I, Mike Dunleavy, Governor of the State of Alaska, under the authority of Article III, Sections 1 and 24 of the Constitution of the State of Alaska, and in accordance with AS 39.20.345, hereby revoke Administrative Order 282, related to compensation and benefits for State employees called to military duty, and issue this Administrative Order 354 finding and directing the following:
PURPOSE
The purpose of this Order is to authorize State compensation and benefits for the Adjutant General and the Assistant Adjutants General of the Alaska National Guard who are called to duty and are required to be in federal military status as part of their official duties.
BACKGROUND
The Adjutant General and the Assistant Adjutants General of the State must, by statute, be federally recognized general-grade 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 military status as they tend to necessary matters of command and representation of their organizations in an official military capacity. These periods of federal military status are an inherent and unavoidable part of the successful execution of their State duties.
In addition to federally required annual training, the Adjutant General and Assistant Adjutants General are required to complete federal duties as general-grade officers. Common responsibilities 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 compensation and benefits.
Alaska Statute 39.20.345 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 compensation and benefits when called to duty by the appropriate State or federal authority.
ORDER
To further the objectives and purposes set out above, I order that:
1. The Adjutant General and Assistant Adjutants General of the State are entitled to 80 days of equivalent State compensation and benefits for military leave.
2. If the amount of time the Adjutant General and the Assistant Adjutants General spend on military leave exceeds 80 days, the Adjutant General and the Assistant Adjutants General shall continue to receive employer-provided group health insurance coverage, with no requirement to pay an additional premium, and shall continue to accrue personal leave.
3. 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 military leave or leave-without-pay status due to being in federal military pay status.
4. The Adjutant General and Assistant Adjutants General shall maintain eligibility for holiday pay, even if on military leave or leave-without-pay status due to being in federal military pay status, the day before or after the holiday.
Pursuant to AS 39.20.345(b), the Department of Administration may adopt emergency regulations as necessary to implement this Order. Emergency regulations adopted under this order:
(1) are not subject to AS 44.62; and
(2) take effect immediately unless the Department of Administration specifies another date.
EFFECTIVE DATE AND DURATION
This Order takes effect immediately and remains in effect until revoked.
DATED this 12th day of April 2024.
