Alaska Administrative Code

It is the responsibility of a member of the Teachers' Retirement System to make application for retirement under the defined benefits plan or for account distribution under the defined contribution plan in writing on a form prescribed by the administrator. The effective date of a…

(a) The administrator shall determine eligibility for disability benefits under AS 14.25.130 or AS 14.25.485. The administrator may require the member to provide additional information and to submit to an examination by one or more physicians of the administrator's choosing at th…

(a) Pursuant to AS 14.25 .110 and for purposes of compliance with the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations, the Teachers' Retirement System Tiers 1 and 2 Defined Benefit Plan under AS 14.25.009 - 14.25.220 adopts by reference, as part of …

(a) Repealed 7/20/2006. (b) Except as provided in (c) of this section, the commissioner will give public notice, in accordance with AS 14.25.005, of the proposed adoption, amendment, or repeal of a regulation at least 30 days prior to taking action on the proposal. This 30-day re…

The commissioner of administration may hold a hearing on a request for a waiver under AS 14.25.175. The commissioner may appoint a person to hear the evidence on such a request and make a recommendation to the commissioner. Notes 2 AAC 36.035 Eff. 7/20/2006, Register 179 Authorit…

The division shall include with any final decision by the administrator, and the commissioner of administration shall include with any decision regarding a request for a waiver of an adjustment under AS 14.25.175, an outline of the procedures for filing an appeal of the decision …

(a) A person who wishes to appeal a decision of the division under AS 14.25 shall file a notice of appeal with the division within 30 days of the date that the person receives notice of the decision. If the person wishes to appeal a decision of the commissioner of administration …

Upon receipt of a timely notice of appeal, including a timely notice of appeal received from the commissioner of administration under 2 AAC 36.060(a), the division shall date-stamp the receipt and promptly send a copy of that notice to the office of administrative hearings. If th…

A notice of appeal must include the following information: (1) the action by the division that the appellant is appealing and the relief the appellant seeks; (2) the grounds for the appeal; (3) whether the appellant requests an informal conference with the division during the pen…

If an appellant requests an informal conference with the division under 2 AAC 36.080(3), the division will convene an informal conference in the office of the division, or at another location or by another means, such as by telephone, that is convenient for the appellant and the …

(a) When a person is required to make a filing with the division under AS 14.25 or this chapter, including a notice of appeal, the person may make that filing by hand-delivering or mailing the filing to any office of the division. When a person is required to make a filing with t…

(a) When a person is required to make a filing with the division, including a notice of appeal, or with the commissioner of administration within a certain time period under AS 14.25 or this chapter, the effective date of that filing is the day it is received by the division or t…

(a) For purposes of compliance with the Internal Revenue Code 401(a)(7), the normal retirement benefit calculated under AS 14.25.470 is nonforfeitable upon attainment of normal retirement age. (b) Notwithstanding (a) of this section, a normal retirement benefit is subject to the …

For purposes of compliance with the Internal Revenue Code, the defined contribution plan (AS 14.25.310-14.25.590) will be treated as an Internal Revenue Code sec. 414(k) (26 U.S.C. 414(k)) plan in which savings are accumulated in an individual retirement account for the exclusive…

(a) For purposes of compliance with the Internal Revenue Code 401(a)(7), the normal retirement benefit calculated under AS 14.25.110 is nonforfeitable upon attainment of normal retirement age. (b) Notwithstanding (a) of this section, a normal retirement benefit is subject to the …

(a) A nonvested member of the defined benefit plan (AS 14.25.009-14.25.220) who wishes to participate in the defined contribution plan (AS 14.25.310-14.25.590) under AS 14.25.540 must make that election within 12 months of the effective date of the member's employer's election to…

(a) Pursuant to AS 14.25.320 and for purposes of compliance with the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations, the Teachers' Retirement System Tier 3 Defined Contribution Plan under AS 14.25.310 - AS 14.25.590 hereby adopts by reference, as p…

All of the fixed benefits in the defined contribution plan (AS 14.25.310-14.25.590) are subject to the limitation on benefits in sec. 415(b) of the Internal Revenue Code (26 U.S.C. sec. 415(b)), including monthly disability payments under AS 14.25.485 and monthly survivor pension…

(a) A period during which a member of the defined contribution plan (AS 14.25.310-14.25.590) is receiving an occupational disability benefit under AS 14.25.485 constitutes membership service for the purposes of determining vesting in employer contributions under AS 14.25.390(b) a…

A member of the defined contribution plan (AS 14.25.310-14.25.590) may not elect distributions from the member's individual account under AS 14.25.410 while the member is receiving or entitled to receive occupational disability benefits under AS 14.25.485. A beneficiary of a dece…

Notwithstanding AS 14.25.390(b), a member of the defined contribution plan (AS 14.25.310-14.25.590) who is appointed to occupational disability under AS 14.25.485 becomes fully vested in the employer contributions made under AS 14.25.485(d)(2) as those contributions are made. Not…

Survivor benefits under AS 14.25.485(i) and AS 14.25.487 that are being paid to a dependent child of a member of the defined contribution plan (AS 14.25.310-14.25.590) shall terminate on the last day of the month in which the dependent child ceases to be a dependent child as defi…

