reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 3. Personnel Rules. › Sec. 39.25.140. Amendment of personnel rules.

(a) The director of personnel shall prepare and submit to the commissioner of administration any proposed amendments to the personnel rules for all positions and employees subject to this chapter.
(b) The commissioner of administration shall review the amendments and submit them to the personnel board.
(c) At least 30 days before the adoption, amendment, or repeal of a personnel rule, the secretary to the personnel board shall provide notice that the personnel board has the proposed action under consideration. The notice shall be
(1) posted in public buildings throughout the state;
(2) published in one or more newspapers of general circulation throughout the state;
(3) mailed to each person or group that filed a request for notice of proposed action with the secretary to the personnel board;
(4) furnished to each member of the legislature and to the Legislative Affairs Agency.
(d) The rules may provide for exemptions and modifications that are necessary to assure the continuity of federal grants to agencies supported in whole or in part by federal contributions.
(e) The rules adopted under this chapter relate to the internal management of state agencies and their adoption is not subject to AS 44.62 (the Administrative Procedure Act). The rules shall be published in the Alaska Administrative Register and Code for informational purposes.
(f) Failure to mail notice to a person as required in this section does not invalidate an action taken by the personnel board.
(g) An amendment to the personnel rules takes effect 30 days after it is approved by the personnel board. The board, if requested to do so, may hold a public hearing on a proposed amendment.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 3. Personnel Rules. › Sec. 39.25.153. Departmental personnel officers.

(a) If a principal department of the executive branch has a personnel officer, the personnel officer shall be employed by and located within that department.
(b) [Repealed, § 16 ch 111 SLA 2000.]
(c) [Repealed, § 16 ch 111 SLA 2000.]
(d) [Repealed, § 16 ch 111 SLA 2000.]
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 3. Personnel Rules. › Sec. 39.25.155. Vocational substitution program.

(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.]
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 3. Personnel Rules. › Sec. 39.25.157. Position descriptions.

The division of personnel, in consultation with the appropriate department or agency, shall require the preparation of and shall maintain a position description for each position in the classified service. The position description shall describe the essential functions of the position and the actual skills and abilities required to perform the tasks assigned to the position. A general requirement for physical abilities may not be imposed on a job classification unless each position within the class requires the use of the physical ability.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 5. Hearings. › Sec. 39.25.170. Hearings and appeals upon dismissal, demotion, or suspension.

(a) An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by the employer of the action and the reason for it and may be heard publicly by the personnel board and may be represented by counsel at the hearing. In order to be heard, the complainant shall request a hearing within 15 days of dismissal, demotion, or suspension.
(b) If the board finds that the action complained of was taken for a political, racial, or religious reason, or in violation of this chapter or the rules adopted under this chapter, the officer or employee shall be reinstated to the position without loss of pay or leave benefit for the period of dismissal, demotion, or suspension. In all other cases, the board shall report its findings and recommendations to both parties.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 5. Hearings. › Sec. 39.25.176. Effect of failure to respond or obey.

(a) If a person refuses to respond to a subpoena issued under AS 39.25.175, or refuses to testify at a hearing authorized by AS 39.25.170, the personnel board may apply to the superior court for an order requiring the person to respond to the subpoena or to testify.
(b) Failure to obey the order of the superior court requiring response to a subpoena or testimony at a hearing may be punished as contempt of court.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 6. Political Rights. › Sec. 39.25.178. Employee political rights.

A state employee may
(1) be a member of a national, state, or local political party;
(2) take part in a political campaign;
(3) express political opinions; however, while engaged on official business, a state employee may not display or distribute partisan political material;
(4) register party preference;
(5) serve as a voting or nonvoting delegate to a party convention;
(6) be appointed, nominated, or elected to nonpartisan public office in a local government unit; and
(7) make contributions to a political party or a candidate for public office.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 7. Nonpermanent Employees. › Sec. 39.25.196. Local hiring exception.

(a) Notwithstanding the provisions of AS 39.25.195, a hiring department or agency may grant a preference to local residents in the appointment of nonpermanent employees or in the appointment of permanent employees to perform seasonal work assignments of 180 calendar days or less in a 12-month period. If there are no local residents on the applicable list of applicants qualified for a nonpermanent or a permanent seasonal position or if the local residents on the applicable list of applicants qualified for the position are unavailable, the hiring department or agency may obtain referrals of qualified job applicants for these positions from the job service office of the Department of Labor and Workforce Development serving the area and, from those applicants, select a qualified person who is a local resident for the position.
(b) Appointment of a nonpermanent employee in accordance with (a) of this section does not require the prior written approval of the director under AS 39.25.195.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 7. Nonpermanent Employees. › Sec. 39.25.197. Termination of nonpermanent employees.

