Section 2 AAC 36.850 - Membership criteria for University of Alaska personnel(a)AS 14.25.220(38) and this section govern the membership in the TRS of all University of Alaska personnel.(b) The University of Alaska shall designate all current University of Alaska positions as PERS, TRS or nonapplicable. Any new position must be designated in the same manner. TRS members are those employees in positions not subject to formal job evaluations or classifications but which are required to be filled by persons having academic standing and accorded the rank of professor, assistant professor, associate professor or instructor, and whose salaries are dependent on their academic rank.(c) Final approval of the designation of positions and the membership of employees shall be made by the administrator of the teachers' retirement system.(d) An employee or former employee who, on November 30, 1984, occupies a position or occupied a position designated under (b) of this section for a retirement system different from the one currently assigned to the position, shall either: (1) irrevocably elect to remain under that system; or (2) elect to be placed retroactively in the retirement system designated for that position. The employee must make this election before January 1, 1986. Failure to make an election by that date results in the employee remaining in the retirement system that he or she is in on November 30, 1984, and he or she must continue to participate in that system until termination or transfer to another position.(e) An employee electing retroactive PERS service must be refunded the difference in mandatory contributions between what was contributed plus interest and what should have been contributed in the PERS including interest at the rate prescribed in that system. An employee electing retroactive TRS coverage is indebted to the system for any additional contributions represented by the difference in what the member contributed and what should have been contributed. The University shall make all necessary employer contribution adjustments.(f) An employee hired or rehired into a TRS-designated position must become a member of the TRS. A TRS-designated position may not be retroactively changed to PERS after January 1, 1986.(g) A vacant position which is classified as a TRS-covered position may not be transferred to PERS coverage without prior written approval of the administrator.In effect before 10/21/83; am 11/30/84, Register 93; am 5/13/85, Register 99; readopt 7/20/2006, Register 179Effective 7/20/2006, Register 179, the Department of Administration readopted 2 AAC 36.850, without change, to affirm the validity of that section following statutory amendments made in ch. 9, FSSLA 2005. 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.
Authority:AS 14.25.003
AS 14.25.220