Enrolled HB 140: Relating to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner.
00Enrolled HB 140 01 Relating to benefits for retired teachers or employees who participated in retirement incentive 02 programs and are subsequently reemployed as a commissioner. 03 _______________ 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 FINDINGS AND PURPOSE. (a) The legislature finds that it is in the best interests 07 of the people of Alaska to ensure that the principal departments of state government are 08 managed by competent, skilled, knowledgeable, and experienced individuals. Choosing to 09 serve Alaska as the commissioner of a principal department often requires an individual to 10 make sacrifices, including reduced pay and benefits as well as relocation of the individual and 11 the individual's family to the state capital. 12 (b) The purposes of this Act are to remove a major disincentive to serving as the 13 commissioner of a principal department and to give the governor greater flexibility in filling 14 those positions. 15 * Sec. 2. AS 14.25.043(a) is amended to read:
01 (a) If a retired member again becomes an active member, benefit payments 02 may not be made during the period of reemployment unless the teacher makes an 03 election under (b) or (e) of this section. The retirement benefit must be suspended for 04 the entire school year if the teacher is reemployed as an active teacher for a period 05 equivalent to a year of service. During the period of reemployment, the member is 06 subject to AS 14.25.050, and deductions from the member's salary will be made in 07 accordance with AS 14.25.050. 08 * Sec. 3. AS 14.25.043 is amended by adding new subsections to read: 09 (d) A member who retired under AS 14.25.110(a) and participated in a 10 retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 11 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a 12 commissioner may become an active member without losing the incentive credit 13 provided under the applicable retirement incentive plan and is not subject to any 14 related reemployment indebtedness. 15 (e) A member who retired under AS 14.25.110(a) and participated in a 16 retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 17 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a 18 commissioner and becomes an active member may, within 30 days of the date of 19 reemployment, elect to continue receiving benefit payments during the period of 20 reemployment by filing a waiver of coverage with the administrator on a form 21 provided by the administrator. An election under this subsection waives coverage for 22 the period of reemployment and is irrevocable during the period of reemployment. 23 Deductions from the member's salary may not be made under AS 14.25.050 during the 24 period of reemployment, and the member may not receive credited service for the 25 period of reemployment. A member who makes an election under this subsection 26 does not lose the incentive credit provided under the applicable retirement incentive 27 plan and is not subject to any related reemployment indebtedness. 28 * Sec. 4. AS 39.35.150(b) is amended to read: 29 (b) A member who retired under AS 39.35.370(a) and subsequently becomes 30 an active member may, within 30 days of the date of reemployment, elect to continue 31 receiving benefit payments during the period of reemployment by filing an election
01 with the administrator on a form provided by the administrator. An election under this 02 subsection waives coverage for the period of reemployment and is irrevocable during 03 the period of reemployment. During the period of reemployment, deductions from the 04 member's salary may not be made under AS 39.35.160 and the member may not 05 receive credited service. A member who participated in a retirement incentive 06 program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 07 1996; or ch. 92, SLA 1997, is not eligible to make an election under this subsection 08 unless the member is reemployed as a commissioner. 09 * Sec. 5. AS 39.35.150 is amended by adding a new subsection to read: 10 (e) A member who retired under AS 39.35.370(a) and participated in a 11 retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 12 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a 13 commissioner may become an active member without losing the incentive credit 14 provided under the applicable retirement incentive plan and is not subject to any 15 related reemployment indebtedness. 16 * Sec. 6. The uncodified law of the State of Alaska enacted in sec. 12, ch. 57, SLA 2001, is 17 amended to read: 18 Sec. 12. AS 14.20.135; AS 14.25.043(b), 14.25.043(e), added by sec. 3 of 19 this 2003 Act; AS 39.35.120(b)(2), 39.35.150(b), as amended by sec. 4 of this 2003 20 Act, and 39.35.150(c) are repealed July 1, 2005. 21 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 RETROSPECTIVE EFFECT. This Act is retrospective to May 1, 2003.