- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 35. Public Employees' Retirement System of Alaska
- Section 450. Joint and Survivor Option.
previous: Section 440
. Death After Occupational Disability.
next: Section 451
. Spouse Survivor Benefits Under Public Employees Retirement Act of 1949. [Repealed, Sec. 47 Ch 59 SLA 2002].
AS 39.35.450. Joint and Survivor Option.
- (a) Benefits payable under this section are in place of benefits payable under AS 39.35.370
, 39.35.385, and former AS 39.35.460
. Upon filing an application with the administrator or when a disabled employee first attains eligibility for normal
retirement under AS 39.35.400(f) or 39.35.410(h), the employee shall designate the person who
is the employee's spouse at the time of appointment to retirement as the contingent beneficiary. However, if the
designation of the spouse is revoked under (c) of this section, the employee may designate a dependent approved by the
administrator as the contingent beneficiary or may take normal or early retirement under AS 39.35.370
or 39.35.385 or, if the employee was first hired
before July 1, 1996, benefit payments under the level income option under former AS 39.35.460
. The administrator shall pay benefits under the option elected by the employee. The employee may elect an option that
provides that the employee is entitled to receive a reduced benefit payable for life, and, after the employee's death,
the contingent beneficiary is entitled to payments in the amount of
- (1) 75 percent of the reduced benefit payable for life; or
- (2) 50 percent of the reduced benefit payable for life.
- (b) The aggregate of the pension payments expected to be paid to an employee and the contingent beneficiary under the
options set out in (a) of this section shall be the actuarial equivalent of the pension that the employee is otherwise
entitled to receive upon retirement.
- (c) An employee may elect or change an option without the approval of the administrator if the election or change is filed
in writing with the administrator before the effective date of the employee's retirement. An employee may revoke a
joint and survivor option if the employee files with the administrator before the effective date of the employee's
retirement a revocation and consent to the revocation signed by the employee's present spouse and each person entitled
to benefits under a qualified domestic relations order on forms provided by the administrator. The administrator may
waive the requirement for written consent from
- (1) a person entitled under the order if the person cannot be located or for another reason established by regulation; or
- (2) the spouse if
- (A) the employee is not married;
- (B) the employee was not married to the spouse during any period of the employee's employment with an employer;
- (C) the spouse has no rights to the option because of the terms of a qualified domestic relations order;
- (D) the spouse cannot be located;
- (E) the employee and the spouse have been married for less than two years and the employee establishes that they are not
- (F) another reason is established under regulations of the administrator.
- (d) A member, including a deferred vested member, may, regardless of age, elect a joint and survivor option any time
before appointment to receive a retirement benefit.
- (e) If either the employee or contingent beneficiary dies before the employee is appointed to retirement, the election
becomes inoperative. Once the employee is appointed to retirement, the election is irrevocable. If a retired employee
is reemployed and is subsequently reappointed to retirement, those benefits earned during the period of reemployment
are subject to the initial election made under this section, unless the contingent beneficiary is deceased. If the
contingent beneficiary is deceased, the benefits earned during the period of reemployment are subject to AS 39.35.370
or this section if another contingent beneficiary was elected during the period of reemployment. All other benefits
earned during prior periods of employment are subject to the election at the time the employee was appointed to
retirement. If death occurs from nonoccupational causes during the period of reemployment, those benefits earned while
reemployed are subject to AS 39.35.420
(b). All other benefits earned during prior periods of employment are subject to the election at the time the employee
was appointed to retirement. If death occurs from occupational causes during the period of reemployment, all benefits
earned during all periods of employment are subject to AS 39.35.430
(b) and (c).
- (f) The employee and any person claiming to be a contingent beneficiary shall file with the administrator a marriage
certificate, divorce or dissolution judgment, or other evidence necessary to determine the applicability of this
section and the identity of any contingent beneficiary.
- (g) If the administrator determines, based on the affidavit of the employee and other evidence that an employee is
eligible to elect a form of payment other than a joint and survivor option under this section, and no contrary evidence
is presented to the administrator within 60 days after the effective date of the employee's retirement, a claim under
this section, made by a spouse or former spouse of the member, may not be paid if payment would result in an increase
in actuarial liability to the plan.
- (h) If an employee fails to elect an option under this section, and if no effective revocation is filed with the
administrator, the employee is considered to have elected the option provided in (a)(2) of this section.
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