(1) and to dependents of those                               
27       persons, subject to the following provisions and eligibility qualifications:                                    
28                 (1)  persons are eligible                                                                               
29                      (A)  who served in the Alaska Territorial Guard, who were                                          
30            discharged other than dishonorably from the armed forces of the United States,                               
31            or who are released to a reserve component; and                                                              
01                      (B)  who, at the time of entry into the service, were bona fide                            
02            residents of the territory or State of Alaska and had been residents of the                                  
03            territory or state for not less than one year before their entry into the service;                           
04            and who have returned to the territory or state within a reasonable length of                                
05            time after the end of their service in the Alaska Territorial Guard or their                                 
06            discharge or separation as residents with the intention of remaining in the                                  
07            territory or state; or who, not being bona fide residents of the territory before                            
08            their entry into the service, have lived in the territory or state for at least five                         
09            years following their release from active military service; and                                              
10                      (C)  who served in the armed forces of the United States for 90                                    
11            days or more, or whose service was for a lesser period because of injury or                                  
12            disability incurred in line of duty, between June 25, 1950, and January 31,                                  
13            1955, [OR WHO SERVED IN THE ARMED FORCES OF THE UNITED                                                       
14            STATES FOR 90 DAYS OR MORE OR WHOSE SERVICE WAS FOR A                                                        
15            LESSER PERIOD BECAUSE OF INJURY OR DISABILITY INCURRED IN                                                    
16            LINE OF DUTY,] between August 4, 1964, and July 1, 1977, between                                         
17            August 2, 1990, and January 2, 1992, beginning September 11, 2001, and                                   
18            ending on the day prescribed by Presidential proclamation or by law as                                   
19            the last date of Operation Iraqi Freedom, or during any time period listed                               
20            in 5 U.S.C. 2108(1), or who served in the Alaska Territorial Guard for 90 days                           
21            or more or whose service in the Alaska Territorial Guard was for a lesser                                    
22            period because of injury or disability incurred in the line of duty;                                       
23                 (2)  persons are eligible who were dependent upon a member of the                                       
24       Alaska Territorial Guard or armed forces or upon a veteran, including persons who                                 
25       served in the Alaska Territorial Guard, eligible for the benefits of this chapter at the                          
26       time of the member's or veteran's death if the member or veteran was a resident of the                            
27       territory for one year before entry into service [AND DIED BEFORE NOVEMBER 5,                                     
28       1975]; dependents must be unmarried and the deceased veteran or member of the                                     
29       armed forces must have been their chief means of support and they must be either a                                
30       widow, widower, minor child, or a mother, father, sister, or brother incapable of self-                           
31       support; dependents must be residents of the state at the time of application and shall                           
01       intend to remain residents in the state permanently; the rights of minor children under                           
02       this chapter may be exercised only if they have no surviving parent and have an                                   
03       appointed guardian who may apply on their behalf for the benefits of this chapter for                             
04       their care, support, or education;                                                                                
05                 (3)  a person who is eligible for veteran's benefits under the laws of any                              
06       other state or territory is not eligible for the benefits of this section unless the person                       
07       has lived in the state or territory for at least five years following the end of the person's                     
08       service in the Alaska Territorial Guard or release from active military service; a World                          
09       War II veteran who received a bonus under former AS 26.15.120 and former                                          
10       AS 26.15.150 need not repay the bonus in order to qualify under the loan provisions of                            
11       this section;                                                                                                     
12                 (4)  for persons otherwise eligible for the benefits under this section,                                
13       who did not return to the state or territory not later than [WITHIN] one year after the                       
14       end of the persons' service in the Alaska Territorial Guard or separation from the                                
15       service unless prevented from doing so for medical, educational, or other valid                                   
16       purposes approved by the Department of Commerce, Community, and Economic                                          
17       Development not later than [WITHIN] one year after the end of the persons' service                            
18       in the Alaska Territorial Guard or separation from the service, an additional                                     
19       requirement of four years' residence in the state or territory before their entry into the                        
20       service is imposed to entitle them to the benefit provisions of this section.                                     
