Section 39.35.115. Defined benefit retirement plan.

   (a) A defined benefit retirement plan for employees of the state, political subdivisions, and public organizations is created. The plan becomes effective January 1, 1961, at which time contributions by the employers and members begin.
   (b) The retirement plan established by AS 39.35.095 - 39.35.680 is intended to qualify under 26 U.S.C. 401(a) and 414(d) (Internal Revenue Code) as a qualified retirement plan established and maintained by the state for its employees and for the employees of political subdivisions, public corporations, and public organizations of the state, and for the employees of other employers whose participation is authorized by AS 39.35.095 - 39.35.680 and who participate in this plan.
   (c) An amendment to AS 39.35.095 - 39.35.680 does not provide a person with a vested right to a benefit if the Internal Revenue Service determines that the amendment will result in disqualification of the plan under the Internal Revenue Code.
   (d) The retirement plan established by AS 39.35.095 - 39.35.680 is a joint contributory plan.
   (e) If, upon termination of the plan, all liabilities are satisfied, any excess assets shall be deposited in the general fund, subject to the approval of the termination by the Internal Revenue Service.

Authorities

39.35.650;39.35.940

Notes

Implemented As

2 AAC 35.215
2 AAC 35.296

References

2 AAC 35.296
AS 39.35.650 Refunds to employers.
AS 39.35.940 Transfer into defined contribution plan by nonvested members of defined benefit plan.

History

(Sec. 85 ch 9 FSSLA 2005; am Sec. 58 ch 20 SLA 2007; am Sec. 3 ch 52 SLA 2014)