CSSB 145(STA): "An Act relating to reemployment of and benefits for retired teachers or employees, including those who participated in retirement incentive programs, and to the employment as teachers of members of the public employees' retirement system who participated in a retirement incentive program; 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 CS FOR SENATE BILL NO. 145(STA) 01 "An Act relating to reemployment of and benefits for retired teachers or employees, 02 including those who participated in retirement incentive programs, and to the 03 employment as teachers of members of the public employees' retirement system who 04 participated in a retirement incentive program; relating to benefits for retired teachers 05 or employees who participated in retirement incentive programs and are subsequently 06 reemployed as a commissioner; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 14.20.135(a) is amended to read: 09 (a) If the Department of Education and Early Development, the 10 Department of Labor and Workforce Development, a [A] school district, or a 11 regional educational attendance area [THAT] has or anticipates having a shortage of 12 teachers qualified to teach or work in a particular educational discipline or specialty, 13 the department, district, or attendance area may [, BY RESOLUTION,] adopt a
01 policy that permits the employment of retired teachers or employees who are qualified 02 to teach or work in the educational discipline or specialty in accordance with this 03 section. The policy must describe the circumstances that constitute the shortage. If a 04 shortage of teachers exists as described in the policy, the department, district, or 05 attendance area shall notify the administrator of the teachers' retirement system 06 (AS 14.25) that it is hiring retired teachers under this section. 07 * Sec. 2. AS 14.25.043(a) is amended to read: 08 (a) If a retired member again becomes an active member, benefit payments 09 may not be made during the period of reemployment unless the teacher makes an 10 election under (d) [(b)] of this section. The retirement benefit must be suspended for 11 the entire school year if the teacher is reemployed as an active teacher for a period 12 equivalent to a year of service. During the period of reemployment, the member is 13 subject to AS 14.25.050, and deductions from the member's salary will be made in 14 accordance with AS 14.25.050. 15 * Sec. 3. AS 14.25.043(b) is amended to read: 16 (b) The Department of Education and Early Development, the 17 Department of Labor and Workforce Development, a [A] school district, or a 18 regional educational attendance area that has adopted a policy that permits the 19 employment of retired teachers in accordance with AS 14.20.135 shall notify the 20 administrator that it is hiring retired teachers under AS 14.20.135. [A TEACHER 21 WHO RETIRED UNDER AS 14.25.110(a) AND SUBSEQUENTLY BECOMES AN 22 ACTIVE MEMBER UNDER A POLICY ADOPTED IN ACCORDANCE WITH 23 AS 14.20.135 MAY, WITHIN 30 DAYS OF THE DATE OF REEMPLOYMENT, 24 ELECT TO CONTINUE RECEIVING BENEFIT PAYMENTS DURING THE 25 PERIOD OF REEMPLOYMENT BY FILING A WAIVER OF COVERAGE WITH 26 THE ADMINISTRATOR ON A FORM PROVIDED BY THE ADMINISTRATOR. 27 AN ELECTION UNDER THIS SUBSECTION WAIVES COVERAGE FOR THE 28 PERIOD OF REEMPLOYMENT AND IS IRREVOCABLE DURING THE PERIOD 29 OF REEMPLOYMENT. DEDUCTIONS FROM THE MEMBER'S SALARY MAY 30 NOT BE MADE UNDER AS 14.25.050 DURING THE PERIOD OF 31 REEMPLOYMENT, AND THE MEMBER MAY NOT RECEIVE CREDITED
