Title 8 . Labor and Workforce Development

Chapter 45 . Fishermen's Fund

Section 225. Social security and pension or profit sharing plan offsets

8 AAC 45.225. Social security and pension or profit sharing plan offsets

(a) An employer may reduce an employee's or beneficiary's weekly compensation under AS 23.30.225 (a) by

(1) getting a copy of the Social Security Administration's award letter showing the

(A) employee or beneficiary is being paid retirement or survivor's benefits;

(B) amount, month, and year of the initial entitlement; and

(C) amount, month, and year of each dependent's initial entitlement;

(2) computing the reduction using the employee's or beneficiary's initial Social Security entitlement, and excluding any cost-of-living adjustments; and

(3) completing, filing with the board, and serving upon the employee or beneficiary a Compensation Report form showing the reduction and how it was computed, together with a copy of the Social Security Administration's award letter.

(b) An employer may reduce an employee's weekly compensation under AS 23.30.225 (b) by

(1) getting a copy of the Social Security Administration's award showing the

(A) employee is being paid disability benefits;

(B) disability for which the benefits are paid;

(C) amount, month, and year of the employee's initial entitlement; and

(D) amount, month, and year of each dependent's initial entitlement;

(2) computing the reduction using the employee or beneficiary's initial entitlement, excluding any cost-of-living adjustments;

(3) completing, filing with the board, and serving upon the employee a petition requesting a board determination that the Social Security Administration is paying benefits as a result of the on-the-job injury; the petition must show how the reduction will be computed and be filed together with a copy of the Social Security Administration's award letter;

(4) filing an affidavit of readiness for hearing in accordance with 8 AAC 45.070(b) ; and

(5) after a hearing and an order by the board granting the reduction, completing a Compensation Report form showing the reduction, filing a copy with the board, and serving it upon the employee.

(c) An employer may reduce benefits under AS 23.30.225 (c) by

(1) getting documentation of the pension or profit sharing payments;

(2) computing the reduction in accordance with AS 23.30.225 (c); and

(3) completing a Compensation Report form showing how the reduction was computed, filing a copy with the board, and serving it upon the employee or beneficiary; the Compensation Report form must be filed together with a copy of the pension or profit sharing payment documents and wage documents showing that the employer's contributions to a qualified pension or profit sharing plan were included in the gross weekly earnings determination.

(d) An employee or beneficiary who is receiving weekly compensation benefits shall

(1) send the employer a copy of the award letter from the Social Security Administration or a copy of the first payment documents from a pension or profit sharing plan; and

(2) upon the employer's request, sign a release for the employer to get information from the Social Security Administration or the pension or profit sharing plan.

History: Eff. 7/2/98, Register 146

Authority: AS 23.30.005

AS 23.30.225