reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 2 - Submission and audit of employer records › 2 AAC 35.235 - Calculation of termination costs

Current through May 31, 2024
(a) An employer
				that proposes to terminate coverage of a department, group, or other
				classification of employees under
				AS
				39.35.615 or
				39.35.957, or terminate
				participation of the employer under
				AS
				39.35.620 or
				39.35.958, must have a termination
				study completed by the plan actuary to determine the actuarial cost to the
				employer for future benefits due employees whose coverage is terminated. The
				employer shall pay the termination costs determined by the study either in a
				lump sum or under a payment plan acceptable to the administrator. The employer
				shall pay the cost of the study.
(b) In addition to the costs calculated in
				(a) of this section, an employer that proposes to terminate coverage of a
				department, group, or other classification of employees under
				AS
				39.35.615 or
				39.35.957. or termination of
				participation of the employer under
				AS
				39.35.620 or
				39.35.958, is required to pay to
				the plan until the past service liability of the plan is extinguished an amount
				calculated by applying the current past service rate adopted by the board to
				salaries of the terminated employees as required by
				AS
				39.35.625(a). This payment
				shall be made each payroll period or the employer may enter into a payment plan
				acceptable to the administrator for each fiscal year.
(c) Interest as provided under
				AS
				39.35.610(a) is applied to
				the termination costs if an employer defaults in the payments under (a) or (b)
				of this section.
Authority:
AS
					 39.35.003
AS 39.35.615
AS 39.35.620
AS 39.35.625
AS 39.35.957
AS
					 39.35.958
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 2 - Submission and audit of employer records › 2 AAC 35.237 - Valid beneficiary designations in the defined benefit and defined contribution plan

Current through May 31, 2024
A designation of beneficiary, a change or revocation of a
				  beneficiary, or a consent to a revocation of a beneficiary must be made on a
				  form provided by the administrator and filed with the plan administrator or the
				  administrator's designee. The administrator's designee is the entity with which
				  the administrator has a contract for beneficiary recordkeeping at the time of
				  filing.
Authority:
AS
					 39.35.003
AS 39.35.490
AS
					 39.35.850
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 2 - Submission and audit of employer records › 2 AAC 35.238 - Defined contribution plan qualified domestic relations orders (QDROs)

Current through May 31, 2024
(a) After a
				member covered under
				AS
				39.35.700-39.35.900 is divorced or the
				member's marriage is dissolved, the member's former spouse has no individual
				rights or entitlements to benefits from the system, but may, under a qualified
				domestic relations order, establish a separate interest in the vested
				contributions attributed to the member. To be valid and enforced by the
				administrator, a qualified domestic relations order must conform to both the
				requirements of AS 39.35 and the requirements of the United States Internal
				Revenue Code that the system must comply with in order to maintain its federal
				tax-qualified status.
(b) An
				alternate payee
(1) may only be the former
				spouse of a member who has been named by an order of a court of competent
				jurisdiction to receive all or a portion of the member's vested contribution
				account;
(2) will have a separate
				account established wherein the vested contributions of the member plus or
				minus the earnings on those contributions will be deposited according to the
				court's directive in a qualified domestic relations order (QDRO);
(3) may elect to receive funds from the newly
				established account, leave the money in the account and manage it in the same
				manner as active or deferred participants, or elect to receive the funds under
				one of several disbursement options under
				AS
				39.35.820.
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.240 - Alaska cost-of-living allowance

Current through May 31, 2024
(a) The Alaska
				cost-of-living allowance established under
				AS
				39.35.480 accrues from the first day of the
				month after written application from the member, on a form prescribed by the
				administrator, is either hand delivered to the division of retirement and
				benefits, or is mailed to the division of retirement and benefits and
				postmarked from within Alaska. If a mailed application has a postmark on which
				the date is missing or illegible, the postmark day is rebuttably presumed to be
				five working days before the day the application is received by the
				division.
(b) Except as otherwise
				provided by
				AS
				39.35.480, a member must be domiciled and
				physically present in Alaska to receive a cost-of-living allowance under
				AS
				39.35.480.
(c) For the purposes of this chapter, a
				person domiciled in the state is a person who
(1) maintains his or her principal place of
				residence in the state of Alaska;
(2) demonstrates at all times during an
				absence an intent to return to Alaska and remain a resident of Alaska;
				and
(3) does not claim residency
				outside the state or obtain benefits of residency in another state or
				nation.
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.250 - Designation of beneficiary under joint and survivor option

