reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 22. Judiciary › Chapter 15. District Courts and Magistrates › Sec. 22.15.210. Restrictions.

(a) A district judge while holding office may not practice law, nor engage in the conduct of any other profession, vocation, or business for profit or compensation, which conduct would interfere with the performance of the judicial duties of the judge, nor may a judge hold office in a political party, or hold any other office or position of profit under the United States, the state or its political subdivisions, except that, with the approval of the chief justice of the Alaska Supreme Court, a district judge may be appointed deputy clerk of the superior court and may hold the office of United States magistrate. A district judge who files for another elective public office other than delegate to a constitutional convention of this state or the United States forfeits the judicial position.
(b) A magistrate, while holding office, may not hold office in a political party. A magistrate may hold any other office or position of profit under the United States, the state or its political subdivisions, or engage in the conduct of any profession or business that does not interfere with the performance of the judicial duties of the magistrate or require that the magistrate is repeatedly disqualified, on the magistrate's own motion, from judicial service because of a conflict of interest caused thereby.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 15. District Courts and Magistrates › Sec. 22.15.220. Compensation.

(a) Except as provided in (e) of this section, the monthly base salary for each district court judge is $10,793.
(b) Each magistrate shall receive annual compensation including geographic differential pay to be determined by the supreme court. Salary increases shall be determined on the basis of percentage of pay increase the legislature provides for state employees in the classified service. A magistrate's annual compensation may be payable, at the option of the magistrate, either monthly in 12 equal installments or semi-monthly in 24 equal installments.
(c) A salary disbursement may not be issued to a district judge or magistrate until the judge or magistrate has filed with the state officer designated to issue salary disbursements an affidavit that no matter referred to the judge or magistrate for opinion or decision has been uncompleted or undecided by the judge or magistrate for a period of more than six months.
(d) In addition to the monthly salary, each district court judge is entitled to receive a geographic cost-of-living adjustment each year on $100,000 of the judge's annual base salary for that year, based on the location of the primary office assignment. The commissioner of administration shall calculate the geographic cost-of-living adjustment based on the geographic pay differentials established under AS 39.27.020(a). Retirement contributions and benefits shall be computed only on the monthly base salary not including the geographic cost-of-living adjustment.
(e) Beginning July 1, 2006, if the monthly basic salary for Step E, Range 28, of the salary schedule set out in AS 39.27.011 increases, the monthly base salary of the judges of the district court shall increase by the same percentage. The increase takes effect when the salary increase under AS 39.27.011 takes effect and may be retroactive if consistent with the change to AS 39.27.011. The commissioner of administration shall, by regulation, establish the percentage at which the salary is increased and the increased salary amount.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 15. District Courts and Magistrates › Sec. 22.15.240. Appeal.

(a) Either party may appeal a judgment of the district court in a civil action to the superior court.
(b) The defendant may appeal a judgment of conviction given in the district court in a criminal action to the superior court. When the judgment is given on a plea of guilty, an appeal may not be taken by the defendant except on the ground that a sentence of imprisonment of 90 days or more was excessive. The state's right of appeal in criminal cases is limited by the prohibition against double jeopardy contained in the United States Constitution and the Alaska Constitution. The state may also appeal a sentence on the ground that it is too lenient. When a sentence is appealed on the ground that it is too lenient, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(c) [Repealed, § 47 ch 14 SLA 1987.]
(d) [Repealed, § 47 ch 14 SLA 1987.]
2023 Alaska Statutes › Title 22. Judiciary › Chapter 15. District Courts and Magistrates › Sec. 22.15.250. Disposition of fines.

When by law any fees, fines, forfeitures, or penalties are levied and collected by the district judge or magistrate, the proceeds and all other money collected shall be accounted for and transmitted to the administrative director of the Alaska Court System for transfer to the general fund of the state except as provided in AS 22.15.270.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 15. District Courts and Magistrates › Sec. 22.15.270. Retention of fines, etc., by political subdivisions.

All fines, penalties, and forfeitures resulting from violations of ordinances of political subdivisions shall be returned to the political subdivision whose ordinance is involved in the manner provided by rule of the supreme court. Fines, penalties, and forfeitures imposed after appeals accrue to the state, unless the appeal is prosecuted by the political subdivision.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 1. Judicial Officers. › Sec. 22.20.020. Disqualification of judicial officer for cause.

