Unions Sue Alaska Governor Over Vacant Public Pension Board Seats

The Alaska AFL-CIO, NEA-Alaska and five individual plaintiffs sued Gov. Mike Dunleavy in Anchorage Superior Court, asking a judge to require him to fill two vacant seats on the Alaska Retirement Management Board.

The complaint was filed Wednesday, July 15, 2026, and publicly reported July 21. The seats, designated for public employees and teachers, have been vacant since March 1. The plaintiffs say the unions submitted nominee lists to the governor on Dec. 1, 2025, before the prior terms expired.

The requested remedy is a court order requiring the governor to make the appointments. The case is still pending; it is not a final judgment, injunction or appointment order.

Why the board matters

The Alaska Retirement Management Board serves as fiduciary for the assets of the state’s retirement systems, the State of Alaska Supplemental Annuity Plan, the deferred compensation program for state employees and Alaska retiree health care trusts.

The board consists of nine trustees, including members of the Public Employees’ Retirement System and the Teachers’ Retirement System. June 2026 board materials described approximately $49 billion in public retirement assets and roughly 130,000 current and future beneficiaries. Those figures are estimates reported in the board packets, not a new appropriation, funding commitment or change in benefits.

The dispute concerns who represents public employees and teachers in the board’s governance. The records reviewed do not establish that pension payments, investments or benefits have been disrupted.

What the law says

Alaska law provides that a vacancy on the board of trustees “shall be promptly filled.” The statute also sets out the board’s nine-member structure and the seats associated with PERS and TRS members.

The statute does not set a numeric deadline for an appointment. The plaintiffs argue that the governor has not complied with the prompt-filling requirement after receiving nominee lists months before the seats became vacant. No court has yet ruled that Dunleavy violated the statute.

The complaint was filed against Dunleavy in Anchorage Superior Court. The plaintiffs are the Alaska AFL-CIO, NEA-Alaska and five individual public employees or teachers identified in the filing.

The administration’s constitutional concern

In response to a late-May warning letter from the unions, Stephen Cox, now serving as counsel to the governor, said the union-designated appointment rules warrant further analysis because they could encroach on the governor’s constitutional appointment authority.

Cox said the governor would request a formal legal opinion from acting Attorney General Cori Mills. That is the administration’s legal position or concern, not an established constitutional conflict or court finding.

The governor’s communications director said the administration does not comment on lawsuits. The Alaska Department of Law did not respond to the Alaska Beacon’s request for comment before the July 21 report was published.

The board can still act with a quorum

The two vacancies have not automatically prevented the board from operating. Under the Alaska statutes, a vacancy does not impair the authority of a quorum, and five trustees constitute a quorum.

Two board meetings had taken place without representatives for the unions’ designated seats as of the July 21 report. The operational question is separate from the representation question: the board may continue conducting business if it has the required quorum, while the lawsuit challenges the continued absence of the two trustees.

What happens next

The immediate next step is court proceedings in Anchorage Superior Court. The administration’s promised legal review, any formal opinion from Mills, and any decision to appoint nominees while the case is pending could affect the dispute.

As of July 31, the official board page still listed a Strategic Review and Action Committee meeting for Monday, Aug. 3, 2026. The materials reviewed for this update did not identify an appointment or court ruling that changed the status of the two seats.

Sources

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