(a) Occupational
disability benefits cease when a member recovers from an injury or illness.
Proof of such recovery may include, among other things, medical evidence or
proof of capability to work in a comparable position offered to the member by
an employer as defined in
AS
39.35.680. A "comparable position" may
include a position that requires similar strengths and abilities to the
position held by the member at the time of termination of employment or a
position that provides compensation of 75 percent or more of the salary used to
calculate the member's Public Employees' Retirement System of Alaska (PERS)
occupational disability benefit, adjusted for inflation. The adjustment for
inflation is effective July 1 of each year and is the percentage increase in
the consumer price index for urban wage earners and clerical workers for
Anchorage, Alaska during the previous calendar year as determined by the United
States Department of Labor, Bureau of Labor Statistics.
(b) Nonoccupational disability benefits cease
when a member recovers from an injury or illness or is capable of working in
any full-time position.
(c) The
administrator may, in the administrator's discretion, require a member to
submit evidence of the member's recovery to work, including a copy of the
member's most recent federal tax return to determine if a member receiving
nonoccupational disability benefits has returned to work or a member receiving
occupational disability benefits has returned to work and is earning wages
comparable to the gross monthly compensation used to calculate the member's
occupational disability benefit.
Notes
2 AAC 35.291
Eff. 1/7/2001, Register
159; am 2/13/2004, Register 172; am/readopt 7/20/2006, Register
179
Effective 7/20/2006, Register 179, the Department of
Administration readopted
2 AAC 35.291, except for
2 AAC 35.291(a) and (b), without
change, to affirm the validity of that section following statutory amendments
made in ch. 9, FSSLA 2005. The department also amended
2 AAC 35.291(a) and (b). Chapter 9,
FSSLA 2005 eliminated the Public Employees' Retirement Board, and largely
transferred the board's authority to adopt regulations in 2 AAC 35 to the
commissioner of administration.
Even though the adoption of amendments and new sections (b)
and (c) were effective 2/13/2004, it was not published until Register 172,
January 2005.
Authority:AS
39.35.003
AS 39.35.400
AS 39.35.410
AS
39.35.890
