Alaska Administrative Code
Title 2 - Administration
Chapter 38 - Employment-Related Benefits for Same-Sex Partners of State Retirees Under the State's Retirement Systems
2 AAC 38.070 - Same-sex partner survivor benefits for a member of a state retirement system who retired before January 1, 2016
Current through February 27, 2024
(a) Survivor benefits for a member of a state retirement system who retired before January 1, 2016 and made an irrevocable designation of a same-sex partner to receive survivor benefits are payable to a same-sex partner designated to the extent the benefits are not payable to a former spouse under the terms of a qualified domestic relations order. A designation by the member of a state retirement system of a same-sex partner to receive survivor benefits must meet the requirements of this section.
(b) A designation made before January 1, 2016 of a same-sex partner to receive survivor benefits that may be paid to a person other than a spouse under applicable statute is valid to the same extent the designation of any other non-spouse beneficiary is valid under the statute.
(c) A designation made before January 1, 2016 by a member of a state retirement system of a same-sex partner as beneficiary to receive survivor benefits that are available to a surviving spouse under AS 14.25.155, 14.25.157, 14.25.160, 14.25.162, 14.25.164, 14.25.167, 14.25.420, 14.25.485, 14.25.487; AS 22.25.030; AS39.35.420, 39.35.430, 39.35.440, 39.35.450, 39.35.890, 39.35.892; or former AS 39.37.060 is not valid unless the member files with the administrator
(d) A deceased retirement system member's same-sex partner whom the administrator determines is validly designated as the member's beneficiary to receive survivor benefits has the same rights to survivor benefits, including group insurance and alternative insurance benefits available under the applicable plan, that a surviving spouse would have, and is subject to the same requirements that a surviving spouse would be subject to relating to those benefits.
(e) After the date of retirement, a retirement system member's revocation of the designation of the member's same-sex partner as the beneficiary to receive survivor benefits does not change the form or amount of a joint and survivor benefit payable to the member or allow designation of a different beneficiary to receive the joint and survivor benefit.
(f) A member of a state retirement system who has designated a same-sex partner as beneficiary under this section shall provide written confirmation of the designation, supplementing documentation provided under (c) of this section if that information has changed, upon request of and in the manner requested by the plan administrator. Failure to provide written confirmation requested by the plan administrator may result in ineligibility of the designated same-sex partner for survivor benefits.
(g) A retirement system member who enrolls a same-sex partner, or same-sex partner and eligible child under (c) of this section, in coverage under this section shall pay any premium established by the plan that the retirement system member is required to pay for comparable coverage for a spouse or spouse and dependent child.
(h) In this section, "resided together at a common primary residence" requires the member of a state retirement system and the member's same-sex partner to share the same domicile. The common primary residence can change during the 12-month period set out in (c) of this section. Once a member of a state retirement system and same-sex partner have begun to reside together at a common primary residence, absence by the retirement system member or the same-sex partner required for employment that requires periodic absence from the common primary residence, education, medical reasons, military service, or other reasons determined by the plan administrator will not result in a break in eligibility, as long as the absent retirement system member or same-sex partner intends to return to common primary residence.
The two November 2006 effective dates for the provisions of 2 AAC 38.070 were established by the Alaska Supreme Court in its order of December 19, 2006 in State of Alaska v. Alaska Civil Liberties Union, et al (Supreme Court No. S-12480) 159 P.3d 513. 2 AAC 38.070 first appeared in print in the Alaska Administrative Code in Register 181, April 2007.
Authority: AS 14.25.005
AS 22.25.027
AS 39.35.005
Former AS 39.37.090