Alaska Stat. § 39.27.011 — AK Code / Title 39 / Chapter 39.27 / Section 39.27.011
Salary schedule.
Status: reserved

(a) The following monthly basic salary schedule is approved as the pay plan for classified and partially exempt employees in the executive branch of the state government who are not members of a collective bargaining unit established under the authority of AS 23.40.070  23.40.260 (Public Employment Relations Act) and for employees of the legislature under AS 24 :

RangeStepStepStepStepStepStep No.ABCDEF 52,455.002,523.002,595.002,669.002,749.002,820.00 62,595.002,669.002,749.002,820.002,902.002,989.00 72,749.002,820.002,902.002,989.003,080.003,178.00 82,902.002,989.003,080.003,178.003,269.003,369.00 93,080.003,178.003,269.003,369.003,477.003,575.00 103,269.003,369.003,477.003,575.003,686.003,793.00 113,477.003,575.003,686.003,793.003,922.004,045.00 123,686.003,793.003,922.004,045.004,184.004,326.00 133,922.004,045.004,184.004,326.004,476.004,636.00 144,184.004,326.004,476.004,636.004,799.004,980.00 154,476.004,636.004,799.004,980.005,140.005,333.00 164,799.004,980.005,140.005,333.005,525.005,719.00 175,140.005,333.005,525.005,719.005,917.006,119.00 185,525.005,719.005,917.006,119.006,308.006,548.00 195,917.006,119.006,308.006,548.006,753.006,999.00 206,308.006,548.006,753.006,999.007,211.007,477.00 216,753.006,999.007,211.007,477.007,707.007,986.00 227,211.007,477.007,707.007,986.008,246.008,541.00 237,707.007,986.008,246.008,541.008,825.009,156.00 248,246.008,541.008,825.009,156.009,461.009,781.00 258,825.009,156.009,461.009,781.0010,135.0010,513.00 269,156.009,461.009,781.0010,135.0010,513.0010,890.00 279,461.009,781.0010,135.0010,513.0010,890.0011,299.00 289,781.0010,135.0010,513.0010,890.0011,299.0011,692.00 2910,135.0010,513.0010,890.0011,299.0011,692.0012,105.00 3010,513.0010,890.0011,299.0011,692.0012,105.0012,531.00

(b) [Repealed, § 38 ch 3 SLA 1980.] (c) If a state officer or employee is appointed a deputy department head or a division director and, at the time of appointment, the officer or employee is receiving a salary higher than that set for the position to which appointment has been made, the officer or employee is entitled to continue receiving the higher salary. This subsection does not apply to the salary of a person appointed to a position other than a deputy department head or a division director.

(d) The commissioner of administration shall adopt the regulations required under AS 22.05.140 (d), AS 22.07.090 (c), AS 22.10.190 (d), and AS 22.15.220 (e). The regulations relate to the internal management of state agencies and their adoption is not subject to AS 44.62 (Administrative Procedure Act). The regulations shall be published in the Alaska Administrative Register and Code for informational purposes.

(e) [Repealed, § 4 ch 50 SLA 2022.] (f) [Repealed, § 4 ch 50 SLA 2022.] (g) [Repealed, § 8 ch 2 TSSLA 2000.] (h) Pay increments, computed at the rate of 3.25 percent of the employee's base salary, shall be provided after an employee has remained in the final step within a given range for two years, and every two years thereafter, if, at the time the employee becomes eligible for the increment, the employee's current annual rating by the employee's supervisors is designated as good or higher.

(i) Pay increments provided for in (h) of this section are approved under AS 39.25.150 (2) as an amendment to the pay plan for employees of the state.

(j) Subsections (h) and (i) of this section apply to employees of the legislature only if the committee responsible for adopting employment policies concerning the employee adopts a written policy that (h) and (i) of this section apply. Subsections (h) and (i) of this section apply to the employees of the office of the ombudsman only if the ombudsman adopts a policy that (h) and (i) of this section apply. Subsections (h) and (i) of this section apply to the employees of the office of victims' rights only if the victims' advocate adopts a policy that (h) and (i) of this section apply.

(k) Notwithstanding (a)  (j) and (l) of this section, the governor or a designee of the governor may, on a case-by-case basis, authorize for a partially exempt employee in the executive branch a higher pay than Step F. The authorization must be based on a determination that the action serves a critical governmental interest of the state, the employee possesses exceptional qualifications, recruitment difficulties exist, or the action is necessary due to competitive salaries in the relevant labor market. A determination made under this subsection must be in writing.

(l) The amounts set out in the salary schedule contained in (a) of this section are increased by 15 percent for positions within the Department of Law, the public defender agency, and the office of public advocacy that require admission to the practice of law in this state as a condition of employment, positions in the division of legal and research services within the Legislative Affairs Agency and any nonunion positions in the executive branch that require admission to the practice of law in this state as a condition of employment, and the chief administrative law judge and administrative law judges of the office of administrative hearings under AS 39.25.120 (c)(20).

(m) [Repealed, § 4 ch 5 SLA 2024] (n) Effective July 8, 2024, the amounts set out in the salary schedule contained in (a) of this section are increased by 3.38 percent.

(o) Effective July 1, 2025, the amounts set out in the salary schedule contained in (a) of this section, as increased under (n) of this section, are increased by three percent.

(p) Effective July 1, 2026, the amounts set out in the salary schedule contained in (a) of this section, as increased under (n) and (o) of this section, are increased by 2.5 percent if the percentage of increase over the period beginning January 1, 2024, and ending December 31, 2024, in all items of the Consumer Price Index for all urban consumers for urban Alaska is less than four percent, and are increased by five percent if the percentage of increase over the period beginning January 1, 2024, and ending December 31, 2024, in all items of the Consumer Price Index for all urban consumers for urban Alaska is four percent or more.

(q) Effective July 1, 2027, if the basic monthly salaries paid to members of the supervisory bargaining unit are increased under AS 23.40.215 , the amounts set out in the salary schedule in (a) of this section are increased at the same time and by the same percentage of increase. The commissioner of administration shall, by regulation, establish the percentage at which the salary schedule is increased and the increased salary amount. The regulations relate to the internal management of state agencies, and their adoption is not subject to AS 44.62 (Administrative Procedure Act). The regulations must be published in the Alaska Administrative Register and Code for informational purposes.
Alaska Stat. § 39.25.910 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.910
Conflict with federal requirements.
Status: in_force

If any part of this chapter conflicts with federal requirements that are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter is inoperative solely to the extent of the conflict and with respect to the agency directly affected, and does not affect the operation of the remainder of this chapter in its application.
Alaska Stat. § 39.35.330 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.330
Leave of absence.
Status: in_force

(a) A leave of absence with pay authorized by an employer is not considered as interrupting employment. If the employee is a permanent part-time employee, credited service shall be granted on a basis proportionate to that which would have been earned as a permanent full-time employee.

(b) A leave or leaves of absence without pay exceeding 10 accumulated working days in any calendar year or layoff status authorized by an employer shall be considered as an interruption of employment and credited service may not be granted.

(c) Notwithstanding (b) of this section, an employee who takes more than 10 days leave of absence without pay in a calendar year because the employee is unable to work due to an on-the-job injury or occupational illness for which the employee is receiving benefits under AS 23.30 may elect to receive credited service for the time on leave of absence without pay status. When an employee elects to receive credited service under this subsection, an indebtedness is established. The amount of the indebtedness is equal to the contributions that the employee would have made if the employee had been working, less the sum of contributions that the employee made for those periods of time and an amount equal to contributions that would have been made for the first 10 days of leave without pay. Interest as prescribed by regulation accrues on the indebtedness beginning on the date that the employee returns to work or terminates employment. If there is an outstanding indebtedness at the time the employee is appointed to retirement, benefits shall be actuarially adjusted.

(d) An employee of a school district, a regional educational attendance area, or a state boarding school who is assaulted while on the job and who, as a result of a physical injury from the assault, is placed on leave without pay, whether or not the employee receives workers' compensation benefits under AS 23.30 for the injury, is entitled to accrue credited service while the employee, because of the injury, is on leave-without-pay status or is receiving the benefits under AS 23.30 . Entitlement to credited service under this subsection ends when the employee is eligible to receive benefits under AS 39.35.370 (a) or 39.35.410(a).
Alaska Stat. § 39.20.320 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.320
Adoption of regulations.
Status: in_force

The director of the division of personnel in the Department of Administration shall prepare and submit regulations necessary to carry out the intent of AS 39.20.200  39.20.330. These regulations must include provisions for crediting and, if necessary, converting accrued leave when an officer or employee transfers, without break in service, between a department or agency of the state government where the officer or employee is subject to AS 39.20.200  39.20.330 and a department or agency of the state government where the officer or employee is not subject to AS 39.20.200  39.20.330. These regulations shall be submitted to the commissioner of administration. The commissioner of administration shall review the regulations and submit them to the personnel board. The regulations, or any part of the regulations, have the force and effect of law 30 days after they are submitted to the personnel board if not disapproved by the personnel board. Amendments to the regulations shall be prepared and submitted in the same manner, and have the force and effect of law 30 days after they are submitted to the personnel board, if not disapproved by the personnel board. The regulations adopted under AS 39.20.200  39.20.330 relate to the internal management of state agencies and their adoption is not subject to the provisions of AS 44.62 (Administrative Procedure Act).
Alaska Stat. § 39.20.540 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.540
Investigation and conciliation of complaints.
Status: in_force

(a) A person aggrieved by a denial of a right or privilege granted by AS 39.20.500  39.20.540 may file a complaint with the Department of Labor and Workforce Development.

(b) The Department of Labor and Workforce Development shall informally, promptly, and impartially investigate the matters set out in a filed complaint. If the investigator determines that the allegations are supported by substantial evidence, the investigator shall immediately try to eliminate the denial of rights or privileges by conference, conciliation, and persuasion.
Alaska Stat. § 39.50.200 — AK Code / Title 39 / Chapter 39.50 / Section 39.50.200
Definitions.
Status: reserved

(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 includes a biological child, an adopted child, and a stepchild;

(3) commission means the Alaska Public Offices Commission created under AS 15.13.020 (a);

(4) domestic partner means a person who is cohabiting with another person in a relationship that is like a marriage but that is not a legal marriage;

(5) instrumentality of the state means a state department or agency, whether in the legislative, judicial, or executive branch, including the University of Alaska;

(6) judicial officer means a person appointed as a justice to the supreme court or as a judge to the court of appeals, superior court, district court, or magistrate court;

(7) mother or father includes a biological parent, an adoptive parent, and a stepparent;

(8) municipal officer includes a borough or city mayor, borough assemblyman, city councilman, school board member, elected utility board member, city or borough manager, members of a city or borough planning or zoning commission within a home rule or general law city or borough, or a unified municipality;

(9) public official means (A) a judicial officer;

(B) the governor or the lieutenant governor;

(C) a person hired or appointed in a department in the executive branch as (i) the head or deputy head of the department;

(ii) the director or deputy director of a division;

(iii) a special assistant to the head of the department;

(iv) a person serving as the legislative liaison for the department;

(D) an assistant to the governor or the lieutenant governor;

(E) the chair or a member of a state commission or board;

(F) state investment officers and the state comptroller in the Department of Revenue;

(G) the chief procurement officer appointed under AS 36.30.010 ;

(H) the executive director of the Alaska Workforce Investment Board;

(I) each appointed or elected municipal officer; and

(J) the members of the board of trustees, the executive director, and the investment officers of the Alaska Permanent Fund Corporation;

(10) source of income means the entity for which service is performed or that is otherwise the origin of payment; if the person whose income is being reported is employed by another, the employer is the source of income; but if the person is self-employed by means of a sole proprietorship, partnership, limited liability company, professional corporation, or a corporation in which the person, the person's spouse or domestic partner, or the person's dependent children, or a combination of them, hold a controlling interest, the source is the client or customer of the proprietorship, partnership, limited liability company, or corporation, but, if the entity that is the origin of payment is not the same as the client or customer for whom the service is performed, both are considered the source.

(b) In this chapter state commission or board means the (1) [Repealed, § 30 ch 81 SLA 2000.] (2) Alaska State Council on the Arts ( AS 44.27.040 );

(3) Alcoholic Beverage Control Board ( AS 04.06.010 );

(4) State Assessment Review Board ( AS 43.56.040 );

(5) [Repealed, § 1 ch 54 SLA 1981.] (6) Board of Education and Early Development ( AS 14.07.075 );

(7) Alaska Public Broadcasting Commission ( AS 44.21.256 );

(8) Alaska Public Offices Commission ( AS 15.13.020 );

(9) [Repealed, § 16 ch 61 SLA 1995.] (10) Alaska Commercial Fisheries Entry Commission ( AS 16.43.020 );

(11) Fishermen's Fund Advisory and Appeals Council ( AS 23.35.010 );

(12) [Repealed, § 140 ch 4 FSSLA 1992.] (13) State Commission for Human Rights ( AS 18.80.010 );

(14) [Repealed, § 86 ch 59 SLA 1982.] (15) Alaska Judicial Council (art. IV, § 8, Alaska Constitution);

(16) Commission on Judicial Conduct (art. IV, § 10, Alaska Constitution);

(17) [Repealed, § 24 ch 22 SLA 2001.] (18) Local Boundary Commission ( AS 44.33.810 );

(19) Occupational Safety and Health Review Board ( AS 18.60.057 );

(20) Board of Parole ( AS 33.16.020 );

(21) State Personnel Board ( AS 39.25.060 );

(22) [Repealed, § 20 ch 110 SLA 1981.] (23) [Repealed, § 132 ch 9 FSSLA 2005.] (24) Regulatory Commission of Alaska ( AS 42.04.010 );

(25) University of Alaska Board of Regents ( AS 14.40.120 );

(26) Alaska Royalty Oil and Gas Development Advisory Board ( AS 38.06.020 );

(27), (28) [Repealed, § 86 ch 59 SLA 1982.] (29) [Repealed, § 132 ch 9 FSSLA 2005.] (30) [Repealed, 1983 Initiative Proposal No. 2, § 6.] (31) Workers' Compensation Board ( AS 23.30.005 ) and Workers' Compensation Appeals Commission ( AS 23.30.007 );

(32) Alaska Commission on Postsecondary Education ( AS 14.42.015 );

(33) Alaska Municipal Bond Bank Authority ( AS 44.85.020 );

(34) [Repealed, § 1 ch 54 SLA 1981.] (35) Alaska Medical Facility Authority ( AS 18.26 );

(36) Alaska Oil and Gas Conservation Commission ( AS 31.05 );

(37) Alaska Housing Finance Corporation ( AS 18.56.010  18.56.900);

(38) [Repealed, § 44 ch 24 SLA 2003.] (39) [Repealed, § 4 ch 75 SLA 1979.] (40) Board of Fisheries ( AS 16.05.221 (a));

(41) Board of Game ( AS 16.05.221 (b));

(42) Alaska Permanent Fund Corporation ( AS 37.13.040 );

(43) [Repealed, § 69 ch 14 SLA 1987.] (44) Alaska Seafood Marketing Institute ( AS 16.51.010 );

(45) Council on Domestic Violence and Sexual Assault ( AS 18.66.010 );

(46) [Repealed, § 27 ch 18 SLA 1993.] (47) [Repealed, § 38 ch 168 SLA 1990.] (48) [Repealed, § 16 ch 33 SLA 1996.] (49) [Repealed, § 10 ch 29 SLA 1999.] (50) [Repealed, § 9 E.O. No. 84 (1993).] (51) [Repealed, § 102 ch 21 SLA 2000.] (52) [Repealed, § 10 ch 58 SLA 2006.] (53) the board of directors and the executive director of the Alaska Aerospace Corporation ( AS 26.27.010 );

(54) Alaska Retirement Management Board ( AS 37.10.210 );

(55) Alaska Workforce Investment Board ( AS 23.15.550 );

(56) Board of Agriculture and Conservation ( AS 03.09.010 );

(57) [Repealed, 2013 SLA ch. 11 § 23.] (58) Big Game Commercial Services Board ( AS 08.54.591 );

(59) Alaska Industrial Development and Export Authority ( AS 44.88 );

(60) the board of directors of the Knik Arm Bridge and Toll Authority ( AS 19.75.031 and 19.75.041);

(61) Alaska labor relations agency ( AS 23.05.360  23.05.390);

(62) the Board of Trustees of the Alaska Mental Health Trust Authority ( AS 44.25.210 );

(63) the board of directors of the Alaska Railroad Corporation ( AS 42.40.020  42.40.060);

(64) the board of directors of the Alaska Gasline Development Corporation or the board of directors of a subsidiary of the Alaska Gasline Development Corporation.
Alaska Stat. § 39.40.010 — AK Code / Title 39 / Chapter 39.40 / Section 39.40.010
Authorization.
Status: in_force

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 the employee.
Alaska Stat. § 39.15.050 — AK Code / Title 39 / Chapter 39.15 / Section 39.15.050
Procedure when bond becomes insufficient.
Status: in_force

(a) If a surety on the bond dies, removes from the state, becomes insolvent or insufficient, or the penalty of the bond becomes insufficient, the Department of Administration shall, on its own motion or on the showing of a person supported by an affidavit, summon the officer or employee to appear before it at a stated time, not less than 15 days after service of the summons, and show cause why the officer or employee should not execute a new bond with good and sufficient sureties.

(b) If the officer or employee after notice fails to appear at the time appointed, the department shall hear and determine the matter in the absence of the officer or employee. If the department is of the opinion that the bond is insufficient, it shall require a new bond with sureties and in the amount considered necessary.

