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Title 2 . Administration
Chapter 35 . Public Information
Section 240. Alaska cost-of-living allowance

2 AAC 35.240. Alaska cost-of-living allowance

(a) The Alaska cost-of-living allowance established under AS 39.35.480 accrues from the first day of the month after written application from the member, on a form prescribed by the administrator, is either hand delivered to the division of retirement and benefits, or is mailed to the division of retirement and benefits and postmarked from within Alaska. If a mailed application has a postmark on which the date is missing or illegible, the postmark day is rebuttably presumed to be five working days before the day the application is received by the division.

(b) Except as otherwise provided by AS 39.35.480 , a member must be domiciled and physically present in Alaska to receive a cost-of-living allowance under AS 39.35.480 .

(c) For the purposes of this chapter, a person domiciled in the state is a person who

(1) maintains his or her principal place of residence in the state of Alaska;

(2) demonstrates at all times during an absence an intent to return to Alaska and remain a resident of Alaska; and

(3) does not claim residency outside the state or obtain benefits of residency in another state or nation.

(d) The administrator's determination of an applicant's residency will be based on the totality of relevant circumstances. Intent is demonstrated by establishing and maintaining customary ties indicative of Alaska residency. Acts that are required by law or contract or that are routinely performed by temporary residents of the state are not sufficient to demonstrate residency. The burden is on the applicant or recipient to provide the administrator with documentation or other information necessary to support eligibility for the Alaska cost-of-living allowance. The following may be used as evidence of domicile:

(1) the applicant's written or oral statements at the time in question, including statements made to obtain a license to drive, fish, hunt, or engage in another activity regulated by a governmental entity;

(2) the affidavits of other persons who had reason to know of the applicant's intent;

(3) voter registration and voting records;

(4) proof of a substantial ownership or leasehold interest in applicant's residence in Alaska;

(5) proof such as the presence of household goods owned by applicant, that the residence referred to in (4) of this subsection is inhabited by and used as a primary residence by applicant;

(6) an Alaskan telephone listing in the applicant's or the applicant's spouse's name;

(7) the duration of continuous residence in the state;

(8) employment and unemployment records;

(9) permanent fund dividend or longevity bonus records;

(10) travel records;

(11) other information that the applicant deems relevant.

(e) In the event a recipient's eligibility for the Alaska cost-of-living allowance is in question, the division will notify the recipient by certified mail that evidence of domicile is required. The recipient must provide evidence as outlined in (d) of this section within 30 days of receipt of the division's notice. Failure of the recipient to provide evidence of domicile by either hand delivering or mailing evidence, which must be received or postmarked within 30 days after the recipient's receipt of the division's notice, will result in the removal of the Alaska cost-of-living allowance.

(f) Upon receipt of evidence confirming that the recipient satisfies the requirements under (a) - (d) of this section, the Alaska cost-of-living allowance will be reinstated retroactively to the date it was removed, if the recipient has not been out of state for a continuous period that exceeds 90 days from the date of the recipient's departure.

History: In effect before 10/21/83, Register 93; am 11/9/89, Register 114; am 1/7/2001, Register 159

Authority: AS 39.35.040

AS 39.35.042

AS 39.35.480

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Last modified 7/05/2006