Section 39.35.385. Conditional service retirement benefits.

   (a) Subject to AS 39.35.450, an employee is eligible for a normal retirement benefit at age 60 with at least two years of credited service if the employee also is eligible for a normal retirement salary under AS 14.25 (teachers' retirement system).
   (b) Subject to AS 39.35.450, an employee is eligible for an early retirement benefit at age 55 with at least two years of credited service if the employee also is eligible for an early retirement salary under AS 14.25 (teachers' retirement system).
   (c) Credited service for which contributions were refunded is not creditable under this section.
   (d) The monthly amount of a conditional service retirement benefit shall be calculated on the years of fully paid credited service in accordance with AS 39.35.370(c), except that the member may irrevocably elect to substitute one-twelfth of the "average base salary" as defined in AS 14.25.220(5) in place of average monthly compensation.
   (e) Benefits payable under this section accrue from the first day of the month (1) in which the member meets the eligibility requirements of this section, (2) following the date of termination, and (3) following application for retirement, and are payable the last day of the month.  If payment is delayed, a retroactive payment shall be made to cover the period of deferment.  The last payment shall be made for the month in which the member dies or is no longer eligible for a benefit under this section.
   (f) Subject to AS 39.35.450, an employee is eligible for a normal retirement benefit at age 60 or an early retirement benefit at age 55 if the employee was first hired as a legislative employee before May 30, 1987, and has at least 60 days of credited service as an employee of the legislature, other than as an employee of the Office of the Ombudsman or the office of victims' rights, during each of five legislative sessions. An employee who was first hired as a legislative employee on or after May 30, 1987, and is otherwise eligible under this subsection must have at least 80 days of credited service during each of five legislative sessions to receive benefits under this subsection.

Authorities

39.35.200;39.35.345;39.35.375;39.35.680

Notes

Recent Bills that will modify this

HB 90 PEACE OFFICER/FIREFIGHTER RETIREMENT
SB 83 PEACE OFFICER/FIREFIGHTER RETIREMENT

Implemented As

2 AAC 35.260
2 AAC 35.295
2 AAC 35.400

References

2 AAC 35.260
2 AAC 35.350
AS 39.35.200 Refund upon termination of employment for reason other than death.
AS 39.35.345 Temporary service credit.
AS 39.35.375 Public service benefit.
AS 39.35.680 Definitions.

History

(Sec. 3 ch 174 SLA 1978; am Sec. 11 ch 82 SLA 1979; am Sec. 37 ch 13 SLA 1980; am Sec. 50, 51 ch 137 SLA 1982; am Sec. 25 - 27 ch 82 SLA 1986; am Sec. 36, 37 ch 117 SLA 1986; am Sec. 9 ch 21 SLA 1987; am Sec. 23 ch 92 SLA 2001; am Sec. 69 ch 20 SLA 2007)