(a) Unless a teacher or member participates in a university retirement program under Alaska Stat. § 14.40.661 – 14.40.799 or has elected under Alaska Stat. § 14.25.540 to participate in the plan established in Alaska Stat. § 14.25.310 – 14.25.590, a teacher or member contracting for service with a participating employer is subject to Alaska Stat. § 14.25.009 – 14.25.220.
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Terms Used In Alaska Statutes 14.25.040

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Oath: A promise to tell the truth.
  • oath: includes affirmation or declaration. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • writing: includes printing. See Alaska Statutes 01.10.060
(b) A state legislator who was an active member of this plan under other sections of Alaska Stat. § 14.25.009 – 14.25.220 within the 12 months immediately preceding election to office may elect to be an active member of this plan for as long as the state legislator serves continuously as a state legislator subject to the requirements of (c) of this section, if, within 90 days after taking the oath of office,

(1) the state legislator directs the employer in writing to

(A) pay into this plan the employer contributions required for a member under Alaska Stat. § 14.25.009 – 14.25.220; and
(B) deduct from the state legislator’s salary and pay into this plan

(i) the employee contributions required for a member under Alaska Stat. § 14.25.009 – 14.25.220; and
(ii) an amount equal to the difference between the total employer and state contributions required for a member under Alaska Stat. § 14.25.009 – 14.25.220 and the employer contributions which would be required under the public employees’ retirement system (Alaska Stat. Chapter 39.35) if the legislator were covered under that system; and
(2) notice is given the administrator in writing.
(c) A state legislator is not entitled to elect membership under (b) of this section if the state legislator is covered for the same period of service under the public employees’ retirement system (Alaska Stat. Chapter 39.35). An election of membership under (b) of this section is retroactive to the date the state legislator took the oath of office. A state legislator may not receive membership credit under (b) of this section for legislative service performed before the legislative session during which the state legislator elected membership under (b) of this section. In order to continue in membership service under (b) of this section, the state legislator must earn at least 0.3 years of membership service under other sections of Alaska Stat. § 14.25.009 – 14.25.220 during each five-year period. A state legislator may not receive membership credit under Alaska Stat. § 14.25.009 – 14.25.220 for legislative service on or after the date the legislator commits a criminal offense from which a pension forfeiture under Alaska Stat. § 37.10.310 results.
(d) A person who is employed at least half-time in the plan during the same period that the person is employed at least half-time in a position in the public employees’ retirement plan under Alaska Stat. § 39.35.095 – 39.35.680 shall receive credited service under each plan for half-time employment. However, the amount of credited service a person receives under the public employees’ retirement plan during a school year may not exceed the amount necessary, when added to the amount of credited service earned during the school year under the plan, to equal one year of credited service. A person who was employed at least half-time in a position in the public employees’ retirement plan under Alaska Stat. § 39.35.095 – 39.35.680 in the same period that the person was employed at least half-time in a position in this plan may claim credited service in both plans for employment before May 31, 1989. To obtain this credited service, the person shall claim the service and verify the period of half-time employment. When eligibility for half-time service credit has been established, an indebtedness shall be determined to the retirement plan in which the person did not participate. The amount of the indebtedness is the full actuarial cost of providing benefits for the credited service claimed. Interest as prescribed by regulation accrues on that indebtedness beginning on the later of July 1, 1989, or the date on which the member is first eligible to claim the service. Any outstanding indebtedness existing at the time the person retires will require an actuarial adjustment to the benefits payable based on that service.
(e) A teacher who is assaulted while on the job, who files for benefits under Alaska Stat. Chapter 23.30, and who, as a result of a physical injury from the assault, is placed on leave without pay, whether or not the teacher is receiving benefits under Alaska Stat. Chapter 23.30 for the injury, is entitled to accrue credited service while the teacher, because of the injury, is on leave-without-pay status or is receiving workers’ compensation benefits under Alaska Stat. Chapter 23.30. Entitlement to earn credited service under this subsection ends when the teacher is eligible to receive benefits under Alaska Stat. § 14.25.110(a) or 14.25.130(a).
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