important INFORMATION ABOUT ONGOING ALASKA PUBLIC EMPLOYEEs' RETIREMENT SYSTEM (PERS) AND TEACHERS' RETIREMENT SYSTEM (TRS) LITIGATION
A MAJOR VICTORY
On April 2, 2021, the Alaska Supreme Court issued a decision finding that the State of Alaska violated Article XII, Section 7 of the Alaska Constitution when it repealed the PERS and TRS statutes allowing for reinstatement at a prior tier level of refunded former members of those systems. This is an important affirmation of the protection provided by the Alaska Constitution of the benefits promised by our public retirement systems.
If you are a former member of PERS or TRS who left public employment and took a refund of your PERS or TRS contributions this decision will likely restore your ability to be reinstated at your prior PERS or TRS tier level. Similarly, if you are a current Alaska public employee who had a higher PERS or TRS tier level in the past, but returned to public employment after 2010 and now have a lower tier level, this decision will likely restore your ability to be reinstated at your prior PERS or TRS tier level. However, please see below:
It is important to note that although the Alaska Supreme Court has found that the repeal was unconstitutional as applied to the members of the class, there will be further proceedings before the trial court applying the Supreme Court’s decision. Thus, although reinstatement may become available in the near future, it is possible the State will not allow for reinstatement until the trial court has issued a final order and judgment.
We are attempting to identify as many people as possible who may be affected by this decision to make sure they can be notified of their rights. Please note that by filling out this form you are giving the Choate Law Firm permission to contact you regarding this case. Your information will be kept confidential.