(a) A judicial officer may not act in a matter in which
(1) the judicial officer is a party;
(2) the judicial officer is related to a party or a party's attorney by consanguinity or affinity within the third degree;
(3) the judicial officer is a material witness;
(4) the judicial officer or the spouse of the judicial officer, individually or as a fiduciary, or a child of the judicial officer has a direct financial interest in the matter;
(5) a party, except the state or a municipality of the state, has retained or been professionally counseled by the judicial officer as its attorney within two years preceding the assignment of the judicial officer to the matter;
(6) the judicial officer has represented a person as attorney for the person against a party, except the state or a municipality of the state, in a matter within two years preceding the assignment of the judicial officer to the matter;
(7) an attorney for a party has represented the judicial officer or a person against the judicial officer, either in the judicial officer's public or private capacity, in a matter within two years preceding the filing of the action;
(8) the law firm with which the judicial officer was associated in the practice of law within the two years preceding the filing of the action has been retained or has professionally counseled either party with respect to the matter;
(9) the judicial officer feels that, for any reason, a fair and impartial decision cannot be given.
(b) A judicial officer shall disclose, on the record, a reason for disqualification specified in (a) of this section at the commencement of a matter in which the judicial officer participates. The disqualifications specified in (a)(2), (a)(5), (a)(6), (a)(7), and (a)(8) of this section may be waived by the parties and are waived unless a party raises an objection.
(c) If a judicial officer is disqualified on the officer's own motion or consents to disqualification, the presiding judge of the district shall immediately transfer the action to another judge of that district to which the objections of the parties do not apply or are least applicable and if there is no such judge, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. If a judicial officer denies disqualification the question shall be heard and determined by another judge assigned for the purpose by the presiding judge of the next higher level of courts or, if none, by the other members of the supreme court. The hearing may be ex parte and without notice to the parties or judge.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 1. Judicial Officers. › Sec. 22.20.022. Peremptory disqualification of a judge.

(a) If a party or a party's attorney in a district court action or a superior court action, civil or criminal, files an affidavit alleging under oath the belief that a fair and impartial trial cannot be obtained, the presiding district court or superior court judge, respectively, shall at once, and without requiring proof, assign the action to another judge of the appropriate court in that district, or if there is none, the chief justice of the supreme court shall assign a judge for the hearing or trial of the action. The affidavit must contain a statement that it is made in good faith and not for the purpose of delay.
(b) A judge or court may not punish a person for contempt for making, filing, or presenting the affidavit provided for in this section, or a motion founded on the affidavit.
(c) The affidavit shall be filed within five days after the case is at issue upon a question of fact, or within five days after the issue is assigned to a judge, whichever event occurs later, unless good cause is shown for the failure to file it within that time.
(d) A party or a party's attorney may not file more than one affidavit under this section in an action and no more than two affidavits in an action.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 1. Judicial Officers. › Sec. 22.20.030. Power of judicial officers.

A judicial officer may
(1) preserve and enforce order in the immediate presence of the court and in the proceedings before the court, when engaged in the performance of a duty imposed by law on the judicial officer;
(2) compel obedience to the lawful orders of the court, as provided by law;
(3) compel the attendance of persons to testify in a pending proceeding in the cases and manner provided by law;
(4) administer oaths in a proceeding pending before the court and in all other cases where it may be necessary in the exercise of the powers and the performance of the duties of the judicial officer;
(5) take and certify the proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged;
(6) take and certify the acknowledgment of satisfaction of a judgment in any court;
(7) take and certify an affidavit or deposition to be used in any court of justice or other tribunal of the state.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 1. Judicial Officers. › Sec. 22.20.035. Powers of judicial employees.

The clerk of a court, and a deputy clerk designated by order of a court, may exercise the powers of judicial officers specified in AS 22.20.030(4)-(7), and other powers authorized by law.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 1. Judicial Officers. › Sec. 22.20.037. Employment of judicial employees.

(a) Judicial employees shall be employed subject to classification and wage plans based on the merit principle and adapted to the special needs of the judiciary, as determined by the administrative director of the Alaska Court System. Except as otherwise provided by law, all employees of the Alaska Court System and the judicial council are subject to the general state laws regarding leave, retirement, and travel.
(b) This section does not deprive employees of the judiciary of the right to participate in the state employees retirement system, a group insurance plan, or any other program, benefits, or rights provided by law or personnel rule for state employees in the classified service.
(c) The administrative director of the Alaska Court System shall conduct a salary survey annually to ensure that employees of the Alaska Court System receive salaries consistent with those paid to employees in the classified and partially exempt state service.
(d) The administrative director of the Alaska Court System shall file a travel and compensation report with the legislature by January 31 of each year. The report must contain detailed information for the previous calendar year of the salaries, per diem, travel expenses, relocation expenses, and any additional allowances for
(1) each justice of the supreme court;
(2) each judge of the court of appeals; and
(3) the administrative director of the Alaska Court System.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 2. Attorneys. › Sec. 22.20.040. Appearance.

