2022 Alaska Statutes
Title 39. Public Officers and Employees
Chapter 25. State Personnel Act
Article 3. Personnel Rules.
Sec. 39.25.159. Employment preference for military, veterans, and their spouses and children.

(a) A person who possesses the necessary qualifications for a position or job classification applied for under this chapter is entitled to an employment preference as follows:

(1) in an assessment using numerical ratings,

(A) points equal to five percent of the points available from the assessment device or devices shall be added to the passing score if the person is in active service, on furlough from active service, or discharged under honorable conditions from service in the armed forces of the United States, a reserve unit of the armed forces of the United States, the Alaska Territorial Guard, the Alaska Army National Guard, the Alaska Air National Guard, or the Alaska Naval Militia; or

(B) points equal to 10 percent of the points available from the assessment device or devices shall be added to the passing score if the person is

(i) a disabled veteran;

(ii) a former prisoner of war;

(2) in an assessment not using numerical ratings,

(A) consideration shall be afforded to

(i) a person under (1)(A) of this subsection;

(ii) the spouse of a person under (1)(A) of this subsection;

(iii) a dependent child or, unless the surviving spouse has remarried, the surviving spouse of a person under (1)(B) of this subsection who died within the 10-year period immediately preceding the date of the assessment;

(B) an opportunity to interview for the position shall be afforded to a disabled veteran or a former prisoner of war.

(b) [Repealed, § 2 ch 56 SLA 1993.]

(c) [Repealed, § 8 ch 54 SLA 2022.]

(1) in an assessment using numerical ratings, points equal to five percent of the points available from the assessment device or devices shall be added to the passing score of a member of the national guard;

(2) in an assessment not using numerical ratings, consideration shall be afforded to a member of the national guard.

(d) A person may receive an employment preference under only one of the categories described in (a) of this section. A person may use the preference without limitation when being considered for a position for which persons who are not currently state employees are being considered. If the recruitment for a position is limited to state employees, preference under (a) of this section may not be counted. If a position in the classified service is eliminated, employees shall be released in accordance with rules adopted under AS 39.25.150(13). In the case of a comparison of employees with equal qualifications based on the factors adopted under AS 39.25.150(13), an employee who is eligible for an employment preference under (a) of this section shall be given preference over an employee who is not eligible for a preference under (a) of this section and shall be kept on the job.

(e) Subsections (a) and (d) of this section may not be interpreted to amend the terms of a collective bargaining agreement.

(f) In this section,

(1) “consideration” means reviewing a person's entire application in order to determine whether the person should be selected, rejected, or admitted to further steps in the assessment or selection process;

(2) “dependent child” means a natural child, stepchild, or adopted child who is

(A) permanently disabled; or

(B) under

(i) 19 years of age; or

(ii) 23 years of age and registered at and attending on a full-time basis an accredited educational or technical institution recognized by the Department of Education and Early Development;

(3) “disabled veteran” means a veteran who is entitled to compensation under laws administered by the United States Department of Veterans Affairs, a person who was honorably discharged or released from active duty because of a service-connected disability, or a person who was disabled in the line of duty while serving in the Alaska Territorial Guard;

(4) “member of the national guard” means a person who

(A) is presently serving as a member in good standing in the national guard; or

(B) was released from service in the national guard under honorable conditions;

(5) “prisoner of war” means a person who has been a prisoner of war during a declared war or other conflict as determined by the Department of Defense under federal regulations;

(6) “veteran” means a person

(A) with 181 days or more active service in the armed forces of the United States who has been honorably discharged after having served during any period

(i) between April 6, 1917, and December 1, 1919, between September 16, 1940, and December 31, 1947, between June 27, 1950, and October 14, 1976, between August 2, 1990, and January 2, 1992, beginning September 11, 2001, and ending on the day prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom, or during any time period listed in 5 U.S.C. 2108(1); or

(ii) in which the person was awarded a campaign badge, expedition medal, the Purple Heart, or an award or decoration for heroism or gallantry in action;

(B) who served 181 days or more in the Alaska Territorial Guard.