Title 39 — Public Officers and Employees

20 chapters · 458 sections in this title.

157 sectionsFiltered byTitle 39 Ch 35

AS 39.35.001 Purpose.
0.2K chars
The purpose of this chapter is to encourage qualified personnel to enter and remain in service with participating employers by establishing plans for the payment of retirement, disability, and death benefits to or on behalf of the members.
AS 39.35.002 Attorney general.
0.2K chars
The attorney general of the state is the legal counsel for the system and shall advise the administrator and represent the system in a legal proceeding.
AS 39.35.003 Administrator.
0.2K chars
(a) The commissioner of administration or the commissioner's designee is the administrator of the system. (b) The commissioner of administration shall adopt regulations to govern the operation of the system.
AS 39.35.004 Powers and duties of the administrator.
2.7K chars
(a) The administrator shall (1) establish and maintain an adequate system of accounts; (2) transmit the funds deposited in the system to the retirement fund established and maintained by the Alaska Retirement Management Board; (3) approve or disapprove claims for retirement benef…
AS 39.35.005 Regulations.
2.1K chars
(a) Regulations adopted by the commissioner of administration under this chapter relate to the internal management of state agencies, and the adoption of these regulations is not subject to AS 44.62 (Administrative Procedure Act). (b) Notwithstanding (a) of this section, a regula…
AS 39.35.006 Appeals.
0.2K chars
An employer, member, annuitant, or beneficiary may appeal a decision made by the administrator to the office of administrative hearings established under AS 44.64. An aggrieved party may appeal a final decision to the superior court.
AS 39.35.007 Investment management of retirement system funds.
0.1K chars
The Alaska Retirement Management Board established under AS 37.10.210 is the fiduciary of the system funds.
AS 39.35.008 Definitions.
0.3K chars
In AS 39.35.001 — 39.35.008, (1) “commissioner” means the commissioner of administration; (2) “plan” means the retirement plan established in AS 39.35.095 — 39.35.680 or the retirement plan established in AS 39.35.700 — 39.35.990; (3) “system” means all retirement plans establish…
AS 39.35.010 Purpose and effective date; federal qualification requirements. [Repealed, § 132 ch 9 FSSLA 2005.]
0.0K chars
[Repealed or reserved.]
AS 39.35.011 Exclusive benefit.
0.2K chars
The corpus or income of the assets held in trust as required by the plan may not be diverted to or used for other than the exclusive benefit of the members or their beneficiaries.
AS 39.35.020 Secs. 39.35.020 — 39.35.047. Administration; Public Employees Retirement Board; Powers and duties of board; Regulations; Hearings. [Repealed, § 132 ch 9 FSSLA 2005.]
0.0K chars
[Repealed or reserved.]
AS 39.35.050 Administrator. [Repealed, § 50 ch 13 SLA 1980 and § 116(a) ch 20 SLA 2007.]
0.0K chars
[Repealed or reserved.]
AS 39.35.060 Duties of the administrator. [Repealed, § 132 ch 9 FSSLA 2005.]
0.0K chars
[Repealed or reserved.]
AS 39.35.070 Duty of employers to furnish records.
0.3K chars
Each employer shall furnish the administrator with records concerning the periods of service, dates of birth, compensation, new entrants into service, death, withdrawals, and other employee data necessary for the proper and effective operation of the system.
AS 39.35.080 Secs. 39.35.080 , 39.35.090. Duties of the Alaska State Pension Investment Board; Attorney general. [Repealed, § 132 ch 9 FSSLA 2005.]
0.1K chars
Article 2. Public Employees' Defined Benefit Retirement Plan.
AS 39.35.095 Applicability of AS 39.35.095 — 39.35.680.
0.1K chars
The following provisions of this chapter apply only to members first hired before July 1, 2006: AS 39.35.095 — 39.35.680.
AS 39.35.100 Accounting.
