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- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 35. Public Employees' Retirement System of Alaska
- Section 340. Military Service.
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AS 39.35.340. Military Service.
- (a) A vested employee is entitled to credited service for active military service in the armed forces of the United
States, either by enlistment or induction, if the employee received a discharge under honorable conditions and is not
entitled to receive retirement benefits from the United States government for the same service. The credited service
allowed may not exceed an aggregate period of five years. Benefits are not payable on credited service for military
service unless the employee makes retroactive contributions to the plan for the period of time that service credit is
claimed. However, if the employee was in the employ of an employer on the date of entry into the armed forces and
returned to the employ of an employer within 90 days after the date of discharge from military service, the employee is
not required to make retroactive contributions under this plan for the period of credited service.
- (b) In order to obtain credited service under this section, an employee shall make an election to do so and shall verify
the period of military service. When eligibility for credited service for military service has been established, an
indebtedness shall be determined as follows: (1) the employee's actual compensation, or the calculated annual
compensation for those employees working less than 12 months, during the calendar year 1976 or the year in which an
employee first becomes vested under AS 39.35.095 - 39.35.680, whichever is later, multiplied by (2) the number of years of military
service credited under this section, and this product multiplied by (3) six percent for members who are first eligible
to claim this military service before January 1, 1987, or eight and one-half percent for members who are first eligible
to claim this military service on or after January 1, 1987. Interest as prescribed by regulation accrues on this
indebtedness beginning on July 1, 1977, or one year following the date a person first becomes vested, whichever is
later. Any outstanding indebtedness that exists at the time a person is appointed to retirement necessitates an
actuarial adjustment to the benefits payable based upon that military service.
- (c) A retired employee on July 1, 1976, is eligible to receive increased benefits based upon military service as described
in (a) of this section. To receive credited service for military service, a retired employee shall verify the military
service. When verified, a retired employee is entitled to receive an increased benefit that shall be actuarially
adjusted to reflect the employee's indebtedness for that credit. The indebtedness shall be calculated in the same
manner as described in (b) of this section except that it shall be based on the average monthly compensation used in
calculating the benefit. The effective date of this increased benefit is the beginning of the month following that in
which eligibility has been established.
- (d) The credited service granted under this section may not be used to satisfy the credited service requirements for
normal retirement.
- (e) A deferred vested employee on July 1, 1976, is eligible to claim credited service under (a) of this section. In order
to obtain credited service under this section, such an employee shall make an election to do so and shall verify the
period of military service. When eligibility for military service has been established, an indebtedness shall be
determined as follows: the employee's actual compensation, or the calculated annual compensation for those employees
working less than 12 months, during the calendar year the employee terminated, shall be multiplied by six percent; this
product shall then be multiplied by the number of years of military service credit under this section. Interest as
prescribed by regulation accrues on this indebtedness commencing July 1, 1978. Any outstanding indebtedness that
exists at the time a person is appointed to retirement necessitates an actuarial adjustment to the benefits payable
based upon that military service.
- (f) An employee may not be credited with a period of active military service in the armed forces of the United States under
this section if credit for that military service was granted under AS 14.25.009 - 14.25.220.
- (g) A surviving spouse receiving or entitled to receive benefits under AS 39.35.420
(b), 39.35.430, or 39.35.440 or benefits under a joint and survivor option
filed under AS 39.35.450
is eligible to receive increased benefits based on military service as described in (a) of this section. To receive
credited service for military service, the surviving spouse shall verify the employee's military service. When
verified, the surviving spouse is entitled to receive an increased benefit which shall be actuarially adjusted to
reflect the indebtedness for that credit. The indebtedness shall be calculated in the same manner as described in (b)
of this section except that it shall be based on the average monthly compensation used in calculating the benefit.
Benefits payable under this subsection are effective the first day of the month following that in which eligibility has
been established.
- (h) The combined period of military service claimed under this section and under AS 14.25.009 - 14.25.220 may not exceed five years.
- (i) Credited service under (a) of this section includes service as a
- (1) foreign service officer, a foreign service reserve officer, or a limited foreign service reserve officer with the
United States Department of State in Vietnam, Cambodia, or Laos from August 4, 1964, through November 7, 1975; and
- (2) member of the United States Merchant Marine Service from December 7, 1941, through September 30, 1945.
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