- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 35. Public Employees' Retirement System of Alaska
- Section 430. Occupational Death Benefit.
previous: Section 420
. Nonoccupational Death Benefits.
next: Section 440
. Death After Occupational Disability.
AS 39.35.430. Occupational Death Benefit.
- (a) [Repealed, Sec. 16 ch 123 SLA 1976].
- (b) If (1) the death of an employee occurs before the employee's retirement and before the employee's normal retirement
date, and (2) the proximate cause of death is a bodily injury sustained or a hazard undergone while in the performance
and within the scope of the employee's duties, and (3) the injury or hazard is not the proximate result of wilful
negligence of the employee, a monthly survivor's pension shall be paid to the surviving spouse. If there is no
surviving spouse or if the spouse later dies, the monthly survivor's pension shall be paid in equal parts to the
dependent children of the employee. On the date the normal retirement of the employee would have occurred if the
employee had lived, monthly payments shall equal the monthly amount of the normal retirement benefit to which the
employee, had the employee lived and continued employment until the employee's normal retirement date, would have been
entitled with an average monthly compensation as existed at death and the credited service to which the employee would
have been entitled.
- (c) The first payment of the surviving spouse's pension or of a dependent child's pension shall be made for the month
following the month in which the employee dies and payment shall cease to be made beginning with the month in which
there is no surviving spouse or no dependent child.
- (d) [Repealed, Sec. 19 ch 123 SLA 1976].
- (e) [Repealed, Sec. 19 ch 123 SLA 1976].
- (f) If the death of an employee occurs from occupational causes but no surviving spouse or dependent children exist at the
time of the death or if the employee designates as beneficiary under AS 39.35.490
someone other than the surviving spouse or dependent children, the employee's designated beneficiary is entitled to
receive those benefits available to a beneficiary under AS 39.35.420
(c) and an occupational death benefit may not be paid to the surviving spouse or dependent children.
- (g) The monthly survivor's pension in (b) of this section for survivors of employees who were not peace officers or fire
fighters is 40 percent of the employee's monthly compensation in the month in which the employee dies. The monthly
survivor's pension in (b) of this section for survivors of employees who were peace officers or fire fighters is the
- (1) 50 percent of the monthly compensation in the month in which the employee dies; or
- (2) 75 percent of the employee's retirement benefit calculated under the provisions of AS 39.35.370
(c) if the employee had survived to normal retirement age.
- (h) If an employee's death is caused by an act of assault, assassination, or terrorism directly related to the person's
status as an employee, whether the act occurs on or off the employee's job site, the death shall be considered to have
occurred in the performance of and within the scope of the employee's duties for purposes of (b)(2) of this section. If
the expressed or apparent motive and intent of the perpetrator of the harm inflicted upon the employee was due to the
performance of the employee's job duties or employment, the death shall be considered to be directly related to the
employee's status as an employee. An employee's job duties are those performed within the course and scope of the
person's employment with an employer.
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