Section 14.25.162. Survivor's allowance.

   (a) If an active or disabled member dies and leaves a dependent child, and supplemental contributions have been made under AS 14.25.055 for at least one year of credited service, a survivor's allowance is payable under (b) of this section.  If a retired member or a deferred vested member dies and leaves a dependent child, and supplemental contributions have been made under AS 14.25.055 for at least five years of credited service, a survivor's allowance is payable under (b) of this section. Application for the survivor's allowance must be made in writing to the administrator.
   (b) A survivor's allowance is payable under this section as follows:
        (1) an allowance of 10 percent of the member's base salary immediately before the member's death, retirement, or disability shall be paid for each dependent child; if there are four or more dependent children, the total amount paid to those children is 40 percent of the member's base salary before the member's death, retirement, or disability, paid in equal amounts to each child; the allowance shall be recomputed for the month in which the number of dependent children is less than four and the benefits shall be decreased accordingly; the adoption of a dependent child does not terminate the survivor's allowance payable under this section;
        (2) an allowance of 35 percent of the member's base salary shall be paid to the member's surviving spouse as long as there is an eligible dependent child, as determined under (b)(1) of this section, for whom the surviving spouse is legally responsible; if there is no surviving spouse, an allowance of 10 percent of the member's base salary shall be paid to each court-appointed guardian, not to exceed one allowance for each child or for each group of children who have the same guardian or joint guardians;
        (3) when no further benefits are payable under this section, the difference between the amount that would have been paid under AS 14.25.160 and any payments made to the member, spouse, guardian, or dependent children under this section shall be paid to those beneficiaries described in AS 14.25.166;
        (4) benefits are not payable under this section if benefits are payable under AS 14.25.155, 14.25.157, 14.25.164, or 14.25.167.
   (c) The survivor's allowance accrues from the first day of the month following the death of a member and is payable on the last day of the month.  If payment is delayed, a retroactive payment must be made for the month in which a benefit is payable under this section.  The last payment is for the month in which a benefit is payable under this section.

Authorities

14.25.055;14.25.143;14.25.160

Notes

Implemented As

2 AAC 36.250
2 AAC 36.990

References

2 AAC 36.225
2 AAC 36.250
2 AAC 36.990
AS 14.25.055 Supplemental contributions by teachers.
AS 14.25.143 Post retirement pension adjustment.
AS 14.25.160 Death benefits.

History

(Sec. 16 ch 151 SLA 1966; am Sec. 7 - 9 ch 84 SLA 1969; am Sec. 11, 12 ch 138 SLA 1970; am Sec. 15 ch 32 SLA 1971; am Sec. 1 ch 52 SLA 1972; am Sec. 24, 25 ch 66 SLA 1973; am Sec. 9, 10, 55 ch 128 SLA 1977; am Sec. 19 ch 13 SLA 1980; am Sec. 18, 19 ch 137 SLA 1982; am Sec. 14 ch 106 SLA 1988)