Section 39.35.340. Military service.

   (a) A vested employee is entitled to credited service for active military service in the armed forces of the United States, either by enlistment or induction, if the employee received a discharge under honorable conditions and is not entitled to receive retirement benefits from the United States government for the same service.  The credited service allowed may not exceed an aggregate period of five years. Benefits are not payable on credited service for military service unless the employee makes retroactive contributions to the plan for the period of time that service credit is claimed. However, if the employee was in the employ of an employer on the date of entry into the armed forces and returned to the employ of an employer within 90 days after the date of discharge from military service, the employee is not required to make retroactive contributions under this plan for the period of credited service.
   (b) In order to obtain credited service under this section, an employee shall make an election to do so and shall verify the period of military service. When eligibility for credited service for military service has been established, an indebtedness shall be determined as follows:
        (1) determine the employee's actual compensation, or the calculated annual compensation for those employees working less than 12 months, during the calendar year 1976 or the year in which an employee first becomes vested under AS 39.35.095 - 39.35.680, whichever is later;
        (2) multiply the amount determined under (1) of this subsection by the number of years of military service credited under this section;
        (3) multiply the product determined under (2) of this subsection by six percent for members who are first eligible to claim this military service before January 1, 1987, or eight and one-half percent for members who are first eligible to claim this military service on or after January 1, 1987.
   (c) A retired employee on July 1, 1976, is eligible to receive increased benefits based upon military service as described in (a) of this section. To receive credited service for military service, a retired employee shall verify the military service. When verified, a retired employee is entitled to receive an increased benefit that shall be actuarially adjusted to reflect the employee's indebtedness for that credit.  The indebtedness shall be calculated in the same manner as described in (b) of this section except that it shall be based on the average monthly compensation used in calculating the benefit. The effective date of this increased benefit is the beginning of the month following that in which eligibility has been established.
   (d) The credited service granted under this section may not be used to satisfy the credited service requirements for normal retirement.
   (e) A deferred vested employee on July 1, 1976, is eligible to claim credited service under (a) of this section.  In order to obtain credited service under this section, such an employee shall make an election to do so and shall verify the period of military service. When eligibility for military service has been established, an indebtedness shall be determined as follows: the employee's actual compensation, or the calculated annual compensation for those employees working less than 12 months, during the calendar year the employee terminated, shall be multiplied by six percent; this product shall then be multiplied by the number of years of military service credit under this section.  Interest as prescribed by regulation accrues on this indebtedness commencing July 1, 1978.  Any outstanding indebtedness that exists at the time a person is appointed to retirement necessitates an actuarial adjustment to the benefits payable based upon that military service.
   (f) An employee may not be credited with a period of active military service in the armed forces of the United States under this section if credit for that military service was granted under AS 14.25.009 - 14.25.220.
   (g) A surviving spouse receiving or entitled to receive benefits under AS 39.35.420(b), 39.35.430, or 39.35.440 or benefits under a joint and survivor option filed under AS 39.35.450 is eligible to receive increased benefits based on military service as described in (a) of this section.  To receive credited service for military service, the surviving spouse shall verify the employee's military service. When verified, the surviving spouse is entitled to receive an increased benefit which shall be actuarially adjusted to reflect the indebtedness for that credit. The indebtedness shall be calculated in the same manner as described in (b) of this section except that it shall be based on the average monthly compensation used in calculating the benefit.  Benefits payable under this subsection are effective the first day of the month following that in which eligibility has been established.
   (h) The combined period of military service claimed under this section and under AS 14.25.009 - 14.25.220 may not exceed five years.
   (i) Notwithstanding (d) of this section, a member who retires as a peace officer or firefighter may elect to use five or fewer years of credited service granted under this section in computing years of credited service under AS 39.35.535(c). When eligibility for credited service for military service has been established and an election under this subsection has been made, an indebtedness in addition to the indebtedness determined under (b) of this section shall be determined for each year of military service used under this subsection, in an amount based on the increase, if any, in the present value of future benefits for that year as determined by the department.
   (j) For indebtedness determined under this section, interest as prescribed by regulation accrues beginning on July 1, 1977, or one year following the date a person first becomes vested, whichever is later. An outstanding indebtedness for pension benefits that exists at the time a person is appointed to retirement necessitates an actuarial adjustment to the pension benefits payable based on credited military service.
   (k) Credited service under (a) of this section includes service as a
        (1) foreign service officer, a foreign service reserve officer, or a limited foreign service reserve officer with the United States Department of State in Vietnam, Cambodia, or Laos from August 4, 1964, through November 7, 1975; and
        (2) member of the United States Merchant Marine Service from December 7, 1941, through September 30, 1945.

Authorities

39.35.485;39.35.541

Notes

Implemented As

2 AAC 35.355
2 AAC 35.360
2 AAC 35.400
2 AAC 35.410

References

2 AAC 35.355
2 AAC 35.360
AS 39.35.485 Minimum benefit.
AS 39.35.541 Actuarial reduction of benefit.

History

(Sec. 15 ch 143 SLA 1960; am Sec. 1 ch 123 SLA 1976; am Sec. 29 ch 128 SLA 1977; am Sec. 6 ch 174 SLA 1978; am Sec. 31 - 36 ch 13 SLA 1980; am Sec. 46 ch 137 SLA 1982; am Sec. 16 - 18 ch 82 SLA 1986; am Sec. 97, 98 ch 9 FSSLA 2005; am Sec. 1, 2 ch 81 SLA 2014)