Title 39 — Public Officers and Employees
20 chapters · 458 sections in this title.
AS 39.35.615 Effect of termination by amendment of agreement.
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(a) A political subdivision or public organization may request that its participation agreement be amended. The request may be made only after adoption of a resolution by the legislative body of the political subdivision and approval of the resolution by the person required by la…
AS 39.35.620 Termination of participation.
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(a) If the contributions are not transmitted to the commissioner of administration within the prescribed time limit, the commissioner may grant an extension. If the political subdivision or public organization is in default at the end of the extension, participation in the plan i…
AS 39.35.625 Termination costs.
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(a) Notwithstanding AS 39.35.255, an employer that terminates participation of a department, group, or other classification of employees in the plan under AS 39.35.615 or that terminates participation in the plan under AS 39.35.620 shall pay to the plan each payroll period until …
AS 39.35.630 Distribution.
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A distribution made as a result of termination of participation by an employer may, to the extent that no discrimination in value results, be paid in cash or in annuity contracts, in the discretion of the board.
AS 39.35.640 Conclusiveness of action taken upon termination.
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In making a distribution, the determinations, divisions, appraisals, apportionments, and allotments made are final and conclusive and not subject to question.
AS 39.35.650 Refunds to employers.
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Article 9. Provisions Generally Applicable to Employees Hired Before July 1, 2006. An employer may not receive an amount from the plan, except as provided under AS 39.35.115(e).
AS 39.35.660 Nonguarantee of employment.
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AS 39.35.095 — 39.35.680 is not a contract of employment between an employer and an employee, nor does it confer a right of an employee to be continued in the employment of an employer, nor is it a limitation of the right of an employer to discharge an employee with or without ca…
AS 39.35.670 Fraud.
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A person who knowingly makes a false statement, or falsifies or permits to be falsified a record of this plan, in an attempt to defraud the plan is guilty of a class A misdemeanor.
AS 39.35.672 Pension forfeiture.
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The provisions of AS 37.10.310 apply to pension benefits under AS 39.35.095 — 39.35.680.
AS 39.35.675 Inclusion of cost-of-living differentials in compensation and benefits.
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(a) An employee shall make contributions to the plan based on compensation including a cost-of-living differential. (b) The amount of a cost-of-living differential may not be included in the employee's compensation for purposes of calculating benefits paid under AS 39.35.095 — 39…
AS 39.35.677 Special rules for treatment of qualified military service.
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(a) Notwithstanding any contrary provisions of AS 39.35.095 — 39.35.680, with respect to qualified military service, contributions shall be made and benefits and service credit shall be provided in accordance with 26 U.S.C. 414(u). (b) To the extent required by 26 U.S.C. 401(a)(3…
AS 39.35.678 Internal Revenue Code compliance.
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(a) The administrator shall use forfeitures that arise for any reason, including from termination of employment or death, to reduce employer contributions. Forfeitures may not be applied to increase the benefits of any member. (b) The administrator shall determine the amount of a…
AS 39.35.680 Definitions.
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In AS 39.35.095 — 39.35.680, unless the context otherwise requires, (1) “active member” means an employee who is employed by an employer, is receiving compensation for seasonal, permanent full-time, or permanent part-time services, and is making contributions to the plan; (2) “ac…
AS 39.35.690 [Renumbered as AS 39.35.995.]
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Article 10. Employees First Hired on or after July 1, 2006.
AS 39.35.700 Applicability of AS 39.35.700 — 39.35.990.
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The provisions of AS 39.35.700 — 39.35.990 apply only to members first hired on or after July 1, 2006, to members who are employed by employers that do not participate in the defined benefit retirement plan established under AS 39.35.095 — 39.35.680, to former members as defined …
AS 39.35.710 Defined contribution retirement plan established; federal qualification requirements.
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(a) A defined contribution retirement plan is established for employees of the state or a political subdivision or public organization of the state. (b) The defined contribution retirement plan is a plan in which savings are accumulated in an individual retirement account for the…
AS 39.35.720 Membership.
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An employee who becomes a member on or after July 1, 2006, shall participate in the plan set out in AS 39.35.700 — 39.35.990.
AS 39.35.725 Participation of elected officials of political subdivisions.
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(a) An elected official of a political subdivision of the state that participates in both the plan and the defined benefit plan of AS 39.35.095 — 39.35.680 is a member of the plan if (1) the political subdivision covers elected officials under AS 39.35.600 — 39.35.650 and has des…
AS 39.35.730 Contributions by members.
