SB8 By Senators Whatley and Chesteen RFD Finance and Taxation General Fund Rd 1 04-FEB-20

SYNOPSIS: Under current law, certain education and survivor benefits are unavailable to Alabama national guardsmen who perform duties under state active duty status for periods.

This bill would expand survivor and education benefits to Alabama national guardsmen who are on state active duty for a period less than the existing 30-day minimum, so that guardsmen assisting with natural disasters or other emergencies may be eligible for state and federal benefits.

This bill would also raise the compensation for surviving dependents of Alabama national guardsmen from $10,000 to $100,000.

A BILL TO BE ENTITLED AN ACT

Relating to Alabama national guardsmen's benefits; to amend Sections 31-3-2, 31-6-4, 31-12-1, and 31-12-2, Code of Alabama 1975, to provide for increased survivor and education benefits for guardsmen on state active duty; and to make those benefits available to surviving dependents of guardsmen who are killed or die while on active duty.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 31-3-2 of the Code of Alabama 1975, is amended to read as follows:

§31-3-2.

"In the event an Alabama national guardsman is killed, either accidentally or deliberately, while engaged in the performance of his duties in quelling a riot, rout, or civil disturbance on state active duty status as defined by Section 31-12-1, his or her dependents shall be entitled to compensation in the amount of $10,000 one hundred thousand dollars ($100,000) to be paid from the State Treasury, as provided in this chapter, unless such death was caused by the wilful misconduct of the guardsman or was due to his or her own intoxication or his or her wilful failure or refusal to use safety appliances provided by his or her commanding officer or other person in charge, or his or her wilful refusal or neglect to perform a statutory duty or any other wilful violation of a law, or his or her wilful breach of a reasonable rule or regulation governing the performance of his or her duties as such guardsman, of which rule or regulation he or she had knowledge. Any Alabama national guardsman whose death results proximately and within three years from an injury received while performing his duties in quelling any riot, rout, or civil disturbance on state active duty status shall, for the purposes of this chapter, be deemed to have been killed while in the performance of such duties on state active duty status; provided, however, that the compensation provided for by this chapter shall be limited to state duty and shall not be extended to cover any federal duty status."Section 2. Section 31-6-4 of the Code of Alabama 1975, is amended to read as follows:

§31-6-4.

"(a) Any child whose father or mother:

"(1) Was killed or died in line of duty or is listed as missing in action or is/was a prisoner of war or whose death or permanent total disabilities were service-connected while serving as a member of the armed forces; or

"(2) Died from a disability incurred from military service, as established by the State Department of Veterans' Affairs, after having been discharged under conditions other than dishonorable and after having served at least 90 days consecutively in the armed forces prior to and/or subsequent to the date on which such disability occurred, or who was honorably discharged by reason of wartime, service-connected disability after serving less than 90 days; or

"(3) Was killed or died while on state active duty status as defined within Section 31-12-1, or whose death results proximately and within three years from an injury received while on state active duty status; or

"(3)(4) Has been assigned 100 percent permanent or total disability rated by the United States Veterans' Administration, or was discharged or retired from the armed forces with a 40 percent or more disability and maintained that percentage (such person to be deemed to be a disabled veteran); may attend any Alabama state institution of higher learning, college, or university for a period of five standard academic years, not to exceed 45 months or the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c) for such college or university attendance, or any such child may take a prescribed course in any Alabama state-supported community or technical college for the length of any prescribed course of study of his or her choosing, and if such course does not require the full 45 months, then training for the remainder of such 45 months' entitlement may be taken at a state-supported college or university only, pursuant to the tuition reimbursement guidelines as provided in subsection (c),. Training under this section must be initiated prior to the child's thirtieth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this chapter beyond the thirty-eighth birthday of such child.

"(b) Except as provided in Section 31-6-11(e), the educational benefits provided by this section to children making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the Alabama state institution of higher learning, college, or university attended.

"(c) For those first filing for benefits under this chapter on or after July 31, 2017, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to the rate of the Department of Defense Tuition Assistance Cap. The value of the books and fees paid per semester shall be limited to $1,000 per student.

"(d) For the purpose of the minimum disability requirement provided for in subsection (a)(3)(4), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter provided that the dependent shall file application for such benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend an Alabama institution of higher learning, college or university in the next academic year."Section 3. Sections 31-12-1 and 31-12-2 of the Code of Alabama 1975, are amended to read as follows:

§31-12-1.

"As used in this chapter, the following terms shall have the following meanings:

"(1) BE CALLED OR ORDERED BY THE GOVERNOR. To be called or ordered into active military service under 32 U.S.C. §502(f) or this title.

"(2) EMPLOYEE. Except as provided in Sections 31-12-5, 31-12-6, 31-12-7, and 31-12-8, any person employed by a public or private employer.

"(3) FEDERALLY FUNDED DUTY OTHER THAN TRAINING. Any duty performed in an operational role for homeland security in accordance with Title 32 U.S.C. §502(f). This is federally funded duty in addition to or in lieu of the 15 days and one weekend a month federally required training and other training duty.

"(4) RESERVE COMPONENT OF THE ARMED FORCES. The United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, and Alabama National Guard.

"(5) SOLDIERS' AND SAILORS' RELIEF ACT (SSCRA). The provisions of 50 App. U.S.C. §501 et seq., which protects active military service members from adverse legal action when military service hampers the service member's ability to meet financial obligations. SSCRA lowers the interest rate to six percent during the term of active duty and prohibits foreclosures and evictions.

"(6) STATE ACTIVE DUTY. Any state funded duty performed for 30 consecutive days or more, other than for training, by an active member of the Alabama National Guard in accordance with this title.

"(7) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994. The provisions of 38 U.S.C. §4301 et seq., which give employees who leave a civilian job to perform military service the right to return to the civilian job held before entering military service with rights to purchase insurance coverage, purchase retirement credit, and seniority.

§31-12-2.

"(a) Whenever any active member of the Alabama National Guard, or a member of the national guard of another state who is employed in this state, in time of war, armed conflict, or emergency proclaimed by the Governor or by the President of the United States, shall be called or ordered to state active duty or federally funded duty for other than training, the provisions of the federal Servicemembers Civil Relief Act (SCRA) and the federal Uniformed Services Employment and Reemployment Rights Act shall apply, notwithstanding that the duties are performed while on state active duty status. If a period of active service is required for purposes of these federal laws, that same period of state active duty service shall be required for these provisions to apply.

"(b) Those active members as defined in subsection (a) called or ordered to active duty for a period of 30 consecutive days or more shall be eligible for military differential pay pursuant to Section 31-12-5 and restoration of annual or sick leave pursuant to Section 31-12-8."

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Military

National Guard

Compensation

Employee Benefits

Dependents

Code Amended