When the director determines that an employee has been appointed as a result of a false certification under AS 39.25.195, the director shall immediately notify the head of the affected department or agency in writing and the department or agency shall terminate the employee from state service within one working day after receipt of notice.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 7. Nonpermanent Employees. › Sec. 39.25.198. Civil liability.

A person who makes a false certificate under AS 39.25.195 is personally liable in a civil action to an individual terminated under AS 39.25.197 for any resultant damages and for punitive damages of an amount not to exceed three times the gross monthly salary at which the nonpermanent employee was appointed.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 7. Nonpermanent Employees. › Sec. 39.25.200. Definitions.

In AS 39.25.195 - 39.25.200,
(1) “certified” means signed by the head of a department or agency or by a responsible person designated by the head of a department or agency;
(2) “director” means the director of the division of personnel;
(3) “emergency employee” means an employee appointed for a period not to exceed 30 calendar days, whose appointment was made under conditions requiring immediate action to carry on work that is required in the public interest;
(4) “nonpermanent employee” means a person who is employed in state service in a position that is not in the exempt or partially exempt service and who is not a permanent or an emergency employee;
(5) “permanent employee” means an employee who has been appointed to an authorized, permanent full-time or part-time or permanent seasonal position in the classified service and who is in the process of completing or has successfully completed the required probationary service in that position;
(6) “program or project employee” means a nonpermanent employee, including a student intern, who is employed in state service with prior written understanding that employment in that position will continue for at most the duration of a specified program or project that is not a regular and continuing function of a department or agency and that has an established probable date of termination.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 8. General Provisions. › Sec. 39.25.900. Penalties.

(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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 8. General Provisions. › Sec. 39.25.910. Conflict with federal requirements.

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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 25. State Personnel Act › Article 8. General Provisions. › Sec. 39.25.990. Definitions.

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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 26. Rights of State Employees › Sec. 39.26.010. State employees protected against certain conduct.

(a) A department, agency, official, officer, or person employed by the state may not directly or indirectly
(1) require or coerce any employee of the state to participate in any way in any activity or undertaking unless the activity or undertaking is related to the performance of official duties;
(2) require or coerce any employee of the state to make any report concerning any of the employee's activities or undertakings unless the activity or undertaking is related to the performance of the employee's official duties;
(3) except as directly related to the performance of the employee's official duties, require or coerce any employee of the state to submit to any interrogation or examination or psychological test which is designed to elicit information concerning
(A) the employee's personal relationship with any person connected by blood or marriage;
(B) the employee's religious beliefs or practices;
(C) sexual matters;
(D) the employee's political affiliation or philosophy;
(4) coerce any employee of the state to invest or contribute earnings in any manner or for any purpose;
(5) restrict or attempt to restrict after-working-hour statements, pronouncements or other activities, not otherwise prohibited by law or personnel rule, of any employee of the state, if the employee does not purport to speak or act in an official capacity.
(b) The heads of the administrative departments of the state may adopt internal management regulations for their respective departments, specifying exceptions to (a)(5) of this section. These regulations shall be submitted for approval to the personnel board provided for in AS 39.25.060.
(c) The provisions of (a) of this section do not diminish the authority of an authorized law enforcement agency to conduct criminal investigations of state employees suspected of being involved in criminal activity.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 26. Rights of State Employees › Sec. 39.26.015. Required regulations for dress codes and appearance standards.

Dress codes and appearance standards adopted by a department, division, agency, official, or other employee of the state, that are to be applied to state employees shall be in the form of a regulation subject to legislative review under AS 44.62 (Administrative Procedure Act).
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 27. Pay Plan for State Employees › Sec. 39.27.012. Temporary salary schedules.

The director of the division of personnel may establish salary schedules providing lesser amounts than those in the basic salary schedule in order to meet salary limit requirements for receipt and expenditure of federal funds. Salary rates established under authority of this section do not affect the salaries of employees provided for by a collective bargaining agreement negotiated under the authority of AS 23.40.070 - 23.40.260 (Public Employment Relations Act).
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 27. Pay Plan for State Employees › Sec. 39.27.020. Geographic pay differentials.