(a) An action or proceeding may be prosecuted or defended by a party in person or by attorney. However,
(1) the United States shall appear by an attorney in all cases; and
(2) a corporation, either public or private, shall appear by an attorney in all cases unless an exception to the corporation's appearance by an attorney has been explicitly made by law.
(b) When a party appears by attorney, the written proceedings shall be in the name of the attorney, who is the sole representative of the client as between the client and the adverse party.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 2. Attorneys. › Sec. 22.20.050. Authority to bind client, receive money or property, and give discharge.

(a) An attorney may
(1) bind the attorney's client in any of the proceedings in an action or proceeding by agreement filed with the clerk or entered upon the journal of the court, and not otherwise;
(2) receive money or property claimed by the client in an action or proceeding during its pendency, or within three years after judgment, and, upon the payment or delivery of it, discharge the claim or acknowledge satisfaction of the judgment.
(b) However, this section does not prevent a party from employing a new attorney to issue execution upon a judgment, or to take the other proceedings prescribed by law for its enforcement, and when the party does so the authority of the former attorney ceases.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 2. Attorneys. › Sec. 22.20.060. Appearance of attorney without authority.

If it is alleged by a party for whom an attorney appears that the attorney does so without authority, and the allegation is verified by the affidavit of the party, the court may, if it finds the allegation true, at any stage of the proceedings, relieve the party for whom the attorney has assumed to appear from the consequences of the attorney's act.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 2. Attorneys. › Sec. 22.20.070. Requiring proof of authority.

The court may, on motion of either party, and on showing reasonable grounds therefor, require the attorney for an adverse party to produce or prove the authority under which the attorney appears, and until the attorney does so may stay all proceedings by the attorney on behalf of the party for whom the attorney assumes to appear.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 2. Attorneys. › Sec. 22.20.080. Compelling attorney to deliver over money or papers.

When an attorney refuses to deliver over money or papers to a person from or for whom the attorney has received them in the course of professional employment, whether in a judicial proceeding or not, a court may, by order, require the attorney to do so within a specified time or show cause why punishment for a contempt should not be imposed on the attorney.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 2. Attorneys. › Sec. 22.20.090. Court order to deliver over money or papers.

If an attorney claims a lien upon the money or papers under AS 34.35.430, the court, in making an order under AS 22.20.080, shall
(1) impose, as a condition of making the order, that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action;
(2) summarily inquire into the facts on which the claim of a lien is founded, and determine it; or
(3) direct the trial of the controversy by a jury, or refer it, and upon the verdict or report determine it as in other cases.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 3. Commissioner of Public Safety. › Sec. 22.20.100. Duty of the commissioner in the supreme court.

The commissioner is the executive officer of the supreme court and shall serve and execute all process issued by the supreme court or a justice of the supreme court, and shall attend the supreme court, and has the authority necessary for the execution of these duties.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 3. Commissioner of Public Safety. › Sec. 22.20.110. Duty of the commissioner in the court of appeals, the superior court, and district courts.

When required by the supreme court, and except as otherwise provided in AS 18.66.160, the commissioner shall serve and execute all process issued by the court of appeals, the superior court, and the district courts; attend to and wait upon grand and petit juries; maintain order; attend the sessions of the courts; and exercise the power and perform the duties concerning all matters within the jurisdiction of the courts as may be assigned. The commissioner is the executive officer of the court of appeals, the superior court, and district courts.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 3. Commissioner of Public Safety. › Sec. 22.20.120. General authority and duty of the commissioner.

The authority necessary for the lawful performance of the duties of execution of service of process, seizure and detention of property, the sale of property forfeited or levied upon, and arrest of persons, in connection with civil matters, is vested in the commissioner. Any court of the state issuing any process may direct the process for execution of service to the commissioner or the designee of the commissioner.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 3. Commissioner of Public Safety. › Sec. 22.20.130. Assistance for commissioner.

