Alaska 30th Legislature (2017-2018) Status: In Committee Bipartisan · 1 D · 1 R cosponsors

HB 5 — An Act relating to payment of health benefit premiums for a surviving spouse and dependent child of certain peace officers and firefighters who die in the line of duty; and providing for an effective date.

Last action — Cosponsors added: WESTLAKE

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 30th Legislature (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

7 added · 8 removed

Plain-language change summary

The revised bill, now known as SSHB 5, shifts its focus from public employees’ major medical insurance to creating a dedicated health benefit fund for the surviving spouses and dependent children of peace officers and firefighters who die in the line of duty. This change is significant because it ensures that these families receive consistent assistance for their health benefit premiums, helping to reduce financial stress during a difficult time. Additionally, the new fund is managed by the Department of Public Safety, which aims to streamline the process of accessing these benefits and increase accountability in the distribution of funds.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2017 Session Laws & Resolves 2018 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills SSHB 5 Detail FullText txt SSHB 5:
"An Act relating to major medical insurance coverage under the Public Employees' Retirement System of Alaska for certain surviving spouses and dependent children of peace officers and firefighters;
"An Act relating to payment of health benefit premiums for a surviving spouse and dependent child of certain peace officers and firefighters who die in the line of duty;
and providing for an effective date." HOUSE BILL NO.
and providing for an effective date." SPONSOR SUBSTITUTE FOR HOUSE BILL NO.
5 01 "An Act relating to major medical insurance coverage under the Public Employees' 02 Retirement System of Alaska for certain surviving spouses and dependent children of 03 peace officers and firefighters;
5 01 "An Act relating to payment of health benefit premiums for a surviving spouse and 02 dependent child of certain peace officers and firefighters who die in the line of duty;
and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
AS 39.30.400(b) is amended to read:
AS 44.41.020 is amended by adding a new subsection to read:
06 (b) Upon application of an eligible person, the administrator shall reimburse to 07 the eligible person the costs for medical care expenses as defined in 26 U.S.C.
06 (g) The Department of Public Safety shall:
213(d).
manage and administer the line-of- 07 duty-death survivor health benefit fund established in AS 44.41.070.
08 Reimbursement is limited to the medical expenses of 09 (1) an eligible member, the spouse of an eligible member, and the 10 dependent children of an eligible member;
The Department 08 of Public Safety shall establish standardized procedures and forms for use in 09 administering the line-of-duty-death survivor health benefit fund.
[OR] 11 (2) a surviving spouse and the dependent children of an eligible 12 member dependent on the surviving spouse;
10 * Sec.
or 13 (3) an eligible member's dependent children if the member dies 14 and there is no surviving spouse.
* Sec.
AS 39.35.535(a) is amended to read:
AS 44.41 is amended by adding new sections to read:
02 (a) Except as provided in (d) of this section, the following persons are entitled 03 to major medical insurance coverage under this section:
11 Sec.
04 (1) for employees first hired before July 1, 1986, 05 (A) an employee who is receiving a monthly benefit from the 06 plan and who has elected coverage;
44.41.070.
07 (B) the spouse and dependent children of the employee 08 described in (A) of this paragraph;
Line-of-duty-death survivor health benefit fund.
09 (C) the surviving spouse of a deceased employee who is 10 receiving a monthly benefit from the plan and who has elected coverage;
(a) The 12 line-of-duty-death survivor health benefit fund is established as a separate fund in the 13 Department of Public Safety.
11 (D) the dependent children of a deceased employee who are 12 dependent on the surviving spouse described in (C) of this paragraph;
The fund consists of appropriations made to the fund by 14 the legislature and donations made to the fund.
13 (2) for members first hired on or after July 1, 1986, 14 (A) an employee who is receiving a monthly benefit from the 15 plan and who has elected coverage for the employee;
Money appropriated to the fund does not lapse.
16 (B) the spouse of the employee described in (A) of this 17 paragraph if the employee elected coverage for the spouse;
The Department of Public Safety may hold the principal and earnings of the 02 fund for the purpose of reimbursing the union health trust for the cost of health benefit 03 premiums for eligible survivors of peace officers and firefighters who die in the line of 04 duty.
18 (C) the dependent children of the employee described in (A) of 19 this paragraph if the employee elected coverage for the dependent children;
05 (b) Upon application by a person claiming benefits under this section, the 06 commissioner of public safety shall determine if the applicant is a survivor eligible to 07 receive fund proceeds for health benefits.