(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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 27. Pay Plan for State Employees › Sec. 39.27.025. Swing and graveyard shift differentials.

(a) Classified and partially exempt state employees who regularly work a “swing” shift beginning between 12:00 noon and 7:59 p.m. are entitled to a one-step increase over their normal pay established by this chapter.
(b) Classified and partially exempt state employees who regularly work a “graveyard” shift beginning between 8:00 p.m. and 3:59 a.m. are entitled to a two-step increase over their normal pay established by this chapter.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 27. Pay Plan for State Employees › Sec. 39.27.030. Geographic pay differential survey.

Subject to appropriation, the director of the division of personnel shall conduct a survey, at least every five years, to review the geographic pay differentials under AS 39.27.020. The survey may address factors the director determines are relevant to review state salary schedules, entitlements for beneficiaries of state programs, and payments for state service providers. The survey must reflect the cost of living for duty stations in the state or outside of the state by using the cost of living in Anchorage, Alaska, as a base.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 28. Equal Employment Opportunity Program › Sec. 39.28.040. Affirmative action plan.

The department shall establish an equal employment opportunity program and adopt annually an affirmative action plan for the executive branch of state government. The plan remains in effect until the department establishes a subsequent plan. The director of personnel shall work with each agency to enhance equal employment opportunity.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 28. Equal Employment Opportunity Program › Sec. 39.28.050. Compliance with affirmative action plan.

(a) Each agency shall comply with the affirmative action plan. Each commissioner or executive head of an agency shall adopt an affirmative action program to implement the plan within the agency. At the request of the director of personnel, a state official shall report to the director of personnel about agency employment practices and activities to implement and comply with the plan or program.
(b) When the director of personnel finds that an agency has violated the affirmative action plan or its affirmative action program, the director of personnel may
(1) suspend the hiring authority of the agency; and
(2) impose mandatory affirmative action measures on the agency to bring the agency into compliance.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 28. Equal Employment Opportunity Program › Sec. 39.28.055. Individuals with disabilities.

(a) When administering requirements of this chapter related to the vocational training, vocational rehabilitation, or employment placement of an individual with a disability who can reasonably be expected to benefit in terms of employability from the provision of vocational rehabilitation services, the department's primary objective and preferred outcome is to help the individual become gainfully employed in an integrated workplace where individuals with disabilities work with and alongside of individuals without disabilities.
(b) Nothing in this section requires the hiring of an individual with a disability.
(c) In this section,
(1) “gainfully employed” means employed full time or part time for compensation that is
(A) at or above the minimum wage; and
(B) not less than the compensation paid by the employer for the same or similar work performed by an individual who is not disabled;
(2) “individual with a disability” means an individual who has a physical or mental impairment that substantially limits one or more major life activities and that constitutes or results in a substantial barrier to employment.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 28. Equal Employment Opportunity Program › Sec. 39.28.060. Employment discrimination complaints.

(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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 28. Equal Employment Opportunity Program › Sec. 39.28.070. Retaliation prohibited.

(a) An agency, officer, or state employee may not directly or indirectly refuse to hire, transfer, or promote, or dismiss, demote, suspend, lay off, or otherwise discipline a person for filing a complaint with the division of personnel for a failure to comply with affirmative action or equal employment opportunity or for assisting the division of personnel in an investigation of a complaint.
(b) A person who knowingly violates this section is liable for a civil penalty of not more than $1,000.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 28. Equal Employment Opportunity Program › Sec. 39.28.080. Access to confidential records.

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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 28. Equal Employment Opportunity Program › Sec. 39.28.200. Definitions.

In this chapter, unless the context requires otherwise,
(1) “agency” means a department, office, agency, public corporation, board, commission, authority, or other organizational unit of the executive branch;
(2) “department” means the Department of Administration;
(3) “director of personnel” means the director of personnel appointed under AS 39.25.040;
(4) “division of personnel” means the division of personnel established by AS 39.25.030;
(5) “employment in the executive branch of state government” includes employment as a permanent, probationary, provisional, nonpermanent, or temporary employee in the classified, partially exempt, or exempt services in the executive branch of state government;
(6) “member of a protected class” means a person protected by federal or state laws that prohibit discrimination in employment or a person who experiences or has experienced difficulty in obtaining employment or advancement in employment because of another factor not related to merit.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 1. Old Age and Survivors Insurance. › Sec. 39.30.010. Federal territorial agreement.

