Alaska Administrative Code

A member with an indebtedness to the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220) who wishes to pay off the balance of that indebtedness, including accrued interest, must pay off the balance before the member's retirement benefit begins. Once t…

The salary actually paid to a teacher during the time the teacher was on sabbatical leave may be used in calculating the average base salary for retirement purposes under the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220). The salary that the tea…

The reduction of wages authorized under AS 14.25.150(c) does not affect the determination of "base salary" (AS 14.25.220) or the determination of "average base salary" (AS 14.25.220) under the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220). The a…

(a) The amount of the retroactive contributions for territorial service claimed under AS 14.25.105 equals the amount of the contributions that the member would have made to the system had the service been creditable at the time it was rendered. (b) Compound interest at the prescr…

(a) Indebtedness balances of $50 or less under the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220) are written off. (b) Refunds of $50 or less under the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220) are written o…

The defined benefit plan of the teachers' retirement system (AS 14.25.009-14.25.220) shall use unisex tables containing unisex early retirement factors, unisex indebtedness factors, and unisex joint and survivor option factors in all appropriate computations. Notes 2 AAC 36.830 I…

(a)AS 14.25.220(38) and this section govern the membership in the TRS of all University of Alaska personnel. (b) The University of Alaska shall designate all current University of Alaska positions as PERS, TRS or nonapplicable. Any new position must be designated in the same mann…

A teacher who is a member of the defined benefit plan of the Teachers' Retirement System (AS 14.25.009-14.25.220) and who is on sabbatical leave approved by the University of Alaska is entitled to receive membership service credit under the plan for that period of time the member…

(a) In this chapter, unless the context otherwise requires "division" means the division of retirement and benefits in the Department of Administration. (b) In AS 14.25.006, "decision made by the administrator" means a decision in a matter over which the administrator has control…

(a) When an application for voluntary retirement for incapacity under AS 22.25.010(c) is submitted to the governor by a justice or judge, the governor shall appoint a board of three persons to inquire into the circumstances. The board consists of disinterested persons as follows:…

(a) For the purposes of this chapter, a bona fide termination of 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 to return to …

(a) The prescribed rate of interest to be credited to each member's account in the judicial retirement system is four and one-half percent. One-half of this prescribed rate shall be credited to each member's account semiannually on June 30 and December 31 of each year. The rate o…

(a) A benefit overpayment to a benefit recipient of the judicial retirement system 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 sum. (b) A bene…

(a) After a member 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 benefit payments paid to the member. …

The contributions of the court system must be transmitted to the division of retirement and benefits on a monthly basis within thirty days after the close of each payroll period for which the contributions are being made. Notes 2 AAC 37.030 In effect before 1/8/85, Register 93 Au…

(a) The court system shall transmit to the administrator records concerning a justice or judge'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 1…

The basis of the assumptions for the reduced benefit actuarial adjustment factors (1) for an early retirement benefit, before July 1, 1981 is a factor that reduces the normal retirement amount by 0.5 percent per month for each month that the retirement precedes the normal retirem…

(a) For purposes of compliance with the Internal Revenue Code 401(a)(7), the normal retirement benefit calculated under AS 22.25.010 and AS 22.25.012, is nonforfeitable upon attainment of normal retirement age. (b) Notwithstanding (a) of this section, a normal retirement benefit …

A period of leave without pay (LWOP) is not creditable service in the judicial retirement system. Member and employer contributions may not be made for a period of leave without pay. Notes 2 AAC 37.090 In effect before 1/8/85, Register 93 Authority:AS 22.25.025 AS 22.25.027

(a) Pursuant to AS 22.25.025 and for purposes of compliance with the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations, the Judicial Retirement System under AS 22.25.010 - AS 22.25.900 hereby adopts by reference, as part of the governing Plan document…

(a) If a retired member of EPORS returns to employment that is included in the definition of "creditable service" under AS 39.37.150, retirement payments will not be made during the time of reemployment. During the time of reemployment the member shall contribute to EPORS under A…

(a) The prescribed rate of interest to be credited to each member's account in the elected public officers retirement system is four and one-half percent. One-half of this prescribed rate is credited to each member's account semiannually on June 30 and December 31 of each year. T…

(a) A benefit overpayment to an EPORS benefit recipient 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 sum. (b) A benefit underpayment must be pa…

Adoption, amendment, or repeal of a regulation will be accomplished in accordance with AS 39.35.042. Notes 2 AAC 37.125 Eff. 2/1/89, Register 109 Authority:AS 39.30.155

