Title 39 — Public Officers and Employees
20 chapters · 458 sections in this title.
AS 39.27.040 University salary survey. [Repealed, § 20 ch 4 FSSLA 1996.]
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[Repealed or reserved.]
AS 39.27.045 Definition. [Repealed, § 19 ch 47 SLA 2013.]
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[Repealed or reserved.]
AS 39.28.010 Administration of equal employment opportunity program.
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The director of personnel shall administer the equal employment opportunity program for the executive branch of state government to assure compliance with this chapter.
AS 39.28.020 Powers and duties of the director of personnel regarding the administration of the equal employment opportunity program.
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(a) The director of the division of personnel shall (1) assist state officials to carry out their equal employment opportunity responsibilities, including promoting the recruitment, employment, training, and retention of members of protected classes, and recommend solutions to an…
AS 39.28.030 Administrative regulations.
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The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the division of personnel's duties under this chapter.
AS 39.28.040 Affirmative action plan.
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The department shall establish an equal employment opportunity program and adopt annually an affirmative action plan for the executive branch of state government. The plan remains in effect until the department establishes a subsequent plan. The director of personnel shall work w…
AS 39.28.050 Compliance with affirmative action plan.
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(a) Each agency shall comply with the affirmative action plan. Each commissioner or executive head of an agency shall adopt an affirmative action program to implement the plan within the agency. At the request of the director of personnel, a state official shall report to the dir…
AS 39.28.055 Individuals with disabilities.
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(a) When administering requirements of this chapter related to the vocational training, vocational rehabilitation, or employment placement of an individual with a disability who can reasonably be expected to benefit in terms of employability from the provision of vocational rehab…
AS 39.28.060 Employment discrimination complaints.
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(a) The division of personnel shall accept complaints of employment discrimination in the executive branch of state government and shall confer with the complainant and the agency involved to bring about an informal resolution of a complaint. (b) An agency shall notify the divisi…
AS 39.28.070 Retaliation prohibited.
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(a) An agency, officer, or state employee may not directly or indirectly refuse to hire, transfer, or promote, or dismiss, demote, suspend, lay off, or otherwise discipline a person for filing a complaint with the division of personnel for a failure to comply with affirmative act…
AS 39.28.080 Access to confidential records.
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The director of personnel may have access to all data, records, and reports necessary to carry out its functions under this chapter. The director of personnel may not make public information designated as confidential by AS 39.25.080 or another law. However, the director of perso…
AS 39.28.200 Definitions.
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In this chapter, unless the context requires otherwise, (1) “agency” means a department, office, agency, public corporation, board, commission, authority, or other organizational unit of the executive branch; (2) “department” means the Department of Administration; (3) “director …
AS 39.30.010 Federal territorial agreement.
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(a) The director of finance, with the approval of the governor, may on behalf of the territory enter into an agreement with the Federal Security Administrator, consistent with AS 39.30.010 — 39.30.080, for the purpose of extending the benefits of the federal old age and survivors…
AS 39.30.020 Contributions by employees.
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(a) An employee whose services are covered by an agreement under AS 39.30.010 shall pay for the period of coverage, into the state treasury, contributions equal to the amount of tax that would be imposed by 26 U.S.C. 3101 (Federal Insurance Contributions Act) if the services cons…
AS 39.30.030 Plans for coverage of employees of political subdivisions.
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(a) A political subdivision of the state may submit for approval by the department a plan for extending the benefits of 42 U.S.C. 401 — 433 (Title II, Social Security Act) to its employees. A plan and an amendment to the plan shall be approved by the department if it finds that t…
AS 39.30.040 Deposits and withdrawals.
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(a) Unless otherwise provided by law, there shall be deposited in the state treasury in trust all contributions collected under AS 39.30.010 — 39.30.080. (b) The department has power, authority, and jurisdiction over this trust and may perform all acts whether or not specifically…
AS 39.30.050 Administrative costs.
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The department shall collect from each participating political subdivision its respective pro rata share of the expenses incurred in the administration of AS 39.30.010 — 39.30.080. The amounts collected from participating political subdivisions, together with money appropriated b…
AS 39.30.060 Regulations.
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The department shall adopt and publish the regulations not inconsistent with AS 39.30.010 — 39.30.080 that it finds necessary or appropriate to the efficient administration of its functions under AS 39.30.010 — 39.30.080.
AS 39.30.070 Studies and reports. [Repealed, § 35 ch 126 SLA 1994.]
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[Repealed or reserved.]
AS 39.30.080 Definitions.
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Article 2. Group Life and Health Insurance. In AS 39.30.010 — 39.30.080, (1) “department” means the Department of Administration; (2) “employee” includes an officer of a political subdivision of the state; (3) “employment” means any service performed by an employee of a political…
AS 39.30.090 Procurement of group insurance.
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(a) The Department of Administration may obtain a policy or policies of group insurance covering state employees, persons entitled to coverage under AS 14.25.168, 14.25.480, AS 22.25.090, AS 39.35.535, 39.35.880, or former AS 39.37.145, employees of other participating government…
AS 39.30.091 Authorization for self-insurance and excess loss insurance.
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Notwithstanding AS 21.86.310 or AS 39.30.090, the Department of Administration may provide, by means of self-insurance, one or more of the benefits listed in AS 39.30.090(a)(1) for state employees eligible for the benefits by law or under a collective bargaining agreement and for…
AS 39.30.095 Group health and life benefits fund.
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(a) The commissioner of administration shall establish the group health and life benefits fund as a special account in the general fund to provide for group life and health insurance under AS 39.30.090 and 39.30.160 or for self-insurance arrangements under AS 39.30.091. The commi…
AS 39.30.096 Accounting and disposition of fees. [Repealed, § 28 ch 90 SLA 1991.]
