Section 39.35.150. Re-employment of retired employees.

   (a) If a retired employee subsequently becomes an active member, benefit payments may not be made during the period of re-employment. During the period of re-employment, deductions from the employee's salary shall be made in accordance with AS 39.35.160.  Upon subsequent retirement, the retired employee is entitled to receive an additional pension based on the credited service and the average monthly compensation earned during the period of re-employment in accordance with AS 39.35.370.
   (b)  [Repealed by Sec. 12 ch 57 SLA 2001, as amended by Sec. 6 ch 15 SLA 2003 and Sec. 10 ch 50 SLA 2005, effective July 1, 2009]. 
   (c)  [Repealed, Sec. 12 ch 57 SLA 2001, as amended by Sec. 6 ch 15 SLA 2003 and Sec. 10 ch 50 SLA 2005, effective July 1, 2009]. 
   (d) If the initial benefit payments to which the retired member is eligible have been reduced because the member retired early under AS 39.35.370(b) or increased because the member elected to receive a level income option benefit under former AS 39.35.460, the member shall also receive an incremental benefit based on the amount of the reduction imposed by AS 39.35.370(b) or the increase under former AS 39.35.460 on the first benefit and the length of time that the employee was reemployed and not receiving retirement benefits. The amount of the incremental benefit is equal to the difference between the normal retirement benefit to which the member would have been entitled had the member taken a normal retirement and the early retirement benefit or benefit under the level income option that the member has been receiving based on the member's initial period of employment multiplied by the total number of months that the member did not receive retirement benefits because of reemployment and that amount actuarially adjusted to be paid over the expected lifetime of the member. In the case of a member who selected benefits under the level income option, the total number of months may not include any month in which the member was 65 years of age or older.
   (e) A member who retired under AS 39.35.370(a) and participated in a retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a commissioner may become an active member without losing the incentive credit provided under the applicable retirement incentive plan and is not subject to any related reemployment indebtedness.
   (f)  [Repealed, Sec. 12 ch 50 SLA 2005].  
   (g)  [Repealed, Sec. 12 ch 50 SLA 2005].  
   (h)  [Repealed, Sec. 12 ch 50 SLA 2005].  

Authorities

39.35.255

Notes

Implemented As

2 AAC 35.321

References

AS 39.35.255 Contributions by employers.

History

(Sec. 7 ch 143 SLA 1960; am Sec. 4 ch 109 SLA 1970; am Sec. 4 ch 159 SLA 1972; am Sec. 11 ch 1 SLA 1974; am Sec. 20 ch 128 SLA 1977; am Sec. 35 ch 68 SLA 2000; am Sec. 8, 9, 12 ch 57 SLA 2001; am Sec. 4 - 6 ch 15 SLA 2003; am Sec. 7, 8, 12 ch 50 SLA 2005)