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(a) Each member shall contribute to the member's individual account an amount equal to eight percent of the member's compensation from July 1 to the following June 30. (b) [Repealed, § 116(a) ch 20 SLA 2007.] (c) The employer shall deduct the contribution from the member's compen…
AS 39.35.740 Employment contributions mandatory.
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Contributions of employees shall be made by payroll deductions. Every included employee shall be considered to consent to payroll deductions. It is of no consequence that a payroll deduction may cause the compensation paid in cash to an employee to be reduced below the minimum re…
AS 39.35.750 Contributions by employers.
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(a) An employer shall contribute to each member's individual account an amount equal to five percent of the member's compensation from July 1 to the following June 30. (b) An employer shall also contribute an amount equal to a percentage, as adopted by the board, of each member's…
AS 39.35.760 Rollover contributions and distributions.
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(a) An employee entering the plan may elect, at the time and in the manner prescribed by the administrator, to have all or part of a direct rollover distribution from an eligible retirement plan owned by the member paid directly into the member's individual account. (b) Rollover …
AS 39.35.770 Transmittal of contributions; claims against funds of an employer.
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(a) All contributions deducted in accordance with AS 39.35.700 — 39.35.990 shall be transmitted to the plan for deposit in the appropriate account or trusts as soon as administratively feasible, but in no event later than 15 days following the close of the payroll period. (b) If …
AS 39.35.780 Limitations on contributions and benefits.
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Notwithstanding any other provisions of this plan, the annual additions to each member's individual account under this plan and under all defined contribution plans of the employer required to be aggregated with the contributions from this plan under the provisions of 26 U.S.C. 4…
AS 39.35.790 Vesting.
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(a) A participating member is immediately and fully vested in that member's contributions and related earnings. (b) A member shall be fully vested in the employer contributions made on that member's behalf, and related earnings, after five years of service. A member is partially …
AS 39.35.800 Investment of individual accounts.
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(a) The board shall provide a range of investment options and permit a participant to exercise investment control over the participant's assets in the member's individual account as provided in this section. If a participant exercises control over the assets in the individual acc…
AS 39.35.810 Distribution election at termination.
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(a) A member is eligible to elect distribution of the member's account in accordance with this section 60 days after termination of employment. (b) Notwithstanding (a) of this section, distribution of all or a portion of the individual account of a member may take place before th…
AS 39.35.820 Forms of distribution.
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(a) A participant may elect to receive the participant's share of the individual account in a (1) lump sum payment, which is a single payment of the entire balance in the account; (2) periodic lump sum payment, which is a payment of a portion of the balance in the account, not mo…
AS 39.35.830 Manner of electing distributions.
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(a) Any election or any alteration or revocation of a prior election by a participant for any purpose under this plan shall be on forms or made in a manner prescribed for that purpose by the plan administrator. To be effective, the forms required or the required action for any pu…
AS 39.35.840 Distribution requirements.
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(a) Payments to a participant shall commence as soon as administratively feasible following the distribution commencement date. The distribution commencement date is the first date on which one of the following occurs: (1) a member meets the requirements of AS 39.35.810 and has m…
AS 39.35.850 Designation of beneficiary.
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(a) Each participant shall have the right to designate a beneficiary and shall have the right, at any time, to revoke the designation or to substitute another beneficiary, subject to the following limitation: if a married member elects a nonspouse beneficiary, the value of the be…
AS 39.35.860 Rights under qualified domestic relations order.
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(a) Notwithstanding the nonalienation provisions in AS 39.35.900(a), the plan administrator may direct that benefits be paid to someone other than a member or beneficiary under a valid qualified domestic relations order that is executed by the judge of a competent court in accord…
AS 39.35.870 Eligibility for retirement and medical benefits.
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(a) In order to obtain medical benefits under AS 39.35.880, an active member must retire directly from the plan. A member is eligible to retire from the plan if the member has been an active member for at least 12 months before application for retirement and (1) the member has at…
AS 39.35.880 Medical benefits.
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(a) The medical benefits available to eligible persons are access to the retiree major medical insurance plan and to the health reimbursement arrangement under AS 39.30.300. Access to the retiree major medical insurance plan means that an eligible person may not be denied insuran…
AS 39.35.890 Occupational disability benefits and reemployment of disabled employees.