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[Repealed or reserved.]
AS 39.30.097 Alaska retiree health care trusts.
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(a) The commissioner of administration is authorized to prefund medical benefits provided by AS 14.25.168, AS 22.25.090, and AS 39.35.535 by establishing an irrevocable trust that is exempt from federal income tax under 26 U.S.C. 115 and subject to the applicable financial report…
AS 39.30.098 Regulations.
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The commissioner of administration may adopt regulations to implement AS 39.30.090 — 39.30.097. Regulations adopted by the commissioner under this section relate to the internal management of state agencies, and their adoption is not subject to AS 44.62 (Administrative Procedure …
AS 39.30.100 [Renumbered as AS 39.30.090(b).]
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Article 3. Special Hazard Insurance.
AS 39.30.130 Special hazard insurance.
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Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. Upon the request of any state department, the Department of Administration may procure insurance, in addition to workers' compensation insurance, for employees of the department against accidental death…
AS 39.30.150 Contributions.
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(a) In place of contributions to the federal social security system that would have been required on behalf of an employee had the participating employer belonged to the social security system, the participating employer shall contribute an amount equal to 6.13 percent of the wag…
AS 39.30.151 Administrator.
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The commissioner of administration or the commissioner's designee is the administrator of the system.
AS 39.30.153 Repayment of contributions.
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Upon termination of employment the amount held on behalf of a terminating employee in the employee's individual employee annuity account shall be paid to the employee under the terms of the State of Alaska Supplemental Annuity Plan.
AS 39.30.154 Powers and duties of the administrator.
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The administrator has the same powers and duties with regard to the plan as those set out in AS 14.25.003 and 14.25.004.
AS 39.30.155 Management and investment of fund.
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The Alaska Retirement Management Board is the fiduciary of the fund and has the same powers and duties under this section in regard to the fund as are provided under AS 37.10.220.
AS 39.30.160 Benefits.
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(a) The Department of Administration shall, in accordance with policies prescribed by regulations adopted by the commissioner, provide to employees for whom special individual employee benefit accounts are established under AS 39.30.150(c) the following benefit options: (1) suppl…
AS 39.30.162 Safeguard of money.
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(a) Except as provided in the State of Alaska Supplemental Annuity Plan, amounts held on behalf of, or payable to, an employee or other person who is or who might become eligible for benefits under the plan are not subject to anticipation, alienation, sale, transfer, assignment, …
AS 39.30.165 Appeals.
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A final decision made under AS 39.30.150 — 39.30.180 is subject to appeal under AS 44.64.
AS 39.30.170 Participation in program.
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(a) An employer may become a participating employer in the employee benefits program under AS 39.30.150 — 39.30.180, if (1) the employer participates as an employer in the public employees' retirement system under AS 39.35; and (2) the employer (A) is eligible for membership in b…
AS 39.30.175 Investment of benefit program receipts.
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(a) The board is the fiduciary of the mandatory receipts, under AS 39.30.150(a), of the employee benefits program established under AS 39.30.150 — 39.30.180 and has the same powers and duties concerning the management and investment in regard to those receipts as are provided und…
AS 39.30.180 Definitions.
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Article 5. State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan. In AS 39.30.150 — 39.30.180, (1) “board” means the board of trustees of the Alaska Retirement Management Board established under AS 37.10.210; (2) “commissioner” means the co…
AS 39.30.300 State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan established.
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The State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan is established for teachers who first become members of the defined contribution plan of the teachers' retirement system under AS 14.25.310 — 14.25.590 on or after July 1, 2006, and …
AS 39.30.310 Purpose and effective date.
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(a) The purpose of the plan is to allow medical care expenses to be reimbursed from individual savings accounts established for eligible persons. (b) The plan becomes effective July 1, 2006, at which time contributions by employers begin.
AS 39.30.320 Attorney general.
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The attorney general of the state is the legal counsel for the plan and shall advise the administrator and represent the plan in a legal proceeding.
AS 39.30.330 Administrator.
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The commissioner of administration or the commissioner's designee is the administrator of the plan.
AS 39.30.335 Appeals.
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A final decision made under AS 39.30.300 — 39.30.495 is subject to appeal under AS 44.64.
AS 39.30.340 Powers and duties of the administrator.
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The administrator shall establish a teachers' and public employees' retiree health reimbursement arrangement plan trust fund in which the assets of the plan shall be deposited and held. The retiree health reimbursement arrangement plan trust fund may be a sub-trust of the Alaska …
AS 39.30.350 Employer contribution fund.
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The fund established under AS 39.30.340 is an employer contribution fund. The value of the fund reflects employer contributions, expenses, and investment gains and losses. Employee contributions to the fund are not permitted.
AS 39.30.360 Management and investment of the fund.
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The Alaska Retirement Management Board is the fiduciary of the fund and has the same powers and duties under this section in regard to the fund as are provided under AS 37.10.220.
AS 39.30.370 Contributions by employers.
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For each member of the plan, an employer shall contribute to the teachers' and public employees' retiree health reimbursement arrangement plan trust fund an amount equal to three percent of the average annual compensation of all employees of all employers in the teachers' retirem…
AS 39.30.380 Termination of employment.
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A person who terminates employment before meeting the eligibility requirements of AS 14.25.470 or AS 39.35.870 loses any right to the contributions made on behalf of the person to the teachers' and public employees' retiree health reimbursement arrangement trust fund. If a person…
AS 39.30.390 Eligibility and reimbursement.
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Persons who meet the eligibility requirements of AS 14.25.470 and AS 39.35.870 are eligible for reimbursements from the individual account established for a member under the plan, except members do not have to retire directly from the system. A person who is the dependent child o…