Section 39.35.522. Waiver of adjustments.

   (a) Upon request by an affected member or beneficiary under (b) of this section, the commissioner of administration may waive an adjustment or any portion of an adjustment made under AS 39.35.520 if, in the opinion of the commissioner of administration,
        (1) the adjustment or portion of the adjustment will cause undue hardship to the member or beneficiary;
        (2) the adjustment was not the result of erroneous information supplied by the member or beneficiary;
        (3) before the adjustment was made, the member or beneficiary received confirmation from the administrator that the employee's or beneficiary's records were correct; and
        (4) the member or beneficiary had no reasonable grounds to believe the employee's or beneficiary's records were incorrect before the adjustment was made.
   (b) In order to obtain consideration of a waiver under this section, the affected member or beneficiary must appeal to the commissioner of administration in writing within 30 days after receipt of notice that the records have been adjusted.
   (c)  [Repealed, Sec. 132 ch 9 FSSLA 2005]. 
   (d) A decision of the commissioner of administration under this section to deny a waiver under this section may be appealed to the office of administrative hearings. The office of administrative hearings may reverse the decision of the commissioner and may impose conditions on the granting of a waiver which it considers equitable. These conditions may include requiring the member or beneficiary to make additional contributions to the plan.
   (e)  [Repealed, Sec. 132 ch 9 FSSLA 2005]. 
   (f)   [Repealed, Sec. 57 ch 68 SLA 2000]. 
   (g)   [Repealed, Sec. 57 ch 68 SLA 2000]. 

Authorities

39.35.520;44.64.030

Notes

Implemented As

2 AAC 35.080
2 AAC 35.100
2 AAC 35.132
2 AAC 35.134
2 AAC 35.275
2 AAC 35.990

References

2 AAC 35.080
2 AAC 35.100
2 AAC 35.132
2 AAC 35.275
AS 39.35.520 Adjustments.
AS 44.64.030 Jurisdiction of the office.

History

(Sec. 9 ch 174 SLA 1978; am Sec. 41 ch 13 SLA 1980; am Sec. 60 ch 137 SLA 1982; am Sec. 46 - 48, 57 ch 68 SLA 2000; am Sec. 115, 132 ch 9 FSSLA 2005; am Sec. 70 ch 20 SLA 2007)