Section 14.25.150. Refund upon termination.

   (a) Except as provided in (b) of this section, a terminated member is entitled to a refund of the balance of the member contribution account.  A member is not entitled to a refund of supplemental contributions except as provided in AS 14.25.160(a).
   (b) A member who is terminated and is a vested member, deferred vested member, or who is entitled to benefits under AS 14.25.125, and who is married at the time of application for a refund or whose rights to a refund are subject to a qualified domestic relations order is entitled to receive a refund of the balance of the member contribution account only if the member's present spouse and each person entitled under the order consent to the refund in writing on a form provided by the administrator.  The administrator may waive written consent from the person entitled under the order if the administrator determines that the person cannot be located or for other reasons established by regulation.  The administrator may waive written consent from the spouse if the administrator determines that
        (1) the member was not married to the spouse during any period of the member's employment with an employer;
        (2) the spouse has no rights to benefits under AS 14.25.009 - 14.25.220 because of the terms of a qualified domestic relations order;
        (3) the spouse cannot be located;
        (4) the member and spouse have been married for less than two years and the member establishes that they are not cohabiting; or
        (5) another reason established by regulation exists.
   (c) A member who has received a refund of contributions in accordance with this section forfeits corresponding credited service under AS 14.25.009 - 14.25.220.

Authorities

14.40.671;39.35.375

Notes

References

2 AAC 36.806
AS 14.40.671 Participation.
AS 39.35.375 Public service benefit.

History

(Sec. 16 ch 145 SLA 1955; am Sec. 6 ch 142 SLA 1957; am Sec. 4 ch 78 SLA 1962; am Sec. 7 ch 86 SLA 1963; am Sec. 12 ch 151 SLA 1966; am Sec. 5 ch 84 SLA 1969; am Sec. 21 - 23 ch 66 SLA 1973; am Sec. 8 ch 128 SLA 1977; am Sec. 14 ch 137 SLA 1982; am Sec. 5, 6 ch 117 SLA 1986; am Sec. 21 ch 9 FSSLA 2005)