Section 14.25.130. Disability benefits.

   (a) A member who has five or more years of membership service is eligible for a disability pension if, after July 1, 1966, and before the member's normal retirement date, the member's employment is terminated because of a permanent disability as defined in AS 14.25.220.
   (b)   [Repealed, Sec. 16 ch 13 SLA 1980]. 
   (c) Once each year during the first five years following appointment to disability under this section, and once every three-year period thereafter, the administrator may require a disabled member who has not attained eligibility for normal retirement to undergo a medical or mental examination by a competent physician.  The administrator shall suspend any disability benefit for a disabled member who refuses to undergo a physical or mental examination when requested under this section.
   (d) The amount of the disability benefit is equal to 50 percent of the member's base salary immediately before becoming disabled. The disability benefit is increased by 10 percent of the member's base salary immediately before becoming disabled for each dependent child, up to a maximum of four dependent children.
   (e) Benefits payable under this section accrue from the first day of the month after which the following requirements are met: (1) the member meets the eligibility requirements of this section; and (2) the member terminates employment.  The benefits are payable the last day of the month.  If payment is delayed, a retroactive payment must be made to cover the period of deferment.  The last payment for a dependent child shall be for the month in which the child ceases to be a dependent child.  The last payment for the disabled member shall be made for the month in which the disabled member recovers from the disability, dies, or is eligible for normal retirement.
   (f) A member is not entitled to a disability benefit under this section unless the member files a timely application for the benefit with the administrator. The application is timely if it is filed by the later of six months after the date that the member's disability began or 90 days after the termination of the member's employment. The administrator may waive a filing deadline under this subsection if there are extraordinary circumstances that resulted in the inability to meet the filing deadline. The administrator may delegate the authority to waive a filing deadline under this subsection to the administrator.

Authorities

14.20.165;14.25.167;23.30.224

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 36.023
2 AAC 36.230
2 AAC 36.234
2 AAC 36.250
2 AAC 36.990

References

2 AAC 36.023
2 AAC 36.230
2 AAC 36.234
2 AAC 36.250
2 AAC 36.257
2 AAC 36.990
2 AAC 39.100
2 AAC 39.290
2 AAC 39.399
AS 14.20.165 Restoration of tenure rights.
AS 14.25.167 Joint and survivor option.
AS 23.30.224 Coordination of benefits.

History

(Sec. 14 ch 145 SLA 1955; am Sec. 12 ch 89 SLA 1960; am Sec. 5 ch 86 SLA 1963; am Sec. 8 ch 151 SLA 1966; am Sec. 15 ch 66 SLA 1973; am Sec. 7 ch 173 SLA 1975; am Sec. 2 ch 169 SLA 1976; am Sec. 16 ch 13 SLA 1980; am Sec. 12 ch 137 SLA 1982; am Sec. 8, 9 ch 68 SLA 2000)