Section 39.35.450. Joint and survivor option.

   (a) Benefits payable under this section are in place of benefits payable under AS 39.35.370, 39.35.385, and former AS 39.35.460. Upon filing an application with the administrator or when a disabled employee first attains eligibility for normal retirement under AS 39.35.400(f) or 39.35.410(h), the employee shall designate the person who is the employee's spouse at the time of appointment to retirement as the contingent beneficiary. However, if the designation of the spouse is revoked under (c) of this section, the employee may designate a dependent approved by the administrator as the contingent beneficiary or may take normal or early retirement under AS 39.35.370 or 39.35.385 or, if the employee was first hired before July 1, 1996, benefit payments under the level income option under former AS 39.35.460. The administrator shall pay benefits under the option elected by the employee. The employee may elect an option that provides that the employee is entitled to receive a reduced benefit payable for life, and, after the employee's death, the contingent beneficiary is entitled to payments in the amount of
        (1) 75 percent of the reduced benefit payable for life; or
        (2) 50 percent of the reduced benefit payable for life.
   (b) The aggregate of the pension payments expected to be paid to an employee and the contingent beneficiary under the options set out in (a) of this section shall be the actuarial equivalent of the pension that the employee is otherwise entitled to receive upon retirement.
   (c) An employee may elect or change an option without the approval of the administrator if the election or change is filed in writing with the administrator before the effective date of the employee's retirement.  An employee may revoke a joint and survivor option if the employee files with the administrator before the effective date of the employee's retirement a revocation and consent to the revocation signed by the employee's present spouse and each person entitled to benefits under a qualified domestic relations order on forms provided by the administrator.  The administrator may waive the requirement for written consent from
        (1) a person entitled under the order if the person cannot be located or for another reason established by regulation; or
        (2) the spouse if
             (A) the employee is not married;
             (B) the employee was not married to the spouse during any period of the employee's employment with an employer;
             (C) the spouse has no rights to the option because of the terms of a qualified domestic relations order;
             (D) the spouse cannot be located;
             (E) the employee and the spouse have been married for less than two years and the employee establishes that they are not cohabiting; or
             (F) another reason is established under regulations of the administrator.
   (d) A member, including a deferred vested member, may, regardless of age, elect a joint and survivor option any time before appointment to receive a retirement benefit.
   (e) If either the employee or contingent beneficiary dies before the employee is appointed to retirement, the election becomes inoperative.  Once the employee is appointed to retirement, the election is irrevocable.  If a retired employee is reemployed and is subsequently reappointed to retirement, those benefits earned during the period of reemployment are subject to the initial election made under this section, unless the contingent beneficiary is deceased.  If the contingent beneficiary is deceased, the benefits earned during the period of reemployment are subject to AS 39.35.370 or this section if another contingent beneficiary was elected during the period of reemployment.  All other benefits earned during prior periods of employment are subject to the election at the time the employee was appointed to retirement.  If death occurs from nonoccupational causes during the period of reemployment, those benefits earned while reemployed are subject to AS 39.35.420(b). All other benefits earned during prior periods of employment are subject to the election at the time the employee was appointed to retirement.  If death occurs from occupational causes during the period of reemployment, all benefits earned during all periods of employment are subject to AS 39.35.430(b) and (c).
   (f) The employee and any person claiming to be a contingent beneficiary shall file with the administrator a marriage certificate, divorce or dissolution judgment, or other evidence necessary to determine the applicability of this section and the identity of any contingent beneficiary.
   (g) If the administrator determines, based on the affidavit of the employee and other evidence that an employee is eligible to elect a form of payment other than a joint and survivor option under this section, and no contrary evidence is presented to the administrator within 60 days after the effective date of the employee's retirement, a claim under this section, made by a spouse or former spouse of the member, may not be paid if payment would result in an increase in actuarial liability to the plan.
   (h) If an employee fails to elect an option under this section, and if no effective revocation is filed with the administrator, the employee is considered to have elected the option provided in (a)(2) of this section.

Authorities

39.35.230;39.35.340;39.35.360;39.35.370;39.35.385;39.35.475;39.35.485

Notes

Implemented As

2 AAC 35.250
2 AAC 35.253
2 AAC 35.320

References

2 AAC 35.253
2 AAC 35.320
2 AAC 35.325
AS 39.35.230 Refund upon death of retired employee.
AS 39.35.340 Military service.
AS 39.35.360 Earlier service.
AS 39.35.370 Retirement benefits.
AS 39.35.385 Conditional service retirement benefits.
AS 39.35.475 Post-retirement pension adjustment.
AS 39.35.485 Minimum benefit.

History

(Sec. 26 ch 143 SLA 1960; am Sec. 8 ch 235 SLA 1968; am Sec. 12 ch 159 SLA 1972; am Sec. 24 - 26 ch 1 SLA 1974; am Sec. 6 ch 81 SLA 1976; am Sec. 45 ch 128 SLA 1977; am Sec. 41 - 43 ch 117 SLA 1986; am Sec. 15 ch 4 FSSLA 1996; am Sec. 43 ch 68 SLA 2000)