SB 94: "An Act relating to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; and providing for an effective date."
00 SENATE BILL NO. 94 01 "An Act relating to benefits for retired teachers or employees who participated in 02 retirement incentive programs and are subsequently reemployed as a commissioner; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.25.043(a) is amended to read: 06 (a) If a retired member again becomes an active member, benefit payments 07 may not be made during the period of reemployment unless the teacher makes an 08 election under (b) or (e) of this section. The retirement benefit must be suspended for 09 the entire school year if the teacher is reemployed as an active teacher for a period 10 equivalent to a year of service. During the period of reemployment, the member is 11 subject to AS 14.25.050 and deductions from the member's salary will be made in 12 accordance with AS 14.25.050. 13 * Sec. 2. AS 14.25.043 is amended by adding new subsections to read: 14 (d) A member who retired under AS 14.25.110(a) and participated in a
01 retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 02 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a 03 commissioner may become an active member without losing the incentive credit 04 provided under the applicable retirement incentive plan and is not subject to any 05 related reemployment indebtedness. 06 (e) A member who retired under AS 14.25.110(a) and participated in a 07 retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 08 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a 09 commissioner and becomes an active member may, within 30 days of the date of 10 reemployment, elect to continue receiving benefit payments during the period of 11 reemployment by filing a waiver of coverage with the administrator on a form 12 provided by the administrator. An election under this subsection waives coverage for 13 the period of reemployment and is irrevocable during the period of reemployment. 14 Deductions from the member's salary may not be made under AS 14.25.050 during the 15 period of reemployment, and the member may not receive credited service for the 16 period of reemployment. A member who makes an election under this section does 17 not lose the incentive credit provided under the applicable retirement incentive plan 18 and is not subject to any related reemployment indebtedness. 19 * Sec. 3. AS 39.35.150(b) is amended to read: 20 (b) A member who retired under AS 39.35.370(a) and subsequently becomes 21 an active member may, within 30 days of the date of reemployment, elect to continue 22 receiving benefit payments during the period of reemployment by filing an election 23 with the administrator on a form provided by the administrator. An election under this 24 subsection waives coverage for the period of reemployment and is irrevocable during 25 the period of reemployment. During the period of reemployment, deductions from the 26 member's salary may not be made under AS 39.35.160 and the member may not 27 receive credited service. A member who participated in a retirement incentive 28 program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 29 1996; or ch. 92, SLA 1997, is not eligible to make an election under this subsection 30 unless the member is reemployed as a commissioner. 31 * Sec. 4. AS 39.35.150 is amended by adding a new subsection to read:
01 (e) A member who retired under 39.35.370(a) and participated in a retirement 02 incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; 03 ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a 04 commissioner may become an active member without losing the incentive credit 05 provided under the applicable retirement incentive plan and is not subject to any 06 related reemployment indebtedness. 07 * Sec. 5. The uncodified law of the State of Alaska enacted in sec. 12, ch. 57, SLA 2001, is 08 amended to read: 09 Sec. 12. AS 14.20.135; AS 14.25.043(b), 14.25.043(e), added by sec. 2 of 10 this 2003 Act; AS 39.35.120(b)(2), 39.35.150(b), as amended by sec. 3 of this 2003 11 Act, and 39.35.150(c) are repealed July 1, 2005. 12 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).