Section 39.35.490. Designation of beneficiary.

   (a) Each employee shall designate the beneficiary or beneficiaries to whom the administrator shall distribute benefits payable under AS 39.35.095 - 39.35.680 as a consequence of the employee's death. Notwithstanding a previous designation of beneficiary, a person who is the spouse of an employee at the time of the employee's death automatically becomes the designated beneficiary if the spouse was married to the employee during part of the employee's employment for an employer
        (1) except to the extent a qualified domestic relations order filed with the administrator provides for payment to a former spouse or other dependent of the employee; or
        (2) unless the employee files a revocation of beneficiary accompanied by a written consent to the revocation signed by the present spouse and each person entitled under the order; however, consent of the present spouse is not required if the member and the present spouse had been married for less than two years on the date of the member's death and if the member established when filing the revocation that the member and the present spouse were not cohabiting.
   (b) Except as provided in (a) of this section, the designation may be changed or revoked by the employee without notice to the beneficiary or beneficiaries at any time.  If an employee designates more than one beneficiary, each shares equally unless the employee specifies a different allocation or preference. The designation of beneficiary, a change or revocation of a beneficiary, or a consent to a revocation of a beneficiary shall be made on a form provided by the administrator and is not effective until filed with the administrator.
   (c) If an employee fails to designate a beneficiary, or if no designated beneficiary survives the employee, the administrator shall pay the death benefit
        (1) to the surviving spouse or, if there is none surviving,
        (2) to the surviving children in equal parts or, if there is none surviving,
        (3) to the surviving parents in equal parts or, if there is none surviving,
        (4) to the employee's estate.
   (d) A person claiming entitlement to benefits payable under AS 39.35.095 - 39.35.680 as a consequence of an employee's death shall provide the administrator with a marriage certificate, divorce or dissolution decree, or other evidence of entitlement. Documents establishing entitlement may be filed with the administrator immediately after a change in the employee's marital status.  If the administrator does not receive notification of a claim before the date 10 days after the employee's death, the person claiming entitlement to the benefits is not entitled to receive from the division of retirement and benefits any benefit already paid by the administrator.

Authorities

39.35.420;39.35.430;39.35.440

Notes

Implemented As

2 AAC 35.237
2 AAC 35.255

References

2 AAC 35.255
AS 39.35.420 Nonoccupational death benefits.
AS 39.35.430 Occupational death benefit.
AS 39.35.440 Death after occupational disability.

History

(Sec. 30 ch 143 SLA 1960; am Sec. 47 ch 128 SLA 1977; am Sec. 59 ch 137 SLA 1982; am Sec. 45, 46 ch 117 SLA 1986)