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- Alaska Statutes.
- Title 14. Education, Libraries, and Museums
- Chapter 25. Teachers' Retirement
- Section 195. Special Rules For Treatment of Qualified Military Service.
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Section 190. Management and Investment of Fund. [Repealed, Sec. 132 Ch 9 FSSLA 2005].
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Section 200. Exemption From Taxation and Process.
AS 14.25.195. Special Rules For Treatment of Qualified Military Service.
(a) Notwithstanding any contrary provisions of AS 14.25.009 - 14.25.220, with respect to qualified military service, contributions
shall be made and benefits and service credit shall be provided in accordance with 26 U.S.C. 414(u).
(b) To the extent required by 26 U.S.C. 401(a)(37), if a member dies while performing qualified military service, as defined in
38 U.S.C. 43, the survivors of the member are entitled to any additional benefits that would have been provided to the survivors under the
plan had the member resumed employment and then terminated employment on account of death. For purposes of this subsection, periods of
qualified military service are not included in calculations of credited service.
(c) Consistent with and to the extent required by 26 U.S.C. 414(u)(12), a member receiving differential wage payments from an employer
shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying
the limits on annual additions under 26 U.S.C. 415(b). For purposes of this subsection, “differential wage payment” means any payment that
(1) is made by an employer to an individual with respect to any period during which the individual is performing service in the
uniformed services, as defined in 38 U.S.C. 43, while on active duty for a period of more than 30 days; and
(2) represents all or a portion of the wages the individual would have received from the employer if the individual were performing
service for the employer.
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