8 Alaska Admin. Code § 45.225

Current through September 25, 2024
Section 8 AAC 45.225 - Social security and pension or profit sharing plan offsets
(a) An employer may reduce an employee's or beneficiary's weekly compensation under AS 23.30.225(a) by
(1) getting a copy of the Social Security Administration's award letter showing the
(A) employee or beneficiary is being paid retirement or survivor's benefits;
(B) amount, month, and year of the initial entitlement; and
(C) amount, month, and year of each dependent's initial entitlement;
(2) computing the reduction using the employee's or beneficiary's initial Social Security entitlement, and excluding any cost-of-living adjustments; and
(3) completing, filing with the board, and serving upon the employee or beneficiary a Compensation Report form showing the reduction and how it was computed, together with a copy of the Social Security Administration's award letter.
(b) An employer may reduce an employee's weekly compensation under AS 23.30.225(b) by
(1) getting a copy of the Social Security Administration's award showing the
(A) employee is being paid disability benefits;
(B) disability for which the benefits are paid;
(C) amount, month, and year of the employee's initial entitlement; and
(D) amount, month, and year of each dependent's initial entitlement;
(2) computing the reduction using the employee or beneficiary's initial entitlement, excluding any cost-of-living adjustments;
(3) completing, filing with the board, and serving upon the employee a petition requesting a board determination that the Social Security Administration is paying benefits as a result of the on-the-job injury; the petition must show how the reduction will be computed and be filed together with a copy of the Social Security Administration's award letter;
(4) filing an affidavit of readiness for hearing in accordance with 8 AAC 45.070(b); and
(5) after a hearing and an order by the board granting the reduction, completing a Compensation Report form showing the reduction, filing a copy with the board, and serving it upon the employee.
(c) An employer may reduce benefits under AS 23.30.225(c) by
(1) getting documentation of the pension or profit sharing payments;
(2) computing the reduction in accordance with AS 23.30.225(c); and
(3) completing a Compensation Report form showing how the reduction was computed, filing a copy with the board, and serving it upon the employee or beneficiary; the Compensation Report form must be filed together with a copy of the pension or profit sharing payment documents and wage documents showing that the employer's contributions to a qualified pension or profit sharing plan were included in the gross weekly earnings determination.
(d) An employee or beneficiary who is receiving weekly compensation benefits shall
(1) send the employer a copy of the award letter from the Social Security Administration or a copy of the first payment documents from a pension or profit sharing plan; and
(2) upon the employer's request, sign a release for the employer to get information from the Social Security Administration or the pension or profit sharing plan.

8 AAC 45.225

Eff. 7/2/98, Register 146

Authority:AS 23.30.005

AS 23.30.225