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(a) An employee is eligible for an occupational disability benefit if employment is terminated because of a total and apparently permanent occupational disability before the employee's normal retirement date. (b) The occupational disability benefits accrue beginning the first day…
AS 39.35.891 Disability benefit and disabled peace officer or firefighter retirement benefit adjustment.
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(a) Once each year, the administrator shall increase disability benefits and retirement benefits elected by disabled peace officers or firefighters under AS 39.35.890(h)(2). The amount of the increase is a percentage of the current disability benefit or retirement benefit equal t…
AS 39.35.892 Occupational death benefit.
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(a) If (1) the death of an employee occurs before the employee's retirement and before the employee's normal retirement date, (2) the proximate cause of death is a bodily injury sustained or a hazard undergone while in the performance and within the scope of the employee's duties…
AS 39.35.893 Survivor's pension adjustment.
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(a) Once each year, the administrator shall increase payments to a person 60 years of age or older receiving a survivor's pension under AS 39.35.890(k) or 39.35.892(c) and to a person who has received a survivor's pension under AS 39.35.890(k) or 39.35.892(c) for at least five ye…
AS 39.35.894 Premiums for retiree major medical insurance coverage upon termination of disability benefits or survivor's pension.
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The premium for retiree major medical insurance coverage payable by an employee whose disability benefit is terminated under AS 39.35.890(g) or by an eligible survivor whose survivor pension is terminated under AS 39.35.890(k) or 39.35.892(e) when the employee would have been eli…
AS 39.35.895 Amendment and termination of plan.
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(a) The state has the right to amend the plan at any time and from time to time, in whole or in part, including the right to make retroactive amendments referred to in 26 U.S.C. 401(b). (b) The plan administrator may not modify or amend the plan retroactively in such a manner as …
AS 39.35.900 Exclusive benefit.
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(a) The corpus or income of the assets held in trust as required by the plan may not be diverted or used for other than the exclusive benefit of the participants. (b) If plan benefits are provided through the distribution of annuity or insurance contracts, any refunds or credits …
AS 39.35.910 Nonguarantee of returns, rates, or benefit amounts.
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The plan created by AS 39.35.700 — 39.35.990 is, with respect to individual accounts, treated as a defined contribution plan, and not a defined benefit plan. The amount of money in the individual account of a participant depends on the amount of contributions and the rate of retu…
AS 39.35.920 Nonguarantee of employment.
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The provisions of AS 39.35.700 — 39.35.990 are not a contract of employment between an employer and an employee, nor do they confer a right of an employee to be continued in the employment of an employer, nor are they a limitation of the right of an employer to discharge an emplo…
AS 39.35.930 Fraud.
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(a) A person who knowingly makes a false statement or falsifies or permits to be falsified a record of this plan in an attempt to defraud the plan is guilty of a class A misdemeanor. (b) In this section, “knowingly” has the meaning given in AS 11.81.900(a).
AS 39.35.932 Pension forfeiture.
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The provisions of AS 37.10.310 apply to pension benefits under AS 39.35.700 — 39.35.990.
AS 39.35.940 Transfer into defined contribution plan by nonvested members of defined benefit plan.
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(a) Subject to (i) of this section, an active member of the defined benefit retirement plan of the public employees' retirement system is eligible to participate in the defined contribution retirement plan established under AS 39.35.700 — 39.35.990 if that member has not vested. …
AS 39.35.950 Request by political subdivision to participate and adoption of resolution.
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A municipality or other political subdivision of the state may request to become an employer in this plan. The request shall be made after adoption of a resolution by the legislative body of the political subdivision and after approval of the resolution by the person required by …
AS 39.35.955 Request by public organization to participate and adoption of resolution.
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A public organization may request to become an employer in this plan. The request shall be made after adoption of a resolution by the governing body of the public organization. A certified copy of the resolution shall be filed with the administrator. If the administrator approves…
AS 39.35.956 Contractors and employees of contractors excluded from plan.
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(a) A person or legal entity providing services to the state or to a political subdivision or public organization on a contractual or fee basis may not participate as an employer in the plan based on those services. (b) A person may not participate in the plan as an employee or m…
AS 39.35.957 Designation of eligible employees, agreement to contribute, and amendment of participation.
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(a) A political subdivision or public organization participating in the defined contribution retirement plan under AS 39.35.700 — 39.35.990 shall designate the departments, groups, or other classifications of employees eligible to participate in the plan and, by participating, sh…