20 (D) the surviving spouse of a deceased employee who is 21 receiving a monthly benefit from the plan and who has elected coverage;
08 (c) If eligibility is established, the first fund payment shall be made for the 09 month following the month in which the survivor applies for fund proceeds and 10 payment shall stop the month after eligibility ends under (e) of this section.
22 (E) the dependent children of a deceased employee who are 23 dependent on the surviving spouse described in (D) of this paragraph if the 24 surviving spouse has elected coverage for the dependent children;
11 (d) Except as provided in (e) of this section, the following persons are eligible 12 for fund proceeds for health benefit coverage under this section:
25 (3) for deceased members who were peace officers or firefighters, 26 (A) the dependent children of the deceased member who 27 are eligible to receive a pension benefit under AS 39.35.430 and for whom 28 coverage has been elected;
13 (1) the surviving spouse of a deceased, state-employed peace officer or 14 firefighter who died in the line of duty;
29 (B) the surviving spouse of the deceased member who has 30 elected coverage and is eligible to receive a pension benefit under 31 AS 39.35.430.
15 (2) the dependent children of a deceased, state-employed peace officer 16 or firefighter who died in the line of duty.
* Sec.
17 (e) The commissioner of public safety may make expenditures from the fund 18 to reimburse the union health trust fund for eligible survivor health benefit premiums 19 until 20 (1) a surviving spouse becomes eligible to receive health or medical 21 benefits through employment or other means, or becomes eligible to receive system- 22 paid medical benefits through the public employee's retirement system (AS.
39.35), or 23 until the survivor reaches 65 years of age, whichever comes first;
24 (2) a dependent child becomes eligible to receive health or medical 25 benefits through employment or other means or reaches 26 years of age, whichever 26 comes first.
27 (f) The fund may be used to pay the management and administrative expenses 28 incurred by the Department of Public Safety in administering this section.
29 (g) Money appropriated to the fund may be spent for the purposes of the fund 30 without further appropriation.
31 (h) Nothing in this section creates a dedicated fund.
(i) The Department of Public Safety may adopt regulations necessary to carry 02 out the provisions of this section.
03 (j) In this section, 04 (1) "died in the line of duty" has the meaning given to "line-of-duty- 05 death" in this section;
06 (2) "firefighter" means an airport police and fire officer or a deputy fire 07 marshal employed by the state;
08 (3) "fund" means the line-of-duty-death survivor health benefit fund;
09 (4) "line-of-duty-death" means the death of a peace officer or 10 firefighter employed by the state who died before the employee's retirement and 11 before the employee's normal retirement date, and the proximate cause of death is a 12 bodily injury sustained or a hazard undergone while in the performance and within the 13 scope of the employee's duties, and the injury or hazard is not the proximate result of a 14 wilful negligence of the employee;
15 (5) "peace officer" means a trooper, court service officer, or airport 16 police and fire officer employed by the state;
17 (6) "survivor" means the surviving spouse or dependent children of a 18 peace officer or firefighter who died in the line of duty;
19 (7) "union health trust" means the health trust maintained by the union 20 that formerly provided health benefits to the peace officer or firefighter who died in 21 the line of duty.
22 Sec.
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44.41.072.
Local government election to participate in line-of-duty- 23 death survivor health benefit fund.
(a) The commissioner may, from time to time, 24 enter into an agreement under AS 44.41.076 to allow a municipality to participate in 25 the fund, if the municipality elects to participate.
If a municipality elects to participate 26 in the fund, the commissioner shall determine the amount and frequency of 27 contributions the municipality is required to make to the fund based on the anticipated 28 cost of the municipality's participation, including the department's cost of 29 administering the agreement under this subsection.
30 (b) The commissioner shall administer agreements entered into under (a) of 31 this section.
(c) The surviving spouse or dependent child of a peace officer or firefighter 02 who died while employed by a municipality is not eligible for reimbursement under 03 the fund unless the municipality elects to participate in the fund and is in compliance 04 with an agreement entered into under (a) of this section.
05 Sec.
44.41.074.
Eligibility of municipal peace officers and firefighters.
(a) 06 Notwithstanding AS 44.41.072(c), the surviving spouse or dependent child of a peace 07 officer or firefighter who was employed by a municipality may be determined eligible 08 for reimbursement under the fund if, at the time of death, 09 (1) the municipality elected to participate in the fund and was in 10 compliance with the terms of an agreement entered into under AS 44.41.072(a);
