Title 2 . Administration

Chapter 40 . Public Information

Section 175. Transition rules

2 AAC 40.175. Transition rules

(a) In determining program eligibility, the administrator

(1) will, until February 28, 1991, accept applications signed no more than 30 days before an applicant meets the eligibility requirements of 2 AAC 40.010; and

(2) will, except as provided in (1) of this subsection, apply regulations in effect on the later of

(A) the date an applicant's initial application is received by the administrator; or

(B) the date an applicant satisfies the age and residency requirements of this chapter.

(b) A recipient who is eligible for a bonus before December 1, 1990 and who qualifies for a bonus for January 1991 under regulations in effect on November 30, 1990 will receive a bonus on or near January 1, 1991. A recipient who is eligible for a bonus before December 1, 1990 and who qualifies for a bonus for February 1991 under regulations in effect on November 30, 1990 will receive a bonus on or near February 1, 1991.

(c) The validation procedure described in 2 AAC 40.080 will commence with bonuses scheduled for delivery near February 1, 1991. A recipient whose compliance with 2 AAC 40.080 qualifies the recipient for a bonus payable on March 1, 1991 will receive a bonus for January 1991 on or near March 1, 1991. A recipient whose compliance with 2 AAC 40.080 qualifies the recipient for a bonus payable on April 1, 1991 will receive a bonus for February 1991 on or near April 1, 1991.

(d) A recipient who is eligible for a bonus before December 1, 1990 and who does not qualify for a bonus under (b) of this section will not be disqualified more than once for any specific month.

(e) For the purpose of determining the effect of absences from Alaska ending before June 1, 1991, the administrator will apply regulations in effect on November 30, 1990 if those provisions are more favorable to the recipient than the provisions of 2 AAC 40.090 or 2 AAC 40.110.

(f) A recipient who was eligible for and received a bonus before December 1, 1990 is not eligible to receive bonus payments after the month of disqualification under 2 AAC 40.110 or termination under 2 AAC 40.140(a) , (b), (c)(2), and (c)(3), regardless of the month for which the payment is being made.

(g) A recipient who was eligible under 2 AAC 40.010(b) before December 1, 1990 who terminates eligibility under 2 AAC 40.140(c) (1) will continue to receive payments without interruption.

(h) A recipient who was eligible for the program before December 1, 1990 whose eligibility for bonus payments is discontinued under 2 AAC 40.110(b) or (c), or who is terminated under 2 AAC 40.140 may be reinstated under 2 AAC 40.130 but will be treated as a new recipient who was not eligible for the program before December 1, 1990. Bonus payments will commence pursuant to 2 AAC 40.065.

History: Eff. 12/1/90, Register 117; am 3/6/92, Register 122

Authority: AS 47.45.020 (1)

AS 47.45.100 (1)

Editor's note: The 3/6/92 "emergency" amendment to 2 AAC 40.175 was published in the emergency regulations section of the July 1992 Cumulative Supplement pamphlet for 2 AAC. Appearing below the section was a statement that the emergency regulation expired July 3, 1992, unless made permanent by the adopting agency. That statement was incorrect. The adoption of longevity bonus regulations is exempt from the Administrative Procedure Act (AS 44.62) and that Act's emergency regulation expiration provision, and no other regulation-adoption requirements are provided for those regulations. Therefore, the 3/6/92 "emergency" amendment to 2 AAC 40.175 remained in effect without the need for further agency action.