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Sen. Wielechowski plans bill aimed at service member PFDs

Posted: January 3, 2013 - 1:09am

An Anchorage senator said Wednesday he plans to introduce legislation allowing active-duty military members who have maintained residency while living outside Alaska for more than 10 years to remain eligible for Permanent Fund dividends.

The proposal will show the state appreciates the service of the military members, said state Sen. Bill Wielechowski, a Democrat whose district includes Joint Base Elmendorf-Richardson.

The money is paid to nearly all Alaskans annually as their share of the state’s oil wealth. Starting with the 2009 dividend, people who had claimed allowable absences for the 10 preceding years and who continued to be absent for more than 180 days in a year were not eligible for dividends.

The law does not apply to members of Congress, their staff members or their families.

Marine Brian Ross has sued the state, arguing among other things that the 10-year rule violated equal protection clauses of the Alaska and U.S. constitutions because it was applied to members of the military but not to members of Congress. Ross also argued that the rule added new consequences to a decision he had made before it was created.

In September, the Alaska Supreme Court upheld a lower court ruling that Ross is ineligible for the dividend, even though he has maintained residency.

Wielechowski’s bill would create an exclusion for active-duty service members, though he said they still would have to meet other eligibility requirements.

To establish residency and receive the dividend, they must meet several requirements that include maintaining Alaska residency at all times during the qualifying year, and intending to remain an Alaska resident indefinitely. They also must take at least one step beyond being physically present, such as buying a home or getting an Alaska driver’s license.

The bill is similar to legislation proposed in 2011 by Wielechowski and Republican Rep. Eric Feige of Chickaloon. Feige’s bill advanced and passed the state House last year but never made it to a Senate vote. It got caught up in the last-minute shuffle in the waning hours of the regular session.

Ross’ father, attorney Wayne Anthony Ross, said the issue needs to be addressed. He said his son is stationed in Okinawa and intends to return to Alaska to live after his service ends. Ross said his son sees the current situation as a “slap in the face by his home state for choosing to serve his country.”

Wielechowski estimates a small number of service members — perhaps 17 or 20 — would benefit from the proposed military exclusion. But he said it would show them that “your service is just as valued as the service of our congressional delegation.”

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Latitude58
14495
Points
Latitude58 01/03/13 - 08:08 am
9
4

Compromise

Some military members established residency here and have every intention to return when their military careers are over. But others establish residency during a tour in Alaska, and choose to remain 'residents' in order to collect the dividend, with no intention of moving to Alaska once they wrap up their service.

We want them to return. They bring with them their military retirement checks which get injected into our economy. They get free healthcare, so they're not a burden in that way. They have lots of skills and training that they gained at taxpayer expense. They're generally not that old, so can still be productive members in the community. And they're generally good people, good citizens - the military weeds out the bad apples (sorry for the mixed metaphor).

So here's one way to do it. When a military member (and family) leaves the state, they still get their PFDs, but that money is deposited into an escrow account on their behalf. In order to get that money, they need to come back to the state and establish a full year of residency living here. Then they get the whole lump. If they fail to establish residency within 3 years of ending their military careers, the money goes back into the fund.

If a family of four were gone for 15 years, there could be a bounty approaching $100,000 waiting for them. That might be a pretty enticing lure.

snagger
8296
Points
snagger 01/03/13 - 08:21 am
6
0

Compromise

Lat--Sounds like a great plan but would the one year residency only be six months like the absence my retired friends take in Arizona. Equal protection for retirees. I think everyone needs to spend one winter month in state to get their PFD!!!

islander
1193
Points
islander 01/03/13 - 09:55 am
6
0

lots of issues

I believe the legislation applies only to the military and not their family members. That does not appear to be mentioned in the above story.

The main issue is how does one truly prove the person has maintained their residency in Alaska and fully intends to return to Alaska. How does one show that while they were on duty in another state they did not receive benefits of provided by that state based on residency. States provide lots of things to military families such as resident tuition for college.

When you toss out ideas like a family could have accumulated $ 100,000 in PFDs they can collect after returning to the State for one year you have to ask who would not return long enough to collect that amount. But will they remain or will they depart once the check is in their hands.

The issue has become one aligned more with the views that those who do not agree with allowing the military to continue receiving their PFD are somehow anti-military. I don't believe that is the case.

swimmergirl
4368
Points
swimmergirl 01/03/13 - 10:41 am
5
3

live here or don't.

Collect or don't. Students I get, others, including congressional staff - I don't really. I would like to know what constitutes "maintaining residency" once a military person has moved away. A buddies address? P.O. Box? Just hanging on to your license?

If someone buys a house, I might think they intend to return. Otherwise, I'm tired of the PFD being watered down so everyone who ever set foot in the state can collect. And I don't think that disrespects the military, it just means they live by the same rules, with respect to the PFD, that I do.

AKNUT
373
Points
AKNUT 01/03/13 - 02:06 pm
5
0

Did he...

Did he apply for a tour in Alaska or did he keep applying for posts outside of Alaska? If he kept applying for posts out of Alaska why would we continue to pay him a PFD. After 10 years of service you would think that he would have some ability to control where he goes.

The PFD plan is an eligibility plan and not an entitlement plan as suggested above.

alaskabobc
3923
Points
alaskabobc 01/03/13 - 05:53 pm
3
1

I'm getting Dam tired of this!

"The law does not apply to members of Congress, their staff members or their families."

AH HA
1640
Points
AH HA 01/03/13 - 06:39 pm
5
0

@AKNUT

I dont know if things have changed but when I was a member, you really did not get to 'apply'... you got a "Dream Sheet" where you listed the three places (regions )you would like most as your next assignment. It was a pure crap shoot. I heard of people getting lucky and acually getting something on the list, but not often.

AH HA
1640
Points
AH HA 01/03/13 - 06:42 pm
3
1

On the other hand

I can see allowing PFD's During a first enlistment but not for following enlistments.

In fact I am reluctant to allow active members to get one even if stationed in alaska...since generally those folks are "just passing through" and never have any intention of staying any longer than they are required to by the service.

kpawsuh
10138
Points
kpawsuh 01/03/13 - 07:28 pm
0
0

I'm starting to think they

I'm starting to think they should just give every Alaskan a plane ticket to Hawaii, Mexico or the Caribbean in jan/feb instead of a check...

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