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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 20. Alaska Employment Security Act
- Section 145. Withdrawals.
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. Discontinuance of Unemployment Trust Fund.
AS 23.20.145. Withdrawals.
- (a) In accordance with regulations adopted by the department, money shall be requisitioned from the state's account in the
unemployment trust fund solely for the payment of benefits and refunds, except that money credited to the state's
account under 42 U.S.C. 1103 (Sec. 903, Social Security Act), as amended, shall be used exclusively as provided in (f)
- (h) of this section.
- (b) The department shall from time to time requisition from the unemployment trust fund amounts not exceeding the amounts
standing to the state's account in the fund that it considers necessary for the payment of benefits for a reasonable
future period. Upon receipt of an amount the department shall deposit the money to the benefit account. A payment may be made solely from the benefit account.
- (c) If money in the clearing account is not sufficient to provide for refunds of contributions erroneously collected and
payable under AS 23.20.225 and 23.20.526(a)(11), the department shall withdraw from the
unemployment trust fund the amounts not exceeding the amount standing to this state's account in the fund that are
necessary for the payment of the refunds, but no amounts may be withdrawn from the unemployment trust fund for the
refund of interest and penalty payments. Upon receipt, the department, or the designee of the department, shall
deposit this money to the clearing account. A payment of a refund shall be made from the
- (d) Expenditures of the money in the benefit account and refunds from the clearing account are not subject to provisions
of law requiring specific appropriations or other formal release by state officers of money in their custody.
- (e) A balance of money requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit
account after the expiration of the period for which the sums were requisitioned shall be deducted from estimates for
and may be used for the payment of benefits during succeeding periods, or, in the discretion of the department, shall
be redeposited with the Secretary of the Treasury of the United States to the credit of this state's account in the
unemployment trust fund, as provided in AS 23.20.135
- (f) Money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the
United States under 42 U.S.C. 1103 (Sec. 903, Social Security Act) may not be requisitioned from this state's account
or used except for the payment of benefits and for the payment of expenses incurred for the administration of this
chapter. This money may be requisitioned under (b) of this section for the payment of benefits. This money may also be
requisitioned and used for the payment of expenses incurred for the administration of this chapter but only under a
specific appropriation by the legislature and only if the expenses are incurred and the money is requisitioned after
the enactment of an appropriation law that
- (1) specifies the purpose for which the money is appropriated and the amount appropriated;
- (2) limits the period within which the money may be obligated to a period ending not more than two years after the date of
the enactment of the appropriation law; and
- (3) limits the amount that may be obligated during a fiscal year to an amount that does not exceed the amount by which the
aggregate of the amounts credited to the account of this state under 42 U.S.C. 1103 (Sec. 903, Social Security Act)
during that fiscal year and the 34 preceding fiscal years exceeds the aggregate of the amounts obligated for
administration and paid out for benefits and charged against the amounts credited to the account of this state during
those 35 fiscal years.
- (g) Amounts credited to this state's account in the unemployment trust fund under 42 U.S.C. 1103 (Sec. 903, Social
Security Act) that are obligated for administration or paid out for benefits shall be charged against equivalent
amounts that were first credited and that are not already so charged. However, an amount obligated for administration
during a fiscal year specified in this section may not be charged against any amount credited during a fiscal year
earlier than the 34th preceding fiscal year.
- (h) Money appropriated under this section for the payment of expenses of administration shall be requisitioned as needed
for the payment of obligations incurred under that appropriation and, upon requisition, shall be deposited in the
employment security administration fund from which the payments shall be made. Money so deposited shall, until
expended, remain a part of the unemployment fund and, if it will not be expended, shall be returned promptly to the
account of this state in the unemployment trust fund.
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