Section 14.25.142. Cost-of-living allowance.

   (a) While residing in the state, a person receiving a benefit under AS 14.25.009 - 14.25.220 who is at least 65 years of age or who is receiving a disability benefit under AS 14.25.009 - 14.25.220 is entitled to receive a monthly cost-of-living allowance in addition to the basic benefit.  The amount of this allowance is 10 percent of the basic benefit.
   (b) A person receiving a cost-of-living allowance under this section shall notify the administrator when the person expects to be absent from the state for a continuous period that exceeds 90 days. After that notification, the person is no longer entitled to receive the monthly cost-of-living allowance, except that a person may be absent from the state for not more than six months without loss of the cost-of-living allowance if the absence is the result of illness and required by order of a licensed physician.  Upon return to the state, and upon notification to the administrator, the person is again entitled to receive the monthly cost-of-living allowance, commencing with the first monthly benefit payment made after notification of the person's return.
   (c) In this section, "residing in the state" means domiciled and physically present in the State of Alaska. A person's status as "residing in the state" does not change if the person is absent from the state for a continuous period of
        (1) 90 days or less;
        (2) six months or less, when ordered by a physician to be absent from the state; or
        (3) any length of time while the person is a member of a reserve or auxiliary component of the armed forces of the United States, including the organized militia of Alaska consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force, and is called to active duty by the appropriate state or federal authority.

Authorities

14.25.143

Notes

Implemented As

2 AAC 36.210

References

2 AAC 36.210
2 AAC 36.257
AS 14.25.143 Post retirement pension adjustment.

History

(Sec. 10 ch 151 SLA 1966; am Sec. 18 ch 66 SLA 1973; am Sec. 6 ch 128 SLA 1977; am Sec. 2, 3 ch 82 SLA 1979; am Sec. 11 ch 97 SLA 1990; am Sec. 1 ch 70 SLA 2003)