Current through May 31, 2024
An employee who elects to designate a spouse or dependent as
				  contingent beneficiary may not change that designation after the date of
				  appointment to retirement unless the employee makes written application and
				  receives approval in writing from the administrator.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.250, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.450
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.253 - Waiver of survivor benefit by a spouse in favor of another dependent

Current through May 31, 2024
The only dependent other than a spouse whom the administrator
				  will approve as a contingent beneficiary for a joint and survivor benefit under
				  AS
				  39.35.450(a) is a disabled
				  child of the employee who is principally dependent upon the employee for
				  support and who is totally and presumably permanently disabled. An employee who
				  wishes to name a disabled child as the employee's beneficiary under
				  AS
				  39.35.450(a) must file an
				  application on a form provided by the administrator requesting the
				  administrator's approval of the appointment of beneficiary.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.253, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Even though the adoption of
					 2 AAC 35.253 was effective 2/13/2004, it was not
					 published until Register 172, January
					 2005.
Authority:
AS
					 39.35.003
AS 39.35.450
AS
					 39.35.680
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.255 - Revokes a revocable disposition

Current through May 31, 2024
For purposes of
				  AS
				  39.35.490(a) and in
				  accordance with
				  AS
				  13.12.804(a)(1)(A), a
				  divorce, a dissolution of a marriage, or an annulment of a marriage revokes a
				  revocable disposition or appointment of property. If a member designates a
				  spouse as a beneficiary and is subsequently divorced or a dissolution or
				  annulment of marriage is granted, the beneficiary designation is void unless
				  the member, in writing after the divorce, dissolution, or annulment,
				  specifically reaffirms the former spouse as a beneficiary.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.255, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.490
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.260 - Eligibility for benefits

Current through May 31, 2024
To be eligible for retirement benefits under
				  AS
				  39.35.370(a)(1) and (b),
				  nonoccupational disability benefits under
				  AS
				  39.35.400(a) and
				  nonoccupational death benefits under
				  AS
				  39.35.420(b), an employee
				  must have at least five years of credited service for which no indebtedness is
				  owed at the time of retirement, disability, or death. An employee retiring
				  under AS
				  39.35.370(a)(2) or (3) must
				  have 20 years of credited service and 30 years of credited service,
				  respectively, for which no indebtedness is owed at the time of retirement,
				  unless the employee claims credited service as a peace officer under
				  AS
				  39.35.370(g) or (h). To be
				  eligible for retirement benefits under
				  AS
				  39.35.385(f), an employee
				  must have at least 60 days of credited service in each of five legislative
				  sessions for which no indebtedness exists at the time of
				  retirement.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.260, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS 39.35.370
AS 39.35.385
AS 39.35.400
AS
					 39.35.420
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.270 - Verification of benefits for earlier federal service

Current through May 31, 2024
A member who has been credited with service under
				  AS
				  39.35.360 may be required to provide the
				  administrator with proof of the benefit amount the member is receiving from the
				  United States Government for that same period of service, or proof that the
				  member is not entitled to receive a benefit from the United States Government
				  for that same period of service. The administrator may require a member
				  credited with earlier federal service under
				  AS
				  39.35.360 to submit proof under this section
				  before appointment to retirement and once a year after appointment to
				  retirement.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.270, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.360
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.275 - Benefit adjustments

Current through May 31, 2024
(a) A benefit overpayment other than one
				described in
				AS
				39.35.520(b) or waived under
				AS
				39.35.522 must be recovered by applying a
				lifetime actuarial reduction to the benefit recipient's future monthly
				benefits, unless the benefit recipient elects to pay the overpayment in a lump
				sum.
(b) A benefit underpayment
				must be paid to the recipient
(1) by applying
				a lifetime actuarial increase to the recipient's future monthly benefits if the
				underpayment exceeds $3,500, unless the recipient elects to receive a lump sum
				payment; or
(2) by lump sum if the
				underpayment is $3,500 or less.
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.280 - Benefits for service under more than one membership category

