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Alaska Statutes, Title 39

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Alaska/Statutes

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Title 39, Public Officers and Employees

20 chapters · 394 sections in this title.

All chapters in Title 39394 Ch 35, Public Employees' Retirement System …129 Ch 20, Compensation, Allowances, and Leave.51 Ch 30, Insurance and Supplemental Employee …41 Ch 52, Alaska Executive Branch Ethics Act.40 Ch 25, State Personnel Act.34 Ch 50, Public Official Financial Disclosure.17 Ch 05, Qualifications, Appointment, and Tenure.15 Ch 23, State Officers Compensation Commission.11 Ch 90, Miscellaneous Provisions.11 Ch 15, Official Bonds.10 Ch 28, Equal Employment Opportunity Program.10 Ch 60, Peace Officer and Firefighter Surviv…8 Ch 45, Public Employees' Deferred Compensat…7 Ch 27, Pay Plan for State Employees.5

394 sections·Filtered byTitle 39✕

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…
AS 39.35.958 Termination of participation in the plan.
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(a) A political subdivision or public organization may request that its participation in the plan be terminated. 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 …
AS 39.35.960 Membership in teachers' and public employees' retirement systems.
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A person who is employed at least half-time in the public employees' defined contribution retirement plan (AS 39.35.700 — 39.35.990) during the same period that the person is employed at least half-time in a position in the teachers' defined contribution retirement plan (AS 14.25…

AS 39.35.965 Army and air national guard employees.

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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 the public employees' defined contribution retirement plan (AS 39.35.700 — 39.35.990) if the federal or state gove…

AS 39.35.970 North Pacific Fishery Management Council employees.

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An employee of the North Pacific Fishery Management Council appointed under 16 U.S.C. 1852(f)(1)(Sec. 302(f)(1) of P.L. 94-265) whose compensation is paid from allotted federal funds is included in the public employees' defined contribution retirement plan (AS 39.35.700 — 39.35.9…

AS 39.35.972 Special rules for treatment of qualified military service.

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(a) Notwithstanding any contrary provisions of AS 39.35.700 — 39.35.990, 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 39.35.990 Definitions.

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In AS 39.35.700 — 39.35.990, unless the context requires otherwise, (1) “administrator” means the commissioner of administration or the commissioner's designee; (2) “alternate payee” means the person for whom an amount has been separated into an account under a qualified domestic…

AS 39.35.995 Short title.

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This chapter may be cited as the Public Employees' Retirement System of Alaska.

AS 39.40.010 Authorization.

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An employee of the state may give written authorization to permit an employer to deduct a sum of money each month from the employee's wages for the purchase of United States savings bonds. The United States savings bonds purchased shall be made payable to the person specified by …

AS 39.40.020 Administration.

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(a) The wage deductions withheld under AS 39.40.010 shall be held in trust until a United States savings bond is purchased by the Department of Administration. After the purchase of the bond, it shall be turned over to the employee. (b) The Department of Administration shall adop…

AS 39.45.010 Authority.

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The state or a political subdivision of the state may, by contract, agree with an employee to defer, in whole or in part, that employee's salary or wages.

AS 39.45.020 Administration of program.

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(a) The administration of the deferred compensation program for state employees is under the direction of the Department of Administration. A political subdivision coming under the provisions of this chapter shall designate the office or official to administer its program. (b) Pa…

AS 39.45.030 Investment authority.

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(a) The Alaska Retirement Management Board is authorized, subject to contracts with individual employees, to invest the funds held under a deferred compensation program. The board has the same powers and duties concerning the management and investment in regard to those funds as …

AS 39.45.040 Additional benefits.

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The deferred compensation program established under this chapter exists and serves in addition to any existing retirement, pension, or benefit system established by the state or its political subdivisions and may not effect a reduction in benefits receivable under an existing sys…

AS 39.45.050 Tax deferred investments.

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(a) The administrator of a deferred compensation program under this chapter shall invest in contracts that (1) allow for deferment of state and federal income tax until benefits are received under the program; and (2) do not provide for deferral of state and federal income tax un…

AS 39.45.055 Appeals.

