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 for an employer, including self-employment. 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 a 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.

History: Eff. 1/7/2001, Register 159; am 2/13/2004, Register 172

Authority: AS 39.35.040

AS 39.35.042

AS 39.35.400

AS 39.35.410

Editor's note: 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.

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