Current through May 31, 2024
Benefits and credited service accrue on the basis of the
				  employee's occupational category. If an employee has credited service both as a
				  peace officer or fireman and as an elected official or regular employee, the
				  portion of that employee's benefit attributable to each category of service
				  will be calculated separately under the benefit provision applicable to each
				  occupational category. Average monthly compensation will be determined once to
				  apply to all categories of service in accordance with
				  AS
				  39.35.680.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.280, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.370
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.285 - Actuarial cost of public service benefit

Current through May 31, 2024
For the purpose of calculating the actuarial cost of a public
				  service benefit, interest earned on contributions and indebtedness payments
				  means total investment returns as reported by the plan's financial statements
				  in each relevant annual financial report of the system.
Effective 7/20/2006, the Register 179, Department of
					 Administration readopted
					 2 AAC 35.285, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.375
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.290 - Application for disability benefits

Current through May 31, 2024
(a) The
				administrator shall determine eligibility for disability benefits under AS
				39.35. The administrator may require the employee to provide additional
				information and to submit to an examination by one or more physicians of the
				administrator's choosing at the division's expense.
(b) An employee may apply to the
				administrator for a determination of eligibility for disability benefits before
				employment is terminated. A determination by the administrator finding
				disability is void if the employee fails to terminate employment within 30 days
				of the date of the determination.
(c) When a determination is made under this
				section before termination, notice of the determination will be mailed to the
				employee's employer.
(d) A person
				who fails to file an application for disability benefits within the time
				established by this section forfeits the right to apply, unless the person
				demonstrates to the administrator that there are extraordinary circumstances
				that prevented the person from meeting the deadline. Extraordinary
				circumstances may include being adjudged as incompetent or confined to a
				hospital, but do not include lack of information or mere neglect.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.290, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Even though the amendments to
					 2 AAC 35.290(d) were effective
					 2/13/2004, they were not published until Register 172, January
					 2005.
Authority:
AS
					 39.35.003
AS 39.35.400
AS 39.35.410
AS
					 39.35.680
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.291 - Recovers from disability

Current through May 31, 2024
(a) Occupational
				disability benefits cease when a member recovers from an injury or illness.
				Proof of such recovery may include, among other things, medical evidence or
				proof of capability to work in a comparable position offered to the member by
				an employer as defined in
				AS
				39.35.680. A "comparable position" may
				include a position that requires similar strengths and abilities to the
				position held by the member at the time of termination of employment or a
				position that provides compensation of 75 percent or more of the salary used to
				calculate the member's Public Employees' Retirement System of Alaska (PERS)
				occupational disability benefit, adjusted for inflation. The adjustment for
				inflation is effective July 1 of each year and is the percentage increase in
				the consumer price index for urban wage earners and clerical workers for
				Anchorage, Alaska during the previous calendar year as determined by the United
				States Department of Labor, Bureau of Labor Statistics.
(b) Nonoccupational disability benefits cease
				when a member recovers from an injury or illness or is capable of working in
				any full-time position.
(c) The
				administrator may, in the administrator's discretion, require a member to
				submit evidence of the member's recovery to work, including a copy of the
				member's most recent federal tax return to determine if a member receiving
				nonoccupational disability benefits has returned to work or a member receiving
				occupational disability benefits has returned to work and is earning wages
				comparable to the gross monthly compensation used to calculate the member's
				occupational disability benefit.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.291, except for
					 2 AAC 35.291(a) and (b), without
					 change, to affirm the validity of that section following statutory amendments
					 made in ch. 9, FSSLA 2005. The department also amended
					 2 AAC 35.291(a) and (b). Chapter 9,
					 FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Even though the adoption of amendments and new sections (b)
					 and (c) were effective 2/13/2004, it was not published until Register 172,
					 January 2005.
Authority:
AS
					 39.35.003
AS 39.35.400
AS 39.35.410
AS
					 39.35.890
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.295 - Application for retirement