(a) The director of finance, with the approval of the governor, may on behalf of the territory enter into an agreement with the Federal Security Administrator, consistent with AS 39.30.010 - 39.30.080, for the purpose of extending the benefits of the federal old age and survivors insurance system to employees of the territory or a political subdivision with respect to services specified in the agreement that constitute employment.
(b) The agreement may contain provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration, and other appropriate provisions that the parties agree upon, but, except as may be otherwise required under the Social Security Act as to the services to be covered, the agreement shall provide in effect that
(1) benefits will be provided for employees whose services are covered by the agreement, and their dependents and survivors, on the same basis as though the services constituted employment within the meaning of 42 U.S.C. 401 - 433 (Title II, Social Security Act);
(2) the territory will pay to the secretary of the treasury, as may be prescribed under 42 U.S.C. 301 - 1397f (Social Security Act), contributions with respect to wages equal to the sum of the taxes that would be imposed by 26 U.S.C. 3101 and 3111 (Federal Insurance Contributions Act) if the services covered by the agreement constituted employment within the meaning of that act;
(3) the agreement shall be effective with respect to services in employment covered by the agreement performed from the date specified in it or, as to services to which the agreement is extended by a modification to it, from the date specified in the modification;
(4) all services that constitute employment and are performed in the employ of the territory by employees of the territory shall be covered by the agreement; and
(5) all services which (A) constitute employment, (B) are performed in the employ of a political subdivision of the territory, and (C) are covered by a plan which conforms to the agreement and is approved as set out in AS 39.30.030 shall be covered by the agreement.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 1. Old Age and Survivors Insurance. › Sec. 39.30.020. Contributions by employees.

(a) An employee whose services are covered by an agreement under AS 39.30.010 shall pay for the period of coverage, into the state treasury, contributions equal to the amount of tax that would be imposed by 26 U.S.C. 3101 (Federal Insurance Contributions Act) if the services constituted employment within the meaning of that Act.
(b) The contribution shall be collected by deducting the amount of the contribution from wages. Failure to make deduction does not relieve the employee from liability for the contribution.
(c) If more or less than the correct amount of the contribution is paid or deducted, an adjustment or, if adjustment is impracticable, a refund shall be made without interest, in the manner prescribed by the department.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 1. Old Age and Survivors Insurance. › Sec. 39.30.040. Deposits and withdrawals.

(a) Unless otherwise provided by law, there shall be deposited in the state treasury in trust all contributions collected under AS 39.30.010 - 39.30.080.
(b) The department has power, authority, and jurisdiction over this trust and may perform all acts whether or not specifically designated that are necessary to the administration of this trust.
(c) This trust shall be used and administered exclusively for the purpose of AS 39.30.010 - 39.30.080. Withdrawals may be made only for
(1) payment of amounts required to be paid to the secretary of the treasury by an agreement entered into under AS 39.30.010;
(2) payment of the refunds provided for in AS 39.30.020(c); and
(3) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 1. Old Age and Survivors Insurance. › Sec. 39.30.050. Administrative costs.

The department shall collect from each participating political subdivision its respective pro rata share of the expenses incurred in the administration of AS 39.30.010 - 39.30.080. The amounts collected from participating political subdivisions, together with money appropriated by the state for covering the state's share of administrative costs, shall be deposited in an FICA administration fund and are not allocable to any other purpose. Expenditures from the FICA administration fund shall be included in the governor's budget for each fiscal year and are subject to appropriation by the legislature. At the time of preparation of the governor's annual budget the department shall review the FICA administration fund and adjust the rate of assessment on political subdivisions so as to prevent the accumulation of more money than is needed to administer AS 39.30.010 - 39.30.080.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 1. Old Age and Survivors Insurance. › Sec. 39.30.060. Regulations.

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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 1. Old Age and Survivors Insurance. › Sec. 39.30.080. Definitions.