1.7K chars
(a) The commissioner shall establish and maintain an adequate system of accounts and records for the plan. The accounts and records shall be integrated with the accounts, records, and procedures of the employers to the end that they operate most effectively and at minimum expense…
AS 39.35.110 Investments. [Repealed, § 33 ch 141 SLA 1988.]
0.0K chars
[Repealed or reserved.]
AS 39.35.115 Defined benefit retirement plan.
1.3K chars
Article 3. Membership. (a) A defined benefit retirement plan for employees of the state, political subdivisions, and public organizations is created. The plan becomes effective January 1, 1961, at which time contributions by the employers and members begin. (b) The retirement pla…
AS 39.35.120 Commencement of participation.
0.9K chars
(a) An employee of the state shall be included in this plan upon commencement of employment with the state, or on January 1, 1961, whichever is later. Unless an employee participates in a university retirement program under AS 14.40.661 — 14.40.799, an employee of a political sub…
AS 39.35.125 Participation of elected officials.
2.5K chars
(a) An elected official of the state or of a political subdivision of the state if the political subdivision has elected under AS 39.35.600 — 39.35.650 to designate elected officials in the classifications of employees entitled to participate in the plan is included in the plan u…
AS 39.35.127 Participation of village public safety officers. [Repealed, § 30 ch 92 SLA 2004.]
0.0K chars
[Repealed or reserved.]
AS 39.35.130 Termination of participation. [Repealed, § 55 ch 128 SLA 1977.]
0.0K chars
[Repealed or reserved.]
AS 39.35.131 Membership in teachers' and public employees' retirement systems.
1.6K chars
(a) A person who is employed at least half-time in the plan during the same period that the person is employed at least half-time in a position in the teachers' retirement plan under AS 14.25.009 — 14.25.220 shall receive credited service under each plan for half-time employment.…
AS 39.35.140 Re-employment of former employees. [Repealed, § 55 ch 128 SLA 1977.]
0.0K chars
[Repealed or reserved.]
AS 39.35.150 Re-employment of retired employees.
2.5K chars
(a) If a retired employee subsequently becomes an active member, benefit payments may not be made during the period of re-employment. During the period of re-employment, deductions from the employee's salary shall be made in accordance with AS 39.35.160. Upon subsequent retiremen…
AS 39.35.153 Army and air national guard employees.
0.6K chars
A regular full-time civilian employee of the Alaska Army National Guard and Air National Guard, whose entire salary is paid from allotted federal funds, is included in this system, if the federal or state government pays the employer's contributions. If the amount that the federa…
AS 39.35.154 North Pacific Fishery Management Council employees.
0.4K chars
An employee of the North Pacific Fishery Management Council appointed under 16 U.S.C. 1852(f)(1) (§ 302(f)(1) of P.L. 94-265), whose compensation is paid from allotted federal funds, is included in the system if the council pays the employer's contributions. If the employer's con…
AS 39.35.155 Secs. 39.35.155 and 39.35.157. Former magistrates; Tokyo office employees. [Repealed, § 60 ch 21 SLA 1985.]
0.0K chars
[Repealed or reserved.]
AS 39.35.158 Administrative director of courts.
0.7K chars
Article 4. Contributions by Employees. An administrative director of the Alaska court system who withdraws from the judicial retirement system under AS 22.25.012 is eligible for membership in the plan and shall receive credited service in the plan for service rendered as administ…
AS 39.35.160 Amount of employee contributions.
2.2K chars
(a) Beginning January 1, 1987, each peace officer or firefighter shall contribute to the plan an amount equal to seven and one-half percent of the peace officer's or firefighter's compensation. Except as provided in (d) of this section, beginning January 1, 1987, each other emplo…
AS 39.35.165 Purchase of credited service.
6.5K chars
(a) An employee who is eligible to purchase credited service under AS 39.35.310, 39.35.330, 39.35.340, 39.35.342, 39.35.345, 39.35.360, or 39.35.370, a member who is eligible to purchase credited service under AS 39.35.375, or an elected public official who is eligible to purchas…
AS 39.35.170 Employment contributions mandatory.
