I, Bill Walker, Governor of the State of Alaska, under the authority of Article III, Constitution of the State of Alaska, and AS 39.20.345, find and direct the following:
The purpose of this Order is to ensure that the Adjutant General and the Assistant Adjutants General of the Alaska National Guard are not adversely affected by being in leave-without-pay status under the State personnel system because of the time they are required to spend in federal pay status as part of their military duties.
The Adjutant General and the Assistant Adjutants General of the State must, by statute, be federally recognized officers in the Alaska National Guard (AS 26.05.160, 26.05.180, and 26.05.185). By virtue of their dual federal and State obligations, the Adjutant General and Assistant Adjutants General must spend frequent days in federal pay status as they tend to necessary matters of command and representation of their organizations in an official military capacity. These periods of federal pay status are an inherent and unavoidable part of the successful execution of their State duties, but can result in leave-without-pay status under the State system while in active duty status.
Common duties of federal pay status service include attending Department of Defense and Department of Homeland Security commanders’ conferences; engaging in military training and professional education specific to general officers and strategic leaders; travel for military exercises; health and welfare visits to deployed troops; service in support of the President of the United States, the Secretary of Defense, the Chiefs of Staff of the Army and Air Force, and other federal officials; and participation in national-level selection and promotion boards. For these activities, the associated travel costs and salary are paid by the federal government, but the Adjutant General and Assistant Adjutants General are adversely affected by the loss of State benefits.
Alaska Statute 39.20.245 specifically authorizes the Governor, by issuance of an administrative order, to allow members of the Alaska National Guard to continue to receive some or all of their State benefits when called to active duty by the appropriate federal authority.
To further the objectives and purposes set out above, under the authority of Article III, Section 1, Constitution of the State of Alaska, and AS 39.20.345, I order that
- While in leave-without-pay status because of being in federal pay military status, the Adjutant General and the Assistant Adjutants General shall continue to receive employer-provided group health insurance coverage and shall not be required to pay an additional premium.
- While in leave-without-pay status because of being in federal pay military status, the Adjutant General and the Assistant Adjutants General shall continue to accrue personal leave.
- The leave, merit, and pay anniversary dates of the Adjutant General and the Assistant Adjutants General shall not be advanced because of accumulated time in leave-without-pay status for being in federal military pay status.
- The Adjutant General and Assistant Adjutants General shall maintain eligibility for holiday pay, even if on leave-without-pay status, the day before or after the holiday.
The Department of Administration shall adopt emergency regulations as necessary to implement this Order.
This Order takes effect immediately.
DATED at Anchorage, Alaska, this 29th day of August, 2016