(a) Upon request by an affected member or beneficiary under (b) of this section, the commissioner of administration may waive an adjustment or any portion of an adjustment made under Alaska Stat. § 39.35.520 if, in the opinion of the commissioner of administration,
Terms Used In Alaska Statutes 39.35.522
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(1) the adjustment or portion of the adjustment will cause undue hardship to the member or beneficiary;(2) the adjustment was not the result of erroneous information supplied by the member or beneficiary;(3) before the adjustment was made, the member or beneficiary received confirmation from the administrator that the employee’s or beneficiary’s records were correct; and(4) the member or beneficiary had no reasonable grounds to believe the employee’s or beneficiary’s records were incorrect before the adjustment was made.(b) In order to obtain consideration of a waiver under this section, the affected member or beneficiary must appeal to the commissioner of administration in writing within 30 days after receipt of notice that the records have been adjusted.(c)[Repealed, Sec. 132 ch 9 FSSLA 2005].(d) A decision of the commissioner of administration under this section to deny a waiver under this section may be appealed to the office of administrative hearings. The office of administrative hearings may reverse the decision of the commissioner and may impose conditions on the granting of a waiver which it considers equitable. These conditions may include requiring the member or beneficiary to make additional contributions to the plan.(e)[Repealed, Sec. 132 ch 9 FSSLA 2005].(f)[Repealed, Sec. 57 ch 68 SLA 2000].(g)[Repealed, Sec. 57 ch 68 SLA 2000].
