Section 2 AAC 35.291 - Recovers from disability(a) Occupational disability benefits cease when a member recovers from an injury or illness. Proof of such recovery may include, among other things, medical evidence or proof of capability to work in a comparable position offered to the member by an employer as defined in AS 39.35.680. A "comparable position" may include a position that requires similar strengths and abilities to the position held by the member at the time of termination of employment or a position that provides compensation of 75 percent or more of the salary used to calculate the member's Public Employees' Retirement System of Alaska (PERS) occupational disability benefit, adjusted for inflation. The adjustment for inflation is effective July 1 of each year and is the percentage increase in the consumer price index for urban wage earners and clerical workers for Anchorage, Alaska during the previous calendar year as determined by the United States Department of Labor, Bureau of Labor Statistics.(b) Nonoccupational disability benefits cease when a member recovers from an injury or illness or is capable of working in any full-time position.(c) The administrator may, in the administrator's discretion, require a member to submit evidence of the member's recovery to work, including a copy of the member's most recent federal tax return to determine if a member receiving nonoccupational disability benefits has returned to work or a member receiving occupational disability benefits has returned to work and is earning wages comparable to the gross monthly compensation used to calculate the member's occupational disability benefit.Eff. 1/7/2001, Register 159; am 2/13/2004, Register 172; am/readopt 7/20/2006, Register 179Effective 7/20/2006, Register 179, the Department of Administration readopted 2 AAC 35.291, except for 2 AAC 35.291(a) and (b), without change, to affirm the validity of that section following statutory amendments made in ch. 9, FSSLA 2005. The department also amended 2 AAC 35.291(a) and (b). 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.
Even though the adoption of amendments and new sections (b) and (c) were effective 2/13/2004, it was not published until Register 172, January 2005.
Authority:AS 39.35.003
AS 39.35.400
AS 39.35.410
AS 39.35.890