Current through May 31, 2024
(a) It is the
				responsibility of the member to make application for retirement in writing on a
				form prescribed by the administrator. The effective date of application is the
				day the application is received by the division; or, if mailed, the day the
				application is postmarked. A member requesting appointment to retirement should
				apply 30 days before the requested retirement date.
(b) Repealed 7/20/2006.
(c) Repealed 7/20/2006.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.295, except for
					 2 AAC 35.295(b) and (c), without
					 change, to affirm the validity of that section following statutory amendments
					 made in ch. 9, FSSLA 2005.
					 2 AAC 35.295(b) and (c) were repealed.
					 Chapter 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and
					 largely transferred the board's authority to adopt regulations in 2 AAC 35 to
					 the commissioner of administration.
Authority:
AS
					 39.35.003
AS 39.35.370
AS
					 39.35.385
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.296 - Compliance with the Internal Revenue Code

Current through May 31, 2024
(a) Pursuant to
				AS
				39.35.115, and for purposes of compliance
				with the Internal Revenue Code of 1986, as amended, and applicable Treasury
				Regulations, the Public Employees' Retirement System Tiers 1, 2, and 3 Defined
				Benefit Plan under
				AS
				39.35.095-39.35.680 adopts by reference, as
				part of the governing Plan document, the
Retirement System IRS
				Compliance Policy
date August 2015, as amended from time to
				time.
(b) When an amended version of
				the
Retirement System IRS Compliance Policy
is made available,
				the Division will, not later than 30 days after the effective date of the
				amended version, post on the Alaska Online Public Notice System and publish in
				a newspaper of general circulation or trade or industry publication a notice
				that describes the amended material and how a copy of the amended version may
				be obtained or reviewed. The division will also furnish the notice described in
				this subsection to each person or group that has filed a request for notice of
				proposed action with the commissioner and furnish a copy to each incumbent
				Alaska state legislator, the Legislative Affairs Agency, and to the regulations
				attorney in the Department of Law.
The Retirement System IRS Compliance Policy is posted on
					 the Division of Retirement and Benefits website at
http://doa.alaska.gov/drb
.
Authority:
AS
					 39.35.003
AS
					 39.35.005
AS 39.35.115
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.300 - Refunds of payments applied toward indebtedness

Current through May 31, 2024
When computing a retirement benefit for a member who has an
				  outstanding indebtedness balance, if the division of retirement and benefits
				  determines that the adjusted retirement benefit using the credited service
				  gained from establishing the indebtedness is less than the benefit would have
				  been had the additional service not been claimed, the division shall refund all
				  indebtedness payments, plus accrued interest, upon payment of benefits
				  only.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.300, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.200
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.310 - Post-retirement pension adjustments

Current through May 31, 2024
(a) Repealed
				7/20/2006.
(b) The amount of the
				post-retirement pension adjustment will be calculated under
				AS
				39.35.475 for each full year in which
				benefits have been received, and a proportionately reduced amount calculated
				for each partial year depending on the number of months in which benefits have
				been received.
(c) A retired
				employee who first joined the system before July 1, 1986 and who is eligible
				for a PRPA under
				AS
				39.35.475 will receive either the PRPA
				calculated under the current version of
				AS
				39.35.475 or the adjustment calculated under
				the version of
				AS
				39.35.475 in effect before July 1, 1986,
				whichever is greater.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.310, except for
					 2 AAC 35.310(a) and (b), without
					 change, to affirm the validity of that section following statutory amendments
					 made in ch. 9, FSSLA 2005. The department also repealed
					 2 AAC 35.310(a) and amended
					 2 AAC 35.310(b). Chapter 9, FSSLA 2005
					 eliminated the Public Employees' Retirement Board, and largely transferred the
					 board's authority to adopt regulations in 2 AAC 35 to the commissioner of
					 administration.
Even though the adoption of
					 2 AAC 35.310(c) was effective
					 2/13/2004, it was not published until Register 172, January
					 2005.
Authority:
AS
					 39.35.003
AS
					 39.35.475
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.313 - Determination of PRPA eligibility after disability or death

