Reclaiming Tier Status
Peter Metcalfe (Jake Metcalfe’s brother) won his lawsuit against the state demonstrating that it was unconstitutional to deny him, and any state employee, access to benefits under prior tier status.
Anyone who previously worked for the State of Alaska under the Defined Benefits Plan (pre-July 27, 2005) may be eligible for reinstatement. This may also apply to present state employees who were re-employed by the state after July 27, 2005.
From the State of Alaska on this item:
The superior court heard oral argument on the remaining issues and on January 25, 2022, directed the State of Alaska [Division of Retirement and Benefits] to notify all affected members within four (4) months of their right to seek reinstatement and the procedures to do so. Notice letters to active members and letters to former members will be mailed by late May 2022. Affected members should wait until they receive their notice letter before contacting the Division.
For more information, you can visit the Alaska Retirement & Benefits (AK DRB) website: https://drb.alaska.gov/news/2021/0921-alaskasupremecourt.html
For eligible members, learn how to convert your Defined Contribution to a Defined Benefit on the AK DRB website: https://drb.alaska.gov/employee/conversionprocess.html
You can also visit the website of the *law firm that represented Peter Metcalfe in this case: https://restoremytier.com
*ASEA is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Choate Law Firm.
Members may also be interested in reading this Alaska Public Media Article for more information
What happened to HB 220?
HB220, a bill by Fairbanks Representative Grier Hopkins, would have provided Tier IV employees an option to convert from defined contribution to defined benefit (pension).
Legislation similar to this has been proposed just about every year since the State moved from Tier III to Tier IV in 2005. Rep. Hopkins’ bill got the farthest of any prior attempts, and was inches away from passing and becoming law.
In the final hours, however, there was simply not enough support (legislators willing to vote in favor) to get it over the finish line. Members that are interested in legislation like this becoming law are encouraged to continue having conversations with your Alaska State Representatives and Senators about why this option would be important to you, including how it would impact your service with the state.
If you rather ASEA collect and share your story on your behalf, either anonymously or with your information, with your permission, you can share the message you’d like to be shared on our website: https://www.afscmelocal52.org/memberstory