Alaska Administrative Code

Notes 2 AAC 35.170 In effect before 10/21/83, Register 93; am 9/27/96, Register 150; repealed 7/20/2006, Register 179 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly r…

Notes 2 AAC 35.180 In effect before 10/21/83, Register 93; am 08/25/90, Register 122; repealed 7/20/2006, Register 179 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly …

Notes 2 AAC 35.190 Eff. 9/29/2000, Register 159; repealed 7/20/2006, Register 179 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

With respect to State of Alaska employees stationed in foreign countries, compensation for retirement purposes will be considered to be the compensation which that employee would receive if the employee were working and holding the same position in Juneau, Alaska. Notes 2 AAC 35.…

(a) An employee may elect to make voluntary contributions to the employee savings account under AS 39.35.180, or may suspend or change the amount of voluntary contribution at the beginning of a payroll period. The employee shall give the administrator 30 days' notice of the elect…

(a) For purposes of compliance with the Internal Revenue Code 401(a)(7), the normal retirement benefit calculated under AS 39.35.370 is nonforfeitable upon attainment of normal retirement age. (b) Notwithstanding (a) of this section, a normal retirement benefit is subject to the …

(a) The employer shall transmit to the administrator records concerning an employee's period of service, date of birth, compensation, entrance into service, death, withdrawal and other data necessary for the proper and effective operation of the system not later than 10 days of t…

All of the fixed benefits in the defined contribution plan (AS 39.35.700-39.35.990) are subject to the limitation on benefits in sec. 415(b) of the Internal Revenue Code (26 U.S.C. 415(b)), including monthly disability payments under AS 39.35.890, monthly survivor pension payment…

(a) A period during which a member of the defined contribution plan (AS 39.35.700-39.35.990) is receiving an occupational disability benefit under AS 39.35.890 constitutes membership service for the purposes of determining vesting in employer contributions under AS 39.35.790(b) a…

A member of the defined contribution plan (AS 39.35.700-39.35.990) may not elect distributions from the member's individual account under AS 39.35.810 while the member is receiving or entitled to receive occupational disability benefits under AS 39.35.890. A beneficiary of a dece…

Notwithstanding AS 39.35.790(b), a member of the defined contribution plan (AS 39.35.700-39.35.990) who is appointed to occupational disability under AS 39.35.890 becomes fully vested in the employer contributions made under AS 39.35.890(d)(2) as those contributions are made. Not…

Survivor benefits under AS 39.35.890(k) and AS 39.35.892 that are being paid to a dependent child of a member of the defined contribution plan (AS 39.35.700-39.35.990) shall terminate on the last day of the month in which the dependent child ceases to be a dependent child as defi…

Notes 2 AAC 35.226 Eff. 6/22/2006, Register 179; repealed 1/13/2010, Register 193 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

(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 39.35.680(9) and AS 39.35.990(7), "remuneration" (1) means only the salary paid to an employee for standard services rendered; (2) does not include bonuses paid for retirement incentives, or additional pay outside the standard salary sc…

(a) The administrator shall determine the greater of the total base salaries required for calculation of employer contributions as the base salaries paid by the employer to active employees of the system, or the base salaries paid by the employer to employees who were active memb…

(a) A non-vested defined benefit employee of an employer terminating participation under AS 39.35.620 who has elected to be fully vested is eligible for retirement benefits under AS 39.35.370 regardless of the requirement for at least five years of credited service. An employee w…

In addition to distribution options under AS 39.35.820(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 o…

(a) An employer that proposes to terminate coverage of a department, group, or other classification of employees under AS 39.35.615 or 39.35.957, or terminate participation of the employer under AS 39.35.620 or 39.35.958, must have a termination study completed by the plan actuar…

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 39.35.700-39.35.900 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) The Alaska cost-of-living allowance established under AS 39.35.480 accrues from the first day of the month after written application from the member, on a form prescribed by the administrator, is either hand delivered to the division of retirement and benefits, or is mailed t…

An employee who elects to designate a spouse or dependent as contingent beneficiary may not change that designation after the date of appointment to retirement unless the employee makes written application and receives approval in writing from the administrator. Notes 2 AAC 35.25…

The only dependent other than a spouse whom the administrator will approve as a contingent beneficiary for a joint and survivor benefit under AS 39.35.450(a) is a disabled child of the employee who is principally dependent upon the employee for support and who is totally and pres…

