Section 2 AAC 35.990 - Definitions(a) In this chapter, unless the context otherwise requires, "division" means the Division of Retirement and Benefits in the Department of Administration.(b) In AS 39.35.006, "decision made by the administrator" means a decision in a matter over which the administrator has control, and does not include a decision by an employer.(c) In AS 39.35.120, "commencement of employment" means the time at which the employee becomes an active member of the system as defined in AS 39.35.680.(d) In AS 39.35.370(h), "probation officer" means a person employed as a probation officer by the Department of Corrections, regardless of whether the person is assigned to a correctional facility.(e) In AS 39.35.520(a), "change or error is made in the records maintained by the system" means a correction or mistake made in the records as a result of the entry of incorrect information about a member into the records.(f) In the definition of "occupational disability" in AS 39.35.680, "wilful negligence" means intentional misconduct or gross negligence.(g) In AS 39.35.400(b), "reaches normal retirement age" means(1) for a member first joining the system before July 1, 1986, reaches age 55 with 5 years of credited service for which no indebtedness is due;(2) for a member first joining the system on or after July 1, 1986, reaches age 60 with 5 years of credited service for which no indebtedness is due.(h) In AS 39.35.410(b), "reaches normal retirement age" means(1) for a member first joining the system before July 1, 1986, reaches age 55 with 5 years of credited service for which no indebtedness is due or accrues sufficient paid-up credited service, including credited service accrued as a result of the occupational disability, to entitle the member to retire under AS 39.35.370(a)(2) or (3), whichever occurs earlier;(2) for a member first joining the system on or after July 1, 1986, reaches age 60 with 5 years of credited service for which no indebtedness is due or accrues sufficient paid-up credited service, including credited service accrued as a result of the occupational disability, to entitle the member to retire under AS 39.35.370(a)(2) or (3), whichever occurs earlier.Eff. 9/27/96, Register 150; am 1/7/2001, Register 159; am 2/23/2001, Register 159; am/readopt 7/20/2006, Register 179Effective 7/20/2006, Register 179, the Department of Administration readopted 2 AAC 35.990, except for 2 AAC 35.990(b), (f), (g), and (h), without change, to affirm the validity of that section following statutory amendments made in ch. 9, FSSLA 2005. The department also amended 2 AAC 35.990(b), and (f), and added 2 AAC 35.990(g) and (h). Chapter 9, FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely transferred the board's authority to adopt regulations in 2 AAC 35 to the commissioner of administration.
The regulations attorney relocated the division name from 2 AAC 35.080 to a new definition section, 2 AAC 35.990. Although this division name was listed in 2 AAC 35.080, effective 9/27/96, this relocation was not published until Register 150, July 1999.
Authority:AS 39.35.003
AS 39.35.120
AS 39.35.370
AS 39.35.400
AS 39.35.410
AS 39.35.520
AS 39.35.522
AS 39.35.680