(a) The commissioner shall be assisted in the execution of the authority and duty vested by AS 22.20.100 - 22.20.140 by members of the division of state troopers or Alaska state constabulary who the commissioner designates. The commissioner is responsible on official bond for the acts of all persons designated under this subsection. The persons designated under this subsection have the same authority and duty granted to the commissioner and are subject to orders of the courts of the state in the same manner as the commissioner. They are responsible to the commissioner and to the courts, and shall be executive officers of the courts. In order to be designated under this section, the commissioner may require the person to submit the person's fingerprints and the fees required under AS 12.62.160 for criminal justice information and a national criminal history record check. The commissioner may obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400.
(b) The commissioner has the responsibility of providing sufficient personnel to effectively execute the authority and duty vested by AS 22.20.100 - 22.20.140, and shall adopt the necessary regulations within the Department of Public Safety for the efficient direction, control, and discipline of the members designated by the commissioner under this section.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 3. Commissioner of Public Safety. › Sec. 22.20.140. Definitions.

In AS 22.20.100 - 22.20.140,
(1) “commissioner” means the commissioner of public safety;
(2) “district courts” includes sessions presided over by a magistrate;
(3) “process” means any summons, writ, process, order, or subpoena.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 4. Judicial Council. › Sec. 22.20.200. DNA evidence information.

The judicial council shall periodically review and distribute information relevant to the technical, legal, and scientific use of deoxyribonucleic acid (DNA) profiles in criminal proceedings to
(1) judges and magistrates;
(2) the Department of Law;
(3) the Public Defender Agency;
(4) the office of public advocacy.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 4. Judicial Council. › Sec. 22.20.221. Prison inmate characteristics information.

(a) The judicial council shall design and implement a project for the purposes of studying risk factors related to criminal activity, informing the legislature's policy and funding decisions related to primary crime prevention, and improving primary crime prevention strategies in the state. Under the project, the Department of Corrections shall transmit information about offenders sentenced to serve terms of incarceration of 30 days or more, and the judicial council shall analyze the information and provide to the legislature the judicial council's conclusions and recommendations in the report required under (b) of this section. The judicial council shall, in consultation with the Justice Center at the University of Alaska, the Department of Corrections, and other relevant entities or state agencies, create a list of the types of information and inmate characteristics the Department of Corrections shall collect for the project and may revise the list when necessary to meet project goals. The information may include data relating to adverse childhood experiences, mental health and substance abuse history, education, income, and employment of inmates. The Department of Corrections shall adopt policies establishing procedures for collecting the information identified in the list required under this subsection and providing the information to the judicial council. The procedures may provide for the collection of the information as part of the risk assessment program established under AS 33.30.011(a)(7). In this subsection, “primary crime prevention” means intervention programs and strategies designed to reduce crime risk factors among the general population and prevent crime from happening.
(b) The judicial council shall prepare an annual report summarizing the information collected and analyzed under (a) of this section. The judicial council shall
(1) provide a summary in the form of tables, charts, graphs, or other formats that are easily understood;
(2) include a review of the data and the judicial council's interpretations, findings, and conclusions related to the information collected;
(3) describe any changes in the types of information collected during the preceding fiscal year;
(4) make the report required under this subsection available to the public; the judicial council may not publish or present individually identifiable information relating to an inmate;
(5) include, when possible, information from the previous fiscal year, comparisons to previous fiscal years, and cumulative information;
(6) not later than February 14 of each year, submit the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available; and
(7) present the summary and analysis to the legislature within 10 days after the convening of the next regular session of the legislature following the submission of the report.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 5. Administrative Director. › Sec. 22.20.310. Court system report.

The administrative director of the Alaska Court System shall, not later than March 15 of each year, make available to the public and file with the senate secretary and the chief clerk of the house of representatives a report regarding the Alaska Court System. The report must include
(1) a profile of the Alaska Court System and its justices, judges, and magistrates;
(2) a summary description of the administration of the court system, including detailed descriptions of its facilities, programs, and personnel;
(3) average, mean, minimum, and maximum time periods between initial receipt and final disposition of cases classified by courts and by each justice, judge, and magistrate;
(4) information identifying each justice, judge, or magistrate who has had salary withheld under the authority of AS 22.05.140(b), AS 22.07.090(b), AS 22.10.190(b), or AS 22.15.220(c) and the number of times and the time periods of the occurrences;
(5) other information and data relevant to aiding the public and the legislature in understanding the organization, administration, caseload, disposition of cases, and accomplishments of the court system;
(6) the travel expenses and per diem for each justice, judge, or magistrate for the previous calendar year.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 5. Administrative Director. › Sec. 22.20.320. Information systems guidelines and plan.

