Section 14.25.175. Waiver of adjustments.

   (a) Upon request by an affected member or beneficiary under (b) of this section, the commissioner of administration may waive an adjustment or a portion of an adjustment made under AS 14.25.173 if, in the opinion of the commissioner of administration,
        (1) the adjustment or portion of the adjustment will cause undue hardship to the member or beneficiary;
        (2) the adjustment was not the result of erroneous information supplied by the member or beneficiary;
        (3) before the adjustment was made, the member or beneficiary received confirmation from the administrator that the member's or beneficiary's records were correct; and
        (4) the member or beneficiary had no reasonable grounds to believe the records were incorrect before the adjustment was made.
   (b) In order to obtain consideration of a waiver under this section, the affected member or beneficiary shall file a request with the commissioner of administration in writing within 30 days after receipt of notice that the records have been adjusted. The ruling of the commissioner of administration shall be in writing.
   (c) A ruling of the commissioner of administration to deny a waiver under (b) of this section may be appealed to the office of administrative hearings.
   (d) The office of administrative hearings may reverse the commissioner of administration's decision to deny a waiver and may impose conditions on granting a waiver that it considers equitable. These conditions may include requiring the member or beneficiary to make additional contributions to the plan.
   (e)  [Repealed, Sec. 132 ch 9 FSSLA 2005].  
   (f)   [Repealed, Sec. 57 ch 68 SLA 2000]. 
   (g)   [Repealed, Sec. 57 ch 68 SLA 2000]. 

Authorities

14.25.173;44.64.030

Notes

Implemented As

2 AAC 36.035
2 AAC 36.040
2 AAC 36.060
2 AAC 36.080
2 AAC 36.090
2 AAC 36.092
2 AAC 36.094
2 AAC 36.225
2 AAC 36.990
23 AAC 40.100

References

2 AAC 36.035
2 AAC 36.040
2 AAC 36.060
2 AAC 36.090
2 AAC 36.092
2 AAC 36.225
AS 14.25.173 Adjustments.
AS 44.64.030 Jurisdiction of the office.

History

(Sec. 1 ch 81 SLA 1979; am Sec. 24 ch 137 SLA 1982; am Sec. 11, 12, 57 ch 68 SLA 2000; am Sec. 24 - 27, 132 ch 9 FSSLA 2005)