21    * Sec. 7. AS 39.25.159(f)(5) is amended to read:                                                                   
22                 (5)  "veteran" means a person                                                                           
23                      (A)  with 181 days or more active service in the armed forces of                                   
24            the United States who has been honorably discharged after having served                                      
25            during any period                                                                                            
26                           (i)  between April 6, 1917, and December 1, 1919,                                             
27                 between September 16, 1940, and December 31, 1947, [OR] between                                         
28                 June 27, 1950, and October 14, 1976, between August 2, 1990, and                                    
29                 January 2, 1992, beginning September 11, 2001, and ending on the                                    
30                 day prescribed by Presidential proclamation or by law as the last                                   
31                 date of Operation Iraqi Freedom, or during any time period listed                                   
01                 in 5 U.S.C. 2108(1); or                                                                             
02                           (ii)  in which the person was awarded a campaign badge,                                       
03                 expedition medal, the Purple Heart, or an award or decoration for                                       
04                 heroism or gallantry in action;                                                                         
05                      (B)  who served 181 days or more in the Alaska Territorial                                         
06            Guard.                                                                                                       
07    * Sec. 8. AS 39.35.677 is amended by adding new subsections to read:                                               
08            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
09       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
10       member are entitled to any additional benefits that would have been provided to the                               
11       survivors under the plan had the member resumed employment and then terminated                                    
12       employment on account of death. For purposes of this subsection, periods of qualified                             
13       military service are not included in calculations of credited service.                                            
14            (c)  Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a                                   
15       member receiving differential wage payments from an employer shall be treated as                                  
16       employed by that employer, and the differential wage payment shall be treated as                                  
17       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
18       415(b). For purposes of this subsection, "differential wage payment" means any                                    
19       payment that                                                                                                      
20                 (1)  is made by an employer to an individual with respect to any period                                 
21       during which the individual is performing service in the uniformed services, as defined                           
22       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
23                 (2)  represents all or a portion of the wages the individual would have                                 
24       received from the employer if the individual were performing service for the                                      
25       employer.                                                                                                         
26    * Sec. 9. AS 39.35.972 is amended by adding new subsections to read:                                               
27            (b)  To the extent required by 26 U.S.C. 401(a)(37), if a member dies while                                  
28       performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the                           
29       member are entitled to any additional benefits that would have been provided to the                               
30       survivors under the plan had the member resumed employment and then terminated                                    
31       employment on account of death. For purposes of this subsection, periods of qualified                             
01       military service are not included in calculations of credited service.                                            
02            (c)  Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a                                   
03       member receiving differential wage payments from an employer shall be treated as                                  
04       employed by that employer, and the differential wage payment shall be treated as                                  
05       compensation for purposes of applying the limits on annual additions under 26 U.S.C.                              
06       415(c). For purposes of this subsection, "differential wage payment" means any                                    
07       payment that                                                                                                      
08                 (1)  is made by an employer to an individual with respect to any period                                 
09       during which the individual is performing service in the uniformed services, as defined                           
10       in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and                                      
11                 (2)  represents all or a portion of the wages the individual would have                                 
12       received from the employer if the individual were performing service for the                                      
13       employer.                                                                                                         
14    * Sec. 10. AS 47.07.045 is amended by adding new subsections to read:                                              
15            (c)  If a child who is financially dependent on a military service member is                                 
16       eligible for home and community-based services while physically present in the state,                             
17       the department shall provide for home and community-based services when the child                                 
18       returns to the state as though the child had remained in the state if the military service                        
19       member provides proof acceptable to the department that                                                           
20                 (1)  the member has maintained residency in the state for the period of                                 
21       eligibility; proof under this paragraph must include official military personnel records;                         
22                 (2)  the member and the dependent child are physically present in the                                   
23       state and intend to reside permanently in the state while receiving the home and                                  
24       community-based services;                                                                                         
25                 (3)  the member returned to the state within 18 months after separating                                 
26       from military service; and                                                                                        
27                 (4)  the member's dependent child is not eligible for coverage of home                                  
28       and community-based services under another health insurance plan.                                                 
29            (d)  In (c) of this section, "military" means the armed forces of the United                                 
30       States, the United States Coast Guard, or the Alaska National Guard.                                              
31    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
01 read:                                                                                                                   
02       RETROACTIVITY. (a) AS 14.25.195(b), added by sec. 1 of this Act,                                                  
03 AS 14.25.582(b), added by sec. 2 of this Act, AS 22.25.110(b), added by sec. 4 of this Act,                             
04 AS 39.35.677(b), added by sec. 8 of this Act, and AS 39.35.972(b), added by sec. 9 of this                              
05 Act, are retroactive to January 1, 2007.                                                                                
06       (b)  AS 14.25.195(c), added by sec. 1 of this Act, AS 14.25.582(c), added by sec. 2 of                            
07 this Act, AS 22.25.110(c), added by sec. 4 of this Act, AS 39.35.677(c), added by sec. 8 of                             
08 this Act, and AS 39.35.972(c), added by sec. 9 of this Act, are retroactive to January 1, 2009.                         
09    * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).                                                
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