Section 14.25.164. Spouse's pension.

   (a) If an active or disabled member dies, a pension is payable to the member's spouse if the member made supplemental contributions under AS 14.25.055 for at least one year of credited service. If a retired member or deferred vested member dies, a pension is payable to the member's spouse if the member made supplemental contributions under AS 14.25.055 for at least five years of credited service. Application for the spouse's pension must be made in writing to the administrator.
   (b) A spouse's pension is payable under this section as follows:
        (1) a spouse's pension is equal to 50 percent of the retirement benefit that the deceased member was receiving; if the member was not receiving a retirement benefit, the spouse's pension is equal to 50 percent of the amount the member would have received, based on the member's average base salary and credited service to the date of the member's death and assuming that the member would have been eligible for a normal retirement benefit as of that date;
        (2) in the event of the death of a member's spouse who is receiving a spouse's pension, 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 shall be paid to those beneficiaries described in AS 14.25.166;
        (3) benefits are not payable under this section if benefits are payable under AS 14.25.155, 14.25.157, 14.25.162, or 14.25.167.
   (c) The spouse's pension 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 the spouse dies.

Notes

Implemented As

2 AAC 36.250
2 AAC 36.990

References

2 AAC 36.250
2 AAC 36.990

History

(Sec. 17 ch 151 SLA 1966; am Sec. 10 - 12 ch 84 SLA 1969; am Sec. 19 ch 69 SLA 1970; am Sec. 26 - 28 ch 66 SLA 1973; am Sec. 11 ch 173 SLA 1975; am Sec. 11 ch 128 SLA 1977; am Sec. 20 ch 13 SLA 1980; am Sec. 20 ch 13 SLA 1982; am Sec. 15 ch 106 SLA 1988)