0.6K chars
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 39.35.180 Voluntary contributions by employee.
0.3K chars
In addition to the mandatory contributions required of an employee under AS 39.35.170, an employee may, during each calendar year of participating in the plan, voluntarily contribute to an employee savings account an amount not to exceed five percent of the employee's compensatio…
AS 39.35.190 Disposition of contributions. [Repealed, § 55 ch 128 SLA 1977.]
0.0K chars
[Repealed or reserved.]
AS 39.35.195 Rollover distributions and rollover contributions.
2.6K chars
(a) A distributee may elect, at the time and in the manner prescribed by the administrator, to have all or part of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in the direct rollover. (b) Except as provided by AS 39.3…
AS 39.35.200 Refund upon termination of employment for reason other than death.
1.8K chars
(a) Except as provided in (c) of this section, an inactive employee, not on leave-without-pay status or layoff status, is entitled to receive a refund of the balance of the employee contribution account. (b) An employee who is reemployed with an employer and whose contributions h…
AS 39.35.210 Secs. 39.35.210 , 39.35.220. Refunds. [Repealed, § 55 ch 128 SLA 1977.]
0.0K chars
[Repealed or reserved.]
AS 39.35.230 Refund upon death of retired employee.
0.6K chars
Upon the death of a retired employee, the employee's beneficiary shall be paid (1) the excess of the balance in the employee contribution account of the deceased employee as of the date of the beginning of the employee's pension payments over the sum of the pension payments previ…
AS 39.35.240 Withdrawal of voluntary contributions.
0.3K chars
Article 5. Contributions by Employers. An active employee may withdraw a savings account only if the employee receives the consent of the administrator. The administrator may permit a withdrawal before termination of employment only in cases of financial need.
AS 39.35.250 Calculation of employer's contribution rate; deposit of contributions. [Repealed, § 24 ch 13 SLA 2008.]
0.0K chars
[Repealed or reserved.]
AS 39.35.255 Contributions by employers.
3.9K chars
(a) Each employer, except as provided in (h) of this section, shall contribute to the system every payroll period an amount calculated by applying a rate of 22 percent of the greater of the total of all base salaries (1) paid by the employer to employees who are active members of…
AS 39.35.260 Annual calculation. [Repealed, § 24 ch 13 SLA 2008.]
0.0K chars
[Repealed or reserved.]
AS 39.35.270 Amount of employer's contributions. [Repealed, § 24 ch 13 SLA 2008.]
0.0K chars
[Repealed or reserved.]
AS 39.35.280 Additional state contributions.
0.6K chars
In addition to the contributions that the state is required to make under AS 39.35.255 as an employer, the state shall contribute to the plan each July 1 or, if funds are not available on July 1, as soon after July 1 as funds become available, an amount for the ensuing fiscal yea…
AS 39.35.282 Contributions for medical benefits.
0.2K chars
Contributions made by an employer under AS 39.35.255 and 39.35.280 shall be separately computed for benefits provided by AS 39.35.535 and shall be deposited in the Alaska retiree health care trust established under AS 39.30.097(a).
AS 39.35.285 Employers of village public safety officers. [Repealed, § 30 ch 92 SLA 2004.]
0.0K chars
[Repealed or reserved.]
AS 39.35.290 Regulations governing transmittal of employer contributions.
0.1K chars
Article 6. Service. The commissioner shall adopt regulations to ensure the orderly and efficient transmittal of employer contributions.
AS 39.35.300 Employment with the state.
3.5K chars
(a) An active employee is entitled to credited service for periods of employment with the state after January 1, 1961, regardless of the office, department, division, or agency of the state in which the person was employed. For purposes of AS 39.35.095 — 39.35.680, the University…
AS 39.35.310 Employment with other employers.
3.2K chars
(a) An active employee is entitled to credited service for periods of employment with a political subdivision or a public organization beginning with the effective date of the employer's participation in the plan. The employee is also entitled to credited service for periods of e…