The administrative director of the Alaska Court System shall establish information systems guidelines and prepare a short-range and long-range information systems plan for the court system. The guidelines and plan must be consistent with the telecommunications information guidelines and plan adopted by the commissioner under AS 44.21.350 - 44.21.390 and must be adapted to the special needs of the judicial branch as determined by the administrator of the Alaska Court System.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 6. Public Administrators. › Sec. 22.20.420. Administration of decedents' estates.

When letters of administration are issued to a public administrator by the superior court in the district, the public administrator is the legal custodian of and shall administer the estates of deceased persons who leave property within the district. Letters of administration shall be issued to the public administrator when (1) administration of a decedent's estate is required by law, and (2) a period of 30 days has elapsed from the date of death with no letters testamentary or letters of administration having been applied for and issued to any other person entitled by law to administer the estate of the deceased person. Except as otherwise provided in AS 22.20.410 - 22.20.440, a public administrator shall administer estates as other administrators, and has all the rights and authority, and is subject to all the duties and liabilities of other administrators.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 20. Judicial Officers, Employees, and Council; Attorneys › Article 6. Public Administrators. › Sec. 22.20.430. Bond.

Before entering upon the duties of a public administrator, the public administrator shall execute and file with the administrative director of the Alaska Court System a surety bond in the form and amount to be determined by rule of the supreme court. The costs of the bond shall be paid by the court system.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.011. Contributions of judges and justices.

Each justice and judge appointed after July 1, 1978, is a member under the judicial retirement system as of the date of the justice's or judge's appointment and shall contribute seven percent of the base annual salary received by the justice or judge to the judicial retirement system. Contributions shall be made for all creditable service under this chapter up to a maximum of 15 years. This contribution is made in the form of a deduction from compensation, at the end of each payroll period, and is made even if the compensation paid in cash to the justice or judge is reduced below the minimum prescribed by law. The contributions shall be deducted from the justice's or judge'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. Each justice and judge is considered to consent to the deduction from compensation. Payment of compensation less the deduction constitutes a full discharge of all claims and demands for the services rendered by the justice or judge during the period covered by the payment, except as to the benefits provided for under this chapter. The contributions shall be credited to the judicial retirement fund established in accordance with AS 22.25.048.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.012. Retirement benefits of administrative director.

(a) An administrative director of the Alaska court system appointed under art. IV, sec. 16, Constitution of the State of Alaska, is a member under the judicial retirement system as of the date of the administrative director's appointment and is entitled to retirement benefits under this chapter on the terms and conditions applicable to a superior court judge appointed after July 1, 1978, except that an administrative director may receive retirement benefits only with service as administrative director for 10 or more years.
(b) An administrative director who vacates the office of administrative director for any reason and who has not at that time accrued 10 years of credited service under this chapter is entitled to a refund of contributions to the judicial retirement system together with interest.
(c) An administrative director who withdraws from the judicial retirement system under (b) of this section is eligible for membership in the public employees' retirement system (AS 39.35) and shall receive credited service in that system for service rendered as administrative director. To be eligible for membership in the public employees' retirement system under this subsection, the administrative director must contribute to the public employees' retirement system
(1) the amount that would have been contributed if the administrative director had been a member during the period of the membership in the judicial retirement system; and
(2) any contributions for service as administrative director refunded from the public employees' retirement system at the time the administrative director became a member of the judicial retirement system.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.020. Retirement pay.

Except as provided in AS 22.25.023(b), a retired justice or judge eligible for retirement pay shall receive from the date of eligibility until death monthly retirement pay equal to five percent per year of service, to a maximum of 75 percent, of the monthly salary authorized for justices and judges, respectively, at the time each retirement payment is made. For a justice or judge who was first employed in this retirement system on or after July 1, 1996, base annual salary does not include remuneration in excess of the limitations set out in 26 U.S.C. 401(a)(17) (Internal Revenue Code).
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.022. Rollover distributions and rollover contributions.

