American Samoa Administrative Code

Chapter 15, Title 7, Section 7.1502 ASCA, authorizes the board of trustees of the Territory of American Samoa deferred compensation plan to establish the Territory of American Samoa deferred compensation plan. Chapter 14 Title 4, Administrative Rules, is adopted by the board to i…

As used in this chapter unless the context clearly requires otherwise: (1) “Administrator” means the company or persons engaged by the board to administer and maintain the plan under the direction of the board. (2) “Beneficiary” means a person designated by a participant, a parti…

The office of the board is located at the Office of Manpower Resources, Utulei, American Samoa. History: Rule 11-87, eff 17 Jun 87.

A party to a proceeding before the board may appear in person or may be represented by or with counselor other person chosen as a representative. The board at any time may require evidence of authority and qualification to act in a representative capacity. History: Rule 11-87, ef…

(a) The term “public record,” as used in this chapter, shall be defined as in 4.1101, et seq., ASCA. (b) All public records shall be available for inspection in the office of the board during established office hours, in accordance with 4.1105 ASCA. (c) Public records printed or …

An interested person may petition the board for the adoption, amendment, or repeal of any rule of the board. The petition shall be submitted in duplicate and filed with the board. History: Rule 11-87, eff 17 Jun 87.

(a) The petition need not be in any special form but shall contain: (1) the petitioner’s name, address, zip code, and telephone number; (2) a statement of the nature of the petitioner’s interest; (3) an explicit statement of the reasons in support of the proposed rule, amendment,…

The board at any time, on its own initiative, may institute proceedings in accordance with 7.1503 ASCA, for the adoption, amendment, or repeal of rules. History: Rule 11-87, eff 17 Jun 87.

An interested person may petition the board for a declaratory order as to the applicability of any statutory provision administered by the board or any rule or order of the board. The petition shall be submitted in duplicate and filed with the board. History: Rule 11-87, eff 17 J…

(a) The petition need not be in any special form but shall contain: (1) the petitioner’s name, address, zip code, and telephone number; (2) a statement nature of the of the petitioner’s interest; (3) a designation of the specific statutory provision, rule, or order in question: (…

The board, for good cause, may refuse to issue a declaratory order. Without limiting the general application of the foregoing, the board may so refuse where: (a) the question is speculative or purely hypothetical and does not involve an existing situation or a situation which may…

Within a reasonable time after the submission of the petition, the board shall either deny the petition in writing, stating its reasons for the denial, or issue a declaratory ruling on the matters contained in the petition. Upon disposition of the petition, the board shall prompt…

An order disposing of a petition shall be applicable only to the fact situation alleged in the petition or as set forth in the order. The order shall not be applicable to different fact situations or to situations where additional facts not considered in the order exists. History…

A person shall be eligible to enroll in the plan if the person is employed by the Government of the Territory of American Samoa as defined in 7.1403(f) ASCA. History: Rule 11-87, eff 17 Jun 87.

(a) An application for enrollment shall be made on the participation agreement form prescribed by the board and shall be filed with the administrator; (b) An applicant for enrollment shall enter on the participation agreement form the following: (1) identifying information, inclu…

(a) The participation agreement shall be effective upon acceptance by the board and shall remain in effect unless it is modified by the participant. (b) The administrator shall give each participant a copy of the participation agreement which has been accepted by the board. Histo…

(a) A participation agreement shall be rejected if: (1) the participation agreement is incomplete; (2) an entry in the participation agreement is inconsistent with the plan or this chapter; or (3) the applicant does not meet the eligibility requirements. (b) If a participation ag…

(a) It shall be the responsibility of a participant to notify the administrator in writing of any change in an entry on the participation agreement. (b) Upon receipt of a notification of change, the administrator shall promptly inform the participant whether the change requires: …

A former participant may again apply for enrollment in the plan by filing a participation agreement with the administrator. History: Rule 11-87, eff 17 Jun 87.

(a) Only compensation from an employer in which has not yet been paid shall be deferred under the plan. (b) Upon receipt of a payroll authorization form signed by the participant, which designates the amount of compensation to be deferred, compensation shall be deferred each payr…

(a) The minimum amount of deferral per pay period shall be $10 per investment product. (b) The maximum amount of deferral per taxable year of the participant shall be 33 1/3 percent of a participant’s includable compensation (as defined in regulations governing Section 457 of the…

(a) During 1 or more of a participant’s last 3 taxable years ending before the participant attains normal retirement age, as defined in 4.1436, a participant may be eligible to defer compensation in excess of the limitation under 4.1421(b) as follows: (1) the maximum amount of de…

The maximum amounts allowable under 4.1421(b) and 4.1422 shall be reduced in accordance with regulations governing Section 457 of the Internal Revenue Code, 26 U.S.C. § 457, if a participant is deferring or has deferred compensation under another eligible plan or annuity plan und…

(a) It shall be the responsibility of a participant to furnish the administrator with all necessary information so that deferrals under the plan do not exceed the maximum amounts allowable under 4.1421(b), 4.1422, and 4.1423. History: Rule 11-87, eff 17 Jun 87.