In AS 39.30.010 - 39.30.080,
(1) “department” means the Department of Administration;
(2) “employee” includes an officer of a political subdivision of the state;
(3) “employment” means any service performed by an employee of a political subdivision of the state, except (A) service that in the absence of an agreement entered into under AS 39.30.010 - 39.30.080 would constitute “employment” as defined in the Social Security Act; or (B) service that under the Social Security Act may not be included in an agreement between the state and the Federal Security Administrator entered into under AS 39.30.010 - 39.30.080;
(4) “Federal Insurance Contributions Act” means subchapter A of chapter 9 of the Federal Internal Revenue Code as amended;
(5) “Federal Security Administrator” includes an individual to whom the Federal Security Administrator has delegated any functions under the Social Security Act with respect to coverage under that act of employees of states and territories and their political subdivisions;
(6) “political subdivision” includes an instrumentality of the state or of a political subdivision, or of the state and a political subdivision, but only if the instrumentality is a juristic entity legally separate and distinct from the state or the political subdivision and only if its employees are not, by virtue of their relation to the juristic entity, employees of the state or the political subdivision;
(7) “Social Security Act” means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, cited as the “Social Security Act,” including regulations and requirements issued under it, and its amendments;
(8) “wages” means remuneration for employment, including the cash value of remuneration paid in any medium other than cash, except that “wages” does not include that part of remuneration that, even if it were for “employment” within the meaning of the Federal Insurance Contributions Act, would not constitute “wages” within the meaning of that Act.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 2. Group Life and Health Insurance. › Sec. 39.30.091. Authorization for self-insurance and excess loss insurance.

Notwithstanding AS 21.86.310 or AS 39.30.090, the Department of Administration may provide, by means of self-insurance, one or more of the benefits listed in AS 39.30.090(a)(1) for state employees eligible for the benefits by law or under a collective bargaining agreement and for persons receiving benefits under AS 14.25, AS 22.25, AS 39.35, or former AS 39.37, and their dependents. The department shall procure any necessary excess loss insurance under AS 39.30.090.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 2. Group Life and Health Insurance. › Sec. 39.30.097. Alaska retiree health care trusts.

(a) The commissioner of administration is authorized to prefund medical benefits provided by AS 14.25.168, AS 22.25.090, and AS 39.35.535 by establishing an irrevocable trust that is exempt from federal income tax under 26 U.S.C. 115 and subject to the applicable financial reporting, disclosure, and actuarial requirements of the Governmental Accounting Standards Board.
(b) The commissioner of administration is authorized to prefund medical benefits provided by AS 14.25.480, AS 39.30.300, and AS 39.35.880 by establishing an irrevocable trust that is exempt from federal income tax under 26 U.S.C. 115 and subject to the applicable financial reporting, disclosure, and actuarial requirements of the Governmental Accounting Standards Board.
(c) The plans and assets of the Alaska retiree health care trusts shall be under the governance and investment authority of the Alaska Retirement Management Board, which shall serve as trustee of the trust as provided in AS 37.10.210. The commissioner of administration or the commissioner's designee shall serve as administrator of the Alaska retiree health care trusts.
(d) All employer contributions, appropriations, earnings, and reserves for the payment of retiree medical obligations shall be credited to the retiree health care trusts. The prefunded amounts shall be available without fiscal year limitations for retiree medical benefits and administration costs. The amounts remaining in the trusts, if any, after retiree medical benefits and administration costs have been paid in any year shall be retained in the trusts for future payments until the satisfaction of all employer liabilities under the trusts for retiree medical benefits. All prefunded amounts shall be used solely for the payment of retiree medical benefits and administration costs and for no other purpose.
(e) The assets of the Alaska retiree health care trusts may be pooled, for investment purposes, with assets of the retirement systems, so long as such assets are accounted for separately.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 2. Group Life and Health Insurance. › Sec. 39.30.098. Regulations.

The commissioner of administration may adopt regulations to implement AS 39.30.090 - 39.30.097. Regulations adopted by the commissioner under this section relate to the internal management of state agencies, and their adoption is not subject to AS 44.62 (Administrative Procedure Act).
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 3. Special Hazard Insurance. › Sec. 39.30.130. Special hazard insurance.

Upon the request of any state department, the Department of Administration may procure insurance, in addition to workers' compensation insurance, for employees of the department against accidental death or dismemberment occasioned by special hazards in connection with their employment.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.150. Contributions.

