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- Alaska Statutes.
- Title 22. Judiciary
- Chapter 25. Retirement and Death Benefits
- Section 110. Special Rules For Treatment of Qualified Military Service.
previous:
Section 100. Exemption of Retirement Funds and Benefits.
next:
Section 800. Pension Forfeiture.
AS 22.25.110. Special Rules For Treatment of Qualified Military Service.
(a) Notwithstanding any contrary provisions of this chapter, 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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