- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 35. Public Employees' Retirement System of Alaska
- Section 125. Participation of Elected Officials.
previous: Section 120
. Commencement of Participation.
next: Section 127
. Participation of Village Public Safety Officers. [Repealed, Sec. 30 Ch 92 SLA 2004].
AS 39.35.125. Participation of Elected Officials.
- (a) An elected official of the state or of a political subdivision of the state if the political subdivision has elected
under AS 39.35.550
- 39.35.650 to designate elected officials in the
classifications of employees entitled to participate in the plan is included in the plan unless the official files
a written waiver of coverage with the administrator. A waiver under this subsection waives coverage of future
employment as an elected official, regardless of any change of employer. An elected official may file a waiver under
this subsection at any time after election to office, including the period before taking the oath of office. An elected
official may revoke a waiver under this subsection by filing a written revocation with the administrator. A revocation
under this subsection operates prospectively only, and the elected official may not receive credited service for
service as an elected official while the waiver was in effect. There is no limit on the number of times an elected
official may file a waiver or revocation under this subsection.
- (b) Service as an elected official before January 1, 1981, with an employer may be included retroactively as credited
service with the plan if the elected official or former elected official makes retroactive contributions equal to
what the official would have made if the elected official or former elected official had been included in the plan
when the oath of office as an elected official was taken, plus accrued interest from July 1, 1984. The rate used to
calculate the retroactive contributions may not be less than the rate in effect on January 1, 1961. An elected official
or former elected official may not receive credited service under this subsection for any period in which the elected
official or former elected official was receiving a retirement benefit from the plan. An elected official or former
elected official receiving a retirement benefit from the plan on January 1, 1981, is not eligible to claim credited
service under this subsection unless the elected official or former elected official is reemployed as an active member.
Service as an elected official with an employer constitutes employment as an active member as long as a waiver of
coverage under (a) of this section is not in effect.
- (c) An elected official included in the plan and that person's employer are liable for contributions whenever that
person is an elected official unless a waiver of coverage under (a) of this section is in effect.
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