Section 39.35.400. Nonoccupational disability benefits.

   (a) An employee is eligible for a nonoccupational disability benefit if the employee's employment is terminated because of a total and apparently permanent nonoccupational disability, as defined in AS 39.35.680, before the employee's normal retirement date and after five or more years of credited service. A member is not entitled to a nonoccupational disability benefit under this section unless the member files an application for the benefit with the administrator within 90 days after the member terminated employment. The board may waive a filing deadline if there are extraordinary circumstances that resulted in the inability to meet the deadline. The board may delegate the authority to waive a filing deadline under this subsection to the administrator.
   (b) The nonoccupational disability benefits accrue beginning the first day of the month following termination of employment as a result of the disability and are payable the last day of the month.  If a final determination granting the benefit is not made in time to pay the benefit when due, a retroactive payment shall be made to cover the period of deferment.  The last payment shall be for the first month in which the disabled employee
        (1) dies;
        (2) recovers from disability;
        (3) fails to meet the requirements under (e) of this section or under AS 39.35.415; or
        (4) reaches normal retirement age.
   (c) If the disabled employee becomes ineligible to receive nonoccupational disability benefits, the employee is entitled to receive a normal or early retirement benefit if the employee would have been eligible for the benefit had employment continued during the period of disability. However, the period of disability does not constitute credited service.
   (d) The monthly amount of the nonoccupational disability benefit shall be determined in accordance with AS 39.35.370(c), considering the employee's credited service and compensation before termination of employment.
   (e) A disabled employee receiving a nonoccupational disability benefit shall provide the administrator, one year after appointment to disability benefits and once each year thereafter until disability benefits cease, proof of continuing eligibility to receive disability payments under the Social Security Act.  If the disabled employee is otherwise ineligible for a social security payment, the employee shall provide the administrator with sufficient medical evidence once each year to demonstrate that disability payments under the Social Security Act would be payable had the employee been otherwise eligible. If the disabled employee fails to provide the administrator with evidence of continuing eligibility for disability payments under the Social Security Act or other medical evidence required by the administrator within 30 days following each anniversary date, the disability benefits from the plan shall cease.  If that information is subsequently provided to the administrator, benefit payments will resume beginning for the month following that in which the information is provided. When disability payments under the Social Security Act cease, it is the responsibility of the disabled employee to notify the administrator immediately.
   (f) A disabled employee's nonoccupational disability benefit terminates when the employee first attains eligibility for normal retirement.  At that time, retirement benefits will be calculated under AS 39.35.370(c).

Authorities

23.30.224;39.35.381;39.35.415;39.35.450

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 35.290
2 AAC 35.291
2 AAC 35.990

References

2 AAC 35.260
2 AAC 35.325
2 AAC 35.990
2 AAC 39.100
2 AAC 39.290
2 AAC 39.399
AS 23.30.224 Coordination of benefits.
AS 39.35.381 Alternate benefit for elected public officers.
AS 39.35.415 Reemployment of disabled employees.
AS 39.35.450 Joint and survivor option.

History

(Sec. 21 ch 143 SLA 1960; am Sec. 9 ch 155 SLA 1966; am Sec. 9, 10 ch 109 SLA 1970; am Sec. 10 ch 159 SLA 1972; am Sec. 15 - 17 ch 1 SLA 1974; am Sec. 4 - 8 ch 123 SLA 1976; am Sec. 36, 37 ch 128 SLA 1977; am Sec. 28 - 32 ch 82 SLA 1986; am Sec. 41 ch 68 SLA 2000)