Section 2 AAC 38.100 - Responsibilities and rights of a member of a state retirement system and same-sex partner(a) It is the responsibility of a member of a state retirement system to comply with all requirements of an insurance, retirement, or benefit plan or program, including all application, designation, affidavit, and documentation requirements, in order to provide or allow provision of benefits to the retirement system member's same-sex partner. Except when specifically provided by this chapter or the terms of an insurance, retirement, or benefit plan or program, a retirement system member's compliance with the application, affidavit, and documentation requirements of a plan or program does not entitle the retirement system member's same-sex partner to rights or benefits under a different plan or program.(b) Nothing in this chapter supersedes the requirements of a court order regarding rights or benefits of a former spouse or dependents of a retirement system member.(c) Nothing in this chapter provides, or allows the provision of, any right or benefit to the same-sex partner of a retirement system member that would not be available to the spouse of the retirement system member.Effective date for medical benefit provisions: 11/12/2006, Register 181; effective date for retirement systems benefits provisions: 11/16/2006, Register 181; am 1/1/2016, Register 217, April 2016The two November 2006 effective dates for the provisions of 2 AAC 38.100 were established by the Alaska Supreme Court in its order of December 19, 2006 in State of Alaska v. Alaska Civil Liberties Union, et al (Supreme Court No. S-12480) 159 P.3d 513. 2 AAC 38.100 first appeared in print in the Alaska Administrative Code in Register 181, April 2007.
Authority:AS 14.25.005
AS 22.25.027
AS 39.30.090
AS 39.35.005
Former AS 39.37.090