(a) Whenever there are insufficient funds available to make the deferral designated in the participation agreement, the deferral shall not be made. (b) Deferrals shall automatically be suspended if there are insufficient funds available to make the designated deferral for 6 conse…

(a) The amounts deferred under the plan by a participant, including income attributable to the investment of the amounts deferred, shall remain an asset of the participant’s employer. (b) When a participant changes employment from one employer to another employer under the plan, …

(a) The amounts deferred under the plan shall be invested by the board in fixed annuities, variable annuities, life insurance, savings account, or mutual funds, or any combination of the foregoing. (b) Contracts entered into between the board and the companies selected by the boa…

(a) A participant shall designate a preference for the investment of amounts deferred from among the available investment products under the plan in the participation agreement. (b) A participant may change a designation of an investment preference with respect to prospective def…

A participant may submit a. written request to the administrator to transfer amounts previously deferred under the plan from one investment product to another investment product available under the plan. However, the transfer shall only be allowed in accordance with the provision…

Individual deferred compensation accounts shall be established and maintained for each participant as necessary for record-keeping and reporting purposes. History: Rule 11-87, eff 17 Jun 87.

Each individual account shall be credited with the amount of compensation deferred and shall be further adjusted by any increase or decrease resulting from investments, any direct charge authorized in the applicable investment product contract, and any withdrawal or payment of be…

Each participant shall be provided semi- annually with a written report of any account maintained on behalf of the participant. The report shall be mailed to the participant’s last home address on file with the administrator, unless otherwise requested in writing. History: Rule 1…

Information about a participant shall only be disclosed to the participant or person authorized in writing by the participant, unless otherwise authorized by law. History: Rule 11.87, eff 17 Jun 87.

(a) Benefits under the plan shall be paid or made available to the participant no earlier than: (1) separation from service when employee is no longer employed by an employer under the plan due to termination, retirement, or death; or (2) the occurrence of an unforeseeable emerge…

(a) A completed distribution request form prescribed by the board shall be filed with the administrator upon separation from service. Additional information may be required by the board prior to approval of the request. (b) The following shall be entered on the form: (1) identify…

(a) Normal retirement age means any age, at the option of the participant, that is within the range of ages: (1) beginning no earlier than the earliest age at which the participant has the right to retire under the employees’ retirement system and to receive immediate benefits wi…

(a) Upon separation from service, but not later than 30 days after the close of the calendar year in which the participant separates from service, an irrevocable election may be made to have benefits commence at a fixed future time. The designation shall be made on a distribution…

(a) The payment of benefits under the plan shall be made primarily for the benefit of the participant. (b) A method for payment of benefits shall be designated on the distribution request form from among the options available under the applicable investment product contracts, whi…

(a) In the event a distribution request form is not filed or an election to commence payments is not made in accordance with these rules, benefits shall be paid when the participant attains or would have attained normal retirement age, except as specified in 4.1438(b)(1). (b) In …

(a) A participant shall designate on the participation agreement form a beneficiary or beneficiaries, who shall receive the participant’s benefits in the event of the participant’s death. In the event a beneficiary has not been designated or the designation is ineffective, the pa…

All payments under the plan shall be subject to applicable tax withholding requirements. History: Rule 11-87, eff 17 Jun 87.

Payments shall be mailed to the last home address on file with the administrator, unless otherwise requested in writing. History: Rule 11-87, eff 17 Jun 87.

(a) If a participant incurs an unforeseeable emergency as defined in 4.1444, the participant may apply for an emergency withdrawal by filing with the administrator a completed emergency withdrawal request form prescribed by the board, attaching evidence in support of the request.…

An unforeseeable emergency means severe financial hardship to a participant resulting from a sudden and unexpected illness or accident of the participant or of the participant’s dependent (as defined in Section 152(a) of the Internal Revenue Code, 26 U.S.C. § 152(a)), loss of the…

An emergency withdrawal shall only be approved by the board to the extent that: (a) it is reasonably needed to satisfy the emergency; and (b) severe financial hardship cannot be relieved by: (1) reimbursement or compensation from sources other than an emergency withdrawal under t…

(a) Only emergency withdrawals which have been approved by the board shall be made under the plan. (b) Payments shall be made as directed by the board and shall include amounts which are required to be withheld for income tax purposes. (c) If an emergency withdrawal is not approv…

(a) A board review may be requested by an employee regarding an action taken by the administrator, as it applies to the employee, which the employee believes is inconsistent with the plan or this chapter. The employee shall make reasonable efforts to resolve the disagreement with…

An employee’s request for a board review may be disposed of with or without an appearance before the board. The employee shall be promptly notified by the board in writing of the results of its review. History: Rule 11-87, eff 17 Jun 87.

These regulations apply to all career service positions and employees. The ASPA personnel system is composed of career service positions and contract specialists. The objectives of the ASPA system of personnel administration are consistent with those of the ASG system, as describ…

The Executive Director is responsible to the ASPA Board of Directors and the Governor for exercising leadership in and for the administration of all aspects of ASPA personnel management covered in these regulations, in accordance with appropriate ASPA, ASG and U.S. statutes and r…