(c) The new bond shall be executed and filed within the time the department orders. If the officer or employee fails to execute and file a new bond within the time prescribed, the office or appointment of the officer or employee becomes vacant as provided by AS 39.15.100 . The new bond has the same force and obligation upon the principal and surety and subjects the officer and the surety to the same liabilities prescribed for an original bond of an officer and employee.
Alaska Stat. § 39.20.180 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.180
Transportation and per diem expenses for members of boards, commissions, etc.
Status: in_force

Except as otherwise provided by law, the provisions in this section relating to per diem and transportation govern exclusively with respect to a member of a state board, commission, committee, judicial council, or other similar body of persons of the state organized or established under the authority of law, but excluding any other state employee other than a legislator, who is otherwise entitled by law to receive from the state payments for expenses of transportation, and for reimbursement or for per diem in lieu of reimbursement for other expenses incident to duties as such member: (1) for transportation, the member is entitled either to the use of state transportation requests, or to be reimbursed for expenses of transportation to the same extent, in the same manner, and under the same conditions as provided for state officials and employees by the provisions of AS 39.20.110  39.20.170;

(2) for reimbursement for other expenses, the member is entitled to a per diem allowance prescribed by the commissioner of administration under the regulatory authority set out in AS 39.20.160 for each day or portion of a day spent in actual meeting or on authorized official business incident to duties as a member.
Alaska Stat. § 39.35.150 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.150
Re-employment of retired employees.
Status: reserved

(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 retirement, the retired employee is entitled to receive an additional pension based on the credited service and the average monthly compensation earned during the period of re-employment in accordance with AS 39.35.370 .

(b) [Repealed by § 12 ch 57 SLA 2001, as amended by § 6 ch 15 SLA 2003 and § 10 ch 50 SLA 2005, effective July 1, 2009.] (c) [Repealed, § 12 ch 57 SLA 2001, as amended by § 6 ch 15 SLA 2003 and § 10 ch 50 SLA 2005, effective July 1, 2009.] (d) If the initial benefit payments to which the retired member is eligible have been reduced because the member retired early under AS 39.35.370 (b) or increased because the member elected to receive a level income option benefit under former AS 39.35.460 , the member shall also receive an incremental benefit based on the amount of the reduction imposed by AS 39.35.370 (b) or the increase under former AS 39.35.460 on the first benefit and the length of time that the employee was reemployed and not receiving retirement benefits. The amount of the incremental benefit is equal to the difference between the normal retirement benefit to which the member would have been entitled had the member taken a normal retirement and the early retirement benefit or benefit under the level income option that the member has been receiving based on the member's initial period of employment multiplied by the total number of months that the member did not receive retirement benefits because of reemployment and that amount actuarially adjusted to be paid over the expected lifetime of the member. In the case of a member who selected benefits under the level income option, the total number of months may not include any month in which the member was 65 years of age or older.

(e) A member who retired under AS 39.35.370 (a) and participated in a retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a commissioner may become an active member without losing the incentive credit provided under the applicable retirement incentive plan and is not subject to any related reemployment indebtedness.

(f) [Repealed, § 12 ch 50 SLA 2005.] (g) [Repealed, § 12 ch 50 SLA 2005.] (h) [Repealed, § 12 ch 50 SLA 2005.]
Alaska Stat. § 39.30.155 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.155
Management and investment of fund.
Status: in_force

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 .
Alaska Stat. § 39.23.510 — AK Code / Title 39 / Chapter 39.23 / Section 39.23.510
Prohibitions against state or municipal service.
Status: in_force

(a) During membership on the commission, a member of the commission may not (1) be employed by the state, including the University of Alaska;

(2) serve as a member of another state board, commission, or authority; or

(3) hold elective state or municipal office.

(b) A member of the commission may not, in the four years preceding that member's appointment, have served in an office or position for which the commission shall submit a recommendation under AS 39.23.540 .
Alaska Stat. § 39.35.730 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.730
Contributions by members.
Status: reserved

(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 compensation at the end of each payroll period, and the contribution shall be credited by the plan to the member's individual account. The contributions shall be deducted from the member's compensation before the computation of applicable federal taxes and shall be treated as employer contributions under 26 U.S.C. 414(h)(2). A member may not have the option of making the payroll deduction directly in cash instead of having the contribution picked up by the employer.
Alaska Stat. § 39.35.520 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.520
Adjustments.
Status: in_force

(a) When a change or error is made in the records maintained by the plan or in the contributions made on behalf of an employee or an error is made in computing a benefit, and, as a result, an employee or beneficiary is entitled to receive from the plan more or less than the employee would have been entitled to receive had the records or contributions been correct or had the error not been made, (1) the records, contributions, or error shall be corrected, and (2) as far as practicable, future payments or benefit entitlement shall be adjusted so that the actuarial equivalent of the pension or benefit to which the employee or beneficiary was correctly entitled shall be paid. An adjustment to contributions shall be picked up by the employer under AS 39.35.160 or treated as an adjustment to the employer's contributions under AS 39.35.255 , depending upon the nature of the adjustment. If no future payment is due, a person who was paid any amount to which the person was not entitled is liable for repayment of that amount, and a person who was not paid the full amount to which the person was entitled shall be paid the balance of that amount.

(b) An adjustment that requires the recovery of benefits may not be made under this section if (1) the incorrect benefit was first paid two years or more before the member or beneficiary was notified of the error;

(2) the error was not the result of erroneous information supplied by the member or beneficiary; and

(3) the member or beneficiary did not have reasonable grounds to believe that the amount of the benefit was in error.

(c) At least quarterly, the administrator shall report to the commissioner of administration on all situations since the administrator's last report in which an adjustment has been prohibited under (b) of this section. If the commissioner of administration finds that there is reason to believe that one or more of the conditions set out in (b) of this section have not been met, the administrator shall notify the member or beneficiary that an adjustment will be made to recover the overpayment. A member or beneficiary who receives notice of adjustment under this subsection may file a request with the commissioner of administration for a waiver of the adjustment under AS 39.35.522 . An adjustment may not be required while the waiver request is pending.

(d) The plan shall pay interest on amounts owed to a member or beneficiary. Interest shall be charged on amounts owed to the plan by a member or beneficiary if the amount owed is the result of erroneous information supplied by the member or beneficiary, or the member or beneficiary had reasonable grounds to believe the amount of the benefit was in error. The interest paid under this subsection is at the rate established by regulation for indebtedness contributions owed. Interest accrues from the date on which the correct payment was due and continues until an actuarial adjustment to the benefit is effective or the amount owed is paid. Accrued interest in amounts less than the limit established in regulation for writing off small indebtedness and refund balances may not be collected or paid under this subsection.
Alaska Stat. § 39.45.050 — AK Code / Title 39 / Chapter 39.45 / Section 39.45.050
Tax deferred investments.
Status: in_force

(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 until the benefits are received under the program.

(b) A participating employer may designate that employee contributions consist of deferred tax contributions, Roth contributions, or both. In the absence of an affirmative election to make Roth contributions, an employee's contribution shall be considered to consist entirely of deferred tax contributions.

(c) Contributions made on behalf of a participating employee for any calendar year, whether deferred tax contributions or Roth contributions, shall not exceed the dollar limitation set out in 26 U.S.C. 402(g) (Internal Revenue Code) in effect for the calendar year, subject to the provisions of 26 U.S.C. 414(v) (Internal Revenue Code). Contribution amounts in excess of the applicable dollar limits shall be distributed to the participant not later than April 15 after the close of the plan year to which the excess contribution relates. To the extent that a participating employee's contributions are reduced or returned to comply with the limitations of the plan, and the participant has allocated the contributions between deferred tax contributions and Roth contributions, the amount of the reduction or return shall be taken first from deferred tax contributions, to the extent of the contributions for the plan year, and, only after the reduction or return of all the deferred tax contributions, from Roth contributions for the plan year.

(d) Deferred tax contributions made on behalf of a participating employee for a plan year shall be allocated to the deferred tax contribution account of the participating employee, as determined by the administrator.

(e) Roth contributions made on behalf of a participating employee for a plan year shall be allocated to the Roth contribution account of the participating employee, as determined by the administrator.

(f) The administrator may establish additional rules and procedures governing the manner and timing of elections by participating employees to make or change the deferred tax contribution or Roth contribution election, as needed for compliance with federal and state law and as needed for efficiency and effectiveness of plan administration.
Alaska Stat. § 39.25.900 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.900
Penalties.
Status: in_force

(a) A person who wilfully violates a provision of this chapter or of the personnel rules adopted under this chapter is guilty of a misdemeanor.

(b) A state employee who is convicted of a misdemeanor under this chapter or the personnel rules adopted under this chapter immediately forfeits the employee's office or position.
Alaska Stat. § 39.35.158 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.158
Administrative director of courts.
Status: in_force

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 administrative director. To be eligible for membership in the plan under this subsection, the administrative director must contribute to the plan (1) the amount the director would have contributed if the director had been a member during the director's period of membership in the judicial retirement system; and

(2) any contributions for services as administrative director refunded by the plan at the time the director became a member of the judicial retirement system.

Article 4. Contributions by Employees.
Alaska Stat. § 39.35.389 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.389
Alternate benefits for EPORS members.
Status: in_force

(a) Notwithstanding former AS 39.37.050 , a former member of the Alaska Territorial Legislature who is receiving a benefit on June 5, 1989 under the Elected Public Officers Retirement System and who has at least 30 years of credited service in the territorial and state legislatures may elect a benefit under this subsection instead of the benefit under former AS 39.37.050 . The monthly amount of a benefit under this subsection is the greater of the member's years of credited service multiplied by (1) the member's average monthly compensation and that amount multiplied by two percent; or

(2) $100.

(b) Notwithstanding former AS 39.37.060 , a surviving spouse receiving a benefit under the Elected Public Officers Retirement System whose spouse met the requirements of (a) of this section at the time of the spouse's death may elect a benefit under this subsection instead of the benefit under former AS 39.37.060 . The amount of a benefit under this subsection is 50 percent of the amount calculated for the deceased spouse under (a) of this section.

(c) Benefits payable under this section accrue from the first day of the month following receipt of an application for benefits under this section and are payable on the last day of the month.
Alaska Stat. § 39.60.090 — AK Code / Title 39 / Chapter 39.60 / Section 39.60.090
Definitions.
Status: in_force

In this chapter, (1) child means a biological child, adopted child, or stepchild of an employee;

(2) commissioner means the commissioner of public safety or the commissioner's designee;

(3) department means the Department of Public Safety;

(4) dependent means a surviving spouse or child of an employee;

(5) firefighter means an employee of the state or a municipality whose primary duty is to perform fire suppression services;

(6) fund means the peace officer and firefighter survivors' fund established in AS 39.60.010 ;

(7) peace officer means (A) an employee of the state or a municipal police department with the authority to arrest and issue citations; detain a person taken into custody until that person can be arraigned before a judge or magistrate; conduct investigations of violations of and enforce criminal laws, regulations, and traffic laws; search with or without a warrant persons, dwellings, and other forms of property for evidence of a crime; and take other action consistent with exercise of these enumerated powers when necessary to maintain the public peace;

(B) an officer or employee of the Department of Transportation and Public Facilities who is stationed at an international airport and has been designated to have the general police powers authorized under AS 02.15.230 (a);

(C) a University of Alaska public safety officer with general police powers authorized under AS 14.40.043 ;

(D) a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of a probation officer under AS 33.05 ;

(E) a person appointed by the commissioner of corrections, whose primary duty under AS 33.30 is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses against the state or held under authority of state law;

(F) a person employed in a correctional facility in the state, whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law;

(8) surviving spouse means a person who was married to an employee at the time of the employee's death.
Alaska Stat. § 39.20.200 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.200
Computation of personal leave.
Status: in_force

(a) Officers and employees of the state who are first employed before July 1, 2013, in a position for which leave may accrue are entitled to personal leave with pay that accrues as follows: (1) two days for each full monthly pay period in the case of officers and employees with less than two years of service;

(2) two and one-quarter days for each full monthly pay period in the case of officers and employees with two but less than five years of service;

(3) two and one-half days for each full monthly pay period in the case of officers and employees with five but less than 10 years of service;

(4) three days for each full monthly pay period in the case of officers and employees with 10 years or more of service.

(b) Personal leave accrued by an officer or employee during each pay period shall be converted monthly to a cash value by multiplying the hours accrued during the pay periods in that month by the officer's or employee's annualized hourly rate of pay for the pay period. The resulting amount shall be added to the cash value amounts calculated for previous pay periods. The total of all of the cash values is the cash value of the officer's or employee's personal leave balance.

(c) Officers and employees of the state who are first employed on or after July 1, 2013, in a position for which leave may accrue are entitled to personal leave with pay that accrues as follows: (1) one and three-quarters days for each full monthly pay period in the case of officers and employees with less than two years of service;

(2) two days for each full monthly pay period in the case of officers and employees with two but less than five years of service;

(3) two and one-quarter days for each full monthly pay period in the case of officers and employees with five but less than 10 years of service;

(4) two and one-half days for each full monthly pay period in the case of officers and employees with 10 but less than 15 years of service;

(5) three days for each full monthly pay period in the case of officers and employees with 15 years or more of service.
Alaska Stat. § 39.35.750 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.750
Contributions by employers.
Status: in_force

(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 compensation from July 1 to the following June 30 to pay for retiree major medical insurance. This contribution shall be paid into the Alaska retiree health care trust established by the commissioner of administration under AS 39.30.097 (b) and shall be accounted for in accordance with regulations established by the commissioner.

(c) Notwithstanding (b) of this section, the employer contribution for retiree major medical insurance for fiscal year 2007 shall be 1.75 percent of each member's compensation from July 1 to the following June 30.

(d) An employer shall also make contributions to the health reimbursement arrangement plan under AS 39.30.370 .

(e) An employer shall make annual contributions to a trust account in the plan, applied as a percentage of each member's compensation from July 1 to the following June 30, in an amount determined by the board to be actuarially required to fully fund the cost of providing occupational disability and occupational death benefits under AS 39.35.700  39.35.990 and retirement benefits elected by disabled peace officers and firefighters under AS 39.35.890 (h)(2). The contribution required under this subsection for peace officers and firefighters and the contribution required under this subsection for other employees shall be separately calculated based on the actuarially calculated costs for each group of employees.
Alaska Stat. § 39.35.677 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.677
Special rules for treatment of qualified military service.
Status: in_force

(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)(37), if a member dies while performing qualified military service, as defined in 38 U.S.C. 43, the survivors of the member are entitled to any additional benefits that would have been provided to the survivors under the plan had the member resumed employment and then terminated employment on account of death. For purposes of this subsection, periods of qualified military service are not included in calculations of credited service.

(c) Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a member receiving differential wage payments from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under 26 U.S.C. 415(b). For purposes of this subsection, differential wage payment means any payment that (1) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services, as defined in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and

(2) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer.
Alaska Stat. § 39.35.932 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.932
Pension forfeiture.
Status: in_force

The provisions of AS 37.10.310 apply to pension benefits under AS 39.35.700  39.35.990.
Alaska Stat. § 39.35.956 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.956
Contractors and employees of contractors excluded from plan.
Status: in_force

(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 member as the result of performing work for a person providing services under (a) of this section.
Alaska Stat. § 39.35.011 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.011
Exclusive benefit.
Status: in_force

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.
Alaska Stat. § 39.90.120 — AK Code / Title 39 / Chapter 39.90 / Section 39.90.120
Relief and penalties.
Status: in_force

(a) A person who alleges a violation of AS 39.90.100 may bring a civil action and the court may grant appropriate relief, including punitive damages.

(b) A person who violates or attempts to violate AS 39.90.100 is also liable for a civil fine of not more than $10,000. The attorney general may enforce this subsection.

