Alaska Administrative Code

Service that has been claimed by a member under AS 39.35.330(c) and 39.35.330(d) counts towards vested member status and retirement eligibility once the cost to claim the service has been paid in full. Notes 2 AAC 35.335 Eff. 2/13/2004, Register 172; readopt 7/20/2006, Register 1…

Any period or periods of authorized leave of absence without pay totaling not more than 10 working days in a calendar year will be considered as creditable service. Once the total of any period or periods of authorized leave of absence without pay exceeds 10 working days in a cal…

An employment segment which has been designated as a temporary or nonpermanent appointment, or an employment segment for which a person has been designated as a temporary or nonpermanent employee by the employer is not creditable under this system except for temporary employment …

Only full-time temporary service may be applied toward a service retirement under AS 39.35.345(d). Notes 2 AAC 35.351 Eff. 1/7/2001, Register 159; readopt 7/20/2006, Register 179 Effective 7/20/2006, Register 179, the Department of Administration readopted 2 AAC 35.351, without c…

An employee who has claimed temporary service under AS 39.35.345 shall make an election whether or not to use the temporary service to satisfy the credited service requirements for normal retirement at application for retirement. Notes 2 AAC 35.352 Eff. 1/7/2001, Register 159; am…

(a) The cost for converting membership service for retirement eligibility under AS 39.35.370(g) and AS 39.35.370(h) is the difference between the present value of the benefits the employee receives after the conversion and the present value of the benefits that the employee would…

Military service performed by an employee who is a member of a reserve or National Guard unit after a call to active duty, whether voluntary or involuntary, constitutes membership service and does not count towards the maximum number of years of military service allowed to be cla…

(a) A disabled member receiving a disability benefit determined under AS 39.35.370(c) may not receive a benefit based on credit for any service for which an indebtedness exists until the indebtedness has been paid in full. (b) The indebtedness for military service for a person el…

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 that the claim is received. The system is not liable for any benefits based upon the newly clai…

Notes 2 AAC 35.380 Eff. 8/7/92, Register 126; deleted as of Register 175, October 2005 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 feature…

Notes 2 AAC 35.385 Eff. 8/7/92, Register 126; deleted as of Register 175, October 2005 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 feature…

Notes 2 AAC 35.390 Eff. 8/7/92, Register 126; deleted as of Register 175, October 2005 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 feature…

The prescribed rate of interest that accrues on any indebtedness amount under the defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) is seven percent, compounded semiannually on June 30 and December 31 of each year. Notes 2 AAC 35.400 Eff. 7/…

An employee with an indebtedness to the defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) who wishes to pay off the balance of that indebtedness, including accrued interest, must pay off the balance before the employees' retirement benefit b…

(a) Indebtedness balances of $50 or less in the defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) are written off. (b) Refunds of $50 or less in the defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) are…

(a) The prescribed rate of interest to be credited to employee contribution accounts in the defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) is four and one-half percent. (b) This plan is not liable for interest on contributions which canno…

Notes 2 AAC 35.440 Eff. 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 release. More comparison features wil…

(a) An employee participating in the defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) who completes three years of service with the state after January 1, 1961, is entitled to credited service for employment as a peace officer or fireman pe…

Except as may be expressly authorized by AS 39.35.095-39.35.680, for purposes of the statutes governing the defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) (1) "peace officer" means only a person who is a regular employee of a police agenc…

(a) This section determines which University of Alaska personnel are members of the Public Employees' Retirement System. (b) The University of Alaska shall make a recommended designation to the administrator of all University of Alaska positions as belonging to the Public Employe…

The defined benefit plan of the Public Employees' Retirement System (AS 39.35.095-39.35.680) shall use unisex tables containing unisex joint and survivor option factors, unisex early retirement factors, and unisex indebtedness factors in all appropriate computations. The plan sha…

Notes 2 AAC 35.800 In effect before 10/21/83, Register 93; 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 fe…

Notes 2 AAC 35.805 Eff. 2/13/2004, Register 172; 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…

Notes 2 AAC 35.810 In effect before 10/21/83, Register 93; am 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 …

Notes 2 AAC 35.820 In effect before 10/21/83, Register 93; 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 fe…

Notes 2 AAC 35.830 In effect before 10/21/83, Register 93; 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 fe…

Notes 2 AAC 35.835 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…

Notes 2 AAC 35.840 In effect before 10/21/83, Register 93; 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 fe…

Notes 2 AAC 35.850 In effect before 10/21/83; am 12/3/84, Register 93; 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 c…

Notes 2 AAC 35.860 In effect before 10/21/83, Register 93; 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 fea…

Notes 2 AAC 35.870 In effect before 10/21/83; am 12/3/84, Register 93; am 5/10/85, Register 99; 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 …

Notes 2 AAC 35.880 In effect before 10/21/83, Register 93; am 12/9/85, Register 97; 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 re…

Notes 2 AAC 35.890 Eff. 3/21/82, Register 81; 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 be…

Notes 2 AAC 35.900 Eff. 5/17/91, Register 119; 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) In this chapter, unless the context otherwise requires, "division" means the Division of Retirement and Benefits in the Department of Administration. (b) In AS 39.35.006, "decision made by the administrator" means a decision in a matter over which the administrator has contro…

Notes 2 AAC 36.010 In effect before 10/21/83, Register 93; am 7/12/90 (not printed); am 11/18/90, Register 122; am 1/7/2001, Register 159; deleted as of Register 175, October 2005 State regulations are updated quarterly; we currently have two versions available. Below is a compar…

Notes 2 AAC 36.020 Eff. 7/12/90 (not printed); am 11/18/90, Register 122; deleted as of Register 175, October 2005 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly rele…

(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…

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 …

Notes 2 AAC 36.050 In effect before 10/21/83, Register 93; am 5/27/99, Register 151; 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…

(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…