(a) A distributee may elect, at the time and in the manner prescribed by the administrator, to have all or part of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in the direct rollover.
(b) The system does not accept contributions of eligible rollover distributions.
(c) In this section,
(1) “direct rollover” means the payment of an eligible rollover distribution by the system 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(a);
(B) an individual retirement annuity defined in 26 U.S.C. 408(b);
(C) an annuity plan described in 26 U.S.C. 403(a);
(D) a qualified trust described in 26 U.S.C. 401(a);
(E) on and after January 1, 2002, an annuity plan described in 26 U.S.C. 403(b);
(F) on or after January 1, 2002, a governmental plan described in 26 U.S.C. 457(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.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.023. Limitation on benefits; maximum annual compensation.

(a) Notwithstanding any other provisions of this chapter, the projected annual benefit provided by this chapter and the benefit from all other defined benefit plans required to be aggregated with the benefits from this system 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 accrued benefit of a member exceeds the limitation of 26 U.S.C. 415 for a limitation year, the system shall make any necessary remedial action to correct an excess accrued 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 system. This subsection shall apply to any member of this system.
(b) In this subsection, for system fiscal years beginning on or after January 1, 1998, and for purposes of 26 U.S.C. 415(b)(3) and the regulations adopted under that statute, “salary” includes any amount that is contributed by the employer under a salary reduction agreement and that is not includable in the member's gross income under 26 U.S.C. 125, 132(f)(4), 402(e)(3), 402(h), or 403(b) and is limited to compensation that is actually paid to a member during the determination period, which is the fiscal year of the system.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.025. Administration; federal qualification requirements.

(a) The commissioner of administration is responsible for the administration of the judicial retirement system. The system is intended to qualify as a governmental plan established and maintained by the government of this state for the state's employees, as permitted under 26 U.S.C. 414(d). The commissioner shall publish an information handbook for the system at intervals as the commissioner considers appropriate.
(b) An amendment to this chapter does not provide a person with a vested right to a benefit if the Internal Revenue Service determines that the amendment will result in disqualification of the plan under the Internal Revenue Code.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.027. Regulations.

(a) The commissioner of administration may adopt regulations to implement this chapter. Regulations adopted by the commissioner under this chapter relate to the internal management of state agencies and their adoption is not subject to AS 44.62 (Administrative Procedure Act).
(b) Notwithstanding (a) of this section, a regulation adopted under this chapter shall be published in the Alaska Administrative Register and Code for informational purposes. Each regulation adopted under this chapter must conform to the style and format requirements of the drafting manual for administrative regulations that is published under AS 44.62.050.
(c) At least 30 days before the adoption, amendment, or repeal of a regulation under this chapter, the commissioner of administration shall provide notice of the action that is being considered. The notice shall be
(1) posted in public buildings throughout the state;
(2) published in one or more newspapers of general circulation in each judicial district of the state;
(3) mailed to each person or group that has filed a request for notice of proposed action with the commissioner of administration; and
(4) furnished to each member of the legislature and to the Legislative Affairs Agency.
(d) Failure to mail notice to a person as required under (c)(3) of this section does not invalidate an action taken by the commissioner of administration.
(e) The commissioner may hold a public hearing on a proposed regulation.
(f) A regulation adopted under this chapter takes effect 30 days after adoption by the commissioner of administration.
(g) Notwithstanding the other provisions of this section, a regulation may be adopted, amended, or repealed, effective immediately, as an emergency regulation by the commissioner of administration. For an emergency regulation to be effective the commissioner of administration must find that the adoption, amendment, or repeal of the regulation is necessary for the immediate preservation of the orderly operation of the judicial retirement system. The commissioner of administration shall, within 10 days after adoption of an emergency regulation, give notice of the adoption under (c) of this section. An emergency regulation adopted under this subsection may not remain in effect more than 90 days unless the commissioner of administration complies with the procedures set out in this section and adopts the regulation as a permanent regulation.
(h) In this section, “regulation” has the meaning given in AS 44.62.640(a).
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.033. Claim for survivor's benefits.

A person claiming entitlement to benefits payable under this chapter as a consequence of a justice's or judge's death shall provide the commissioner of administration with a marriage certificate, divorce or dissolution judgment, or other evidence of entitlement. Documents establishing entitlement may be filed with the commissioner immediately after a change in the justice's or judge's marital status. If the commissioner does not receive notification of a claim before the date 10 days after the justice's or judge's death, the person claiming entitlement is not entitled to receive from the Department of Administration any benefit already paid by the commissioner under this chapter.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.046. Employer contributions.