(a) In place of contributions to the federal social security system that would have been required on behalf of an employee had the participating employer belonged to the social security system, the participating employer shall contribute an amount equal to 6.13 percent of the wages of the employee up to the taxable wage base then in effect in the social security system. This contribution shall be paid into an individual employee annuity account in the Department of Administration under the terms of the State of Alaska Supplemental Annuity Plan. The department shall pay 6.13 percent of the wages of the employee up to the taxable wage base then in effect in the social security system into the individual employee annuity account established under this subsection. This wage reduction shall be treated as an employer contribution under 26 U.S.C. 414(h)(2). All costs of establishing and administering the programs established under AS 39.30.150 - 39.30.180 shall be paid from the contributions made to the individual employee annuity accounts under this section.
(b) Employees of the division of marine transportation included in AS 39.35.095 - 39.35.680 through the process of collective bargaining under AS 39.35.680(22)(D) may, under the terms of a collective bargaining agreement, utilize contributions made under (a) of this section on their behalf to offset the costs of inclusion in the public employees' retirement system; however,
(1) the state is placed under no obligation to continue making contributions under this section if the state resumes participation in the federal social security system;
(2) the bargaining agreement must provide a mechanism for satisfying any residual liabilities that might exist if the state resumes participation in the federal social security system; and
(3) funds contributed under (a) of this section on behalf of employees who are not covered by maritime union contracts may not be obligated or expended to pay any costs associated with the inclusion of marine transportation employees in AS 39.35.095 - 39.35.680.
(c) An employee may voluntarily elect additional wage reductions to be paid into special individual employee benefit accounts in the Department of Administration. Money in these accounts may only be used to purchase benefits selected by the employee under the supplemental benefits plan established by the administrator.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.153. Repayment of contributions.

Upon termination of employment the amount held on behalf of a terminating employee in the employee's individual employee annuity account shall be paid to the employee under the terms of the State of Alaska Supplemental Annuity Plan.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.155. Management and investment of fund.

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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.160. Benefits.

(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).
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.162. Safeguard of money.

(a) Except as provided in the State of Alaska Supplemental Annuity Plan, amounts held on behalf of, or payable to, an employee or other person who is or who might become eligible for benefits under the plan are not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge of any kind, either voluntary or involuntary, before being received by the person entitled to the amount under the terms of the plan. An attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of a right to amounts held under the plan is void.
(b) Except as provided in AS 09.38.065, amounts held on behalf of, or payable to, an employee or other person who is or who might become eligible for benefits under the plan are exempt from garnishment, execution, or levy.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.170. Participation in program.

(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.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.175. Investment of benefit program receipts.

(a) The board is the fiduciary of the mandatory receipts, under AS 39.30.150(a), of the employee benefits program established under AS 39.30.150 - 39.30.180 and has the same powers and duties concerning the management and investment in regard to those receipts as are provided under AS 37.10.220.
(b) The board may provide a range of investment options and permit a participant or beneficiary of the program to exercise control over the assets in the individual employee annuity account established under AS 39.30.150(a). If the board offers investment options, and if a participant or beneficiary exercises control over the assets in the individual employee annuity account,
(1) the participant or beneficiary is not considered a fiduciary for any reason on the basis of exercising that control; and
(2) a person who is otherwise a fiduciary is not liable under this section for any loss, or by reason of any breach, that results from the individual's exercise of control.
(c) If the board is considering entering into a contract or modifying an existing contract concerning the management or investment of the mandatory receipts of the supplemental employee benefits program, the board shall consult with the commissioner of administration before making a decision on the issue.
(d) The board shall develop a contingency plan that addresses the board's response to possible future investment problems.
(e) Except to the extent clearly set out in the terms of the plan document offered by the employer to the employee, the employer is not liable to the employee for investment losses if the prudent investment standard has been met.
(f) [Repealed, § 132 ch 9 FSSLA 2005.]
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 4. Supplemental Employee Benefits on Withdrawal from Social Security. › Sec. 39.30.180. Definitions.

In AS 39.30.150 - 39.30.180,
(1) “board” means the board of trustees of the Alaska Retirement Management Board established under AS 37.10.210;
(2) “commissioner” means the commissioner of the Department of Administration;
(3) “participating employer” means
(A) the State of Alaska; and
(B) an employer
(i) who is an employer as defined in AS 39.35.680;
(ii) who has never participated in or has withdrawn from participation in the federal social security system; and
(iii) whose participation in the supplemental employee benefit program has been approved by the commissioner.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 5. State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan. › Sec. 39.30.300. State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan established.

The State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan is established for teachers who first become members of the defined contribution plan of the teachers' retirement system under AS 14.25.310 - 14.25.590 on or after July 1, 2006, and employees of the state, political subdivisions of the state, and public organizations of the state who first become members of the defined contribution plan of the public employees' retirement system under AS 39.35.700 - 39.35.990 on or after July 1, 2006.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 30. Insurance and Supplemental Employee Benefits › Article 5. State of Alaska Teachers' and Public Employees' Retiree Health Reimbursement Arrangement Plan. › Sec. 39.30.310. Purpose and effective date.

(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.