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Alaska Statutes.

Title 14. Education, Libraries, and Museums

Chapter 25. Teachers' Retirement

Section 110. Retirement Benefits.

AS 14.25.110. Retirement Benefits.

   (a) Subject to AS 14.25.167, a member is eligible for a normal retirement benefit if the member
        (1) was first hired before July 1, 1975, has attained the age of 55 years, and has at least 15 years of credited service, the last five of which have been membership service or is otherwise vested in the plan;
        (2) has attained the age of 60 years and has at least eight years of membership service;
        (3) has attained the age of 60 years, has at least five years of membership service, and has Alaska BIA service which, when added to the membership service, will equal at least eight years;
        (4) has at least 25 years of credited service, the last five of which have been membership service;
        (5) has at least 20 years of membership service;
        (6) has at least 20 years of combined membership service and Alaska BIA service, the last five of which have been membership service; or
        (7) has, for each of 20 school years,
             (A) at least one-half year of membership service as a part-time teacher;
             (B) one full year of membership service as a full-time teacher; or
             (C) any combination of service qualified under this paragraph.
   (b) Subject to AS 14.25.167 , a member is eligible for an early retirement benefit upon completing the service requirements in (a)(1) of this section and attaining the age of 50 years or upon completing the service requirements in (a)(2) or (3) of this section and attaining the age of 55 years.
   (c) The burden is on the applicant to prove eligibility for retirement benefits to the full satisfaction of the administrator.
   (d) The monthly amount of a retirement benefit for a member who has paid the full amount of any indebtedness is one-twelfth of the member's average base salary during any three school years of membership service multiplied by
        (1) two percent of the years of credited service earned before June 30, 1990, including credited fractional years, and the years of credited service through a total of 20 years; plus
        (2) two and one-half percent of the years of credited service earned after June 30, 1990, that are more than 20 years of total credited service.
   (e) The monthly amount of a retirement benefit must be determined in accordance with (d) of this section as it is in effect on the date of termination of the retiring member's last segment of employment.
   (f) [Repealed, § 47 ch 59 SLA 2002].
   (g) [Repealed, § 47 ch 59 SLA 2002].
   (h) [Repealed, § 47 ch 59 SLA 2002].
   (i) Benefits payable under this section accrue from the first day of the month after which all of the following requirements are met: (1) the member meets the eligibility requirements of this section; (2) the member terminates employment; and (3) the member applies for retirement. Benefits are not payable under this section during a school year in which credit for a full year of service is granted. The benefits are payable the last day of the month. If payment is delayed, a retroactive payment must be made for the month in which a benefit is payable under this section. The last payment shall be for the month in which the member dies or is no longer eligible for a benefit under this section.
   (j) An actuarial adjustment must be made to benefits payable under (d) of this section for early retirement.
   (k) For plan fiscal years beginning after December 31, 1975, and notwithstanding any other provision of AS 14.25.009 - 14.25.220, the projected annual benefit provided by AS 14.25.009 - 14.25.220 and the benefit from all other defined benefit plans required to be aggregated with the benefits from this plan under the provisions of 26 U.S.C. 415 may not increase to an amount in excess of the amount permitted under 26 U.S.C. 415 at any time. In the event that any projected annual benefit of a member exceeds the limitation of 26 U.S.C. 415 for a limitation year, the plan shall take any necessary remedial action to correct an excess accrued annual benefit. The provisions of 26 U.S.C. 415, and the regulations adopted under that statute, as applied to qualified defined benefit plans of governmental employers are incorporated as part of the terms and conditions of the plan. This subsection applies to any member of this plan.
   (l) Notwithstanding (d) of this section,
        (1) for the plan fiscal years beginning on or after January 1, 1996, the base salary of a member who joined the plan after the first day of the first plan fiscal year beginning after December 31, 1995, that is used to calculate the member's average base salary may not exceed $150,000, as adjusted for the cost of living in accordance with 26 U.S.C. 401(a)(17)(B); and
        (2) for plan fiscal years beginning on or after January 1, 2002, the base salary of a member that is used to calculate the member's average base salary may not exceed $200,000, as adjusted for the cost of living in accordance with 26 U.S.C. 401(a)(17)(B).
   (m) Notwithstanding the definition of "base salary" in AS 14.25.220 , in (l) of this section, for plan fiscal years beginning on or after January 1, 1998, and for purposes of 26 U.S.C. 415(b)(3) and the regulations adopted under that statute,
        (1) "base salary"
             (A) includes any amount that is contributed by the employer under a salary reduction agreement and that is not includable in the member's gross income under 26 U.S.C. 125, 132(f)(4), 402(e)(3), 402(h), or 403(b); and
             (B) is limited to compensation that is actually paid to a member during the determination period;
        (2) "determination period" means the plan fiscal year.