Title 2 . Administration

Chapter 35 . Public Information

Section 870. Membership criteria for University of Alaska personnel

2 AAC 35.870. Membership criteria for University of Alaska personnel

(a) AS 39.35.300 (a) and this section govern the membership in the PERS of all University of Alaska personnel.

(b) The University of Alaska shall designate all current University of Alaska positions as PERS, TRS or nonapplicable. Any new position must be designated in the same manner. PERS members are those employees in positions subject to a formal position classification and evaluation system and who do not have academic standing or rank as defined under 2 AAC 36.850.

(c) Final approval of the designation of positions and the membership of employees shall be made by the administrator of the Public Employees' Retirement System.

(d) An employee or former employee who, on December 3, 1984, occupies a position or occupied a position designated under (b) of this section for a retirement system different from the one currently assigned to the position, shall either: (1) irrevocably elect to remain under that system; or (2) elect to be placed retroactively in the retirement system designated for that position. The employee must make this election before January 1, 1986. Failure to make an election by that date results in the employee remaining in the retirement system that he or she is a member of on December 3, 1984. The member must continue to participate in that system until termination or transfer to another position.

(e) An employee electing retroactive PERS coverage will be refunded the difference in member mandatory contributions between what was contributed, plus interest, and what should have been contributed in the PERS, including interest, at the rate prescribed in that system. An employee electing retroactive TRS coverage is indebted to that system for any additional contributions represented by the difference in what the member contributed and what should have been contributed. The University shall make all necessary employer contribution adjustments.

(f) An employee hired or rehired into a PERS-designated TRS position must become a member of the PERS. A PERS-designated position may not be retroactively changed to TRS after January 1, 1986.

(g) A vacant position which is classified as a PERS-covered position may not be transferred to TRS coverage without prior written approval of the administrator.

History: In effect before 10/21/83; am 12/3/84, Register 93; am 5/10/85, Register 99

Authority: AS 39.35.040

AS 39.35.300