Current through May 31, 2024
(a) The number of
				years and partial years a member has spent as a disability benefit recipient
				will be included when determining eligibility for benefit increases under
				AS
				39.35.475 for a member previously receiving a
				disability benefit whose benefit has been converted to a normal retirement
				benefit.
(b) When determining
				eligibility for PRPA increases for a person receiving survivor benefits, the
				age that the member would have attained had they lived and the total number of
				years both the member and the survivor have received benefits under this system
				will be included.
Even though the adoption of
					 2 AAC 35.313 was effective 2/13/2004, it was not
					 published until Register 172, January
					 2005.
Authority:
AS 39.35.040
AS 39.35.042
AS
					 39.35.475
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.315 - Level income option

Current through May 31, 2024
A retirement benefit adjustment at age 65 for a member who
				  has selected the level income option applies to post-retirement pension
				  adjustments (PRPA) and the Alaska cost-of-living allowance (COLA). Except as
				  provided in
				  2 AAC 35.320, the COLA percentage and the percentage of
				  PRPAs accrued at the time of the adjustment are applied to the after age 65
				  base retirement benefit to determine the adjusted COLA and PRPA
				  amounts.
Authority:
AS 39.35.040
AS 39.35.042
AS
					 39.35.460
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.320 - Calculation of retirement benefits after reemployment

Current through May 31, 2024
(a) Upon subsequent
				retirement after a period of reemployment in a PERS covered position,
				retirement benefits are recalculated under this section for those members who
				were first enrolled in PERS before July 1, 1977. The recalculation shall
				combine all periods of employment, and shall use the average of the highest
				three consecutive year's earnings over the member's entire career. The
				appropriate percentage specified under
				AS
				39.35.370(c) are applied to
				the member's entire credited service for the calculation of the subsequent
				retirement benefit amount.
(b) The
				subsequent retirement benefit becomes effective under
				AS
				39.35.370(e), and the
				effective date of a subsequent retirement benefit supercedes former retirement
				effective dates.
(c) On subsequent
				retirement after a period of reemployment, a member may elect any of the
				retirement options for which the member qualifies. All future benefits are paid
				based on that option regardless of the benefit option initially elected on
				previous retirement segments.
(d) A
				member who was receiving a reduced early retirement benefit is indebted to the
				system for benefits received from the date of early retirement through the date
				of reemployment or through the end of the month in which the member becomes 55
				years of age whichever is sooner. The member's base benefit as calculated under
				AS
				39.35.370 will be actuarially reduced before
				calculation of final benefits under
				AS
				39.35.450 or former
				AS
				39.35.460.
(e) If the member had previously selected a
				level income option (LIO),
(1) for members who
				returned to work before age 65, an actuarial adjustment shall be made to reduce
				future benefits paid; the adjustment is the difference of the amount that was
				paid under the LIO and the amount that would have been paid had the member
				elected a normal or early retirement benefit;
(2) for members who returned to work after
				age 65, an actuarial adjustment shall be made to adjust future benefits paid;
				the adjustment is based on the difference of (X) the amount that was paid
				before age 65 under the LIO less the amount that would have been paid had the
				member elected a normal or early retirement benefit and (Y) the amount the
				member would have been paid from age 65 to the date of reemployment if the
				member elected a normal or early benefit less the amount the member received
				during that time.
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.321 - Calculation of early and LIO retirement benefits after reemployment