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A final decision made under AS 39.45.010 — 39.45.060 is subject to appeal under AS 44.64.

AS 39.45.060 Definitions.

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In this chapter, (1) “board” means the trustees of the Alaska Retirement Management Board established under AS 37.10.210; (2) “employee” means a person, whether appointed, elected, or under contract, who provides services for the state or a political subdivision of the state for …

AS 39.50.010 Findings and purpose.

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(a) It is declared by the people of the State of Alaska that the purposes of this chapter are (1) to discourage public officials from acting upon a private or business interest in the performance of a public duty; (2) to assure that public officials in their official acts are fre…

AS 39.50.020 Report of financial and business interests.

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(a) A public official other than the governor or the lieutenant governor shall file a statement giving income sources and business interests, under oath and on penalty of perjury, within 30 days after taking office as a public official. Candidates for state elective office other …

AS 39.50.030 Contents of statements.

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(a) Each statement must be an accurate representation of the financial affairs of the public official or candidate and must contain the same information for each member of the person's family, as specified in (b) and (d) of this section, to the extent that it is ascertainable by …

AS 39.50.035 Exemptions.

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A person subject to this chapter is not exempt from any of its provisions except to the extent state courts determine that legally privileged professional relationships preclude complete compliance.

AS 39.50.040 Blind trusts.

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(a) A public official may transfer all or a portion of the official's assets to a blind trust for the duration of service in public office. The original assets placed in the blind trust shall be listed by the official in a statement filed under this section, together with a descr…

AS 39.50.050 Administration and inspection.

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(a) The Alaska Public Offices Commission created under AS 15.13.020(a) shall administer the provisions of this chapter. The commission shall prepare and keep available for distribution standardized forms on which the reports required by this chapter shall be filed. The commission…

AS 39.50.055 Administrative complaints.

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(a) A person may file a written complaint alleging a violation of this chapter has occurred or is occurring. (b) Complaints filed under (a) of this section must be filed within five years after the date of the alleged violation. (c) If a member of the Alaska Public Offices Commis…

AS 39.50.060 Penalty for wilful violation of disclosure requirements.

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(a) A person required to file a report of financial or business interests under this chapter who refuses or knowingly fails to disclose required information within the time required in this chapter, or who provides false or misleading information, knowing it to be false or mislea…

AS 39.50.070 Failure to report by certain public officials.

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A public official in the executive branch of state government, other than the governor or lieutenant governor or a chair or member of a state board or commission, who refuses or fails to file a report of financial interests required under this chapter when due may not hold office…

AS 39.50.080 Failure to report by a commission or board chairman or member.

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A person hired or appointed as a commissioner, chairman or member of a state commission or board specified in AS 39.50.200(b) who fails to file a report of financial interests required under this chapter when due may not hold office, and the person's name may not be submitted to …

AS 39.50.090 Prohibited acts.

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(a) A public official may not use the official position or office for the primary purpose of obtaining personal financial gain or financial gain for a spouse, dependent child, mother, father, or business with which the official is associated or in which the official owns stock. A…

AS 39.50.100 Enforcement by private citizens.

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(a) A qualified Alaska voter may bring a civil action to enforce any of the sections of this chapter. (b) An action brought under (a) of this section must be brought within five years after the date of the alleged violation.

AS 39.50.110 Report of financial interests of judicial officers.

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Each judicial officer as defined in AS 39.50.200(a) shall file reports of financial and business interests required by this chapter. A judicial officer who refuses or fails to file a report when it is due forfeits and may not be paid salary, per diem, or travel expenses after the…

AS 39.50.130 Report of financial interests of governor and lieutenant governor.

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The governor and lieutenant governor shall each file a report of financial interests required by this chapter. If the governor or lieutenant governor fails to file the report when due, salary, per diem, and travel expenses after the due date are forfeited and may not be paid unti…

AS 39.50.135 Civil penalty: Late filing of required reports.

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A person who fails to file a properly completed and certified report within the time required by this chapter is subject to a civil penalty of not more than $10 a day for each day the delinquency continues as the commission determines subject to appeal to the superior court. An a…

AS 39.50.145 Participation by municipalities.

