Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 3 - Workers' Compensation
Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board
8 AAC 45.225 - Social security and pension or profit sharing plan offsets
Universal Citation: 8 AK Admin Code 8 AAC 45.225
Current through November 28, 2024
(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.
Authority:AS 23.30.005
AS 23.30.225
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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