Section 22.25.048. Judicial retirement trust fund; accounting and investment.

   (a) The commissioner of administration shall establish a judicial retirement trust fund for the judicial retirement system in which the assets of the system are deposited and held. The trust fund is subject to the restrictions of (h) of this section. The commissioner shall maintain accounts and records for the system.
   (b) All income of the judicial retirement fund and all disbursements made from the fund shall be credited or charged, whichever is appropriate, to the following accounts:
        (1) an individual account that contains the mandatory contributions collected from a person under AS 22.25.011;
        (2) an account that is credited with the contributions of the state court system;
        (3) a retirement reserve account; and
        (4) an expense account for the judicial retirement system that shall be credited with funds transferred from the account described in (2) of this subsection.
   (c) The Alaska Retirement Management Board is the fiduciary of the fund and has the same powers and duties under this section in regard to the judicial retirement trust fund as are provided in AS 37.10.220.
   (d) Within one year following retirement, an amount actuarially determined as necessary to pay fully for the benefits to be received by a person under this chapter shall be transferred first from the individual account described in (b)(1) of this section and, after the individual contributions have been exhausted, then from the court system account described in (b)(2) of this section, into the retirement reserve account described in (b)(3) of this section.
   (e) The contributions of the court system to the retirement reserve account shall contain the actuarially determined amount necessary to fully fund the pension, death benefits, and other benefits paid under the judicial retirement system to a person under this chapter.
   (f) The investment income of the judicial retirement fund shall be allocated in proportion to the balances of assets first to the retired reserve account described in (b)(3) of this section and then to the account described in (b)(2) of this section.
   (g) The account described in (b)(4) of this section is charged with all disbursements representing the administrative expenses incurred by the judicial retirement system. Expenditures from this account shall be included in the budget of the governor for each fiscal year.
   (h) The corpus or income of the assets held in trust as required by the system may not be diverted to or used for other than the exclusive benefit of the members or their beneficiaries.
   (i) If the judicial retirement system is terminated,
        (1) a member whose contributions have not been refunded, regardless of the member's employment status at the date of the termination of the system, shall be considered fully vested in the member's adjusted accrued retirement benefits as of the date of the termination of the system; and
        (2) if all liabilities are satisfied, any excess assets arising from erroneous actuarial computation shall revert to the employer.

Authorities

22.25.011

Notes

References

AS 22.25.011 Contributions of judges and justices.

History

(Sec. 31 ch 137 SLA 1982; Sec. 10 ch 82 SLA 1986; am Sec. 14, 15 ch 141 SLA 1988; am Sec. 6 ch 31 SLA 1992; am Sec. 22, 23 ch 59 SLA 2002; am Sec. 18 ch 92 SLA 2004; am Sec. 50 ch 9 FSSLA 2005)