(c) A person who attempts to prevent another person from making a report or participating in a matter under AS 39.90.100 (a) with intent to impede or prevent a public inquiry on the matter is liable for a civil fine of not more than $10,000.
Alaska Stat. § 39.25.110 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.110
Exempt service.
Status: reserved

Unless otherwise provided by law, the following positions in the state service constitute the exempt service and are exempt from the provisions of this chapter and the rules adopted under it: (1) persons elected to public office by popular vote or appointed to fill vacancies in elected offices;

(2) justices, judges, magistrates, and employees of the judicial branch including employees of the judicial council;

(3) employees of the state legislature and its agencies;

(4) the head of each principal department in the executive branch;

(5) officers and employees of the University of Alaska;

(6) certificated teachers and noncertificated employees employed by a regional educational attendance area established and organized under AS 14.08.031  14.08.041 to teach in, administer, or operate schools under the control of a regional educational attendance area school board;

(7) certificated teachers employed by the Department of Education and Early Development as correspondence teachers, teachers in skill centers operated by the Department of Education and Early Development or by the Department of Labor and Workforce Development, or in Mt. Edgecumbe School;

(8) patients and inmates employed in state institutions;

(9) persons employed in a professional capacity to make a temporary or special inquiry, study or examination as authorized by the governor;

(10) members of boards, commissions, or authorities;

(11) the officers and employees of the following boards, commissions, and authorities: (A) [Repealed, § 13 ch 43 SLA 1994.] (B) Alaska Permanent Fund Corporation;

(C) Alaska Industrial Development and Export Authority;

(D) Alaska Commercial Fisheries Entry Commission;

(E) Alaska Commission on Postsecondary Education;

(F) Alaska Aerospace Corporation;

(G) [Repealed, § 23 ch 11 SLA 2013.] (H) Alaska Gasline Development Corporation and subsidiaries of the Alaska Gasline Development Corporation;

(I) Alaska Energy Authority;

(12) the executive secretary and legal counsel of the Alaska Municipal Bond Bank Authority;

(13) the state medical examiner, deputy medical examiner, and assistant medical examiners appointed under AS 12.65.015 and pharmacists and physicians licensed to practice in this state and employed by the Department of Health or by the Department of Corrections;

(14) petroleum engineers and petroleum geologists employed in a professional capacity by the Department of Natural Resources and by the Alaska Oil and Gas Conservation Commission;

(15) [Repealed, § 1 ch 32 SLA 1999.] (16) persons employed by the division of marine transportation as masters and members of the crews of vessels who operate the state ferry system and who are covered by a collective bargaining agreement provided in AS 23.40.040 ;

(17) officers and employees of the state who reside in foreign countries;

(18) employees of the Alaska Seafood Marketing Institute;

(19) emergency firefighting personnel employed by the Department of Natural Resources for a fire emergency or for fire prevention and related activities conducted under AS 41.15.030 ;

(20) employees of the Office of the Governor and the office of the lieutenant governor, including the staff of the governor's mansion;

(21) [Repealed, § 47 ch 99 SLA 2004.] (22) youth employed by the Department of Natural Resources under the Youth Employment and Student Intern programs;

(23) [Repealed, § 6 ch 28 SLA 2003.] (24) students employed by the state institutions in which the students are enrolled;

(25) [Repealed, § 8 ch 2 SLA 2004.] (26) investment officers in the Department of Revenue;

(27) [Repealed, § 10 ch 29 SLA 1999.] (28) persons engaged in employment or pre-employment training programs operated by the Department of Military and Veterans' Affairs;

(29) [Repealed, § 9 ch 115 SLA 1989.] (30) a person employed as an actuary or assistant actuary by the division of insurance in the Department of Commerce, Community, and Economic Development;

(31) [Repealed, § 91 ch 163 SLA 2004.] (32) a participant in the Alaska temporary assistance program under AS 47.27 who holds a temporary position with the state in order to obtain job training or experience;

(33) a person employed as a convener under AS 44.62.730 or as a facilitator under AS 44.62.760 related to a negotiated regulation making process under AS 44.62.710  44.62.800;

(34) the chief executive officer and employees of the Alaska Mental Health Trust Authority employed under AS 44.25.230 (b);

(35) the assistant adjutant general for space and missile defense appointed under AS 26.05.185 ;

(36) the victims' advocate established under AS 24.65.010 and the advocate's staff;

(37) employees of the Alaska mental health trust land unit established under AS 44.37.050 ;

(38) the executive director of the Council on Domestic Violence and Sexual Assault established under AS 18.66.010 ;

(39) the executive director and employees of the Knik Arm Bridge and Toll Authority under AS 19.75.051 and 19.75.061;

(40) the chair of the Workers' Compensation Appeals Commission ( AS 23.30.007 );

(41) the Alaska Gasline Inducement Act coordinator appointed under AS 43.90.250 ;

(42) oil and gas audit masters employed in a professional capacity by the Department of Revenue and the Department of Natural Resources to collect oil and gas revenue by developing policy, conducting studies, drafting proposed regulations, enforcing regulations, and directing audits by oil and gas revenue auditors;

(43) the in-state gasline project coordinator appointed under AS 38.34.010 ;

(44) the executive director and employees of the Alaska State Council on the Arts employed under AS 44.27.054 and 44.27.055;

(45) utilities analyst masters employed in a professional capacity by the Regulatory Commission of Alaska under AS 42.04.050 (a).
Alaska Stat. § 39.52.910 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.910
Applicability.
Status: in_force

(a) Except as specifically provided, this chapter applies to all public officers within executive-branch agencies, including members of boards or commissions. This chapter does not apply to (1) a former public officer of an executive-branch agency unless a provision specifically states that it so applies;

(2) legislators covered by AS 24.60 ; or

(3) the University of Alaska and an employee of the University of Alaska as to activities or employment under a contract between the employee and the university described in AS 14.40.210 (a)(4).

(b) The provisions of this chapter supersede the common law on conflicts of interests that may apply to a public officer of an executive-branch agency and any personnel rules relating to conflicts of interests, excluding nepotism, adopted under AS 39.25 . However, nothing in this chapter precludes a prosecution under an applicable criminal statute nor prevents enforcement of any other state law that imposes a stricter standard of ethical conduct on public officers.

(c) The provisions of this chapter are not subject to negotiation by collective bargaining under AS 23.40 .

(d) Nothing in this chapter (1) supersedes AS 39.90.020 ; or

(2) precludes an immediate family member of a public employee from employment in the same agency or administrative unit as that public employee, so long as the public employee does not have authority to take or withhold official action affecting the terms or conditions of the immediate family member's employment in a manner that violates state law.
Alaska Stat. § 39.52.310 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.310
Complaints.
Status: in_force

(a) The attorney general may initiate a complaint, or elect to treat as a complaint, any matter disclosed under AS 39.52.210 , 39.52.220, 39.52.250, or 39.52.260. The attorney general may not, during a campaign period, initiate a complaint concerning the conduct of the governor or lieutenant governor who is a candidate for election to state office.

(b) A person may file a complaint with the attorney general regarding the conduct of a current or former public officer. A complaint must be in writing, be signed under oath, and contain a clear statement of the details of the alleged violation.

(c) If a complaint alleges a violation of AS 39.52.110  39.52.190 by the governor, lieutenant governor, or the attorney general, the matter shall be referred to the personnel board. The personnel board shall return a complaint concerning the conduct of the governor or lieutenant governor who is a candidate for election to state office as provided in (j) of this section if the complaint is initiated during a campaign period. The personnel board shall retain independent counsel who shall act in the place of the attorney general under (d)  (i) of this section, AS 39.52.320  39.52.350, and 39.52.360(c) and (d). Notwithstanding AS 36.30.015 (d), the personnel board may contract for or hire independent counsel under this subsection without notifying or securing the approval of the Department of Law.

(d) The attorney general shall review each complaint filed, to determine whether it is properly completed and contains allegations which, if true, would constitute conduct in violation of this chapter. The attorney general may require the complainant to provide additional information before accepting the complaint. If the attorney general determines that the allegations in the complaint do not warrant an investigation, the attorney general shall dismiss the complaint with notice to the complainant and the subject of the complaint.

(e) The attorney general may refer a complaint to the subject's designated supervisor for resolution under AS 39.52.210 or 39.52.220.

(f) If the attorney general accepts a complaint for investigation, the attorney general shall serve a copy of the complaint upon the subject of the complaint, for a response. The attorney general may require the subject to provide, within 20 days after service, full and fair disclosure in writing of all facts and circumstances pertaining to the alleged violation. Misrepresentation of a material fact in a response to the attorney general is a violation of this chapter. Failure to answer within the prescribed time, or within any additional time period that may be granted in writing by the attorney general, may be considered an admission of the allegations in the complaint.

(g) If a complaint is accepted under (f) of this section, the attorney general shall investigate to determine whether a violation of this chapter has occurred. At any stage of an investigation or review, the attorney general may issue a subpoena under AS 39.52.380 .

(h) A violation of this chapter may be investigated within two years after discovery of the alleged violation.

(i) The unwillingness of a complainant to assist in an investigation, the withdrawal of a complaint, or restitution by the subject of the complaint may, but need not in and of itself, justify termination of an investigation or proceeding.

(j) The personnel board shall return a complaint concerning the conduct of the governor or lieutenant governor who is a candidate for state office received during a campaign period to the complainant unless the governor or lieutenant governor, as appropriate, permits the personnel board to assume jurisdiction under this subsection. If the personnel board receives a complaint concerning the conduct of the governor or lieutenant governor who is a candidate during the campaign period, the personnel board shall immediately notify the subject of the complaint of the receipt of the complaint, of the suspension of the personnel board's jurisdiction during the campaign period, and of the candidate's right to waive the suspension of jurisdiction under this subsection. The candidate may, within 11 days after the personnel board mails or otherwise sends notice of the complaint to the candidate, notify the personnel board that the candidate chooses to have the personnel board proceed with the complaint under this section. If the candidate does not act within that time or if the candidate notifies the personnel board that the candidate is not waiving the suspension of jurisdiction, the personnel board shall return the complaint to the complainant with notice of the suspension of jurisdiction under this subsection and of the right of the complainant to file the complaint after the end of the campaign period.

(k) A campaign period under this section begins on the later of 45 days before a primary election in which the governor or lieutenant governor is a candidate for state office or the day on which the individual files as a candidate for state office and ends at the close of election day for the general or special election in which the individual is a candidate or on the day that the candidate withdraws from the election, if earlier. For a candidate who loses in the primary election, the campaign period ends on the day that results of the primary election showing that another individual won the election are certified.
Alaska Stat. § 39.25.150 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.150
Scope of the rules.
Status: in_force

The personnel rules must provide for (1) the preparation, maintenance, and revision, by the director of personnel, subject to approval of the commissioner of administration and the personnel board, of a position classification plan for all positions in the classified and partially exempt services; the position classification plan must include (A) a grouping together of all positions into classes on the basis of duties and responsibilities;

(B) an appropriate title, a description of the duties and responsibilities, training and experience qualifications, and other necessary specifications for each class of positions;

(2) the preparation, maintenance, revision, and administration by the director of personnel of a pay plan for all positions in the classified and partially exempt services; the pay plan (A) shall be based on the position classification plan; (B) must provide for fair and reasonable compensation for services rendered, and reflect the principle of like pay for like work; (C) may be amended, approved, or disapproved by the legislature in regular or special session; after the pay plan is in effect, a salary or wage payment may not be made to a state employee covered by the plan unless the payment is in accordance with this chapter and the rules adopted under this chapter or unless the payment is in accordance with a valid agreement entered into in accordance with AS 23.40 ;

(3) the use of employee selection methods, including open competitive assessment devices, when appropriate, that will fairly evaluate the capacity and fitness of the person assessed to discharge the duties of the position in which employment is sought;

(4) the formulation of a list for appointment and promotion to a position;

(5) the procedure for filling positions; the rule adopted under this paragraph may include procedures providing a preference for local residents when appropriate;

(6) promotions from within the state service when there are qualified candidates in the state service; vacancies shall be filled by promotion whenever practicable and in the best interest of the state service, and promotion shall be by competitive assessment whenever possible; in considering promotions, the applicants' qualifications, performance records, seniority, and conduct shall be evaluated;

(7) a period of probation not to exceed one year before an appointment to a position becomes permanent, unless the period of probation is extended as set out in a collective bargaining agreement under AS 23.40 ; however, a permanent employee receiving a promotional appointment retains permanent status in the service and job class from which appointed for the duration of the probationary period and may be demoted to a former class without right of appeal, notwithstanding AS 39.25.170 , but, if the employee is dismissed from the service, the appeal rights under AS 39.25.170 apply;

(8) nonpermanent and emergency appointments to positions in the state service in accordance with AS 39.25.195  39.25.200;

(9) provisional appointment without competitive assessment when the recruitment and assessment procedures have not identified qualified candidates in sufficient number;

(10) transfers from one department to another and from another merit system jurisdiction to the state service;

(11) transfers from one area of the state to another;

(12) the reinstatement of a person who resigns in good standing;

(13) layoffs for reason of lack of money or work, abolition of positions, or material changes in duties or organization; both performance and seniority records shall be considered in the development of layoff orders;

(14) the development, maintenance, and use of employee performance records;

(15) the establishment of disciplinary measures, which may include disciplinary suspension without pay;

(16) the procedures for review of disputed personnel actions, for resolving employee and interagency grievances, and for resolving grievances of the general public concerning the operation of the state personnel system;

(17) hours of work for all employees in the state service;

(18) methods and procedures covering overtime work and pay;

(19) the granting of employment preference rights, not within the area of promotion, under AS 39.25.159 ;

(20) the employment of persons in permanent positions on a part-time basis of 15 hours or more a week, including the employment of two persons to fill one permanent full-time position; these employees shall be designated as permanent part- time employees;

(21) the granting of employment preference to individuals with severe disabilities; this includes the right to provisional appointment without competitive assessment for periods of up to four months and the granting of eligibility to an individual with a severe disability provisionally appointed under the rules who demonstrates ability to perform the job for permanent appointment without competitive assessment; provisional employment under this paragraph may not exceed four months during a 12-month period; individual with a severe disability, as used in this paragraph, means an individual certified by the director of the division of vocational rehabilitation to be severely disabled;

(22) the establishment of programs facilitating the employment of disadvantaged persons;

(23) the delegation, when feasible, of personnel responsibilities and duties to the principal departments of the executive branch;

(24) the establishment of a transition period of up to 12 months for an employee to be reappointed to a classified position if the employee's position is withdrawn from the partially exempt or exempt service and placed in the classified service;

(25) a procedure allowing an applicant who is a veteran, former prisoner of war, or member of the national guard under AS 39.25.159 to substitute military work experience or training for a nonmilitary work experience or training requirement of a position if the military experience or training meets or exceeds the position requirement;

(26) other rules and administrative regulations, not inconsistent with this chapter, that are necessary for its enforcement.
Alaska Stat. § 39.90.200 — AK Code / Title 39 / Chapter 39.90 / Section 39.90.200
Purpose of AS 39.90.200  39.90.290.
Status: in_force

It is the purpose of AS 39.90.200  39.90.290 to establish procedures to safeguard the confidentiality of protected federal tax information as required by 26 U.S.C. 6103(p)(4). The procedures established in AS 39.90.200  39.90.290 apply to a current or prospective state employee whose job duties include access to protected federal tax information.
Alaska Stat. § 39.30.440 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.440
Report to the Legislature on Health Care Cost-Saving Measures.
Status: in_force

The Department of Administration shall provide an annual report to the legislature regarding the cost-saving measures it has implemented by regulation appropriate to current and future retirees in the health care system.
Alaska Stat. § 39.52.270 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.270
Disclosure statements.
Status: in_force

(a) A public officer required to file a disclosure statement under this chapter shall meet the requirements of this subsection in making the disclosure. When the public officer files a disclosure statement under this chapter, the public officer signing the disclosure shall certify that, to the best of the public officer's knowledge, the statement is true, correct, and complete. The disclosure must state that, in addition to any other penalty or punishment that may apply, a person who submits a false statement that the person does not believe to be true is punishable under AS 11.56.200  11.56.240.

(b) A designated supervisor who receives a disclosure statement under AS 39.52.110  39.52.220 shall review it. If the designated supervisor believes that there is a possibility that the activity or situation reported in a disclosure statement filed under AS 39.52.110  39.52.190 may result in a violation of this chapter, the designated supervisor shall take appropriate steps under AS 39.52.210  39.52.240. Failure of the designated supervisor to proceed under AS 39.52.210  39.52.240 does not relieve the public officer of the public officer's obligations under those statutes.

(c) In this section, disclosure statement means a report or written notice filed under AS 39.52.110  39.52.220.

Article 4. Complaints; Hearing Procedures.
Alaska Stat. § 39.20.300 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.300
Personal and banked medical leave transfers with officer or employee.
Status: in_force

When an officer or employee terminates employment with one department, office, institution, or agency of the state government and is employed by another department, office, institution, or agency of the state government without break in service, accumulated personal leave and banked medical leave also transfer and shall be credited to the officer or employee in the employing department, office, institution, or agency.
Alaska Stat. § 39.30.320 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.320
Attorney general.
Status: in_force

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.
Alaska Stat. § 39.35.282 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.282
Contributions for medical benefits.
Status: in_force

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).
Alaska Stat. § 39.30.170 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.170
Participation in program.
Status: in_force

(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 but has never elected to become a member of the federal social security system; or

(B) withdraws from membership in the federal social security system.

(b) In order to become a participating employer, the employer shall file a request with the commissioner. The request may be made only after adoption of a resolution by the legislative body of a municipality, if the employer is a municipality, or by the board of directors, if the employer is a public organization, and after approval of the resolution by the official required by law to approve the resolution. A certified copy of the resolution shall be filed with the commissioner.

(c) The commissioner shall approve the request if the commissioner finds that the employer has never participated in the federal social security system or has withdrawn from participation in the federal social security system.

(d) The employer may begin participation as a participating employer covered by AS 39.30.150  39.30.180 on the date designated by the commissioner.
Alaska Stat. § 39.30.160 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.160
Benefits.
Status: reserved

(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) supplemental health benefits;

(2) supplemental death benefits;

(3) supplemental disability benefits; and

(4) supplemental dependent care benefits.

(b) An employee may select the types and amounts of supplemental benefits to be purchased with the money deposited in the employee's special individual employee benefit accounts under AS 39.30.150 . The selection for employees described in AS 39.30.150 (a) must be from the benefit options listed in (a) of this section.

(c) [Repealed, § 9 ch 55 SLA 1988.] (d) [Repealed, § 40 ch 146 SLA 1980.] (e) Regulations adopted by the commissioner implementing AS 39.30.150 and this section are not subject to AS 44.62 (Administrative Procedure Act).
Alaska Stat. § 39.20.400 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.400
Definitions.
Status: in_force

In AS 39.20.360  39.20.400, (1) employee means a person entitled to receive unpaid compensation from the state;

(2) unpaid compensation means the pay, salary, or allowances, or other compensation due on account of the services of the decedent for the state.