01 SERVICE FOR THE PERIOD OF REEMPLOYMENT. A MEMBER WHO 02 PARTICIPATED IN A RETIREMENT INCENTIVE PROGRAM UNDER CH. 26, 03 SLA 1986; CH. 89, SLA 1989; CH. 65, SLA 1996; CH. 4, FSSLA 1996; OR CH. 92, 04 SLA 1997, IS NOT ELIGIBLE TO MAKE AN ELECTION UNDER THIS 05 SUBSECTION.] 06 * Sec. 4. AS 14.25.043 is amended by adding new subsections to read: 07 (d) A teacher who retired under AS 14.25.110(a) and subsequently becomes 08 an active member to whom this subsection applies may, within 30 days of the date of 09 reemployment, elect to continue receiving benefit payments during the period of 10 reemployment by filing a waiver of coverage with the administrator on a form 11 provided by the administrator. An election under this subsection waives coverage for 12 the period of reemployment and is irrevocable during the period of reemployment. 13 Deductions from the member's salary may not be made under AS 14.25.050 during the 14 period of reemployment, and the member may not receive credited service for the 15 period of reemployment. This subsection applies only to a member who retired under 16 AS 14.25.110(a) and who (1) subsequently becomes an active member under a policy 17 adopted in accordance with AS 14.20.135, or (2) is reemployed as a commissioner. 18 (e) A member who participated in a retirement incentive program under ch. 19 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 1996; or ch. 92, 20 SLA 1997, and makes an election under (d) of this section does not lose the incentive 21 credit provided under the applicable retirement incentive plan and is not subject to any 22 related reemployment indebtedness. 23 * Sec. 5. AS 14.25.043(d) is amended to read: 24 (d) A teacher who retired under AS 14.25.110(a) and subsequently becomes 25 an active member to whom this subsection applies may, within 30 days of the date of 26 reemployment, elect to continue receiving benefit payments during the period of 27 reemployment by filing a waiver of coverage with the administrator on a form 28 provided by the administrator. An election under this subsection waives coverage for 29 the period of reemployment and is irrevocable during the period of reemployment. 30 Deductions from the member's salary may not be made under AS 14.25.050 during the 31 period of reemployment, and the member may not receive credited service for the
01 period of reemployment. This subsection applies only to a member who retired under 02 AS 14.25.110(a) and [WHO (1) SUBSEQUENTLY BECOMES AN ACTIVE 03 MEMBER UNDER A POLICY ADOPTED IN ACCORDANCE WITH 04 AS 14.20.135, OR (2)] is reemployed as a commissioner. 05 * Sec. 6. AS 39.35.150(b) is amended to read: 06 (b) A member who retired under AS 39.35.370(a) and subsequently becomes 07 an active member may, within 30 days of the date of reemployment, elect to continue 08 receiving benefit payments during the period of reemployment by filing an election 09 with the administrator on a form provided by the administrator. An election under this 10 subsection waives coverage for the period of reemployment and is irrevocable during 11 the period of reemployment. During the period of reemployment, deductions from the 12 member's salary may not be made under AS 39.35.160 and the member may not 13 receive credited service. A member who participated in a retirement incentive 14 program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 15 1996; or ch. 92, SLA 1997, is not eligible to make an election under this subsection 16 unless the member is reemployed as a commissioner. 17 * Sec. 7. AS 39.35.150 is amended by adding a new subsection to read: 18 (e) A member who retired under 39.35.370(a) and participated in a retirement 19 incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 20 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a 21 commissioner may become an active member without losing the incentive credit 22 provided under the applicable retirement incentive plan and is not subject to any 23 related reemployment indebtedness. 24 * Sec. 8. The uncodified law of the State of Alaska enacted in sec. 12, ch. 57, SLA 2001, is 25 amended to read: 26 Sec. 12. AS 14.20.135, as amended by sec. 1 of this 2003 Act; 27 AS 14.25.043(b), as amended by sec. 3 of this 2003 Act; AS 39.35.120(b)(2) [, 28 39.35.150(b),] and 39.35.150(c) are repealed July 1, 2005. 29 * Sec. 9. AS 14.20.135(c) is repealed. 30 * Sec. 10. Section 5 of this Act takes effect on the effective date of the repeals specified in 31 sec. 12, ch. 57, SLA 2001, as it may be amended.
01 * Sec. 11. Sections 1 - 4 and 6 - 9 of this Act take effect immediately under 02 AS 01.10.070(c).