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It would be a lot simpler if the stupid legislature simply required 24 consecutive months of residency before qualifying for the PFD (12 to obtain citizenship, and another 12 to qualify for the PFD). This Jan. through Dec. requirement is silly and makes it unnecessarily complicated.
This is where I am coming from - threw the book out - does it say reside for the calendar year, maintain residence for the calendar year, or be a resident - which is totally different - that is why I said reside or maintain residence for 12 months - the calendar year to qualify???
OK - back to my question - the PFD book says reside (may be wrong as that is one of the few things I have thrown out) for a calendar year - I did not see resident which is a year from when you got here, everything revolves around staying in Alaska and not going some place else for what the limit is - once again residency (12 months from whatever) versus reside in AK????
That is how I understand it as well. One year after the day you arrived in the state, you become an Alaskan citizen/resident. Then you need to be an Alaskan citizen/resident from Jan. through Dec. so you can qualify for a PFD the following year.
This is where I am coming from - threw the book out - does it say reside for the calendar year, maintain residence for the calendar year, or be a resident - which is totally different - that is why I said reside or maintain residence for 12 months - the calendar year to qualify???
It is 12 consecutive months from the day you arrive to become an Alaskan resident. Then you have to be an Alaskan resident from Jan. through Dec. (one calendar year) before you qualify for a PFD.
This is what the law says, verbatum:
Quote:
AS 43.23.005. Eligibility.
(a) An individual is eligible to receive one permanent fund dividend each year in an amount to be determined under AS 43.23.025 if the individual
(1) applies to the department;
(2) is a state resident on the date of application;
(3) was a state resident during the entire qualifying year;
My understanding of the phrase "entire qualifying year" means Jan. 1st through Dec. 31st.
It is 12 consecutive months from the day you arrive to become an Alaskan resident. Then you have to be an Alaskan resident from Jan. through Dec. (one calendar year) before you qualify for a PFD.
Okay - I am corrected - thought it was physically being here for calendar year after arriving - because so much in the book talks about residing in AK rather than leaving and coming back at opportune times Doesn't really matter to me, but just wanted to clarify, Thanks peoples!!!
This is where I have a problem with the way the law was written:
Grannysroost began her Alaskan residency in August 2007, and therefore becomes an Alaskan citizen in August 2008. She wasn't an Alaskan citizen from Jan. through Jul. of 2008, so she wouldn't qualify for a PFD in 2009. HOWEVER, since the PFD checks aren't issued until October, Grannysroost will have been an Alaskan citizen for one year and two month by the time the 2009 PFD checks are issued. Since Grannysroots will have been in Alaska more than two years before the 2009 PFD checks issued, I think she should get one as well.
The qualifications should be based 12 months before the PFD check issue date, not this Jan. through Dec. nonsense. Thus, anyone who arrived in Alaska (and stayed here) before Oct. 2007 would qualify to receive a PFD check in Oct. 2009. It makes things a great deal easier.
It is 12 consecutive months from the day you arrive to become an Alaskan resident. Then you have to be an Alaskan resident from Jan. through Dec. (one calendar year) before you qualify for a PFD.
This is what the law says, verbatum:
My understanding of the phrase "entire qualifying year" means Jan. 1st through Dec. 31st.
I believe you're wrong on the time to gain residency. While the PFD and F&G require 12 months for residency, AS 01.10.055. Residency, does not:
(a) A person establishes residency in the state by being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state. (b) A person demonstrates the intent required under (a) of this section (1) by maintaining a principal place of abode in the state for at least 30 days or for a longer period if a longer period is required by law or regulation; and (2) by providing other proof of intent as may be required by law or regulation, which may include proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state. (c) A person who establishes residency in the state remains a resident during an absence from the state unless during the absence the person establishes or claims residency in another state, territory, or country, or performs other acts or is absent under circumstances that are inconsistent with the intent required under (a) of this section to remain a resident of this state.
No where is there a 12 month requirement to become a resident, so Satch and HighlandLady are currently residents.
I believe you're wrong on the time to gain residency. While the PFD and F&G require 12 months for residency, AS 01.10.055. Residency, does not:
(a) A person establishes residency in the state by being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state. (b) A person demonstrates the intent required under (a) of this section (1) by maintaining a principal place of abode in the state for at least 30 days or for a longer period if a longer period is required by law or regulation; and (2) by providing other proof of intent as may be required by law or regulation, which may include proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state. (c) A person who establishes residency in the state remains a resident during an absence from the state unless during the absence the person establishes or claims residency in another state, territory, or country, or performs other acts or is absent under circumstances that are inconsistent with the intent required under (a) of this section to remain a resident of this state.
No where is there a 12 month requirement to become a resident, so Satch and HighlandLady are currently residents.
Actually, you must already be an Alaskan resident from Jan 1st through Dec. 31st of the qualifying year in order to receive a PFD.
An Alaskan "resident" is defined by Alaska Statute 16.05.940(27) as:
Quote:
(A) a person who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country;
(B) a partnership, association, joint stock company, trust, or corporation that has its main office or headquarters in the state; a natural person who does not otherwise qualify as a resident under this paragraph may not qualify as a resident by virtue of an interest in a partnership, association, joint stock company, trust, or corporation;
(C) a member of the military service, or United States Coast Guard, who has been stationed in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made;
(D) a person who is the dependent of a resident member of the military service, or the United States Coast Guard, and who has lived in the state for the 12 consecutive months immediately preceding the time when the assertion of residence is made; or
(E) an alien who for the 12 consecutive months immediately preceding the time when the assertion of residence is made has maintained the person's domicile in the state and who is neither claiming residency in another state, territory, or country nor obtaining benefits under a claim of residency in another state, territory, or country;
Therefore, as soon as 365 days lapse while they are in Alaska they become Alaskan residents. Then they must stay in Alaska from Jan. through Dec. of the following year before they would qualify for a PFD. It is a minimum of a two year wait, assuming they originally arrived in Alaska on Jan. 1st. Typically longer, as it was in my case. I arrived in Alaska on May 4, 1991 and didn't get my first PFD check until Oct. 1994. I became an Alaskan resident on May 3, 1992, but then I had to wait for the next "entire qualifying year" before I could apply.
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Doesn't really matter to me, but just wanted to clarify, Thanks peoples!!!
(a) A person establishes residency in the state by being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state.
