Section 8.45.225. Social security and pension or profit sharing plan offsets.

	(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.  

Authorities

23.30.005;23.30.225

Notes

Authority

AS 23.30.005 AS 23.30.225

History

Eff. 7/2/98, Register 146