Section 39.35.480. Cost-of-living allowance.

   (a) While residing in the state, a person receiving a benefit under AS 39.35.095 - 39.35.680 who is 65 years of age or older or who is receiving a disability benefit is entitled to receive a monthly cost-of-living allowance in addition to the basic benefit.  The amount of this allowance shall be $50 or 10 percent of the basic benefit, whichever is greater.
   (b) A person receiving a cost-of-living allowance under this section shall notify the administrator when the person expects to be absent from the state for a continuous period that exceeds 90 days. After that notification, the person is no longer entitled to receive the monthly cost-of-living allowance, except that a person may be absent from the state for not more than six months without loss of the cost-of-living allowance if the absence is the result of illness and required by order of a licensed physician.  Upon returning to the state, and upon notification to the administrator, the person is again entitled to receive the monthly cost-of-living allowance, commencing with the first monthly benefit payment made after notification of the person's return.
   (c) While residing in the state, a public employee of the Territory of Alaska who participated in the Public Employees' Retirement Act established by ch. 41 SLA 1949, and who retired before June 22, 1951, is entitled to the cost-of-living allowance equal to 25 percent of the amount received under ch. 41 SLA 1949.
   (d) For purposes of this section, "residing in the state" means domiciled and physically present in the state. A person's status as "residing in the state" does not change if the person is absent from the state for a continuous period of
        (1) 90 days or less;
        (2) six months or less, when ordered by a physician to be absent from the state; or
        (3) any length of time while the person is a member of a reserve or auxiliary component of the armed forces of the United States, including the organized militia of Alaska, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force, and is called to active duty by the appropriate state or federal authority.

Authorities

39.35.475;39.35.485

Notes

Recent Bills that will modify this

SB 83 PEACE OFFICER/FIREFIGHTER RETIREMENT

Implemented As

2 AAC 35.240
2 AAC 35.325

References

2 AAC 35.240
2 AAC 35.325
AS 39.35.475 Post-retirement pension adjustment.
AS 39.35.485 Minimum benefit.

History

(Sec. 29 ch 143 SLA 1960; am Sec. 1 ch 109 SLA 1967; am Sec. 27 ch 1 SLA 1974; am Sec. 108 ch 127 SLA 1974; am Sec. 46 ch 128 SLA 1977; am Sec. 12, 13 ch 82 SLA 1979; am Sec. 42 ch 82 SLA 1986; am Sec. 2 ch 70 SLA 2003)