Section 14.25.040. Membership; credited service.

   (a) Unless a teacher or member participates in a university retirement program under AS 14.40.661 - 14.40.799 or has elected under AS 14.25.540 to participate in the plan established in AS 14.25.310 - 14.25.590, a teacher or member contracting for service with a participating employer is subject to AS 14.25.009 - 14.25.220.
   (b) A state legislator who was an active member of this plan under other sections of AS 14.25.009 - 14.25.220 within the 12 months immediately preceding election to office may elect to be an active member of this plan for as long as the state legislator serves continuously as a state legislator subject to the requirements of (c) of this section, if, within 90 days after taking the oath of office,
        (1) the state legislator directs the employer in writing to
             (A) pay into this plan the employer contributions required for a member under AS 14.25.009 - 14.25.220; and
             (B) deduct from the state legislator's salary and pay into this plan
                  (i) the employee contributions required for a member under AS 14.25.009 - 14.25.220; and
                  (ii) an amount equal to the difference between the total employer and state contributions required for a member under AS 14.25.009 - 14.25.220 and the employer contributions which would be required under the public employees' retirement system (AS 39.35) if the legislator were covered under that system; and
        (2) notice is given the administrator in writing.
   (c) A state legislator is not entitled to elect membership under (b) of this section if the state legislator is covered for the same period of service under the public employees' retirement system (AS 39.35). An election of membership under (b) of this section is retroactive to the date the state legislator took the oath of office. A state legislator may not receive membership credit under (b) of this section for legislative service performed before the legislative session during which the state legislator elected membership under (b) of this section. In order to continue in membership service under (b) of this section, the state legislator must earn at least 0.3 years of membership service under other sections of AS 14.25.009 - 14.25.220 during each five-year period. A state legislator may not receive membership credit under AS 14.25.009 - 14.25.220 for legislative service on or after the date the legislator commits a criminal offense from which a pension forfeiture under AS 37.10.310 results.
   (d) A person who is employed at least half-time in the plan during the same period that the person is employed at least half-time in a position in the public employees' retirement plan under AS 39.35.095 - 39.35.680 shall receive credited service under each plan for half-time employment. However, the amount of credited service a person receives under the public employees' retirement plan during a school year may not exceed the amount necessary, when added to the amount of credited service earned during the school year under the plan, to equal one year of credited service. A person who was employed at least half-time in a position in the public employees' retirement plan under AS 39.35.095 - 39.35.680 in the same period that the person was employed at least half-time in a position in this plan may claim credited service in both plans for employment before May 31, 1989. To obtain this credited service, the person shall claim the service and verify the period of half-time employment. When eligibility for half-time service credit has been established, an indebtedness shall be determined to the retirement plan in which the person did not participate. The amount of the indebtedness is the full actuarial cost of providing benefits for the credited service claimed. Interest as prescribed by regulation accrues on that indebtedness beginning on the later of July 1, 1989, or the date on which the member is first eligible to claim the service. Any outstanding indebtedness existing at the time the person retires will require an actuarial adjustment to the benefits payable based on that service.
   (e) A teacher who is assaulted while on the job, who files for benefits under AS 23.30, and who, as a result of a physical injury from the assault, is placed on leave without pay, whether or not the teacher is receiving benefits under AS 23.30 for the injury, is entitled to accrue credited service while the teacher, because of the injury, is on leave-without-pay status or is receiving workers' compensation benefits under AS 23.30. Entitlement to earn credited service under this subsection ends when the teacher is eligible to receive benefits under AS 14.25.110(a) or 14.25.130(a).

Authorities

14.25.050;14.25.220

Notes

Recent Bills that will modify this

HB 280 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS
SB 88 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS

Implemented As

2 AAC 36.990

References

2 AAC 36.990
AS 14.25.050 Contributions by members.
AS 14.25.220 Definitions.

History

(Sec. 5 ch 145 SLA 1955; am Sec. 1 ch 86 SLA 1963; am Sec. 1 ch 151 SLA 1966; am Sec. 1 ch 85 SLA 1971; am Sec. 1 ch 66 SLA 1973; am Sec. 1 ch 169 SLA 1976; am Sec. 1 ch 82 SLA 1979; am Sec. 1 ch 58 SLA 1989; am Sec. 1 ch 104 SLA 1989; am Sec. 1 ch 52 SLA 2000; am Sec. 2, 3 ch 57 SLA 2001; am Sec. 4 ch 58 SLA 2001; am Sec. 7 - 9 ch 9 FSSLA 2005; am Sec. 3 ch 47 SLA 2007)