Current through May 31, 2024
(a)
				If a member has elected either a reduced early retirement benefit or a level
				income option (LIO) and then returns to work in a PERS designated position,
				retirement benefits are suspended during the period of reemployment, and
				recalculated upon subsequent retirement under to this section.
(b) Effective the first day following
				termination of the period of reemployment, the initial benefit is reinstated
				with the same options and in the same amount as immediately preceding its
				suspension; and an adjustment will be made to the initial retirement benefit to
				reimburse the retiree for the portion of benefits missed during the period of
				reemployment. The adjustments are retroactive to the effective date of the
				subsequent retirement benefit under
				AS
				39.35.370(c), and an
				additional benefit is calculated based on the option elected for the new
				segment, the supplementary credited service during the period of reemployment,
				the earnings during the period of reemployment, and the appropriate percentage
				specified by
				AS
				39.35.370(e).
(c) For members who elected an early
				retirement benefit, the total adjustment for benefits missed during the period
				of reemployment equals the difference between the early base benefit that the
				member was receiving before returning to work and the normal benefit that the
				member would have received had the member been eligible for normal benefits.
				The total adjustment will then be actuarially prorated and distributed to the
				member monthly.
(d) For members who
				elected a LIO, the total adjustment for benefits missed during the period of
				reemployment equals the difference between the LIO base benefit that the member
				was receiving before returning to work and the normal benefit that the member
				would have received had the member elected the normal option. The total
				adjustment amount will then be actuarially prorated and distributed to the
				member monthly. This adjustment does not apply if the member is age 65 or older
				on returning to work.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.321, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.150
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.325 - Defined benefit plan qualified domestic relations orders (QDRO's)

Current through May 31, 2024
(a) After a
				member covered under
				AS
				39.35.095-39.35.680 is divorced or the
				member's marriage is dissolved, the member's former spouse has no individual
				rights or entitlements to benefits from the system, but may, under a qualified
				domestic relations order, share in the stream of benefit payments paid to the
				member. To be valid and enforced by the administrator, a qualified domestic
				relations order must conform to both the requirements of AS 39.35 and the
				requirements of the United States Internal Revenue Code that the system must
				comply with in order to maintain its federal tax-qualified status.
(b) An alternate payee
(1) may only be the former spouse of a member
				who has been named by an order of a court of competent jurisdiction to receive
				all or a portion of the member's retirement benefit;
(2) may not elect benefit options, but may
				only share in benefit options elected by the member;
(3) may not name survivors or beneficiaries
				to the alternate payee's portion of the member's benefit;
(4) will not be provided medical or insurance
				benefits at the system's expense but may purchase coverage from the system at
				the full calculated cost to the system; the alternate payee must elect to
				purchase the coverage within 60 days after appointment to benefits.
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 3 - Benefits under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.329 - Actuarial adjustment factor basis

Current through May 31, 2024
(a) The basis of
				the assumptions for the reduced benefit actuarial adjustment factors from July
				1, 1973 through June 30, 1975 are
(1) for the
				50 percent or 75 percent joint and survivor option, a factor set using separate
				male and female rates from the 1971 Group Annuity Mortality Table, table GA71M
				for males and table GA71F for females, with
(A) annual interest rates for female members
				age 50 and a male spouse age 48, through female member age 60 with a male
				spouse age 62, that varies from 1.43 percent through 0.00 percent,
				respectively, with varying rates in between for other ages; or
(B) annual interest rates for male members
				age 50 and a female spouse age 48, through male member age 60 with a female
				spouse age 62, varies from 4.14 percent through 4.19 percent respectively, with
				varying rates in between for other ages;
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.330 - Calculation of creditable service

Current through May 31, 2024
(a) Service credit
				for permanent full-time employees is granted on the basis of one calendar day
				of service for each day in pay status. Regularly scheduled days off and
				holidays are allowed as credited service, provided that the employee was held
				in pay status on the regularly scheduled workdays immediately preceding and
				following the holiday or regularly scheduled days off.
(b) Service credit for permanent part-time
				employees is calculated as provided in law. In no case may a permanent
				part-time employee earn service credit in excess of that which may be earned by
				a permanent full-time employee.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.330, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS 39.35.300
AS
					 39.35.680
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.333 - Service used to calculate vesting and retirement eligibility

Current through May 31, 2024
Unless a provision of AS 39.35 or of this chapter otherwise
				  provides, only service credit that is earned by an active employee under
				  AS
				  39.35.300 or
				  AS
				  39.35.310 and that is paid in full can be
				  used to determine the date that an employee
(1) attains vested member status;
				and
(2) becomes eligible to retire
				under AS
				39.35.370(a)(2) or
				(3).
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.333, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Even though the adoption of
					 2 AAC 35.333 was effective 2/13/2004, it was not
					 published until Register 172, January
					 2005.
Authority:
AS
					 39.35.003
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.335 - Purchase of credited service for leave of absence due to on-the-job injury

