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- Alaska Statutes.
- Title 14. Education, Libraries, and Museums
- Chapter 25. Teachers' Retirement
- Section 175. Waiver of Adjustments.
previous: Section 173
next: Section 177
. Effect of Amendments.
AS 14.25.175. Waiver of Adjustments.
- (a) Upon request by an affected member or beneficiary under (b) of this section, the commissioner of administration
may waive an adjustment or a portion of an adjustment made under AS 14.25.173 if, in the opinion of the commissioner of administration,
- (1) the adjustment or portion of the adjustment will cause undue hardship to the member or beneficiary;
- (2) the adjustment was not the result of erroneous information supplied by the member or beneficiary;
- (3) before the adjustment was made, the member or beneficiary received confirmation from the administrator that the
member's or beneficiary's records were correct; and
- (4) the member or beneficiary had no reasonable grounds to believe the records were incorrect before the adjustment was
- (b) In order to obtain consideration of a waiver under this section, the affected member or beneficiary shall file
a request with the commissioner of administration in writing within 30 days after receipt of notice that the records have been adjusted.
The ruling of the commissioner of administration shall be in writing.
- (c) A ruling of the commissioner of administration to deny a waiver under (b) of this section may be appealed to the
office of administrative hearings.
- (d) The office of administrative hearings may reverse the commissioner of administration's decision to deny a waiver
and may impose conditions on granting a waiver that it considers equitable. These conditions may include
requiring the member or beneficiary to make additional contributions to the plan.
- (e) [Repealed, Sec. 132 Ch 9 FSSLA 2005].
- (f) [Repealed, Sec. 57 ch 68 SLA 2000].
- (g) [Repealed, Sec. 57 ch 68 SLA 2000].
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