and 11 (2) the peace officer or firefighter was a member of the Public 12 Employees' Retirement System of Alaska (AS 39.35) and not eligible for normal 13 retirement from that system.
14 (b) The commissioner may determine that a surviving spouse or surviving 15 dependent child of a peace officer or firefighter employed by a municipality who 16 would otherwise be eligible for reimbursement under AS 44.41.072 is ineligible and 17 deny reimbursement until the commissioner determines all requirements of the 18 agreement are satisfied if a municipality enters into an agreement under 19 AS 44.41.072(a) and fails to meet a requirement of that agreement, including a 20 requirement under AS 44.41.076.
21 Sec.
44.41.076.
Terms of agreement by municipality to participate in fund.
22 An agreement under AS 44.41.072(a) for a municipality to participate in the fund must 23 require that the municipality 24 (1) contribute to the fund as determined by the commissioner under 25 AS 44.41.072(a);
26 (2) is current with contributions required under this section;
and 27 (3) complies with applicable regulations adopted by the commissioner.
28 Sec.
44.41.079.
Definitions.
In AS 44.41.070 - 44.41.079, 29 (1) "commissioner" means the commissioner of public safety or the 30 commissioner's designee;
31 (2) "department" means the Department of Public Safety;
(3) "dependent child" means an unmarried child of an employee, 02 including an adopted child, who is dependent on the employee for support and who is 03 either (A) under 19 years of age or (B) under 26 years of age and enrolled on a full- 04 time basis in an accredited educational or technical institution recognized by the 05 Alaska Commission on Postsecondary Education;
age restrictions under this paragraph 06 do not apply to a child who is totally and permanently disabled;
07 (4) "firefighter" means a person who is employed by the fire 08 department of a municipality that is bound by an agreement under AS 44.41.025(a);
09 (5) "fund" means the line-of-duty-death survivor health benefit fund 10 established in AS 44.41.070;
11 (6) "peace officer" means a person who is employed by the police 12 department of a municipality that is bound by an agreement under AS 44.41.072(a).
13 * Sec.
AS 39.35.535(c) is amended to read:
The uncodified law of the State of Alaska is amended by adding a new section to 14 read:
02 (c) A benefit recipient may elect major medical insurance coverage in 03 accordance with regulations and under the following conditions:
15 TRANSITION:
04 (1) a person, other than a disabled member or a disabled member who 05 is appointed to normal retirement, must pay an amount equal to the full monthly group 06 premium for retiree major medical insurance coverage if the person is 07 (A) younger than 60 years of age and has less than 08 (i) 25 years of credited service as a peace officer under 09 AS 39.35.360 and 39.35.370;
REGULATIONS.
or 10 (ii) 30 years of credited service under AS 39.35.360 and 11 39.35.370 that is not service as a peace officer;
The commissioner of public safety may adopt 16 regulations necessary to implement secs.
or 12 (B) of any age and has less than 10 years of credited service;
1 and 2 of this Act.
13 (2) a person is not required to make premium payments for retiree 14 major medical coverage if the person 15 (A) is a disabled member;
The regulations take effect under 17 AS 44.62 (Administrative Procedure Act), but not before the effective date of secs.
16 (B) is a disabled member who is appointed to normal 17 retirement;
1 and 2 of 18 this Act.
18 (C) is 60 years of age or older and has at least 10 years of 19 credited service;
19 * Sec.
[OR] 20 (D) has at least 21 (i) 25 years of credited service as a peace officer under 22 AS 39.35.360 and 39.35.370;
or 23 (ii) 30 years of credited service under AS 39.35.360 and 24 39.35.370 not as a peace officer;
or 25 (E) is receiving a benefit under (a)(3) of this section.
26 * Sec.
AS 39.35.870(c) is repealed and reenacted to read:
Section 3 of this Act takes effect immediately under AS 01.10.070(c).
27 (c) The following persons are eligible to elect medical benefits under 28 AS 39.35.880:
20 * Sec.
29 (1) a member who is eligible for retirement under (a) of this section;
30 (2) a member's surviving spouse if the member had retired or was 31 eligible for retirement and medical benefits at the time of the member's death;
(3) a deceased member's surviving spouse, if the deceased member 02 was a peace officer or firefighter, the deceased member's surviving spouse is eligible 03 to receive a benefit under AS 39.35.892;
and 04 (4) a deceased member's dependent children if the deceased member 05 was a peace officer or firefighter and the deceased member's surviving spouse or 06 dependent children are eligible to receive a benefit under AS 39.35.892.
07 * Sec.
AS 39.35.870(d) is amended to read:
08 (d) A person [MEMBERS] shall apply for retirement and medical benefits on 09 the forms and in the manner prescribed by the administrator.
10 * Sec.
6.
AS 39.35.870(g) is repealed and reenacted to read:
11 (g) If an eligible person elects not to participate in the retiree major medical 12 insurance plan, the election becomes irrevocable upon application for retirement and 13 medical benefits or when the person reaches 70 1/2 years of age, whichever is later.
