2021 Alaska Statutes
Title 26. Military Affairs, Veterans, Disasters, and Aerospace
Chapter 05. Code of Military Justice
Article 1. Alaska Militia.
Sec. 26.05.260. Pay and allowances.
(a) The adjutant general is charged with all disbursements of pay and allowances for service of the troops.
(b) When active state service is authorized by the governor or by the adjutant general as the governor's designee, members of the organized militia are entitled to receive, for each day of active service under AS 26.05.070, pay in an amount equal to the pay received by a member of the regular armed forces of the United States in the same grade and rank as the member of the organized militia.
(c) [Repealed, § 8 ch 56 SLA 1981.]
(d) A member of the organized militia who, while performing duties under AS 26.05.070 or training under AS 26.05.100, including transit to and from the member's home of record, suffers an injury or disability in the line of duty is entitled to all compensation and benefits available under AS 23.30 (Alaska Workers' Compensation Act). For a member of the Alaska State Defense Force, compensation and benefits under this subsection are provided as though the member were a state employee. A member of the organized militia who has not been ordered into active state service by the governor under AS 26.05.070 or ordered into training under AS 26.05.100 is not entitled to compensation and benefits under AS 23.30 (Alaska Workers' Compensation Act).
(e) If a member of the organized militia dies as a result of an injury or disability suffered in the line of duty while performing duties under AS 26.05.070 or training under AS 26.05.100, including transit to and from the member's home of record, death benefits shall be paid to the persons in the amounts specified in AS 23.30.215. For a member of the Alaska State Defense Force, the death benefits under this subsection are provided as though the member were a state employee. A person is not entitled to death benefits as specified in AS 23.30.215 for a member of the organized militia who dies as a result of an injury or disability suffered in the line of duty but who had not been ordered into active state service by the governor under AS 26.05.070 or ordered into training under AS 26.05.100.
(f) [Repealed, § 8 ch 56 SLA 1981.]
(g) [Repealed, § 8 ch 56 SLA 1981.]
(h) For purposes of computation of benefits under AS 23.30, the earnings of a member of the
(1) Alaska National Guard or Alaska Naval Militia are presumed to be no less than 200 percent of the minimum daily basic pay authorized for a member of the regular armed forces of the United States in the same grade or rank as the Alaska National Guard or Alaska Naval Militia member at the time of the injury or death;
(2) Alaska State Defense Force are presumed to be equal to the pay and allowances authorized by (j) of this section for the duties being performed by the member while on active state service at the time of the injury or death; if the member of the Alaska State Defense Force did not receive pay or allowances authorized under (j) of this section, the earnings of the member are presumed to be no less than 200 percent of the minimum daily basic pay authorized for a member of the regular armed forces of the United States in the same grade or rank as the Alaska State Defense Force member at the time of the injury or death.
(i) When active state service is authorized by the governor or by the adjutant general as the governor's designee, members of the organized militia are entitled to receive, for each day of active service under AS 26.05.070, allowances to the same extent, in the same manner, and under the same conditions as provided for state officials and employees under AS 39.20.110 - 39.20.170. However, pay or allowances are not authorized for training or community service activities of members of the Alaska State Defense Force.
(j) Members of the Alaska State Defense Force are not state employees. However, compensation and benefits under AS 23.30 provided for in (d), (e), and (h) of this section for members of the Alaska State Defense Force are provided as though the member were a state employee. Nothing in this section entitles a member of the Alaska State Defense Force to retirement benefits.
(k) An order into active state service under AS 26.05.070 constitutes an administrative order under AS 39.20.345.
(l) When active state service is authorized by the governor for the purpose of training or full-time duty with the office of the adjutant general, members of the Alaska National Guard and Alaska Naval Militia are entitled to receive, for each day of active state service, the same benefits provided for state employees under AS 39 so long as the member would otherwise qualify for those benefits if the member were a state employee.
(m) In this section,
(1) [Repealed, § 5 ch 84 SLA 2018.]
(2) “wildland fire” includes the uncontrolled burning of grass, brush, timber, and other natural vegetative material.
