OFFICER/FIREFIGHTER: DISABILITY/WORK COMP

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CS FOR HOUSE BILL NO. 210(FIN) am

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY THE HOUSE FINANCE COMMITTEE

Amended: 5/6/26
Offered: 4/30/26

Sponsor(s): REPRESENTATIVES KOPP, Galvin, Bynum, Fields, Josephson, Eischeid, Schrage, McCabe,
Tomaszewski, Story

SENATORS Giessel, Gray-Jackson
A BILL

FOR AN ACT ENTITLED

"An Act relating to workers' compensation coverage for disability from diseases for 1
certain firefighters; relating to occupational disability benefits and medical benefits 2
available under the public employees' retirement system; and providing for an effective 3
date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 23.30.121(b) is amended to read: 6
(b) For a firefighter covered under AS 23.30.243, 7
(1) there is a presumption that a claim for compensation for disability 8
as a result of the following diseases is within the provisions of this chapter: 9
(A) respiratory disease; 10
(B) cardiovascular events that are experienced within 72 hours 11
after exposure to smoke, fumes, or toxic substances; and 12
(C) the following cancers: 13
(i) primary brain cancer; 14
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(ii) malignant melanoma; 1
(iii) leukemia; 2
(iv) non-Hodgkin's lymphoma; 3
(v) bladder cancer; 4
(vi) ureter cancer; 5
(vii) kidney cancer; 6
(viii) prostate cancer; and 7
(ix) breast cancer; 8
(2) notwithstanding AS 23.30.100(a), following termination of service, 9
the presumption established in (1) of this subsection extends to the firefighter for a 10
period of six [THREE] calendar months for each year of requisite service but may not 11
extend more than 120 [60] calendar months following the last date of employment; 12
(3) the presumption established in (1) of this subsection applies only to 13
an active or former firefighter who has a disease described in (1) of this subsection 14
that develops or manifests itself after the firefighter has served in the state for at least 15
six [SEVEN] years and who 16
(A) underwent [WAS GIVEN] a qualifying medical 17
examination 18
(i) upon the first employment as [BECOMING] a 19
firefighter that did not show evidence of the disease; 20
(ii) at least once every two years [(B) WAS GIVEN 21
AN ANNUAL MEDICAL EXAM] during [EACH OF] the first six 22
[SEVEN] years of employment as a firefighter that did not show 23
evidence of the disease; and 24
(B) [(C)] with regard to diseases described in (1)(C) of this 25
subsection, demonstrates that, while in the course of employment as a 26
firefighter, the firefighter was exposed to a known carcinogen, as defined by 27
the International Agency for Research on Cancer or the National Toxicology 28
Program, and the carcinogen is associated with a disabling cancer. 29
* Sec 2. AS 39.35.410(d) is amended to read: 30
(d) The monthly amount of an occupational disability benefit is 75 [40] 31
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percent of the disabled employee's gross monthly compensation at the time of 1
termination due to disability. 2
* Sec. 3. AS 39.35.870 is amended by adding a new subsection to read: 3
(h) Notwithstanding (a) and (g) of this section, a disabled employee who is 4
eligible to obtain a disability benefit under AS 39.35.890 is eligible to obtain retiree 5
major medical insurance benefits under AS 39.35.880. 6
* Sec. 4. AS 39.35.880(g) is amended to read: 7
(g) Except as provided under (l) of this section, the [THE] cost of 8
premiums for retiree major medical insurance coverage for an eligible member or 9
surviving spouse who is 10
(1) not eligible for Medicare is an amount equal to the full monthly 11
group premiums for retiree major medical insurance coverage; 12
(2) eligible for Medicare is the following percentage of the premium 13
amounts established for retirees who are eligible for Medicare: 14
(A) 30 percent if the member had 10 or more, but less than 15, 15
years of service; 16
(B) 25 percent if the member had 15 or more, but less than 20, 17
years of service; 18
(C) 20 percent if the member had 20 or more, but less than 25, 19
years of service; 20
(D) 15 percent if the member had 25 or more, but less than 30, 21
years of service; 22
(E) 10 percent if the member had 30 or more years of service. 23
* Sec. 5. AS 39.35.880 is amended by adding a new subsection to read: 24
(l) An eligible member or surviving spouse who receives a disability benefit as 25
provided under AS 39.35.890 or 39.35.891 and is not eligible for Medicare is not 26
required to pay a premium for retiree major medical insurance coverage. 27
* Sec. 6. AS 39.35.890(d) is amended to read: 28
(d) The monthly amount of an occupational disability benefit is 75 [40] 29
percent of the disabled employee's gross monthly compensation at the time of 30
termination due to disability. Notwithstanding AS 39.35.790(b), at the time a member 31
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is appointed to disability, the member becomes fully vested in the employer 1
contributions made under AS 39.35.750(a). A disabled member is fully vested in the 2
contributions to the member's individual account made under this subsection. An 3
employee is not entitled to elect distributions from the employee's individual 4
contribution account under AS 39.35.810 while the employee is receiving disability 5
benefits under this section. While an employee is receiving disability benefits, based 6
on the disabled employee's gross monthly compensation at the time of termination due 7
to disability, the employer shall make contributions 8
(1) to the employee's individual account under AS 39.35.730 on behalf 9
of the employee, without deduction from the employee's disability payments; and 10
(2) on behalf of the employee under AS 39.35.750. 11
* Sec. 7. This Act takes effect immediately under AS 01.10.070(c). 12