Article 5. Pregnancy, Childbirth, and Family Leave for Public Employees.
Alaska Stat. § 39.23.500 — AK Code / Title 39 / Chapter 39.23 / Section 39.23.500
Compensation commission established.
Status: in_force

(a) The State Officers Compensation Commission is established. The commission is composed of five members who are state residents appointed by the governor. One member shall be appointed from a list of two or more candidates submitted by the president of the senate. One member shall be appointed from a list of two or more candidates submitted by the speaker of the house of representatives. Members serve for staggered terms of four years. Except as provided in AS 39.05.080 (4), a vacancy shall be filled for the balance of the unexpired term. A commission member may serve not more than two complete consecutive terms.

(b) The commission shall annually elect a member to chair its meetings. A majority of the commission members constitutes a quorum to transact business. The affirmative vote of three members is required to approve the commission's recommendations on compensation.

(c) The commission shall meet at the call of the chair. Notice of a meeting shall be mailed to each member at least 20 days before the date scheduled for the meeting.

(d) The commission shall meet to discuss its findings and recommendations at least twice before submitting its final report to the presiding officers of each house of the legislature and the governor.

(e) For budgetary purposes, the commission shall be established in the Department of Administration.
Alaska Stat. § 39.45.010 — AK Code / Title 39 / Chapter 39.45 / Section 39.45.010
Authority.
Status: in_force

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.
Alaska Stat. § 39.60.040 — AK Code / Title 39 / Chapter 39.60 / Section 39.60.040
Eligibility of surviving dependents of peace officers and firefighters for medical insurance premiums.
Status: in_force

(a) A surviving dependent of a deceased peace officer or firefighter may apply to the commissioner for payment of medical insurance premiums for a surviving dependent under AS 39.60.030 . Within the first 60 days after the death of the peace officer or firefighter, the surviving dependent is presumed to be eligible to receive the premium payment. Not later than 30 days after receiving the application, the commissioner shall determine whether the surviving dependent is eligible under (b) of this section. If the commissioner determines the surviving dependent is eligible under (b) of this section, the commissioner shall thereafter determine annually, not later than 30 days before the anniversary of the employee's death, whether the surviving dependent has become ineligible under (c) or (d) of this section or AS 39.60.060 (b). A surviving dependent who has been determined ineligible under (c)(2) or (d)(1) of this section may reapply under this subsection. The commissioner may require a surviving dependent to provide information relevant to a determination under this subsection.

(b) A person who is a surviving dependent of an employee who was a peace officer or firefighter is eligible for premium payments under (a) of this section if (1) on the date of the employee's death, the employee was employed by the state or a municipality that has elected to participate under AS 39.60.050 in a permanent, full-time position for which the state or municipality paid or expected to pay the employee for 12 months each year;

(2) on the date of the employee's death, the surviving dependent was receiving benefits under the employee's employer-sponsored medical insurance coverage;

(3) the proximate cause of the employee's death was a bodily injury sustained or a hazard undergone while in the performance and within the scope of the employee's duties, as determined by the commissioner; and

(4) the injury or hazard was not the proximate result of wilful negligence by the employee.

(c) Subject to (f) of this section, a surviving spouse becomes ineligible for premium payments under this section on the earlier of the date the surviving spouse (1) has received the premium payments for 10 years;

(2) becomes eligible to receive major medical insurance coverage by other means; or

(3) becomes eligible for Medicare.

(d) Except for a child who is totally and permanently disabled, a child who survives the employee becomes ineligible for premium payments under this section on the earlier of the date the surviving dependent child (1) becomes eligible to receive major medical insurance coverage by other means; or

(2) reaches 26 years of age.

(e) Subject to AS 39.60.060 (b), the commissioner shall pay the premium for the medical insurance coverage, beginning the first day of the month following the application process and continuing until the first day of the month following the date the commissioner determines the surviving dependent is ineligible under (c) or (d) of this section. Payment of premiums shall be made to the applicable employer medical insurance provider. The medical insurance coverage provided under this section must be the level of coverage existing at the time of the employee's death or, if the level of coverage provided by the employer for active, permanent, full-time employees is amended, the amended level of coverage.

(f) A surviving spouse who is a parent of a child eligible for premium payments under this section is not subject to (c)(1) of this section.
Alaska Stat. § 39.30.430 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.430
Exclusive benefit.
Status: in_force

(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) The assets of the plan may not be used to pay premiums or contributions of the employer under another plan maintained by the employer.
Alaska Stat. § 39.35.630 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.630
Distribution.
Status: in_force

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.
Alaska Stat. § 39.28.020 — AK Code / Title 39 / Chapter 39.28 / Section 39.28.020
Powers and duties of the director of personnel regarding the administration of the equal employment opportunity program.
Status: in_force

(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 any problems identified;

(2) train state managers and supervisors in their equal employment opportunity and affirmative action responsibilities and offer orientation programs to employees to inform them of their rights and responsibilities under this chapter;

(3) monitor records of personnel actions, develop auditing and reporting systems to acquire statistical information, and prepare federal and state reports concerning the composition of the work force;

(4) prepare and submit the affirmative action plan for employment in the executive branch of state government to the governor;

(5) prepare guidelines for the affirmative action programs of agencies and review, audit, and make recommendations concerning the programs;

(6) ensure that agencies comply with the affirmative action plan and with the agency affirmative action program;

(7) implement standards by which performance evaluations of supervisors reflect compliance with affirmative action plans and objectives, including the granting or denial of merit increases;

(8) assist the division of labor relations in collective bargaining negotiations between the state and employee bargaining organizations to ensure that each collective bargaining agreement negotiated by the state ensures equal employment opportunity;

(9) file quarterly reports with the governor and the legislature concerning agency compliance with and progress in its affirmative action program, the affirmative action plan, state and federal equal employment opportunity laws and regulations;

(10) accept, investigate, and resolve complaints of discrimination from employees, previous employees, or applicants for employment;

(11) serve as primary liaison between the executive branch and state and federal agencies, minority and women's organizations, and community groups concerned with equal employment opportunity; and

(12) prepare and submit an annual report to the governor and the legislature by February 15 on the progress and problem areas in the equal employment opportunity program and the implementation of the affirmative action plan.

(b) The director of personnel may (1) recommend legislative or administrative action to the governor, through the commissioner of administration, relating to equal employment opportunity and affirmative action matters;

(2) require the purging of the records of a complaint of unlawful discrimination from the personnel file of an employee who has filed a complaint of unlawful discrimination;

(3) forbid an agency to hire or promote employees based on a discriminatory employment practice;

(4) require an agency to reverse a personnel action including a hiring decision if the director finds that the action was based on a discriminatory employment practice;

(5) require an agency to change its selection procedures if the director finds that the procedures violate state or federal laws prohibiting employment discrimination; and

(6) when there is reason to believe that an employee has violated this subsection, require the agency to investigate and to impose discipline if the investigation reveals facts warranting it.

(c) A collective bargaining agreement adopted under AS 23.40.070  23.40.260 (Public Employment Relations Act) must be consistent with principles of equal employment opportunity and affirmative action. This chapter supersedes the provisions of AS 39.25 (State Personnel Act).
Alaska Stat. § 39.35.870 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.870
Eligibility for retirement and medical benefits.
Status: in_force

(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 least 25 years of membership service as a peace officer or firefighter or at least 30 years of membership service for all other employees; or

(2) the member reaches the normal retirement age and has at least 10 years of membership service.

(b) The normal retirement age is the age set for Medicare eligibility at the time the member retires.

(c) A member's surviving spouse is eligible to elect medical benefits under AS 39.35.880 if the member had retired, or was eligible for retirement and medical benefits at the time of the member's death.

(d) Members shall apply for retirement and medical benefits on the forms and in the manner prescribed by the administrator.

(e) Participation in the retiree major medical insurance plan is not required in order to participate in the health reimbursement arrangement.

(f) A person eligible for retirement and medical benefits is not required to participate in the health reimbursement arrangement in order to participate in the retiree major medical insurance plan.

(g) An eligible person must make the irrevocable election to participate or not participate in the retiree major medical insurance plan by reaching 70 1/2 years of age, or upon application for retirement and medical benefits, whichever is later.
Alaska Stat. § 39.23.550 — AK Code / Title 39 / Chapter 39.23 / Section 39.23.550
Recommendations relating to reduction in compensation.
Status: in_force

(a) A recommendation of the commission may not have the effect of reducing the compensation or benefits of the governor and lieutenant governor who are in office or an executive department head who is appointed on or before the effective date of the commission's recommendation.

(b) The commission may recommend reduction in compensation for individuals who become governor, lieutenant governor, or an executive department head after the effective date of the commission's recommendation.
Alaska Stat. § 39.35.375 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.375
Public service benefit.
Status: reserved

(a) An active or inactive member who has never been vested in this plan or in the teachers' retirement plan under AS 14.25.009  14.25.220, who has at least two years of credited service in this plan, and who has membership service in the teachers' retirement system may claim credited service in this plan in an amount equal to the membership service the member has in the teachers' retirement system. The claimed credited service may be added to service earned under AS 39.35.095  39.35.680 to enable the member to qualify for a public service benefit under this section. The member may not claim credited service for membership service for which the member has received a refund under AS 14.25.150 . The member may not claim credited service in this plan based on unused sick leave under AS 14.25.115 .

(b) To claim credited service under this section, the member shall file a written request with the administrator when the member applies to retire. The administrator shall determine the full actuarial cost of benefits based on the member's total credited service and shall transfer from the teachers' retirement system to this plan an amount equal to the sum of the member contributions and any indebtedness payments to the teachers' retirement system and the employer contributions to the teachers' retirement system made on behalf of the employee together with interest earned on those contributions and indebtedness payments. If the amount to be transferred, when combined with the amount of employee contributions and indebtedness payments to this plan and the amount of employer contributions on behalf of the employee in this plan, and interest earned on contributions and indebtedness payments for the employee, is less than the full actuarial cost computed under this subsection, an indebtedness to the plan equal to the amount of the difference is established. Interest as prescribed by regulation accrues on the indebtedness. The member must pay any outstanding indebtedness existing at the time the member applies for retirement in full before the member is appointed to retirement under this section.

(c) A member is entitled to receive a public service benefit under this section if the member has at least a total of five years credited service under AS 39.35.095  39.35.680 and credited service from the teachers' retirement plan under AS 14.25.009  14.25.220 claimed under this section. A public service benefit shall be calculated using the higher of the average monthly compensation for service in this plan or the average base salary for service in the teachers' retirement plan under AS 14.25.009  14.25.220. The amount of the benefit shall be calculated in accordance with AS 39.35.370 (c).

(d) Credited service earned under either this plan or the teachers' retirement system that has been claimed for a public service benefit under this section may not be used for any other purpose. A member who claims credited service under this section loses all rights to benefits under AS 14.25 based on the claimed credited service. A member may not claim credited service under this section unless the member claims all of the membership service the member has in the teachers' retirement system. A public service benefit does not constitute a normal or early retirement benefit for purposes of qualifying for a conditional service retirement benefit under AS 14.25.125 or AS 39.35.385 .

(e) A member whose rights to benefits under AS 14.25 are subject to a qualified domestic relations order may claim credited service under this section. However, the credited service claimed remains subject to the terms of the order.

(f) [Repealed, § 116(b) ch 20 SLA 2007.] (g) If a member retires under this section and subsequently returns to work for an employer under this plan or the teachers' retirement system, benefits under this section shall cease during the period of reemployment and shall recommence when the reemployment is ended. The credited service earned during the period of reemployment may not be added to the credited service claimed for a public service benefit under this section. If a member vests and meets the other eligibility requirements under this system or the teachers' retirement system during the reemployment, the member is entitled to a benefit under AS 14.25.009  14.25.220 or AS 39.35.095  39.35.680, as appropriate.

(h) In this section, (1) membership service earned under AS 14.25  means membership service earned under AS 14.25.009  14.25.220;

(2) teachers' retirement system and teachers' retirement system under AS 14.25  mean the teachers' retirement plan established in AS 14.25.009  14.25.220.
Alaska Stat. § 39.52.140 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.140
Improper use or disclosure of information.
Status: in_force

(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 also been disseminated to the public.

(b) A current or former public officer may not disclose or use, without appropriate authorization, information acquired in the course of official duties that is confidential by law.
Alaska Stat. § 39.52.920 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.920
Agency policies.
Status: in_force

Subject to the review and approval of the attorney general, an agency may adopt a written policy that, in addition to the requirements of this chapter, limits the extent to which a public officer in the agency or an administrative unit of the agency may (1) acquire a personal interest in an organization or a financial interest in a business or undertaking that may benefit from official action taken or withheld by the agency or unit;

(2) have a personal or financial interest in a state grant, contract, lease, or loan administered by the agency or unit; or

(3) accept a gift.
Alaska Stat. § 39.35.678 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.678
Internal Revenue Code compliance.
Status: in_force

(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 any benefit that is determined on the basis of actuarial tables using assumptions approved by the commissioner. The amount of benefits is not subject to employer discretion.

(c) Employee contributions paid to, and retirement benefits paid from, the plan may not exceed the annual limits on contributions and benefits, respectively, allowed by 26 U.S.C. 415. Notwithstanding any contrary provision of law, the administrator may modify a request by a member to make a contribution to a plan if the amount of the contribution would exceed the limits provided in 26 U.S.C. 415 by using the following methods: (1) if the law requires a lump sum payment for the purchase of service credit, the administrator may establish a periodic payment plan for the member to avoid a contribution in excess of the limits under 26 U.S.C. 415(c) or (n);

(2) if a periodic payment plan under (1) of this subsection will not avoid a contribution in excess of the limits imposed by 26 U.S.C. 415(c), the administrator may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution.
Alaska Stat. § 39.52.170 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.170
Outside employment restricted.
Status: in_force

(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 duties.

(b) A public employee rendering services for compensation, or engaging in employment outside the employee's agency, shall report by July 1 of each year the outside services or employment to the employee's designated supervisor. During the year, any change in an employee's outside service or employment activity must be reported to the designated supervisor as it occurs.

(c) The head of a principal executive department of the state may not accept employment for compensation outside the agency that the executive head serves.
Alaska Stat. § 39.35.605 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.605
Contractors and employees of contractors excluded from plan.
Status: in_force

(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 member as the result of performing work for a person providing services under (a) of this section.
Alaska Stat. § 39.35.370 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.370
Retirement benefits.
Status: reserved

(a) Subject to AS 39.35.450 , a terminated employee is eligible for a normal retirement benefit (1) at age 60 with at least five years credited service;

(2) with at least 20 years of credited service as a peace officer or firefighter; or

(3) with at least 30 years of credited service for all other employees.

(b) Subject to AS 39.35.450 , a terminated employee is eligible for an early retirement benefit at age 55 with at least five years credited service. An actuarial adjustment shall be made to retirement benefits paid under this section for an early retirement benefit. The monthly amount of a retirement benefit that would be due under (c) of this section shall be reduced by multiplying one-half of one percent times the number of months, to the nearest month, by which the retirement date of the employee falls short of the date that the employee reaches age 60.

(c) The monthly amount of a retirement benefit for a peace officer or firefighter is two percent of the average monthly compensation times the years of credited service through 10 years, plus two and one-half percent of the average monthly compensation times the years of service over 10 years. For all other employees it is (1) two percent of the average monthly compensation times all years of service before July 1, 1986, and for years of service through a total of 10 years; plus

(2) two and one-quarter percent of the average monthly compensation times all years of service after June 30, 1986, over 10 years of total service through 20 years; plus

(3) two and one-half percent of the average monthly compensation times all years of service after June 30, 1986, over 20 years of total service.

(d) The monthly amount of a retirement benefit for a deferred vested member shall be determined in accordance with (c) of this section as it was in effect on the date of the employee's termination of employment.

(e) Benefits payable under this section accrue from the first day of the month after which all of the following requirements are met: (1) the member meets the eligibility requirements of this section; (2) the member terminates employment; and (3) the member applies for retirement. The benefits are payable the last day of the month. If payment is delayed, a retroactive payment shall be made to cover the period of deferment. The last payment shall be made for the month in which a benefit is payable under this section.

(f) A member who is vested in the plan as a peace officer or firefighter at the time the member incurs a permanent disability of at least 33 1/3 percent under workers' compensation and who (1) undergoes retraining because of the disability; and (2) is subsequently employed with the state or other employer in a position other than peace officer or firefighter, is eligible for a normal retirement benefit as a peace officer or firefighter under (a) and (c) of this section upon completing 20 years of credited service.

(g) When an employee who was employed as a dispatcher in a state trooper office or in a police or fire department in the plan applies for appointment to retirement, the employee may convert the credited service for that position to credited service as a peace officer by claiming the service as peace officer service. An employee who has converted credited service to peace officer service under this subsection shall be treated as a peace officer for purposes of AS 39.35.095  39.35.680. When the member claims this credited service as peace officer service, an indebtedness of the member to the plan shall be established. The indebtedness is equal to the full actuarial cost of the conversion of the credited service to treatment as peace officer service. Any outstanding indebtedness that exists at the time the member is appointed to retirement shall require an actuarial adjustment to the benefits payable based upon the conversion of the credited service.

(h) When an employee applies for appointment to retirement in the plan, the employee may convert the credited service to which this subsection applies to credited service as a peace officer by claiming the service as peace officer service. This subsection applies to credited service as an employee of a state correctional facility, other than as a correctional officer or correctional superintendent. This subsection also applies to credited service as an employee of the Department of Corrections in a management position in the division that has responsibility for institutions or the division that has responsibility for community corrections if the employee also has at least five years of credited service as a probation officer, correctional officer, assistant correctional superintendent, or correctional superintendent at a state correctional facility. An employee who has converted credited service to peace officer service under this subsection shall be treated as a peace officer for purposes of AS 39.35.095  39.35.680. When the member claims this credited service as peace officer service, an indebtedness of the member to the plan shall be established. The indebtedness is equal to the full actuarial cost of the conversion of the credited service to treatment as peace officer service. Any outstanding indebtedness that exists at the time the member is appointed to retirement will require an actuarial adjustment to the benefits payable based upon the conversion of the credited service. In this subsection, (1) correctional facility has the meaning given in AS 33.30.901 ; and

(2) management position includes positions as division director, deputy director, and assistant director.