(a) For purposes of this chapter, at retirement, a member's termination from employment is considered valid only if there is no prearrangement between the member and the employer for continued employment in any capacity after the retirement effective date. If any prearrangement t…

Except as may be expressly authorized by AS 14.25.220(6), "remuneration" (1) means only the salary paid under contract to an employee for standard services rendered; (2) does not include bonuses paid for retirement incentives, or additional pay outside the standard salary contrac…

A designation of beneficiary, a change or revocation of a beneficiary, or a consent to a revocation of a beneficiary must be made on a form provided by the administrator and filed with the plan administrator or the administrator's designee. The administrator's designee is the ent…

(a) After a member covered under AS 14.25.310-14.25.590 is divorced or the member's marriage is dissolved, the member's former spouse has no individual rights or entitlements to benefits from the system, but may, under a qualified domestic relations order, establish a separate in…

(a) For purposes of the definition of "teacher" and "member" in AS 14.25.220 and 14.25.590, a person is considered certificated and may remain in the teachers' retirement system if the person provides the administrator with evidence acceptable to the administrator that the person…

In addition to distribution options under AS 14.25.420(a), a participant may elect to receive the participant's share of the individual account in a periodic payment paid monthly, quarterly, semi-annually, or annually, which allows the participant to receive benefit payments out …

A member who has been credited with service under AS 14.25.107 may, at the administrator's discretion, be required to provide the administrator with proof of the benefit amount the member is receiving from the United States government for that same period of service, or proof tha…

(a) The Alaska cost-of-living allowance established under AS 14.25.142 accrues from the first day of the month after written application from the member, in a form prescribed by the administrator, is either hand-delivered to the division of retirement and benefits, or is mailed t…

(a) For the purposes of the version of AS 14.25.143 in effect before July 1, 1990, the change in the cost of living shall be determined by using the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers issued for Anchorage, Alaska. The most recent available CPI …

(a) A benefit overpayment by the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220), other than one described in AS 14.25.173(b) or waived under AS 14.25.175, must be recovered by applying a lifetime actuarial reduction to the benefit recipient's fut…

(a) For the purposes of eligibility for retirement benefits under AS 14.25.110(a) and (b), "membership service" and "credited service" mean membership and credited service, respectively, for which no indebtedness is owed at the time of retirement. (b) For the purposes of eligibil…

For purposes of AS 14.25.130(e), eligible for normal retirement means: (1) for a member first joining the system before July 1, 1990, reaches age 55 with at least 8 years of credited service for which no indebtedness is due or accrues sufficient paid-up credited service, includin…

A member of the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220) with combined part-time and full-time membership service may retire at any age only if the member worked a full school year for each of 20 school years in a qualifying part-time or fu…

(a) This section applies to a member's obligations under AS 14.25.055 (supplemental contributions) and entitlements under AS 14.25.162 (survivor's allowance) and AS 14.25.164 (spouse's pension). (b) A member who elects to make a supplemental contribution under AS 14.25.055 shall …

The only dependent other than a spouse whom the administrator will approve as a contingent beneficiary for a joint and survivor benefit under AS 14.25.167 is a disabled child of the employee who is principally dependent upon the employee for support and who is totally and presuma…

For purposes of AS 14.25.166(a) and in accordance with AS 13.12.804(a)(1)(A), a divorce, a dissolution of marriage, or an annulment of a marriage revokes a revocable disposition or appointment of property. If a member designates a spouse as a beneficiary and is subsequently divor…

(a) After a member covered under AS 14.25.009-14.25.220 is divorced or the member's marriage is dissolved, the member's former spouse has no individual rights or entitlements to benefits from the system, but may, under a qualified domestic relations order, share in the stream of …

For the purpose of calculating the actuarial cost of a public service benefit under AS 39.35.375, interest earned on contributions and indebtedness payments means the total investment returns on those contributions and payments. Notes 2 AAC 36.260 Eff. 1/7/2001, Register 159; rea…

(a) The basis of the assumptions for the reduced benefit actuarial adjustment factors from July 1, 1973 through June 30, 1975 are(1) for an indebtedness amount owed, a factor set using separate male and female rates from the 1971 Group Annuity Mortality Table, table GA71M for mal…

(a) Credited service under AS 14.25.105 or AS 14.25.100 is granted on the basis of one calendar day of service credit for each day of permanent employment rendered to the Territory of Alaska or each day of active membership in the armed forces of the United States. For the purpos…

Part-time service credit is calculated by multiplying the number of contract days worked in the school year, not to exceed 172 days, by the percent representing the ratio of part-time service to full-time service. The result is the proportionate number of days worked for the scho…

A claim for credited service served before retirement but which is not filed until after appointment to retirement benefits is effective as of the first of the month following the date the claim is received. The system is not liable for any benefits based upon the newly claimed s…

A member may accrue service credit for periods of leave without pay (LWOP), provided an indebtedness has been established for this service. Periods of LWOP may not be used to satisfy the credited service requirements for normal or early retirement. Periods of LWOP may not be used…

(a) A member may apply to the administrator to have unused sick leave credited toward the member's retirement. The application must be in a form approved by the administrator. The application must present the member's full and entire claim for accrued unused sick leave credit as …

Notes 2 AAC 36.310 Eff. 8/7/92, Register 126; deleted as of Register 175, October 2005