- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 35. Public Employees' Retirement System of Alaska
- Section 400. Nonoccupational Disability Benefits.
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. Occupational Disability Benefits.
AS 39.35.400. Nonoccupational Disability Benefits.
- (a) An employee is eligible for a nonoccupational disability benefit if the employee's employment is terminated because of
a total and apparently permanent nonoccupational disability, as defined in AS 39.35.680, before the employee's normal retirement date
and after five or more years of credited service. A member is not entitled to a nonoccupational disability benefit
under this section unless the member files an application for the benefit with the administrator within 90 days after
the member terminated employment. The board may waive a filing deadline if there are extraordinary circumstances that
resulted in the inability to meet the deadline. The board may delegate the authority to waive a filing deadline under
this subsection to the administrator.
- (b) The nonoccupational disability benefits accrue beginning the first day of the month following termination of
employment as a result of the disability and are payable the last day of the month. If a final determination granting
the benefit is not made in time to pay the benefit when due, a retroactive payment shall be made to cover the period of
deferment. The last payment shall be for the first month in which the disabled employee
- (1) dies;
- (2) recovers from disability;
- (3) fails to meet the requirements under (e) of this section or under AS 39.35.415
- (4) reaches normal retirement age.
- (c) If the disabled employee becomes ineligible to receive nonoccupational disability benefits, the employee is entitled
to receive a normal or early retirement benefit if the employee would have been eligible for the benefit had employment
continued during the period of disability. However, the period of disability does not constitute credited service.
- (d) The monthly amount of the nonoccupational disability benefit shall be determined in accordance with AS 39.35.370
(c), considering the employee's credited service and compensation before termination of employment.
- (e) A disabled employee receiving a nonoccupational disability benefit shall provide the administrator, one year after
appointment to disability benefits and once each year thereafter until disability benefits cease, proof of continuing
eligibility to receive disability payments under the Social Security Act. If the disabled employee is otherwise
ineligible for a social security payment, the employee shall provide the administrator with sufficient medical evidence
once each year to demonstrate that disability payments under the Social Security Act would be payable had the employee
been otherwise eligible. If the disabled employee fails to provide the administrator with evidence of continuing
eligibility for disability payments under the Social Security Act or other medical evidence required by the
administrator within 30 days following each anniversary date, the disability benefits from the plan shall cease. If
that information is subsequently provided to the administrator, benefit payments will resume beginning for the month
following that in which the information is provided. When disability payments under the Social Security Act cease, it
is the responsibility of the disabled employee to notify the administrator immediately.
- (f) A disabled employee's nonoccupational disability benefit terminates when the employee first attains eligibility for
normal retirement. At that time, retirement benefits will be calculated under AS 39.35.370
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