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A municipality may exempt its municipal officers from the requirements of this chapter if a majority of the voters voting on the question at a regular election, as defined by AS 29.71.800(21), or a special municipality-wide election, vote to exempt its municipal officers from the…

AS 39.50.200 Definitions.

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(a) In this chapter, (1) “assistant to the governor or the lieutenant governor” includes any executive, legislative, special, administrative, or press assistant to the governor or lieutenant governor, and any person similarly employed in a policy-making position; (2) “child” incl…

AS 39.52.010 Declaration of policy.

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(a) It is declared that (1) high moral and ethical standards among public officers in the executive branch are essential to assure the trust, respect, and confidence of the people of this state; (2) a code of ethics for the guidance of public officers will (A) discourage those of…

AS 39.52.110 Scope of code; prohibition of unethical conduct.

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(a) The legislature reaffirms that each public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust. In addition, the legislature finds that, so long as it does not interfere with t…

AS 39.52.120 Misuse of official position.

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(a) A public officer may not use, or attempt to use, an official position for personal gain, and may not intentionally secure or grant unwarranted benefits or treatment for any person. (b) A public officer may not (1) seek other employment or contracts through the use or attempte…

AS 39.52.130 Improper gifts.

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(a) A public officer may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to the officer's personal or financial interests…

AS 39.52.140 Improper use or disclosure of information.

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(a) A current or former public officer may not disclose or use information gained in the course of, or by reason of, the officer's official duties that could in any way result in the receipt of any benefit for the officer or an immediate family member, if the information has not …

AS 39.52.150 Improper influence in state grants, contracts, leases, or loans.

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(a) A public officer, or an immediate family member, may not attempt to acquire, receive, apply for, be a party to, or have a personal or financial interest in a state grant, contract, lease, or loan if the public officer may take or withhold official action that affects the awar…

AS 39.52.160 Improper representation.

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(a) A public officer may not represent, advise, or assist a person in any matter pending before the administrative unit that the officer serves, if the representation, advice, or assistance is (1) for compensation, unless the representation, advice, assistance, and compensation a…

AS 39.52.170 Outside employment restricted.

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(a) A public employee may not render services to benefit a personal or financial interest or engage in or accept employment outside the agency which the employee serves, if the outside employment or service is incompatible or in conflict with the proper discharge of official duti…

AS 39.52.180 Restrictions on employment after leaving state service.

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(a) A public officer who leaves state service may not, for two years after leaving state service, represent, advise, or assist a person for compensation regarding a matter that was under consideration by the administrative unit served by that public officer, and in which the offi…

AS 39.52.190 Aiding a violation prohibited.

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It is a violation of this chapter for a public officer to knowingly aid another public officer in a violation of this chapter.

AS 39.52.210 Declaration of potential violations by public employees.

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(a) A public employee who is involved in a matter that may result in a violation of AS 39.52.110 — 39.52.190 shall (1) refrain from taking any official action relating to the matter until a determination is made under this section; and (2) immediately disclose the matter in writi…

AS 39.52.220 Declaration of potential violations by members of boards or commissions.

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(a) A member of a board or commission who is involved in a matter that may result in a violation of AS 39.52.110 - 39.52.190 shall disclose the matter on the public record and in writing to the designated supervisor and to the attorney general. The supervisor shall determine whet…

AS 39.52.230 Reporting of potential violations.

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A person may report to a public officer's designated supervisor, under oath and in writing, a potential violation of AS 39.52.110 — 39.52.190 by the public officer. The supervisor shall provide a copy of the report to the officer who is the subject of the report and to the attorn…

AS 39.52.240 Advisory opinions.

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(a) Upon the written request of a designated supervisor or a board or commission, the attorney general shall issue opinions interpreting this chapter. The requester must supply any additional information requested by the attorney general in order to issue the opinion. Within 60 d…

AS 39.52.250 Advice to former public officers.

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(a) A former public officer may request, in writing, an opinion from the attorney general interpreting this chapter. The attorney general shall give advice in accordance with AS 39.52.240(a) or (b) and publish opinions in accordance with AS 39.52.240(h). (b) A former public offic…