For purposes of AS 39.35.490(a) and in accordance with AS 13.12.804(a)(1)(A), a divorce, a dissolution of a 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 div…

To be eligible for retirement benefits under AS 39.35.370(a)(1) and (b), nonoccupational disability benefits under AS 39.35.400(a) and nonoccupational death benefits under AS 39.35.420(b), an employee must have at least five years of credited service for which no indebtedness is …

A member who has been credited with service under AS 39.35.360 may 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 that the member is not entitled to rece…

(a) A benefit overpayment other than one described in AS 39.35.520(b) or waived under AS 39.35.522 must be recovered by applying a lifetime actuarial reduction to the benefit recipient's future monthly benefits, unless the benefit recipient elects to pay the overpayment in a lump…

Benefits and credited service accrue on the basis of the employee's occupational category. If an employee has credited service both as a peace officer or fireman and as an elected official or regular employee, the portion of that employee's benefit attributable to each category o…

For the purpose of calculating the actuarial cost of a public service benefit, interest earned on contributions and indebtedness payments means total investment returns as reported by the plan's financial statements in each relevant annual financial report of the system. Notes 2 …

(a) The administrator shall determine eligibility for disability benefits under AS 39.35. The administrator may require the employee to provide additional information and to submit to an examination by one or more physicians of the administrator's choosing at the division's expen…

(a) Occupational disability benefits cease when a member recovers from an injury or illness. Proof of such recovery may include, among other things, medical evidence or proof of capability to work in a comparable position offered to the member by an employer as defined in AS 39.3…

Notes 2 AAC 35.293 Eff. 1/7/2001, Register 159; repealed 7/20/2006, Register 179 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will…

(a) It is the responsibility of the member to make application for retirement in writing on a form prescribed by the administrator. The effective date of application is the day the application is received by the division; or, if mailed, the day the application is postmarked. A me…

(a) Pursuant to AS 39.35.115, and for purposes of compliance with the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations, the Public Employees' Retirement System Tiers 1, 2, and 3 Defined Benefit Plan under AS 39.35.095-39.35.680 adopts by reference, a…

Notes 2 AAC 35.297 Eff. 11/16/90, Register 118; repealed 1/7/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will …

When computing a retirement benefit for a member who has an outstanding indebtedness balance, if the division of retirement and benefits determines that the adjusted retirement benefit using the credited service gained from establishing the indebtedness is less than the benefit w…

(a) Repealed 7/20/2006. (b) The amount of the post-retirement pension adjustment will be calculated under AS 39.35.475 for each full year in which benefits have been received, and a proportionately reduced amount calculated for each partial year depending on the number of months …

(a) The number of years and partial years a member has spent as a disability benefit recipient will be included when determining eligibility for benefit increases under AS 39.35.475 for a member previously receiving a disability benefit whose benefit has been converted to a norma…

A retirement benefit adjustment at age 65 for a member who has selected the level income option applies to post-retirement pension adjustments (PRPA) and the Alaska cost-of-living allowance (COLA). Except as provided in 2 AAC 35.320, the COLA percentage and the percentage of PRPA…

(a) Upon subsequent retirement after a period of reemployment in a PERS covered position, retirement benefits are recalculated under this section for those members who were first enrolled in PERS before July 1, 1977. The recalculation shall combine all periods of employment, and …

(a) If a member has elected either a reduced early retirement benefit or a level income option (LIO) and then returns to work in a PERS designated position, retirement benefits are suspended during the period of reemployment, and recalculated upon subsequent retirement under to t…

Notes 2 AAC 35.322 Eff. 7/2/2001, Register 167; readopt 7/20/2006, Register 179; repealed 1/13/2010, Register 193 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly relea…

(a) After a member covered under AS 39.35.095-39.35.680 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 …

(a) The basis of the assumptions for the reduced benefit actuarial adjustment factors from July 1, 1973 through June 30, 1975 are(1) for the 50 percent or 75 percent joint and survivor option, a factor set using separate male and female rates from the 1971 Group Annuity Mortality…

(a) Service credit for permanent full-time employees is granted on the basis of one calendar day of service for each day in pay status. Regularly scheduled days off and holidays are allowed as credited service, provided that the employee was held in pay status on the regularly sc…

Unless a provision of AS 39.35 or of this chapter otherwise provides, only service credit that is earned by an active employee under AS 39.35.300 or AS 39.35.310 and that is paid in full can be used to determine the date that an employee (1) attains vested member status; and (2) …