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SB 151: "An Act placing the administrative director of the court system in the public employees' retirement system."

00SENATE BILL NO. 151 01 "An Act placing the administrative director of the court system in the public 02 employees' retirement system." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 22.25.012(a) is amended to read: 05  (a) An administrative director of the Alaska Court System appointed under 06 art. IV, sec. 16 of the state constitution is entitled to retirement benefits under this 07 chapter on the terms and conditions applicable to a superior court judge appointed after 08 July 1, 1978, except that an administrative director may receive retirement benefits 09 only with service as administrative director for 10 or more years. This subsection 10 only applies to an administrative director who was first appointed before the 11 effective date of this Act. 12 * Sec. 2. AS 22.25.012 is amended by adding a new subsection to read: 13  (d) An administrative director of the Alaska Court System appointed on or 14 after the effective date of this Act is a member of the public employees' retirement

01 system under AS 39.35. 02 * Sec. 3. AS 39.35.158 is amended to read: 03  Sec. 39.35.158 ADMINISTRATIVE DIRECTOR OF COURTS. An 04 administrative director of the Alaska Court System first appointed to that position 05 before the effective date of this Act who withdraws from the judicial retirement 06 system under AS 22.25.012 is eligible for membership in the system and shall receive 07 credited service in the system for service rendered as administrative director. To be 08 eligible for membership in the system under this subsection, the administrative director 09 must contribute to the system 10  (1) the amount the director would have contributed if the director had 11 been a member during the director's period of membership in the judicial retirement 12 system; and 13  (2) any contributions for services as administrative director refunded 14 by the system at the time the director became a member of the judicial retirement 15 system. 16 * Sec. 4. AS 39.35.158 is amended by adding a new subsection to read: 17  (b) An administrative director of the Alaska Court System first appointed to 18 that position on or after the effective date of this Act is a member of this system. 19 * Sec. 5. AS 39.35.680(21) is amended to read: 20 (21) "member" or "employee" 21  (A) means a person eligible to participate in the system and 22 who is covered by the system; 23  (B) includes 24  (i) active member; 25  (ii) inactive member; 26  (iii) vested member; 27  (iv) deferred vested member; 28  (v) non-vested member; 29  (vi) disabled member; 30  (vii) retired member; 31  (viii) an elected public officer under AS 39.35.381;

01  (C) does not include 02  (i) former members; 03  (ii) persons compensated on a contractual or fee basis; 04  (iii) casual or emergency workers or nonpermanent 05 employees as defined in AS 39.25.200; 06  (iv) persons covered by the Alaska Teachers' Retirement 07 System except as provided under AS 39.35.131 and 39.35.381, or 08 persons covered by the optional university retirement program; 09  (v) employees of the division of marine transportation 10 engaged in operating the state ferry system who are covered by a union 11 or group retirement system to which the state makes contributions; 12  (vi) justices of the supreme court or judges of the court 13 of appeals or of the superior or district courts of Alaska; 14  (vii) the administrative director of courts appointed 15 under art. IV, sec. 16 of the state constitution who was first appointed 16 to the position before the effective date of this Act unless the director 17 becomes a member under AS 39.35.158; and 18  (viii) members of the elected public officers' retirement 19 system (former AS 39.37); 20  (D) may include employees of the division of marine 21 transportation excluded under (C)(v) of this paragraph provided that 22  (i) the State of Alaska formally agrees to their inclusion 23 through the process of collective bargaining; and 24  (ii) no collective bargaining agreement has the effect of 25 obligating contributions made by the state under AS 39.30.150 in the 26 event the state resumes participation in the federal social security 27 system;