2 Alaska Admin. Code § 36.990

Current through November 28, 2024

Section 2 AAC 36.990 - Definitions

(a) In this chapter, unless the context otherwise requires "division" means the division of retirement and benefits in the Department of Administration.

(b) In AS 14.25.006, "decision made by the administrator" means a decision in a matter over which the administrator has control, and does not include a decision made by an employer.

(c) In AS 14.25.173(a), "change or error... in the records maintained by the system" means a correction or mistake made in the records as a result of the entry of incorrect information about a member into the records.

(d) In AS 14.25.040, "membership" is further defined as the point when a member meets the definition in AS 14.25.220(1).

(e) Repealed 7/20/2006.

(f) In AS 14.25.470, "service" means membership service as defined in AS 14.25.590.

(g) For purposes of AS 14.25.130(e) and AS 14.25.485(b), "recovers from the disability" means that the member becomes capable of performing the duties required of a teacher.

(h) For purposes of AS 14.25.155, AS 14.25.157, AS 14.25.160, AS 14.25.162, and AS 14.25.164, the phrase "surviving spouse" or "member's spouse" means the legal spouse of the member at the time of the member's death.

(i) For purposes of AS 14.25.130(3), "eligible for normal retirement" means

(1) for a member first joining the system before July 1, 1990, reaches age 55 with at least eight years of credited service for which no indebtedness is due or accrues sufficient paid-up credited service, including credited service accrued as a result of the disability, to entitle the member to retire under AS 14.25.110(a)(1), (4), (5), (6), or (7), whichever occurs earliest;

(2) for a member first joining the system on or after July 1, 1990, reaches age 60 with at least eight years of credited service for which no indebtedness is due or accrues sufficient paid-up credited service, including credited service accrued as a result of the disability, to entitle the member to retire under AS 14.25.110(a)(1), (4), (5), (6), or (7), whichever occurs earliest.

2 AAC 36.990

Eff. 4/25/97, Register 150; am 4/20/2001, Register 179; am/readopt 7/20/2006, Register 179

Effective 7/20/2006, Register 179, the Department of Administration readopted 2 AAC 36.990, except for the heading to 2 AAC 36.990 and 2 AAC 36.990(b), (e), (f), (g), (h), and (i) without change, to affirm the validity of that section following statutory amendments made in ch. 9, FSSLA 2005. The department also changed the heading to 2 AAC 36.990, amended 2 AAC 36.990(b), repealed 2 AAC 36.990(e), and adopted four new subsections, 2 AAC 36.990(f), (g), (h), and (i). Chapter 9, FSSLA 2005 eliminated the Teachers' Retirement Board, and largely transferred the board's authority to adopt regulations in 2 AAC 36 to the commissioner of administration.

The revisor of regulations relocated the division name from 2 AAC 36.040 to a new definition section, 2 AAC 36.990. Although this division name was listed in 2 AAC 36.040 effective 4/25/97, this relocation was not published until Register 150, July 1999.

Even though the adoption of 2 AAC 36.990 was effective 4/20/2001, it was not published until Register 179, October 2006.

Authority:AS 14.25.003

AS 14.25.006

AS 14.25.040

AS 14.25.050

AS 14.25.130

AS 14.25.155

AS 14.25.157

AS 14.25.160

AS 14.25.162

AS 14.25.164

AS 14.25.167

AS 14.25.175

AS 14.25.220