(i) For plan fiscal years beginning after December 31, 1975, and notwithstanding any other provision of AS 39.35.095  39.35.680, the projected annual benefit provided by AS 39.35.095  39.35.680 and the benefit from all other defined benefit plans required to be aggregated with the benefits from this plan under the provisions of 26 U.S.C. 415 may not increase to an amount in excess of the amount permitted under 26 U.S.C. 415 at any time. In the event that any projected annual benefit of a member exceeds the limitation of 26 U.S.C. 415(g) for a limitation year, the plan shall take any necessary remedial action to correct an excess accrued annual benefit. The provisions of 26 U.S.C. 415, and the regulations adopted under that statute, as applied to qualified defined benefit plans of governmental employers are incorporated as part of the terms and conditions of the plan. This subsection applies to any member of this plan.

(j) Notwithstanding (c) of this section, (1) for the plan fiscal years beginning on or after January 1, 1996, the annual compensation of a member who joined the plan after the first day of the first plan fiscal year beginning after December 31, 1995, that is used to calculate the member's average monthly compensation may not exceed $150,000, as adjusted for the cost of living in accordance with 26 U.S.C. 401(a)(17)(B);

(2) for the plan fiscal years beginning on or after January 1, 2002, the annual compensation limitation for such a member, which is so taken into account for such a member which is so taken into account for such purposes, may not exceed $200,000, as adjusted for the cost of living in accordance with 26 U.S.C. 401(a)(17)(B);

(3) the cost-of-living adjustment in effect for a calendar year applies in this subsection to a determination period beginning in the calendar year.

(k) [Repealed, § 116(a) ch 20 SLA 2007.]
Alaska Stat. § 39.05.080 — AK Code / Title 39 / Chapter 39.05 / Section 39.05.080
Procedure for all appointments.
Status: in_force

Except as otherwise provided in a law relating to the positions or memberships on a specific board or commission, appointment to a position or membership shall be made in the following manner: (1) Each governor shall present to the legislature the names of the persons appointed by that governor; each governor may present the name of a person appointed by a previous governor; only presentment that occurs during the time that the legislature is in regular session constitutes presentment under this section. The governor shall, within the first 15 days after the legislature convenes in regular session, present to the legislature for confirmation the names of the following persons: (A) persons appointed to a position or membership who have not previously been confirmed by the legislature, and (B) persons to be appointed to fill a position or membership the term of which will expire on or before March 1 during that session of the legislature. If an appointment is made after the first 15 days after the convening of the regular session but while the legislature is in regular session, the governor shall immediately present to the legislature for confirmation the name of the person appointed.

(2) When appointments are presented to the legislature for confirmation, (A) the presiding officer of each house shall assign the name of each appointee to a standing committee of that house for a hearing, report, and recommendation; standing committees of the two houses assigned the same person's name for consideration may meet jointly to consider the qualifications of the person appointed and may issue either a separate or a joint report and recommendation concerning that person; then

(B) the legislature shall, before the end of the regular session in which the appointments are presented, in joint session assembled, act on the appointments by confirming or declining to confirm by a majority vote of all of the members the appointments presented.

(3) When the legislature declines to confirm an appointment, the legislature shall notify the governor of its action and a vacancy in the position or membership exists which the governor shall fill by making a new appointment. The governor may not appoint again the same person whose confirmation was refused for the same position or membership during the regular session of the legislature at which confirmation was refused. The person whose name is refused for appointment by the legislature may not thereafter be appointed to the same position or membership during the interim between regular legislative sessions. Failure of the legislature to act to confirm or decline to confirm an appointment during the regular session in which the appointment was presented is tantamount to a declination of confirmation on the day the regular session adjourns.

(4) Pending confirmation or rejection of appointment by the legislature, persons appointed shall exercise the functions, have the powers, and be charged with the duties prescribed by law for the appointive positions or membership. However, the duration of an appointment made during the time period between regular sessions of the legislature by a person who is not still the governor on the first day of the next regular session ends on the date during the next regular session that the sitting governor presents for confirmation an appointment to the office. For the purpose of applying laws that limit the number of terms or parts of terms that may be served by a member of a board or commission, the part of the term of office that is served under an interim appointment immediately before the member is reappointed under this paragraph is considered to be merged with the part of the term of office that is served immediately after reappointment so that the two periods of service constitute only one part of a term. The duration of an appointment made during a regular session of the legislature and not presented to the legislature by the governor during that session ends no later than the last day of that session. The duration of an appointment made during an interim by a governor who is not in office at the beginning of the next regular session of the legislature ends no later than the last day of that regular session unless the governor who is in office during that session presents the person's name for confirmation. The same governor may not appoint the same person to the same position or membership if the person's appointment ends because of the governor's failure to present the person's name for confirmation.
Alaska Stat. § 39.25.155 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.155
Vocational substitution program.
Status: reserved

(a) It is the purpose of this section to establish a liberal system under which Alaskan residents not employed by the state who do not meet the minimum educational or experience criteria for state employment may demonstrate their abilities and achieve temporary or permanent state employee status. This program is intended for use primarily in remote or underemployed areas where the opportunity to gain required hiring qualifications does not exist, but where there is a local need for employees with certain vocational skills. The provisions of this section apply notwithstanding the provisions of AS 39.25.150 (3).

(b) The director of personnel shall establish vocational standards as alternatives for educational or experience levels now required for nonprofessional occupational areas under the state personnel system and incorporate these alternatives into the state classification plan.

(c) Applicants shall be placed on lists for the vocational classification indicated in their applications based on an assessment of their vocational ability and place of residence.

(d) The director of personnel shall establish rates of pay for the selected vocational substitution classifications in relation to the beginning entry classification pay rates. However, vocational substitution personnel may not be classified lower than one pay range below the range to which the classified position is allocated.

(e) The director of personnel shall embody a concept combined of vocational ability, place of residence, local hire, and area unemployment in the personnel rules to accomplish the intent of this section.

(f) Applicants selected under this section are subject to the provisions of AS 39.25.160 .

(g) [Repealed, § 19 ch 67 SLA 1983.]
Alaska Stat. § 39.90.020 — AK Code / Title 39 / Chapter 39.90 / Section 39.90.020
Nepotism prohibited.
Status: in_force

It is unlawful for a person who is the spouse of or is related by blood within and including the second degree of kindred to the executive head of a principal state department or agency to be employed in that department or agency.
Alaska Stat. § 39.35.615 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.615
Effect of termination by amendment of agreement.
Status: reserved

(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 law to approve the resolution, or, in the case of a public organization, after adoption of a resolution by the governing body of that public organization. A certified copy of the resolution shall be filed with the administrator. An employer may not award past service to employees added to its participation agreement. When an employer requests to amend its participation agreement to add an elected official, the plan may cover that elected official only if the employer pays compensation to the elected official, for services as an elected official, in the amount of at least $2,001 a month. If a political subdivision or public organization amends its participation agreement so as to terminate coverage of a department, group, or other classification of employees, each employee whose coverage is so terminated, regardless of the employee's employment status at the date of termination, shall be considered fully vested in actuarially adjusted accrued retirement benefits as of the date of termination, unless (1) the employee's contributions have been refunded; or

(2) the political subdivision or public organization amended its participation agreement to exclude coverage for the affected department, group, or other classification of employees at the written request of a majority of the employees employed in that department, group, or other classification at the time the request was made.

(b) Each employee whose coverage is terminated must, within 60 days after the date of termination, inform the administrator, in writing, whether the employee wishes to obtain a refund or a vested benefit.

(c) Each employee who elects to obtain a refund shall receive a refund of the balance of the employee contribution account. The vesting in accrued benefits for each employee who elects to obtain a refund is voided upon receipt of the refund, and the corresponding credited service may not be reinstated under AS 39.35.095  39.35.680. A partial refund may not be allowed under this section.

(d) [Repealed, § 116(a) ch 20 SLA 2007.] (e) [Repealed, § 24 ch 13 SLA 2008.] (f) [Repealed, § 116(a) ch 20 SLA 2007.] (g) [Repealed, § 24 ch 13 SLA 2008.] (h) [Repealed, § 24 ch 13 SLA 2008.] (i) Termination of coverage of a department, group, or other classification of employees does not bar future coverage of that department, group, or classification if the employer is current with payments on amounts due under AS 39.35.625 . If coverage of a department, group, or classification is terminated under (a) of this section and the employer later amends its participation agreement to provide renewed coverage of that department, group, or classification, an affected employee may be credited only with future service.
Alaska Stat. § 39.25.090 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.090
Coverage of chapter.
Status: in_force

This chapter and the rules adopted under it apply to all positions in (1) the classified service; and

(2) the exempt and partially exempt service as specifically provided.
Alaska Stat. § 39.35.455 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.455
Rights under qualified domestic relations order.
Status: in_force

A former spouse shall be treated as a spouse or surviving spouse to the extent required by a qualified domestic relations order. Rights under the order do not take effect until the order is filed with the administrator.
Alaska Stat. § 39.25.130 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.130
Extension of partially exempt and classified services.
Status: in_force

(a) The personnel board, upon written recommendation of the commissioner of administration, may extend the partially exempt service to include any position in the classified service that, in the judgment of the board, (1) involves principal responsibility for the determination of policy;

(2) involves principal responsibility for the way in which policies are carried out; or

(3) involves responsibilities and duties of a type not susceptible to the ordinary recruiting and assessment procedures.

(b) Positions may not be included in the partially exempt service under this section if the inclusion is inconsistent with federal requirements for state agencies supported in whole or in part by federal funds.

(c) The personnel board, upon written recommendation of the commissioner of administration, may extend the classified service to include any position in the partially exempt service.

Article 3. Personnel Rules.
Alaska Stat. § 39.20.295 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.295
Special regulations on leave period.
Status: in_force

In accord with the procedures established in AS 39.20.320 , the Department of Administration shall adopt regulations defining and establishing a uniform beginning and a uniform concluding date for the 12-month periods applicable to leave use and accumulation by officers and employees of state government.
Alaska Stat. § 39.20.550 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.550
Definitions.
Status: in_force

In AS 39.20.500  39.20.550, (1) child means an individual who is (A) under 18 years of age; or

(B) 18 years of age or older and incapable of self-care because of mental or physical disability;

(2) employer means the state and a political subdivision of the state that employed at least 21 employees in the state for each working day during any period of 20 consecutive workweeks in the preceding two calendar years; employer does not include a regional Native housing authority created under AS 18.55.995  18.55.998;

(3) health care provider means a dentist licensed under AS 08.36 , a physician licensed under AS 08.64 , or a psychologist licensed under AS 08.86 ;

(4) parent means a biological or adoptive parent, a parent-in-law, or a stepparent;

(5) serious health condition means an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, or residential health care facility; or

(B) continuing treatment or continuing supervision by a health care provider;

(6) small employment facility means a facility of an employer that did not employ 21 or more employees during any period of 20 consecutive workweeks in the preceding two calendar years;

(7) state includes the University of Alaska, the Alaska Railroad, and the executive, legislative, and judicial branches of state government including public and quasi-public corporations and authorities established by law.
Alaska Stat. § 39.35.600 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.600
Eligible employees bound to plan.
Status: in_force

The eligible employees of a participating political subdivision or public organization are bound by the provisions of this plan and are entitled to the benefits provided under it.
Alaska Stat. § 39.35.660 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.660
Nonguarantee of employment.
Status: in_force

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 cause.
Alaska Stat. § 39.23.580 — AK Code / Title 39 / Chapter 39.23 / Section 39.23.580
Policy of the legislature.
Status: in_force

It is the policy of the legislature that the commission recommend an equitable rate and form of compensation, benefits, and allowances for legislators.
Alaska Stat. § 39.30.060 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.060
Regulations.
Status: in_force

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.
Alaska Stat. § 39.25.159 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.159
Employment preference for military, veterans, and their spouses and children.
Status: reserved

(a) A person who possesses the necessary qualifications for a position or job classification applied for under this chapter is entitled to an employment preference as follows: (1) in an assessment using numerical ratings, (A) points equal to five percent of the points available from the assessment device or devices shall be added to the passing score if the person is in active service, on furlough from active service, or discharged under honorable conditions from service in the armed forces of the United States, a reserve unit of the armed forces of the United States, the Alaska Territorial Guard, the Alaska Army National Guard, the Alaska Air National Guard, or the Alaska Naval Militia; or

(B) points equal to 10 percent of the points available from the assessment device or devices shall be added to the passing score if the person is (i) a disabled veteran;

(ii) a former prisoner of war;

(2) in an assessment not using numerical ratings, (A) consideration shall be afforded to (i) a person under (1)(A) of this subsection;

(ii) the spouse of a person under (1)(A) of this subsection;

(iii) a dependent child or, unless the surviving spouse has remarried, the surviving spouse of a person under (1)(B) of this subsection who died within the 10-year period immediately preceding the date of the assessment;

(B) an opportunity to interview for the position shall be afforded to a disabled veteran or a former prisoner of war.

(b) [Repealed, § 2 ch 56 SLA 1993.] (c) [Repealed, § 8 ch 54 SLA 2022.] (1) in an assessment using numerical ratings, points equal to five percent of the points available from the assessment device or devices shall be added to the passing score of a member of the national guard;

(2) in an assessment not using numerical ratings, consideration shall be afforded to a member of the national guard.

(d) A person may receive an employment preference under only one of the categories described in (a) of this section. A person may use the preference without limitation when being considered for a position for which persons who are not currently state employees are being considered. If the recruitment for a position is limited to state employees, preference under (a) of this section may not be counted. If a position in the classified service is eliminated, employees shall be released in accordance with rules adopted under AS 39.25.150 (13). In the case of a comparison of employees with equal qualifications based on the factors adopted under AS 39.25.150 (13), an employee who is eligible for an employment preference under (a) of this section shall be given preference over an employee who is not eligible for a preference under (a) of this section and shall be kept on the job.

(e) Subsections (a) and (d) of this section may not be interpreted to amend the terms of a collective bargaining agreement.

(f) In this section, (1) consideration means reviewing a person's entire application in order to determine whether the person should be selected, rejected, or admitted to further steps in the assessment or selection process;

(2) dependent child means a natural child, stepchild, or adopted child who is (A) permanently disabled; or

(B) under (i) 19 years of age; or

(ii) 23 years of age and registered at and attending on a full-time basis an accredited educational or technical institution recognized by the Department of Education and Early Development;

(3) disabled veteran means a veteran who is entitled to compensation under laws administered by the United States Department of Veterans Affairs, a person who was honorably discharged or released from active duty because of a service-connected disability, or a person who was disabled in the line of duty while serving in the Alaska Territorial Guard;

(4) member of the national guard means a person who (A) is presently serving as a member in good standing in the national guard; or

(B) was released from service in the national guard under honorable conditions;

(5) prisoner of war means a person who has been a prisoner of war during a declared war or other conflict as determined by the Department of Defense under federal regulations;

(6) veteran means a person (A) with 181 days or more active service in the armed forces of the United States who has been honorably discharged after having served during any period (i) between April 6, 1917, and December 1, 1919, between September 16, 1940, and December 31, 1947, between June 27, 1950, and October 14, 1976, between August 2, 1990, and January 2, 1992, beginning September 11, 2001, and ending on the day prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom, or during any time period listed in 5 U.S.C. 2108(1); or

(ii) in which the person was awarded a campaign badge, expedition medal, the Purple Heart, or an award or decoration for heroism or gallantry in action;

(B) who served 181 days or more in the Alaska Territorial Guard.

Article 4. Prohibitions.
Alaska Stat. § 39.25.010 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.010
Purpose of chapter.
Status: in_force

(a) It is the purpose of this chapter to establish a system of personnel administration based upon the merit principle and adapted to the requirements of the state to the end that persons best qualified to perform the functions of the state will be employed, and that an effective career service will be encouraged, developed, and maintained.

(b) The merit principle of employment includes the following: (1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;

(2) regular integrated salary programs based on the nature of the work performed;

(3) retention of employees with permanent status on the basis of the adequacy of their performance, reasonable efforts of temporary duration for correction in inadequate performance, and separation for cause;

(4) equal treatment of applicants and employees with regard only to consideration within the merit principles of employment; and

(5) selection and retention of an employee's position secure from political influences.
Alaska Stat. § 39.52.130 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.130
Improper gifts.
Status: in_force

(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, under circumstances in which it could reasonably be inferred that the gift is intended to influence the performance of official duties, actions, or judgment. A gift from a person required to register as a lobbyist under AS 24.45.041 to a public officer or a public officer's immediate family member is presumed to be intended to influence the performance of official duties, actions, or judgment unless the giver is an immediate family member of the person receiving the gift.

(b) Notice of the receipt by a public officer of a gift with a value in excess of $150, including the name of the giver and a description of the gift and its approximate value, must be provided to the designated supervisor within 30 days after the date of its receipt (1) if the public officer may take or withhold official action that affects the giver; or

(2) if the gift is connected to the public officer's governmental status.