Current through May 31, 2024
Service that has been claimed by a member under
				  AS
				  39.35.330(c) and
				  39.35.330(d)
				  counts towards vested member status and retirement eligibility once the cost to
				  claim the service has been paid in full.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.335, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Even though the adoption of
					 2 AAC 35.335 was effective 2/13/2004, it was not
					 published until Register 172, January
					 2005.
Authority:
AS
					 39.35.003
AS 39.35.300
AS
					 39.35.310
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.340 - Service credit for authorized leave of absence

Current through May 31, 2024
Any period or periods of authorized leave of absence without
				  pay totaling not more than 10 working days in a calendar year will be
				  considered as creditable service. Once the total of any period or periods of
				  authorized leave of absence without pay exceeds 10 working days in a calendar
				  year, the entire period or periods of absence will be considered as an
				  interruption of employment and no credited service will be granted. Service is
				  credited on a daily rate basis for all full-time permanent employment with the
				  state or a participating political subdivision. The table supplied by the
				  consulting actuaries is used for computation purposes.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.340, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.330
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.350 - Temporary employment not creditable

Current through May 31, 2024
An employment segment which has been designated as a
				  temporary or nonpermanent appointment, or an employment segment for which a
				  person has been designated as a temporary or nonpermanent employee by the
				  employer is not creditable under this system except for temporary employment
				  claimed under
				  AS
				  39.35.345, and temporary legislative
				  employment claimed under
				  AS
				  39.35.385(f) and
				  39.35.680(40).
				  For purposes of AS 39.35, Comprehensive Employment and Training Act (CETA)
				  employees are, designated temporary employees.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.350, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS 39.35.345
AS
					 39.35.680
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.351 - Temporary service

Current through May 31, 2024
Only full-time temporary service may be applied toward a
				  service retirement under
				  AS
				  39.35.345(d).
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.351, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS
					 39.35.345
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.352 - Election to use claimed temporary service toward eligibility for a normal service retirement

Current through May 31, 2024
An employee who has claimed temporary service under
				  AS
				  39.35.345 shall make an election whether or
				  not to use the temporary service to satisfy the credited service requirements
				  for normal retirement at application for retirement.
Authority:
AS
					 39.35.003
AS
					 39.35.345
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.353 - Cost of claimed or converted service used for retirement eligibility

Current through May 31, 2024
(a) The cost
				for converting membership service for retirement eligibility under
				AS
				39.35.370(g) and
				AS
				39.35.370(h) is the
				difference between the present value of the benefits the employee receives
				after the conversion and the present value of the benefits that the employee
				would have received without the conversion credit.
(b) The cost for claimed temporary service to
				be used for retirement eligibility as provided by
				AS
				39.35.345(d) is the
				difference between the present value of the benefits that the employee receives
				after the conversion and the present value of the benefits the employee would
				have received without the conversion credit.
Effective 7/20/2006, Register 179, the Department of
					 Administration readopted
					 2 AAC 35.353, without change, to affirm the validity of
					 that section following statutory amendments made in ch. 9, FSSLA 2005. Chapter
					 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
					 transferred the board's authority to adopt regulations in 2 AAC 35 to the
					 commissioner of administration.
Authority:
AS
					 39.35.003
AS 39.35.345
AS
					 39.35.370
Alaska Administrative Code › Title 2 - Administration › Chapter 35 - Public Employees' Retirement System › Article 4 - Service under the Defined Benefit Plan (AS 39.35.095 - 39.35.680) › 2 AAC 35.355 - Military service performed after call to active duty

Current through May 31, 2024
Military service performed by an employee who is a member of
				  a reserve or National Guard unit after a call to active duty, whether voluntary
				  or involuntary, constitutes membership service and does not count towards the
				  maximum number of years of military service allowed to be claimed under
				  AS
				  39.35.340(a).
Even though the adoption of
					 2 AAC 35.355 was effective 2/13/2004, it was not
					 published until Register 172, January
					 2005.
Authority:
AS
					 39.35.003
AS
					 39.35.340