(a) The state court system shall contribute to the judicial retirement system at the rate established by the commissioner of administration. The contribution rate shall be based on the results of an actuarial valuation of the judicial retirement system. The results of the actuarial valuation shall be based on actuarial methods and assumptions adopted by the commissioner of administration.
(b) The contribution rate shall be a percentage which, when applied to the covered compensation of all active members of the judicial retirement system, will generate sufficient money to support, along with contributions from members, the benefits of the judicial retirement system.
(c) Employer contributions shall be separately computed for benefits provided by AS 22.25.090 and shall be deposited in the Alaska retiree health care trust established under AS 39.30.097(a).
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.048. Judicial retirement trust fund; accounting and investment.

(a) The commissioner of administration shall establish a judicial retirement trust fund for the judicial retirement system in which the assets of the system are deposited and held. The trust fund is subject to the restrictions of (h) of this section. The commissioner shall maintain accounts and records for the system.
(b) All income of the judicial retirement fund and all disbursements made from the fund shall be credited or charged, whichever is appropriate, to the following accounts:
(1) an individual account that contains the mandatory contributions collected from a person under AS 22.25.011;
(2) an account that is credited with the contributions of the state court system;
(3) a retirement reserve account; and
(4) an expense account for the judicial retirement system that shall be credited with funds transferred from the account described in (2) of this subsection.
(c) 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 judicial retirement trust fund as are provided in AS 37.10.220.
(d) Within one year following retirement, an amount actuarially determined as necessary to pay fully for the benefits to be received by a person under this chapter shall be transferred first from the individual account described in (b)(1) of this section and, after the individual contributions have been exhausted, then from the court system account described in (b)(2) of this section, into the retirement reserve account described in (b)(3) of this section.
(e) The contributions of the court system to the retirement reserve account shall contain the actuarially determined amount necessary to fully fund the pension, death benefits, and other benefits paid under the judicial retirement system to a person under this chapter.
(f) The investment income of the judicial retirement fund shall be allocated in proportion to the balances of assets first to the retired reserve account described in (b)(3) of this section and then to the account described in (b)(2) of this section.
(g) The account described in (b)(4) of this section is charged with all disbursements representing the administrative expenses incurred by the judicial retirement system. Expenditures from this account shall be included in the budget of the governor for each fiscal year.
(h) The corpus or income of the assets held in trust as required by the system may not be diverted to or used for other than the exclusive benefit of the members or their beneficiaries.
(i) If the judicial retirement system is terminated,
(1) a member whose contributions have not been refunded, regardless of the member's employment status at the date of the termination of the system, shall be considered fully vested in the member's adjusted accrued retirement benefits as of the date of the termination of the system; and
(2) if all liabilities are satisfied, any excess assets arising from erroneous actuarial computation shall revert to the employer.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.110. Special rules for treatment of qualified military service.

(a) Notwithstanding any contrary provisions of this chapter, 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.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 25. Retirement and Death Benefits › Sec. 22.25.900. Definitions.

In this chapter, unless the context otherwise requires,
(1) “actuarial equivalent” means the adjustment necessary to obtain equality in value of the aggregate expected payments under two different forms of pension payments, considering expected mortality and interest earnings on the basis of assumptions, factors, and methods specified in regulations issued under the system that are formally adopted by the Alaska Retirement Management Board that clearly preclude employer discretion in the determination of the amount of any justice's, judge's, or member's benefit;
(2) “judge” means a judge of the court of appeals, a superior court judge, or a district court judge;
(3) “justice” means a supreme court justice;
(4) “member” means an administrative director of the Alaska Court System who is eligible to participate in the system, a justice, or a judge;
(5) “qualified domestic relations order” means a divorce or dissolution judgment under AS 25.24, including an order approving a property settlement, that
(A) creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the member contributions and interest or benefits payable with respect to a justice or judge;
(B) sets out the name and last known mailing address, if any, of the justice or judge and of each alternate payee covered by the order;
(C) sets out the amount or percentage of the justice's or judge's benefit, or of any survivor's benefit, to be paid to the alternate payee, or sets out the manner in which that amount or percentage is to be determined;
(D) sets out the number of payments or period to which the order applies;
(E) sets out the plan to which the order applies;
(F) does not require any type or form of benefit or any option not otherwise provided by this chapter;
(G) does not require an increase of benefits in excess of the amount provided by this chapter, determined on the basis of actuarial value;
(H) does not require the payment, to an alternate payee, of benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order.