(c) In accordance with AS 39.52.240 , a designated supervisor may request guidance from the attorney general concerning whether acceptance of a particular gift is prohibited.

(d) The restrictions relating to gifts imposed by this section do not apply to a campaign contribution to a candidate for elective office if the contribution complies with laws and regulations governing elections and campaign disclosure.

(e) A public officer who, on behalf of the state, accepts a gift from another government or from an official of another government shall, within 60 days after its receipt, notify the Office of the Governor in writing. The Office of the Governor shall determine the appropriate disposition of the gift. In this subsection, another government means a foreign government or the government of the United States, another state, a municipality, or another jurisdiction.

(f) A public officer who knows or reasonably ought to know that a family member has received a gift because of the family member's connection with the public office held by the public officer shall report the receipt of the gift by the family member to the public officer's designated supervisor if the gift would have to be reported under this section if it had been received by the public officer or if receipt of the gift by a public officer would be prohibited under this section.
Alaska Stat. § 39.35.760 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.760
Rollover contributions and distributions.
Status: in_force

(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 contributions do not count as a purchase of membership service for the purpose of determining years of service.

(c) 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.

(d) In this section, (1) direct rollover means the payment of an eligible rollover distribution by the plan to an eligible retirement plan specified by a distributee who is eligible to elect a direct rollover;

(2) distributee means a member, or a beneficiary who is the surviving spouse of the member, or an alternate payee;

(3) eligible retirement plan means (A) an individual retirement account described in 26 U.S.C. 408(d)(3)(A);

(B) an annuity plan described in 26 U.S.C. 403(a);

(C) a qualified trust described in 26 U.S.C. 401(a);

(D) an annuity plan described in 26 U.S.C. 403(b);

(E) a governmental plan described in 26 U.S.C. 457(b);

(F) an individual retirement annuity defined in 26 U.S.C. 408(b); or

(G) on or after January 1, 2008, a Roth IRA described in 26 U.S.C. 408A;

(4) eligible rollover distribution means a distribution of all or part of a total account to a distributee, except for (A) a distribution that is one of a series of substantially equal installments payable not less frequently than annually over the life expectancy of the distributee or the joint and last survivor life expectancy of the distributee and the distributee's designated beneficiary, as defined in 26 U.S.C. 401(a)(9);

(B) a distribution that is one of a series of substantially equal installments payable not less frequently than annually over a specified period of 10 years or more;

(C) a distribution that is required under 26 U.S.C. 401(a)(9);

(D) the portion of any distribution that is not includable in gross income; however, a portion under this subparagraph may be transferred only to an individual retirement account or annuity described in 26 U.S.C. 408(a) or (b), to a qualified plan described in 26 U.S.C. 401(a) or 403(a), or to an annuity contract described in 26 U.S.C. 403(b), that agrees to separately account for amounts transferred, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not includable in gross income; and

(E) other distributions that are reasonably expected to total less than $200 during a year.
Alaska Stat. § 39.35.290 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.290
Regulations governing transmittal of employer contributions.
Status: in_force

The commissioner shall adopt regulations to ensure the orderly and efficient transmittal of employer contributions.
Alaska Stat. § 39.35.160 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.160
Amount of employee contributions.
Status: reserved

(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 employee shall contribute to the plan an amount equal to six and three-quarters percent of the employee's compensation. The contributions shall be deducted by the employer at the end of each payroll period. The contributions shall be deducted from employee compensation before computation of applicable federal taxes, and the contributions shall be treated as employer contributions under 26 U.S.C. 414(h)(2). A member may not have the option of making the payroll deduction directly instead of having the contribution picked up by the employer.

(b) [Repealed, § 6 ch 135 SLA 1980 and § 39 ch 146 SLA 1980.] (c) An employee who has made an election under AS 39.35.300 (c) or 39.35.310(c) to have the employee's years of service as a noncertificated employee of a state boarding school, of a school district or regional educational attendance area, of the special education service agency, or of the Alaska Vocational Technical Center determined by reference to AS 14.25.220 shall pay a contribution surcharge for that service. The amount of the surcharge is the difference between the amount the employer would have had to contribute under AS 39.35.255  39.35.290 for the employee when treating the employee's credited service as service earned under AS 39.35.300 (c) or 39.35.310(c) less the amount the employer would have had to contribute under AS 39.35.255  39.35.290 without treating the employee's credited service as service earned under AS 39.35.300 (c) or 39.35.310(c).

(d) The employer of a member who is employed by a school district, a regional educational attendance area, or a state boarding school who is assaulted while on the job and who, as a result of a physical injury from the assault, is placed on unpaid leave of absence or is receiving benefits under AS 23.30 , shall pay the member's contributions under this section while the member is, as a result of the on-the-job injury, on unpaid leave or receiving the benefits under AS 23.30 .
Alaska Stat. § 39.50.100 — AK Code / Title 39 / Chapter 39.50 / Section 39.50.100
Enforcement by private citizens.
Status: in_force

(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.
Alaska Stat. § 39.05.090 — AK Code / Title 39 / Chapter 39.05 / Section 39.05.090
Time limits in AS 39.05.080.
Status: in_force

The time limitations concerning the submission and resubmission of names as prescribed in AS 39.05.080 do not apply to those appointments that by law require recommendations by professional groups.
Alaska Stat. § 39.05.200 — AK Code / Title 39 / Chapter 39.05 / Section 39.05.200
Definitions.
Status: in_force

In this chapter, (1) confirmation means confirmation or approval by the legislature of a name submitted for appointment to a position or membership;

(2) position or membership means an executive position or membership on a state board, commission, authority, council, or committee that by law requires appointment by the governor and confirmation by the legislature.
Alaska Stat. § 39.30.310 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.310
Purpose and effective date.
Status: in_force

(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.
Alaska Stat. § 39.52.180 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.180
Restrictions on employment after leaving state service.
Status: in_force

(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 officer participated personally and substantially through the exercise of official action. For the purposes of this subsection, matter includes a case, proceeding, application, contract, determination, proposal or consideration of a legislative bill, a resolution, a constitutional amendment, or other legislative measure, or proposal, consideration, or adoption of an administrative regulation.

(b) This section does not prohibit an agency from contracting with a former public officer to act on a matter on behalf of the state.

(c) The head of an agency may waive application of (a) of this section after determining that representation by a former public officer is not adverse to the public interest. The waiver must be in writing and a copy of the waiver must be provided to the attorney general for approval or disapproval.

(d) An individual who formerly held a position listed in this subsection may not engage in activity as a lobbyist under AS 24.45 for a period of one year after leaving that position. This subsection does not prohibit service as a volunteer lobbyist described in AS 24.45.161 (a)(1) or a representational lobbyist as defined under regulations of the Alaska Public Offices Commission. This subsection applies to the position of (1) governor;

(2) lieutenant governor;

(3) head or deputy head of a principal department in the executive branch;

(4) director of a division or legislative liaison within a principal department in the executive branch;

(5) legislative liaison, administrative assistant, or other employee of the Office of the Governor or Office of the Lieutenant Governor in a policy-making position;

(6) member of a state board or commission that has the authority to adopt regulations, other than a board or commission named in AS 08.01.010 ;

(7) member of the governing board and executive officer of a state public corporation.

(e) A former head of a principal department in the executive branch may not, for a period of one year after leaving service as the head of that department, serve on the governing board of a company, organization, or other entity that was regulated by that department or with which the former department head worked as part of an official duty as the department head. A former employee of the Office of the Governor in a policy-making position may not, for a period of one year after leaving employment in that office, serve on the governing board of a company, organization, or other entity with which the former employee worked as part of an official duty for the Office of the Governor.

(f) In this section, employee of the Office of the Governor in a policy-making position means a person who is an employee required, because of the person's position in the Office of the Governor, to file a statement under AS 39.50.020 .
Alaska Stat. § 39.35.153 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.153
Army and air national guard employees.
Status: in_force

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 federal government may legally contribute to the system is lower than the required employer's contribution, the state government shall contribute the difference. If the employer's contributions are not paid when due, service credit for the period of delinquency may not be granted until the contributions are paid.
Alaska Stat. § 39.50.050 — AK Code / Title 39 / Chapter 39.50 / Section 39.50.050
Administration and inspection.
Status: reserved

(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 shall print the forms provided under this section so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page. The commission shall require that the information required under this chapter be submitted electronically but may, when circumstances warrant an exception, accept any information required under this chapter that is typed in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission and that is filed with the commission. A municipal officer for a municipality with a population of less than 15,000 shall submit information required under this chapter either electronically or typed or hand-printed in the manner described in this subsection.

(b) The commission shall adopt regulations to implement and interpret the provisions of this chapter. Regulations or interpretation shall be within the intent and purpose of this chapter and are subject to judicial review under AS 44.62 (Administrative Procedure Act).

(c) Reports filed under this chapter shall be kept on file for at least six years and are public records.

(d) [Repealed, § 35 ch 126 SLA 1994.]
Alaska Stat. § 39.35.890 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.890
Occupational disability benefits and reemployment of disabled employees.
Status: in_force

(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 of the month following termination of employment as a result of the disability and are payable the last day of the month. If a final determination granting the benefit is not made in time to pay the benefit when due, a retroactive payment shall be made to cover the period of deferment. The last payment shall be for the first month in which the disabled employee (1) dies;

(2) recovers from the disability;

(3) fails to meet the requirements under (f), (j), or (m) of this section; or

(4) reaches normal retirement age.

(c) If the disabled employee becomes ineligible to receive occupational disability benefits before the normal retirement date, the disabled employee shall then be entitled to receive retirement benefits if the employee would have been eligible for the benefit had employment continued during the period of disability. The period of disability constitutes membership service in regard to determining eligibility for retirement.

(d) The monthly amount of an occupational disability benefit is 40 percent of the disabled employee's gross monthly compensation at the time of termination due to disability. Notwithstanding AS 39.35.790 (b), at the time a member is appointed to disability, the member becomes fully vested in the employer contributions made under AS 39.35.750 (a). A disabled member is fully vested in the contributions to the member's individual account made under this subsection. An employee is not entitled to elect distributions from the employee's individual contribution account under AS 39.35.810 while the employee is receiving disability benefits under this section. While an employee is receiving disability benefits, based on the disabled employee's gross monthly compensation at the time of termination due to disability, the employer shall make contributions (1) to the employee's individual account under AS 39.35.730 on behalf of the employee, without deduction from the employee's disability payments; and

(2) on behalf of the employee under AS 39.35.750 .

(e) An employee is not entitled to an occupational disability benefit unless the employee files an application for an occupational disability benefit with the administrator within 90 days after the date of terminating employment. If the employee is unable to meet a filing requirement of this subsection, the filing requirement may be waived by the administrator if there are extraordinary circumstances that resulted in the employee's inability to meet the filing requirement.

(f) A disabled employee receiving an occupational disability benefit shall undergo a medical examination as often as the administrator considers advisable, but not more frequently than once each year. The administrator shall determine the place of the examination and engage the physician or physicians. If, in the judgment of the administrator, the examination indicates that the retired employee is no longer incapacitated because of a total and apparently permanent occupational disability, the administrator may not issue further disability benefits to the employee.

(g) A disabled employee's occupational disability benefit terminates the last day of the month in which the disabled employee first qualifies for normal retirement. At that time, the employee's retirement benefit shall be determined under the provisions of AS 39.35.820  39.35.840, 39.35.870, and 39.35.880. An employee whose occupational disability benefit terminates under this subsection shall be considered to have retired directly from the plan.

(h) Notwithstanding (g) of this section, at the time a peace officer or firefighter receiving occupational disability benefits under this section first attains eligibility for normal retirement, the employee shall irrevocably elect to receive retirement benefits in the amount calculated as the (1) employee's retirement benefit calculated under the provisions of AS 39.35.820  39.35.840; or

(2) employee's retirement benefit calculated as if the provisions of AS 39.35.370 (c) were to apply; however, pension benefits paid under this paragraph must be paid first from the peace officer's or firefighter's individual contribution account, and the remaining benefits must be paid from the trust account established under AS 39.35.750 (e); the peace officer or firefighter may not elect other distributions from the peace officer's or firefighter's individual contribution account under AS 39.35.810 .

(i) Notwithstanding (b)(3) of this section, a peace officer or firefighter who retires under (h) of this section is not subject to the requirements of (f) or (j) of this section during retirement.

(j) An employee appointed to disability benefits shall apply to the division of vocational rehabilitation within 30 days after the date disability benefits commence. The employee shall be enrolled in a rehabilitation program if the employee meets the eligibility requirements of the division of vocational rehabilitation. Unless the employee demonstrates cause, benefits shall terminate at the end of the first month in which a disabled employee (1) fails to report to the division of vocational rehabilitation;

(2) is certified by the division of vocational rehabilitation as failing to cooperate in a vocational rehabilitation program;

(3) fails to interview for a job; or

(4) fails to accept a position offered.

(k) Upon the death of a disabled employee who is receiving or is entitled to receive an occupational disability benefit, the administrator shall pay the surviving spouse a surviving spouse's pension, equal to 40 percent of the employee's monthly compensation at the time of termination of employment because of occupational disability. If there is no surviving spouse, the administrator shall pay the survivor's pension in equal parts to the dependent children of the employee. While the monthly survivor's pension is being paid, the survivor is not entitled to elect distributions from the employee's individual contribution account under AS 39.35.810 . The first payment of the surviving spouse's pension or of a dependent child's pension shall accrue from the first day of the month following the employee's death and is payable the last day of the month. The last payment shall be made the last day of the last month in which there is an eligible surviving spouse or dependent child, or the last day of the month in which the employee would have first qualified for normal retirement if the employee had survived, whichever day is sooner. A retirement benefit shall be determined under the provisions of AS 39.35.820  39.35.840, 39.35.870, and 39.35.880 based on the date the employee would have first qualified for normal retirement if the employee had survived. In addition to payment of the member's individual account, the surviving spouse or, if there is no surviving spouse, the surviving dependent children of the member, shall receive an additional benefit in an amount equal to the accumulated contributions that would have been made to the deceased member's individual account under AS 39.35.730 (a) and 39.35.750(a), based on the deceased member's gross monthly compensation at the time of occupational disability, from the time of the member's death to the date the member would have first qualified for normal retirement if the member had survived. Earnings shall be allocated to the additional benefit calculated under this subsection based on the actual rate of return, net of expenses, of the trust account established under AS 39.35.750 (e) over the period that the contributions would have been made. This additional amount and allocated earnings shall be paid in the same manner as determined for the member's individual account under AS 39.35.820  39.35.860 to the extent permitted by the Internal Revenue Service. For the purpose of determining eligibility of an employee's survivor who is receiving a benefit under this subsection for medical benefits under AS 39.35.870  39.35.880, an employee who died while receiving disability benefits shall be considered to have retired directly from the plan on the date the employee would have first qualified for normal retirement if the employee had survived. The period during which the employee was eligible for a disability benefit and the period during which a survivor's pension is paid to a survivor under this subsection each constitute membership service for the purposes of determining eligibility for medical benefits under AS 39.30.300  39.30.495 and AS 39.35.700  39.35.990.

(l) While a survivor under (k) of this section is receiving a survivor's pension, the employer of the deceased employee shall make contributions with respect to the survivor based on the deceased employee's gross monthly compensation at the time of termination due to disability (1) that would have been paid to the employee's individual account under AS 39.35.730 and 39.35.750(a), to the trust account established under AS 39.35.750 (e), without deduction from the survivor's pension; and

(2) to the appropriate accounts and funds under AS 39.35.750 (b)  (e).

(m) In this section, occupational disability means a physical or mental condition that the administrator determines presumably permanently prevents an employee from satisfactorily performing the employee's usual duties or the duties of another comparable position or job available to the employee and for which the employee is qualified by training or education; however, the proximate cause of the condition must be a bodily injury sustained, or a hazard undergone, while in the performance and within the scope of the employee's duties and not the proximate result of the wilful negligence of the employee.
Alaska Stat. § 39.52.440 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.440
Civil penalties.
Status: in_force

The personnel board may impose on a current or former public officer civil penalties not to exceed $5,000 for a violation of this chapter. A penalty imposed under this section is in addition to and not instead of any other penalty that may be imposed according to law.
Alaska Stat. § 39.30.154 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.154
Powers and duties of the administrator.
Status: in_force

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.
Alaska Stat. § 39.35.400 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.400
Nonoccupational disability benefits.
Status: in_force

(a) An employee is eligible for a nonoccupational disability benefit if the employee's employment is terminated because of a total and apparently permanent nonoccupational disability, as defined in AS 39.35.680 , before the employee's normal retirement date and after five or more years of credited service. A member is not entitled to a nonoccupational disability benefit under this section unless the member files an application for the benefit with the administrator within 90 days after the member terminated employment. The board may waive a filing deadline if there are extraordinary circumstances that resulted in the inability to meet the deadline. The board may delegate the authority to waive a filing deadline under this subsection to the administrator.

(b) The nonoccupational disability benefits accrue beginning the first day of the month following termination of employment as a result of the disability and are payable the last day of the month. If a final determination granting the benefit is not made in time to pay the benefit when due, a retroactive payment shall be made to cover the period of deferment. The last payment shall be for the first month in which the disabled employee (1) dies;

(2) recovers from disability;

(3) fails to meet the requirements under (e) of this section or under AS 39.35.415 ; or

(4) reaches normal retirement age.

(c) If the disabled employee becomes ineligible to receive nonoccupational disability benefits, the employee is entitled to receive a normal or early retirement benefit if the employee would have been eligible for the benefit had employment continued during the period of disability. However, the period of disability does not constitute credited service.

