(a) Except as provided in (b) - (d) of this section, public records, including electronic services and products involving public records, containing information about a person and maintained under AS 14.25, AS 22.25, AS 26.05.222 - 26.05.229, AS 39.35, or former AS 39.37 shall be kept confidential and are not subject to inspection or copying under AS 40.25.110 - 40.25.120.
(b) Records described in (a) of this section concerning a person who is a member or former member of a state retirement system who is still living may only be released to
(1) the person or the person's guardian;
(2) the person's employer or former employer;
(3) a state agency authorized to obtain confidential information;
(4) another person if the person has
(A) written authorization for release from the affected member or former member or the member's or former member's guardian; or
(B) a court order or subpoena to obtain the information.
(c) Records described in (a) of this section concerning a member or former member of a state retirement system who is deceased or a deceased member's named beneficiary may only be released to
(1) the member's named beneficiary or the beneficiary's guardian;
(2) the member's or former member's former employer;
(3) a state agency authorized to obtain confidential information;
(4) the personal representative of the member's or former member's estate;
(5) another person if the person has
(A) written authorization for release from the member or former member, the member's named beneficiary, or the personal representative of the member's or former member's estate; or
(B) a court order or subpoena to secure the information.
(d) The name and address of a living person who is a member or former member of a state retirement system may be released to a retirement organization representing persons receiving benefits under a state retirement system if the retirement organization is affiliated with an organization representing employees of the employer under AS 23.40.070 - 23.40.260 (Public Employment Relations Act).
(e) In this section, "state retirement system" means the teachers' retirement system under AS 14.25, the judicial retirement system under AS 22.25, the retirement system for members of the national guard under AS 26.05.222 - 26.05.229, the public employees' retirement system under AS 39.35, or the elected public officers retirement system under former AS 39.37.
Sec. 40.25.220. Definitions for AS 40.25.100 - 40.25.295.
In AS 40.25.100 - 40.25.295, unless the context otherwise requires,
(1) "electronic services and products" means computer-related services and products provided by a public agency, including
(A) electronic manipulation of the data contained in public records in order to tailor the data to the person's request or to develop a product that meets the person's request;
(B) duplicating public records in alternative formats not used by a public agency, providing periodic updates of an electronic file or data base, or duplicating an electronic file or data base from a geographic information system;
(C) providing on-line access to an electronic file or data base;
(D) providing information that cannot be retrieved or generated by the existing computer programs of the public agency;
(E) providing functional electronic access to the information system of the public agency; in this subparagraph, "functional access" includes the capability for alphanumeric query and printing, graphic query and plotting, nongraphic data input and analysis, and graphic data input and analysis;
(F) providing software developed by a public agency or developed by a private contractor for a public agency;
(G) generating maps or other standard or customized products from an electronic geographic information system;
(2) "public agency" means a political subdivision, department, institution, board, commission, division, authority, public corporation, council, committee, or other instrumentality of the state or a municipality; "public agency" includes the University of Alaska and the Alaska Railroad Corporation;
(3) "public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency; "public records" does not include proprietary software programs.
Section: Previous 40.25.100 40.25.105 40.25.110 40.25.115 40.25.120 40.25.121 40.25.122 40.25.123 40.25.124 40.25.125 40.25.140 40.25.151 40.25.295 NextLast modified: November 15, 2016