Appeals to the Public Employees Retirement Board under AS 39.30.155 are governed by the procedures set out in public employees' retirement system regulations, 2 AAC 35.080 and 2 AAC 35.100 - 2 AAC 35.180. Notes 2 AAC 37.127 Eff. 2/1/89, Register 109 Authority:AS 39.30.155

An employee for whom social security contributions (FICA) would have been withheld during the year by the employer if the employer had been participating in the social security system is an eligible employee and must participate in the supplemental annuity plan. Employees who par…

(a) An eligible employee may select benefit options under AS 39.30.160 during the election periods allowed. (b) An open enrollment will be held once a year during a period and in a manner prescribed by the administrator. During this open enrollment period eligible employees may a…

(a) An eligible employee who selects any benefit option under AS 39.30.160 will be enrolled on the later date of(1) the first day of the month after 30 days have elapsed since the date of employment; (2) the first day of the month after a month in which the supplemental benefits …

(a) Administrative fees for the supplemental benefits system programs will be deducted from contributions made to the individual employee annuity accounts. The form and amount of administrative fees will be determined by the administrator in a manner that matches annual administr…

If the supplemental benefits system has no record of receipt of an application, election, or claim, the application, election, or claim is ineffective unless the member shows reasonable proof that the form was transmitted to the division. Reasonable proof includes written demonst…

(a) The amount of the base pay for calculating supplemental disability insurance must be provided by the participating employer or, in the case of a state employee, it is the amount reflected on the personnel action on the first day of January following the close of the open enro…

The supplemental benefits system will operate in accordance with the supplemental annuity plan and the supplemental benefit plan. Conflicts between the operation of the supplemental benefits system under any documents other than the plan documents and operation of the system unde…

Upon the death of a participant, payment to beneficiaries will be made in accordance with the most recent beneficiary designation on file with the supplemental benefits system. If a valid beneficiary designation is not on file for any form of death benefit, payment for any such d…

The effective date of coverage for an insured individual is the first day of the month for which the premium is paid by the employer. However, an employee who is both disabled and away from work on the date the insurance is to become effective will not be insured until the first …

The supplemental benefits system will use tables containing unisex annuity factors and unisex insurance factors in all appropriate computations. Notes 2 AAC 37.172 Eff. 11/9/89, Register 114 Authority:AS 39.30.155

The administrator will release information regarding personal or financial data on employees or former employees in accordance with policies promulgated by the administrator. The administrator will release information on an employee or former employee to that individual, to the i…

(a) The administrator shall establish the supplemental annuity trust fund as a separate trust fund of the supplemental benefits system. The assets of the individual employee annuity accounts must be deposited and held in the fund for the exclusive benefit of the participating emp…

The supplemental benefits system will maintain separate employee benefit accounts for the employees of each participating employer. If an employee who is employed by more than one participating employer terminates employment with a participating employer, that employee will be co…

(a) For purposes of compliance with the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations, the Supplemental Annuity Plan under AS 39.30.150 - AS 39.30.180 hereby adopts by reference, as part of the Plan, the Retirement System IRS Compliance Policy dat…

If the administrator has no record of receipt of an application for enrollment in the plan, a request for change (such as change of address, beneficiaries, type of investments and dollar amount of investments), selection of deferral date, or selection of form of payment and benef…

(a) The benefit commencement date under the plan is the 60th day following termination of employment unless the participant elects to defer commencement of benefits. A participant's election to defer commencement of benefits must be made on a form prescribed by the administrator …

If a postmark is illegible or undated, the postmark day is rebuttably presumed to be five working days before receipt by the plan office. Notes 2 AAC 37.225 Eff. 4/27/91, Register 118 Authority:AS 39.45.025

(a) Pursuant to AS 39.45.050 and for purposes of compliance with the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations, the Public Employees' Deferred Compensation Program under AS 39.45.010 - 39.45.060 adopts by reference, as part of the governing Pl…

The administrator will release information regarding personal or financial data on a participant or former participant, in accordance with policies adopted by the administrator, to that individual, to the individual's employer or former employer, and to state agencies authorized …

(a) In 2 AAC 37.200 - 2 AAC 37.255, unless the context requires otherwise, (1) "plan" means the State of Alaska Deferred Compensation Plan provided for under the Public Employees' Deferred Compensation Program in AS 39.45; (2) "postmark" means the official cancellation stamp, use…

(a) The prescribed rate of interest that accrues on an indebtedness owed to the national guard/naval militia retirement system (AS 26.05) is seven percent compounded semiannually on June 30 and December 31 of each year. (b) Interest shall be charged on amounts owed to the nationa…

(a) A benefit overpayment to a benefit recipient of the national guard/naval militia retirement system 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 …