(d) The monthly amount of the nonoccupational disability benefit shall be determined in accordance with AS 39.35.370 (c), considering the employee's credited service and compensation before termination of employment.

(e) A disabled employee receiving a nonoccupational disability benefit shall provide the administrator, one year after appointment to disability benefits and once each year thereafter until disability benefits cease, proof of continuing eligibility to receive disability payments under the Social Security Act. If the disabled employee is otherwise ineligible for a social security payment, the employee shall provide the administrator with sufficient medical evidence once each year to demonstrate that disability payments under the Social Security Act would be payable had the employee been otherwise eligible. If the disabled employee fails to provide the administrator with evidence of continuing eligibility for disability payments under the Social Security Act or other medical evidence required by the administrator within 30 days following each anniversary date, the disability benefits from the plan shall cease. If that information is subsequently provided to the administrator, benefit payments will resume beginning for the month following that in which the information is provided. When disability payments under the Social Security Act cease, it is the responsibility of the disabled employee to notify the administrator immediately.

(f) A disabled employee's nonoccupational disability benefit terminates when the employee first attains eligibility for normal retirement. At that time, retirement benefits will be calculated under AS 39.35.370 (c).
Alaska Stat. § 39.20.130 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.130
Mileage allowance.
Status: in_force

Officials and employees of state agencies shall, under regulations adopted by the commissioner of administration, and whenever the mode of transportation is authorized or approved as more advantageous to the state, be paid an amount, instead of actual expenses of transportation, not to exceed a mileage allowance set by the commissioner of administration for the use of privately-owned automobiles or airplanes, when engaged in official travel inside or outside their designated posts of duty or places of service. In addition to the mileage allowance, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. When two or more officials or employees are traveling in the same direction, and it is possible to share a privately-owned automobile or airplane, the mileage permitted shall be allowed only once.
Alaska Stat. § 39.20.360 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.360
Order of payment.
Status: in_force

All unpaid compensation due to a deceased employee of the state at the time of death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment is a bar to recovery by any other person of amounts so paid: (1) to the beneficiary or beneficiaries designated by the employee in writing to receive the compensation filed with Department of Administration at the time of death; if more than one beneficiary is designated, each shall share equally unless the employee specifies a different allocation or preference;

(2) if there is no beneficiary designated, to the surviving spouse;

(3) if there is no beneficiary or surviving spouse, to the employee's child or children and descendants of deceased children by representation;

(4) if none of the above, to the employee's parents, or the survivor of them;

(5) if none of the above, to the legal representative of the employee's estate, or if there is none, to the person determined to be entitled under the laws of the employee's domicile.
Alaska Stat. § 39.35.480 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.480
Cost-of-living allowance.
Status: in_force

(a) While residing in the state, a person receiving a benefit under AS 39.35.095  39.35.680 who is 65 years of age or older or who is receiving a disability benefit is entitled to receive a monthly cost-of-living allowance in addition to the basic benefit. The amount of this allowance shall be $50 or 10 percent of the basic benefit, whichever is greater.

(b) A person receiving a cost-of-living allowance under this section shall notify the administrator when the person expects to be absent from the state for a continuous period that exceeds 90 days. After that notification, the person is no longer entitled to receive the monthly cost-of-living allowance, except that a person may be absent from the state for not more than six months without loss of the cost-of-living allowance if the absence is the result of illness and required by order of a licensed physician. Upon returning to the state, and upon notification to the administrator, the person is again entitled to receive the monthly cost-of-living allowance, commencing with the first monthly benefit payment made after notification of the person's return.

(c) While residing in the state, a public employee of the Territory of Alaska who participated in the Public Employees' Retirement Act established by ch. 41 SLA 1949, and who retired before June 22, 1951, is entitled to the cost-of-living allowance equal to 25 percent of the amount received under ch. 41 SLA 1949.

(d) For purposes of this section, residing in the state means domiciled and physically present in the state. A person's status as residing in the state does not change if the person is absent from the state for a continuous period of (1) 90 days or less;

(2) six months or less, when ordered by a physician to be absent from the state; or

(3) any length of time while the person is a member of a reserve or auxiliary component of the armed forces of the United States, including the organized militia of Alaska, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force, and is called to active duty by the appropriate state or federal authority.
Alaska Stat. § 39.25.158 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.158
Reemployment rights for injured state employees.
Status: in_force

(a) An injured employee is eligible for reemployment rights under this section if the employee requests to return to work for the state within 30 days after receipt of a release from a physician indicating that the employee is able to return to full or modified work.

(b) After an employee requests to return to work, the reemployment benefits administrator of the division of workers' compensation or the director of vocational rehabilitation in the Department of Labor and Workforce Development shall review the request and certify that the employee is able to return to work under (c), (d), (e), or (f) of this section, or defer certification until the employee completes retraining under (f) of this section.

(c) If the reemployment benefits administrator or the director of vocational rehabilitation certifies that the employee is able to perform the tasks assigned to the employee's former position, the agency shall reemploy the employee within 30 days after receipt of the certification unless the position no longer exists. If a permanent, probationary, or provisional employee is currently employed in the position, the agency shall cause a vacancy under the layoff provisions of AS 39.25.150 (13).

(d) If the employee is not eligible for reemployment under (c) of this section but is able to perform the essential functions of the position, then the agency shall reemploy the employee in the position after making a reasonable accommodation to the physical and mental limitations of the employee unless the position no longer exists. Reasonable accommodation may include imposing work restrictions on the tasks performed by the employee, making job or site modifications necessary to permit the employee to perform the tasks of the position, removing institutional and architectural barriers, and providing additional support services.

(e) If the employee is not eligible for reemployment under (c) or (d) of this section and if the agency has a vacant position for which the employee is qualified that is comparable in wage to the position the employee previously held, then the agency shall offer the employee the position. If the employee is unable to perform the essential functions of a comparable position within the agency, then the employee is entitled to reemployment in a comparable position for which the employee is qualified with another agency if the position is vacant and the employee is able to perform the essential functions of that position.

(f) If the agency and other agencies in the state are unable to reemploy the employee in a position at a wage comparable to the employee's previous wage, the employee may request reemployment at a lower wage or accept retraining under AS 23.30.041 . After completing the training the employee may request reemployment in a position for which the employee has been retrained in the agency. If the agency cannot offer reemployment, the employee may request reemployment in a position for which the employee has been retrained with another agency.

(g) An agency may refuse to reemploy or continue the employment of a former employee if reasonable accommodation imposes an undue hardship on the operation of the agency's program or if, after reasonable efforts at accommodation, the injured employee cannot perform the essential functions of the position in a manner that would not endanger the health or safety of (1) the employee because the job imposes an imminent and substantial degree of risk to the employee; or

(2) others to a greater extent than if a nonhandicapped person performed the job.

(h) Factors an agency may consider in determining undue hardship under (g) of this section include the current number of employees in the section or office, number and type of facilities, size of budget, nature and cost of the accommodation needed, and the type, composition, and structure of the work force.

(i) Notwithstanding any other provision of law, if an injured employee requests reemployment under (e) or (f) of this section and if the employee is able to perform the essential functions of the position, the state may not hire another person for that position except an employee in layoff status for that job class.

(j) A collective bargaining agreement under AS 23.40.070  23.40.260 may not include terms contrary to this section.

(k) In this section, (1) agency includes a department, division, office, agency, board, commission, authority, or other organizational unit of the executive branch of state government;

(2) comparable wage means a wage equivalent to at least the state minimum wage under AS 23.10.065 or 75 percent of the worker's gross hourly wage at the time of injury, whichever is greater;

(3) injured employee or employee means a permanent, probationary, or provisional employee of an agency in the classified service whose injury is a compensable injury or condition under AS 23.30 .
Alaska Stat. § 39.90.140 — AK Code / Title 39 / Chapter 39.90 / Section 39.90.140
Definitions.
Status: in_force

In AS 39.90.100  39.90.150, (1) employee or public employee means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for a public employer;

(2) employer or public employer includes the state, a public or quasi-public corporation or authority established by state law, the University of Alaska, and a political subdivision of the state including a municipality, school district, and regional educational attendance area;

(3) matter of public concern means (A) a violation of a state, federal, or municipal law, regulation, or ordinance;

(B) a danger to public health or safety;

(C) gross mismanagement, a substantial waste of funds, or a clear abuse of authority;

(D) a matter accepted for investigation by the office of the ombudsman under AS 24.55.100 or 24.55.320; or

(E) interference or any failure to cooperate with an audit or other matter within the authority of Legislative Budget and Audit Committee;

(4) public body includes an officer or agency of (A) the federal government;

(B) the state;

(C) a political subdivision of the state including (i) a municipality;

(ii) a school district; and

(iii) a regional educational attendance area;

(D) a public or quasi-public corporation or authority established by state law including the Alaska Railroad Corporation; and

(E) the University of Alaska.
Alaska Stat. § 39.20.110 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.110
Per diem allowance.
Status: in_force

Officials and employees of the state agencies, while traveling on official business and away from their designated post of duty, shall be allowed, instead of their actual expenses for subsistence and all fees or tips, a per diem allowance to be prescribed by the commissioner of administration under the regulatory authority set out in AS 39.20.160 , and in consultation with the head of the agency concerned.
Alaska Stat. § 39.35.095 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.095
Applicability of AS 39.35.095  39.35.680.
Status: in_force

The following provisions of this chapter apply only to members first hired before July 1, 2006: AS 39.35.095  39.35.680.
Alaska Stat. § 39.25.995 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.995
Short title.
Status: in_force

This chapter may be cited as the State Personnel Act.
Alaska Stat. § 39.52.360 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.360
Hearings.
Status: in_force

(a) The hearing officer may convene a prehearing conference to set a time and place for the hearing, and for stipulation as to matters of fact and to simplify issues, identify and schedule prehearing matters, and resolve other similar matters before the hearing.

(b) The hearing officer may administer oaths, hold hearings, and take testimony. Upon application by a party to the hearing, the hearing officer may issue subpoenas under AS 39.52.380 .

(c) The attorney general shall present the charges before the hearing officer. At a hearing, the attorney general has the burden of demonstrating by a preponderance of the evidence that the subject of the accusation has, by act or omission, violated this chapter.

(d) The parties to a hearing are the attorney general and the subject of the accusation. The subject of an accusation may be represented by counsel. Each party has an opportunity to be heard and cross-examine witnesses, who shall testify under oath.

(e) The Administrative Procedure Act does not apply to hearings under this section, except as provided in AS 39.52.380 .

(f) Technical rules of evidence do not apply, but the hearing officer's findings must be based upon reliable and relevant evidence. All testimony and other evidence taken at the hearing must be recorded and the evidence maintained. Copies of transcripts of the hearing record are available to the subject of the accusation at the subject's expense; however, upon request, a copy of the recording of the hearing must be furnished without charge to the subject of the accusation.

(g) At the conclusion of the formal hearing, the hearing officer may direct either or both parties to submit proposed findings of fact, conclusions of law, and recommendation to be filed within 10 days after the conclusion of the hearing.

(h) Within 30 days after the conclusion of a formal hearing, the hearing officer shall serve a written report on the personnel board and the parties, unless the personnel board grants an extension of time. The report must contain the officer's findings of fact, conclusions of law, and recommendation. The hearing officer shall submit the record to the personnel board.
Alaska Stat. § 39.35.003 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.003
Administrator.
Status: in_force

(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.
Alaska Stat. § 39.25.990 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.990
Definitions.
Status: in_force

In this chapter, (1) fraud means for a person to knowingly (A) create or confirm another's false impression which the person does not believe to be true, including false impressions as to law or value and false impressions as to intention or other state of mind;

(B) fail to correct another's false impression which the person previously has created or confirmed;

(C) prevent another from acquiring pertinent information;

(2) knowingly means for a person to be aware with respect to conduct or to a circumstance described by a provision of law that the person's conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is required, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist;

(3) precinct means the territory within which resident voters may cast votes at one polling place;

(4) state employee means a person employed by the state who is paid a wage or salary, but does not include a person hired by the state to work as an independent contractor or a person who is in the custody of the state.
Alaska Stat. § 39.15.060 — AK Code / Title 39 / Chapter 39.15 / Section 39.15.060
Number of sureties.
Status: in_force

Unless expressly provided otherwise, each official bond shall have at least two individual sureties or one corporate surety.
Alaska Stat. § 39.05.035 — AK Code / Title 39 / Chapter 39.05 / Section 39.05.035
Commission of office.
Status: in_force

After each appointment of a state officer, the governor shall execute a commission, which states that the person to whom it is issued is appointed and sets out the office to and the term for which the officer is appointed. The attorney general shall prescribe the form of the commission.
Alaska Stat. § 39.35.385 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.385
Conditional service retirement benefits.
Status: in_force

(a) Subject to AS 39.35.450 , an employee is eligible for a normal retirement benefit at age 60 with at least two years of credited service if the employee also is eligible for a normal retirement salary under AS 14.25 (teachers' retirement system).

(b) Subject to AS 39.35.450 , an employee is eligible for an early retirement benefit at age 55 with at least two years of credited service if the employee also is eligible for an early retirement salary under AS 14.25 (teachers' retirement system).

(c) Credited service for which contributions were refunded is not creditable under this section.

(d) The monthly amount of a conditional service retirement benefit shall be calculated on the years of fully paid credited service in accordance with AS 39.35.370 (c), except that the member may irrevocably elect to substitute one-twelfth of the average base salary as defined in AS 14.25.220 (5) in place of average monthly compensation.

(e) Benefits payable under this section accrue from the first day of the month (1) in which the member meets the eligibility requirements of this section, (2) following the date of termination, and (3) following application for retirement, and are payable the last day of the month. If payment is delayed, a retroactive payment shall be made to cover the period of deferment. The last payment shall be made for the month in which the member dies or is no longer eligible for a benefit under this section.

(f) Subject to AS 39.35.450 , an employee is eligible for a normal retirement benefit at age 60 or an early retirement benefit at age 55 if the employee was first hired as a legislative employee before May 30, 1987, and has at least 60 days of credited service as an employee of the legislature, other than as an employee of the Office of the Ombudsman or the office of victims' rights, during each of five legislative sessions. An employee who was first hired as a legislative employee on or after May 30, 1987, and is otherwise eligible under this subsection must have at least 80 days of credited service during each of five legislative sessions to receive benefits under this subsection.
Alaska Stat. § 39.52.940 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.940
Construction.
Status: in_force

This chapter shall be construed to promote high standards of ethical conduct in state government.
Alaska Stat. § 39.30.370 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.370
Contributions by employers.
Status: in_force

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' retirement system and public employees' retirement system. The administrator shall maintain a record for each member to account for employer contributions on behalf of that member. The board shall establish by regulation the rate of interest to be applied annually to the amount in a member's individual account.
Alaska Stat. § 39.90.010 — AK Code / Title 39 / Chapter 39.90 / Section 39.90.010
Obstruction of access to public information.
Status: in_force

(a) A public employee may not be dismissed, demoted, suspended, laid off, or otherwise made subject to any disciplinary action for communicating matters of public record or information under AS 40.25.110 and 40.25.120.

(b) In this section, public employee means any employee receiving compensation for services provided to the state, including the University of Alaska, or any political subdivision of the state.

(c) A violation of this section is a misdemeanor.
Alaska Stat. § 39.28.080 — AK Code / Title 39 / Chapter 39.28 / Section 39.28.080
Access to confidential records.
Status: in_force

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 personnel may make public statistical information compiled from confidential records.
Alaska Stat. § 39.30.340 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.340
Powers and duties of the administrator.
Status: in_force

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 retiree health care trust established under AS 39.30.097 (b). The administrator has the same powers and duties with regard to the plan and the trust fund as provided in AS 14.25.003 and 14.25.004.
Alaska Stat. § 39.35.970 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.970
North Pacific Fishery Management Council employees.
Status: in_force

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  39.35.990) if the council pays the employer's contributions. If the employer's contributions are not paid when due, credited service for the period of delinquency may not be granted until the contributions are paid.
Alaska Stat. § 39.52.260 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.260
Designated supervisor's report and attorney general review.
Status: in_force

(a) A designated supervisor shall quarterly submit a report to the attorney general which states the facts, circumstances, and disposition of any disclosure made under AS 39.52.210  39.52.240.

(b) The attorney general shall review determinations reported under this section. The attorney general may request additional information from a supervisor concerning a specific disclosure and its disposition.

(c) The report prepared under this section is confidential and not available for public inspection unless formal proceedings under AS 39.52.350 are initiated based on the report. If formal proceedings are initiated, the relevant portions of the report are public documents open to inspection. The attorney general shall, however, make available to the public a summary of the reports received under this section, with sufficient deletions to prevent disclosure of a person's identity.

(d) The attorney general shall submit to the personnel board a copy of the quarterly reports received from designated supervisors under (a) of this section together with a report on the attorney general's review conducted under (b) of this section.
Alaska Stat. § 39.20.070 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.070
Subsequent legislation relating to AS 39.20.050 and 39.20.060.
Status: in_force

AS 39.20.050 and 39.20.060 are not superseded or modified by any subsequent legislation except to the extent that the legislation does so expressly.
Alaska Stat. § 39.15.080 — AK Code / Title 39 / Chapter 39.15 / Section 39.15.080
Release of sureties.
Status: in_force

A surety on an official bond may be released from liability accruing after proceedings are taken under AS 39.15.090 .
Alaska Stat. § 39.45.040 — AK Code / Title 39 / Chapter 39.45 / Section 39.45.040
Additional benefits.
Status: in_force

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 system.
Alaska Stat. § 39.20.500 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.500
Employment benefits and privileges for health and family care.
Status: in_force

(a) An employer shall grant an employee whose health is affected by pregnancy, childbirth, or a related medical condition the same employment benefits and privileges that the employer grants to other employees with similar ability to work who are not so affected, including allowing the employee to take disability or sick leave or other accrued leave that the employer makes available to temporarily disabled employees.

