Title 2 . Administration

Chapter 35 . Public Information

Section 322. Reemployed retired employee coverage

2 AAC 35.322. Reemployed retired employee coverage

(a) A retired member who is otherwise eligible to make an election to waive coverage under AS 39.35.150 (b) must have been terminated from PERS employment for a minimum of 30 calendar days in order to exercise the waiver option.

(b) If a retired member returns to employment with an employer, it is the responsibility of the member to file an election under AS 39.35.150 (b) with the administrator within 30 calendar days after reemployment in order to continue receiving benefit payments during the period of reemployment.

(c) The 30-day election period in (b) of this section is determined from the member's date of reemployment to the date of election.

(d) The date of postmark of the election or the actual date of receipt of the election by the administrator, whichever is earlier, is the date of election.

(e) If a mailed election has an illegible postmark or an undated postmark, the postmark date is rebuttably presumed to be five working days before the day the election is received by the administrator.

(f) Failure to make timely election as provided in (a) - (e) of this section will result in the member being subject to AS 39.35.120 and 39.35.160.

(g) Once the administrator receives an election, the election is irrevocable for the period of reemployment.

(h) A member who is eligible and makes an election under AS 39.35.150 (b) is a retired member under AS 39.35.680 (35) for the purposes of this chapter.

History: Eff. 7/2/2001, Register 167

Authority: AS 39.35.040

AS 39.35.042

AS 39.35.120

AS 39.35.150

AS 39.35.160

AS 39.35.680

Editor's note: Although 2 AAC 35.322 took effect 7/2/2001 by emergency order, and was made permanent on 9/17/2001, it did not appear in print in the Alaska Administrative Code until Register 167.