14 * Sec.
7.
AS 39.35.870 is amended by adding a new subsection to read:
15 (h) Notwithstanding cessation of benefits under AS 39.35.892(b), medical 16 benefits for a survivor under (c)(3) and (4) of this section shall be paid until the last 17 day of the month in which there is no surviving spouse and no dependent child.
18 * Sec.
8.
AS 39.35.880(b) is repealed and reenacted to read:
19 (b) Retiree major medical insurance plan coverage elected by a person who is 20 eligible under AS 39.35.870(c) covers 21 (1) the member, the spouse of the eligible member, and the dependent 22 children of the eligible member if the member is the elector;
23 (2) the surviving spouse and the dependent children of the eligible 24 member who are dependent on the surviving spouse if the surviving spouse is the 25 elector;
26 (3) the dependent child if the dependent child, or a person authorized 27 to act on behalf of the dependent child, is the elector.
28 * Sec.
9.
AS 39.35.880(d) is amended to read:
29 (d) Major medical insurance coverage takes effect on the first day of the 30 month following the date of the administrator's approval of the election and stops 31 when the person who elects coverage is no longer eligible to receive coverage [DIES] or fails to make a required premium payment.
02 * Sec.
10.
AS 39.35.880(g) is amended to read:
03 (g) The cost of premiums for retiree major medical insurance coverage for an 04 eligible person [MEMBER OR SURVIVING SPOUSE] who is 05 (1) not eligible for Medicare is an amount equal to the full monthly 06 group premiums for retiree major medical insurance coverage;
07 (2) eligible for Medicare is the following percentage of the premium 08 amounts established for retirees who are eligible for Medicare:
09 (A) 30 percent if the member had 10 or more, but less than 15, 10 years of service;
11 (B) 25 percent if the member had 15 or more, but less than 20, 12 years of service;
13 (C) 20 percent if the member had 20 or more, but less than 25, 14 years of service;
15 (D) 15 percent if the member had 25 or more, but less than 30, 16 years of service;
17 (E) 10 percent if the member had 30 or more years of service.
18 * Sec.
11.
AS 39.35.880 is amended by adding a new subsection to read:
19 (l) Notwithstanding (g) of this section, a person who is eligible for major 20 medical insurance coverage under AS 39.35.870(c)(3) or (4) is not required to pay 21 premiums under (g)(1) of this section.
22 * Sec.
12.
AS 39.35.894 is amended to read:
23 Sec.
39.35.894.
Premiums for retiree major medical insurance coverage 24 upon termination of disability benefits or survivor's pension.
The premium for 25 retiree major medical insurance coverage payable by an employee whose disability 26 benefit is terminated under AS 39.35.890(g) or by an eligible survivor whose survivor 27 pension is terminated under AS 39.35.890(k) [OR 39.35.892(e)] when the employee 28 would have been eligible for normal retirement if the employee had survived shall be 29 determined under AS 39.35.880(g)(2) as if the employee or survivor were eligible for 30 Medicare.
31 * Sec.
13.
AS 39.35.880(c) is repealed.
* Sec.
14.
The uncodified law of the State of Alaska is amended by adding a new section to 02 read:
03 TRANSITION:
REGULATIONS.
(a) The Department of Administration may adopt 04 regulations necessary to implement this Act.
Regulations adopted by the Department of 05 Administration under this Act relate to the internal management of a state agency and are not 06 subject to AS 44.62 (Administrative Procedure Act) under AS 39.30.160 and AS 39.35.005.
07 (b) Regulations adopted under this section may not take effect before the effective 08 date of the law being implemented by the regulation.
09 * Sec.
15.
The uncodified law of the State of Alaska is amended by adding a new section to 10 read:
11 RETROACTIVITY.
Sections 1 - 13 of this Act are retroactive to January 1, 2013.
12 * Sec.
16.
Section 14 of this Act takes effect immediately under AS 01.10.070(c).
13 * Sec.
17.
16 of this Act, this Act takes effect January 1, 2018.
4 of this Act, this Act takes effect July 1, 2017.
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Action History

  1. Cosponsors added: WESTLAKE

  2. Cosponsors added: KOPP

  3. Referred to Finance

  4. Referred to Finance

  5. Read the first time - REFERRALS

  6. SPONSOR SUBSTITUTE INTRODUCED

  7. Read the first time

  8. Prefile released

Sponsors

  • MILLETT · Primary
  • Drummond · Cosponsor
  • Gara · Cosponsor
  • Scott Kawasaki · Cosponsor
  • Kito · Cosponsor
  • Chuck Kopp · Cosponsor
  • Westlake · Cosponsor

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 58 not signed on

Sponsors (1)

  • MILLETT

Co-sponsors (6)

Not signed on (58)

58 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare health-insurance
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Frequently asked questions

Who sponsors HB 5?
HB 5 is sponsored by MILLETT, Drummond, Gara, Scott Kawasaki (D), Kito, Chuck Kopp (R), and Westlake.
What is the current status of HB 5?
This bill died with 30th Legislature (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5?
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