(b) An employee is eligible to take family leave if the employee has been employed by the employer for at least 35 hours a week for at least six consecutive months or for at least 17 1/2 hours a week for at least 12 consecutive months immediately preceding the leave. The leave may be unpaid leave. However, the employee may choose to substitute, or the employer may require the employee to substitute, accrued paid leave to which the employee is entitled. An employer shall permit an eligible employee to take family leave because of a serious health condition for a total of 18 workweeks during any 24-month period. An employer shall permit an eligible employee to take family leave because of pregnancy and childbirth or adoption for a total of 18 workweeks within a 12-month period; the right to take leave for this reason expires on the date one year after the birth or placement of the child. If the employee is entitled to a longer period of time under (a) of this section, then the longer period applies. An eligible employee is entitled to take family leave (1) because of pregnancy and the birth of a child of the employee or the placement of a child, other than the employee's stepchild, with the employee for adoption; an employer may require that an employee using family leave under this paragraph take the leave in a single block of time;

(2) in order to care for the employee's child, spouse, or parent who has a serious health condition; in this paragraph, child includes the employee's biological, adopted, or foster child, stepchild, or legal ward; and

(3) because of the employee's own serious health condition.

(c) Notwithstanding (b) of this section, if a parent or child of two employees employed by the same employer has a serious health condition, the employer is not required to grant family leave to both employees simultaneously.

(d) During the time that an employee is on leave under this section, the employer shall maintain coverage under any group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave under (e) of this section. However, the employer may require that the employee pay all or part of the costs for maintaining health insurance coverage during a period of unpaid leave.

(e) Unless the employer's business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave under this section, the employer shall restore the employee (1) to the position of employment held by the employee when the leave began; or

(2) to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment.

(f) This section does not apply to an employer's small employment facility if the total number of employees employed within 50 road miles of the small employment facility, including those employed at the facility, was fewer than 21 during the 20 consecutive workweeks in which the employer employed at least 21 employees at all business facilities.
Alaska Stat. § 39.35.740 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.740
Employment contributions mandatory.
Status: in_force

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 required by law. Payment of an employee's compensation, less payroll deductions, is a full and complete discharge and satisfaction of all claims and demands by the employee relating to remuneration of services during the period covered by the payment, except with respect to the benefits provided under the plan.
Alaska Stat. § 39.52.380 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.380
Subpoenas.
Status: in_force

(a) As provided in AS 39.52.310 (g), 39.52.360(b), and 39.52.370(b), the attorney general, independent counsel retained under AS 39.52.310 (c), a hearing officer, the subject of an accusation, and the personnel board may summon witnesses and require the production of records, books, and papers by the issuance of subpoenas.

(b) Subpoenas must be served in the manner prescribed by AS 44.62.430 and Rule 45 of the Alaska Rules of Civil Procedure. Failure or refusal to obey a subpoena issued under this chapter is punishable as contempt in the manner provided by law and court rule. The superior court may compel obedience to the subpoena in the same manner as prescribed for obedience to a subpoena issued by the court.
Alaska Stat. § 39.20.090 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.090
Salaries and expenses.
Status: in_force

The salaries and expenses of officers, boards, commissions, and bureaus established by the laws of the state shall be paid from appropriations made for that purpose, as other expenses of the state are paid.
Alaska Stat. § 39.05.065 — AK Code / Title 39 / Chapter 39.05 / Section 39.05.065
Qualifications of members of the Board of Education and Early Development.
Status: in_force

(a) Each member of the Board of Education and Early Development shall be a citizen of the United States and have been a resident of Alaska for at least three years.

(b) A member of the Board of Education and Early Development may also be a member of a district school board.
Alaska Stat. § 39.52.390 — AK Code / Title 39 / Chapter 39.52 / Section 39.52.390
Service.
Status: in_force

Service of an accusation must be accomplished in accordance with Rule 4 of the Alaska Rules of Civil Procedure. Service of any other pleading, motion, or other document must be accomplished in accordance with Rule 5 of the Alaska Rules of Civil Procedure.
Alaska Stat. § 39.35.850 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.850
Designation of beneficiary.
Status: in_force

(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 benefit payable to the beneficiary may not exceed 50 percent of the member's portion of the account balance, and the member's spouse shall automatically be considered the beneficiary for the remaining 50 percent of the account balance, unless the spouse consents to the beneficiary designation in a writing that is notarized or witnessed by the administrator. If the spouse consents in this manner, a married member may designate a nonspouse beneficiary for the entire benefit or any portion the benefit as part of an available form of payment contained in this plan, (1) except to the extent a qualified domestic relations order filed with the administrator provides for payment to a former spouse or other dependent of the member; or

(2) unless the member filed a revocation of beneficiary accompanied by a written consent to the revocation from the present spouse and each person entitled under the order; however, consent of the present spouse is not required if the member and the present spouse had been married for less than one year on the date of the member's death and if the member established when filing the revocation that the member and the present spouse were not cohabiting.

(b) Except as provided in (a) of this section, the member may change or revoke the designation without notice to the beneficiary or beneficiaries at any time. If a member designates more than one beneficiary, each shares equally unless the member specifies a different allocation or preference. The designation of a beneficiary, a change or revocation of a beneficiary, and a consent to revocation of a beneficiary shall be made on a form provided by the administrator and is not effective until filed with the administrator.

(c) If a member fails to designate a beneficiary, or if no designated beneficiary survives the member, the death benefit shall be paid (1) to the surviving spouse or, if there is none surviving;

(2) to the surviving children of the member in equal parts or, if there are none surviving;

(3) to the surviving parents in equal parts or, if there are none surviving;

(4) to the estate.

(d) A person claiming entitlement to benefits payable under AS 39.35.700  39.35.990 as a consequence of a member's death shall provide the administrator with a marriage certificate, divorce or dissolution judgment, or other evidence of entitlement. Documents establishing entitlement may be filed with the administrator immediately after a change in the member's marital status. If the administrator does not receive notification of a claim before the date 10 days after the member's death, the person claiming entitlement is not entitled to receive from the division of retirement and benefits any benefit already paid by the administrator.
Alaska Stat. § 39.90.150 — AK Code / Title 39 / Chapter 39.90 / Section 39.90.150
Short title.
Status: in_force

AS 39.90.100  39.90.150 may be cited as the Alaska Whistleblower Act.
Alaska Stat. § 39.35.131 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.131
Membership in teachers' and public employees' retirement systems.
Status: in_force

(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. However, the amount of credited service a person receives under the plan during a school year may not exceed the amount necessary, when added to the amount of credited service earned during the school year under the teachers' retirement plan, to equal one year of credited service.

(b) A person who was employed at least half-time in a position in the teachers' retirement plan under AS 14.25.009  14.25.220 in the same period that the person was employed at least half-time in a position in this plan may claim credited service in both plans for employment before May 31, 1989. To obtain this credited service, the person shall claim the service and verify the period of half-time employment. When eligibility for half-time service credit has been established, an indebtedness shall be determined to the retirement plan in which the person did not participate. The amount of the indebtedness is the full actuarial cost of providing benefits for the credited service claimed. Interest as prescribed by regulation accrues on that indebtedness beginning on the later of July 1, 1989, or the date on which the member is first eligible to claim the service. Any outstanding indebtedness existing at the time the person retires will require an actuarial adjustment to the benefits payable based on that service.
Alaska Stat. § 39.15.070 — AK Code / Title 39 / Chapter 39.15 / Section 39.15.070
Justification of sureties.
Status: in_force

The officer charged with the duty of approving official bonds of officers and employees may not approve a bond unless the surety on the bond is a surety company qualified to do business in the state, or unless each individual surety justifies before an officer authorized to administer oaths that the surety is (1) a resident and freeholder within the state; and

(2) worth double the amount for which the surety becomes surety over and above all debts and liabilities in property located in the state that is not exempt from seizure and sale under execution.
Alaska Stat. § 39.20.290 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.290
Definition of days of leave.
Status: in_force

The days of leave provided for in AS 39.20.200  39.20.330 mean days upon which an officer or employee would otherwise work and receive pay, and are exclusive of holidays.
Alaska Stat. § 39.27.020 — AK Code / Title 39 / Chapter 39.27 / Section 39.27.020
Geographic pay differentials.
Status: in_force

(a) The following geographic pay differentials established as a percentage above the basic salary schedule provided in AS 39.27.011 are approved as an amendment to the basic salary schedule provided in AS 39.27.011 :

Duty StationGeographic PayDifferential Anchor Point0 Anchorage0 Anchorage International Airport0 Aniak50 Anvik50 Auke Bay5 Barrow50 Bethel50 Camp Carroll0 Cantwell0 Chena River3 Chignik50 Chitina0 Cold Bay50 Coldfoot Camp37 Cooper Landing0 Cordova11 Craig0 Crown Point0 Deadhorse50 Delta Junction0 Denali0 Dillingham37 Douglas5 Dutch Harbor60 Eagle0 Eagle River0 Eielson Air Force Base3 Elfin Cove0 Elmendorf Air Force Base0 Emmonak50 Fairbanks3 Finger Lake0 Fort Richardson0 Fort Wainwright3 Fort Yukon37 Gakona0 Galena37 Girdwood0 Glennallen0 Gustavus0 Haines0 Harding Lake3 Healy0 Homer0 Hoonah0 Iliamna50 Juneau5 Kaltag50 Kenai0 Ketchikan0 King Cove50 King Salmon50 Klawock0 Kodiak11 Kotzebue60 Mackenzie Point0 Matanuska0 McGrath37 Mount Edgecumbe5 Nancy0 Nenana0 Nikiski0 Ninilchik0 Nome37 Northway0 Palmer0 Pelican0 Petersburg0 Port Alsworth50 Port Moller50 Saint Mary's50 Sand Point50 Selawik60 Seward0 Sitka5 Skagway0 Soldotna0 Sterling0 Sutton0 Talkeetna0 Tazlina0 Tenakee Springs0 Tok0 Trapper Creek0 Unalakleet50 Unalaska60 Valdez11 Wasilla0 Whittier0 Willow0 Wrangell0 Yakutat0 Other states0

(b) If an employee's duty station is not included in (a) of this section and is not in a foreign country, the commissioner of administration shall establish by regulation the appropriate geographic pay differential. The regulations are not subject to AS 44.62 (Administrative Procedure Act).

(c) The commissioner of administration shall establish geographic pay differentials for positions in foreign countries. The differentials shall be adjusted annually, effective July 1, to maintain equity between salaries for positions in foreign countries and salaries for positions in the state.
Alaska Stat. § 39.26.020 — AK Code / Title 39 / Chapter 39.26 / Section 39.26.020
Application of chapter.
Status: in_force

This chapter applies to those state employees in the classified and partially exempt services.
Alaska Stat. § 39.15.030 — AK Code / Title 39 / Chapter 39.15 / Section 39.15.030
Action on bond.
Status: in_force

An official bond executed by a state officer or employee is in force and obligatory upon the principal and sureties to and for the state, and for the use and benefit of all persons injured or aggrieved by the wrongful act or default of the officer or employee in the official capacity or employment of the official or employee. A person injured or aggrieved may bring suit on the bond in the person's name.
Alaska Stat. § 39.35.410 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.410
Occupational disability benefits.
Status: reserved

(a) An employee is eligible for an occupational disability benefit if employment is terminated because of a total and apparently permanent occupational disability, as defined in AS 39.35.680 , before the employee's normal retirement date.

(b) The occupational disability benefits accrue beginning the first day of the month following termination of employment as a result of the disability and are payable the last day of the month. If a final determination granting the benefit is not made in time to pay the benefit when due, a retroactive payment shall be made to cover the period of deferment. The last payment shall be for the first month in which the disabled employee (1) dies;

(2) recovers from disability;

(3) fails to meet the requirements under (g) of this section or under AS 39.35.415 ; or

(4) reaches normal retirement age.

(c) If the disabled employee becomes ineligible to receive occupational disability benefits before the normal retirement date, the disabled employee shall then be entitled to receive an early retirement benefit if the employee would have been eligible for the benefit had employment continued during the period of disability. The period of disability constitutes credited service.

(d) The monthly amount of an occupational disability benefit is 40 percent of the disabled employee's gross monthly compensation at the time of termination due to disability.

(e) [Repealed, § 12 ch 123 SLA 1976.] (f) An employee is not entitled to an occupational disability benefit unless the employee files an application for it with the administrator within 90 days of the date of terminating employment. If the employee is unable to meet a filing requirement of this subsection, it may be waived by the commissioner if there are extraordinary circumstances that resulted in the employee's inability to meet the filing requirement.

(g) A disabled employee receiving an occupational disability benefit shall undergo a medical examination as often as the administrator considers advisable but not more frequently than once each year. The administrator shall determine the place of the examination and engage the physician or physicians. If, in the judgment of the administrator, the examination indicates that the retired employee is no longer incapacitated because of a total and apparently permanent occupational disability, the administrator may not issue further disability benefits to the employee.

(h) A disabled employee's occupational disability benefit terminates when the disabled employee first attains eligibility for normal retirement. At that time, the employee's retirement benefit shall be calculated under the provisions of AS 39.35.370 (c).

(i) Notwithstanding (h) of this section, at the time a peace officer or firefighter receiving occupational disability benefits under this section first attains eligibility for normal retirement, the employee shall irrevocably elect to receive retirement benefits in the amount calculated as the (1) monthly occupational disability benefit calculated under (d) of this section; or

(2) employee's retirement benefit calculated under the provisions of AS 39.35.370 (c).

(j) Notwithstanding (b)(3) of this section, a peace officer or firefighter who retires under (i) of this section is not subject to the requirements of (g) of this section or AS 39.35.415 during retirement.
Alaska Stat. § 39.25.020 — AK Code / Title 39 / Chapter 39.25 / Section 39.25.020
Appointing authorities.
Status: in_force

(a) The authority to appoint to positions in the state service is as follows: (1) the legislature is the appointing authority for all officers and employees of the legislature and the legislative agencies, but the authority to make appointments may be delegated;

(2) the governor is the appointing authority for all officers and employees of the executive branch, but the authority to make appointments may be delegated;

(3) the chief justice of the supreme court is the appointing authority for all administrative and clerical personnel of the state judicial system, but the authority to make appointments may be delegated;

(4) the board of regents is the appointing authority for all employees of the University of Alaska, but the authority to make appointments may be delegated.

(b) Unless a waiver is granted by the commissioner of administration, an appointing authority may not appoint a person to state service if the person has been convicted under AS 11.56.845 . Before granting a waiver under this subsection, the commissioner shall give notice in writing to the Legislative Budget and Audit Committee of the intent to grant a waiver.
Alaska Stat. § 39.30.335 — AK Code / Title 39 / Chapter 39.30 / Section 39.30.335
Appeals.
Status: in_force

A final decision made under AS 39.30.300  39.30.495 is subject to appeal under AS 44.64 .
Alaska Stat. § 39.20.380 — AK Code / Title 39 / Chapter 39.20 / Section 39.20.380
Change or revocation of designation.
Status: in_force

The employee may change or revoke a designation made under AS 39.20.360  39.20.400 at any time without notice to the beneficiary by written notice filed with the Department of Administration.
Alaska Stat. § 39.28.060 — AK Code / Title 39 / Chapter 39.28 / Section 39.28.060
Employment discrimination complaints.
Status: in_force

(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 division of personnel when the agency receives a complaint alleging employment discrimination.

(c) The director of personnel may not make public the records of a complaint or investigation under this chapter.
Alaska Stat. § 39.35.395 — AK Code / Title 39 / Chapter 39.35 / Section 39.35.395
Voluntary contribution benefit.
Status: in_force

The balance of the employee's savings account shall be paid in one of the following options as elected by the employee: (1) a lump sum payment; or

(2) a life annuity on a full cash refund or term-certain basis; or

(3) installments over a designated period of time.
Alaska Stat. § 39.50.020 — AK Code / Title 39 / Chapter 39.50 / Section 39.50.020
Report of financial and business interests.
Status: in_force

(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 than a candidate who is subject to AS 24.60 shall file the statement with the director of elections at the time of filing a declaration of candidacy or a nominating petition or becoming a candidate by any other means. Candidates for elective municipal office shall file the statement at the time of filing a nominating petition, declaration of candidacy, or other required filing for the elective municipal office. Refusal or failure to file within the time prescribed shall require that the candidate's filing fees, if any, and filing for office be refused or that a previously accepted filing fee be returned and the candidate's name removed from the filing records. A statement shall also be filed by public officials no later than March 15 in each following year. On or before the 90th day after leaving office, a former public official shall file a final statement covering any period during the official's service in that office for which the public official has not already filed a statement. Persons who are members of boards or commissions not named in AS 39.50.200 (b) are not required to file financial statements.

(b) A public official or former public official other than an elected or appointed municipal officer shall file the statement with the Alaska Public Offices Commission. Candidates for the office of governor and lieutenant governor and, if the candidate is not subject to AS 24.60 , the legislature shall file the statement under AS 15.25.030 . Municipal officers, former municipal officers, and candidates for elective municipal office shall file with the municipal clerk or other municipal official designated to receive their filing for office. All statements required to be filed under this chapter are public records.