45-28A-42.54
Section 45-28A-42.54 Management and control of retirement fund. (a) The board of trustees of
the policemen's and firemen's retirement fund is hereby declared to be the trustee of the
policemen's and firemen's retirement fund and shall have the exclusive management and control
thereof, and all matters legitimately connected therewith. The board of trustees shall have
the power to recommend such rules and regulations as may be necessary to enable it to effectively
and properly to carry into execution the purposes for which it was organized and created,
and to enable it properly to manage and conduct the business entrusted to it, provided such
rules and regulations shall in no way contravene this subpart; and provided further that such
rules and regulations so recommended shall not become effective until written notice of such
recommendations is posted in all police and fire stations of the city, and after 10 days'
notice thereof, an election is held in each of the departments, in which...
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45-28A-42.62
Section 45-28A-42.62 Increase in retirement benefits. In addition to the retirement benefits
provided for herein, the board of trustees of the policemen's and firemen's pension fund shall
have the authority, upon the vote of six of the seven trustees, to grant an increase in retirement
benefits up to a maximum of 20 percent of any increase in salary afforded active members of
the police or fire departments. (Act 80-442, p. 674, §14.)...
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45-37A-51.161
Section 45-37A-51.161 Exception to general rule. (a) Anything herein to the contrary notwithstanding,
no member of the pension system provided by the following legislation, if such legislation
is applicable to the city, shall be a member of the system: (1) The Policemen's Pension and
Relief Plan provided by Act 502 of the 1923 Session of the Legislature of Alabama, as amended
or codified. (2) The Firemen's Pension and Relief Plan provided by Act 307 of the 1943 Session
of the Legislature of Alabama, as amended (Acts 1943, p. 264). (3) The Limited Policemen's
Retirement and Relief System provided by Act 470 of the 1955 Regular Session of the Legislature
of Alabama, as amended (Acts 1955, p. 1067). (4) Limited Firemen's Pension and Relief System
provided by Act 217 of the 1966 Special Session of the Legislature of Alabama, as amended
(Acts 1966, p. 280). (b) No person who may enter the service on or after September 19, 1939,
whether in the police or fire department or not, shall become a...
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45-37A-51.12
Section 45-37A-51.12 Refund of contributions for certain participants. It is hereby provided
that the provisions of those sections of Act 929 as amended by Act 1272, 1973 Regular Session
(Acts 1973, p. 2141), hereinafter in this section specified shall apply (except as hereinafter
provided) to the supplemental pension system in the same manner in which the same provisions
of the sections hereinafter specified apply to the general retirement and relief system established
by Act 929. The sections of Act 929 (including any amendments thereof heretofore made) which
shall apply to this supplemental pension system are the following sections of Act 929: Article
VI, Section 16 (entitled Termination of Employment Ineligibility - Return of Contributions);
Section 17 (entitled Payment of Return of Contributions); Section 18 (entitled Designation
of Severance Beneficiary); Article V, Section 6 (entitled Refund of Erroneous Contributions);
Article VII, Section 1 (entitled Liabilities of Employee...
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45-28A-42.76
Section 45-28A-42.76 Participation in Employees' Retirement System. (a) The City Council of
the City of Gadsden, Alabama, and the Board of Trustees of the Policemen's and Firemen's Retirement
Fund of the City of Gadsden may elect by resolution to have the employees of the fire and
police departments of Gadsden participate as a local unit in the Employees' Retirement System
and to transfer to that system all assets and liabilities of the fund and any other funding
required by the Employees' Retirement System for such participation pursuant to Section 36-27-6.
(b) Upon the date of acceptance by the Employees' Retirement System of the members of the
Policemen's and Firemen's Retirement System of the City of Gadsden as members of the Employees'
Retirement System, any provisions of Sections 45-28A-42.50 to 45-28A-42.75, inclusive, relating
to the establishment of a Policemen's and Firemen's Retirement Fund of the City of Gadsden,
which are in conflict with Section 36-27-6, are hereby...
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45-28A-42.56
Section 45-28A-42.56 Recordkeeping. The board of trustees or custodian of funds designated
by the board shall make a monthly report to the governing body of the city employing such
policemen and firemen concerning the condition of such policemen's and firemen's retirement
fund. The board of trustees shall keep minutes of every meeting in a well bound book designed
for that purpose which minute book shall be available to any contributing member of the police
department or fire department on his or her request. Each six months the board of trustees
shall post in a conspicuous place in each police station and each fire station in the city
a statement itemizing all receipts, disbursements, expenditures, and pensions paid by the
board for the preceding six months' period, stating in detail the source of such receipts,
and to whom all such expenditures, disbursements, and pension payments were made, together
with the amount of each. All such records shall be available to any contributing...
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45-28A-42.55
fund; investment. (a) The policemen's and firemen's retirement fund shall consist of the following:
(1) All of the money, securities, and things of value belonging to any similar fund that may
now or hereafter be maintained in the City of Gadsden. (2) All monies or properties that may
be given or donated to the fund by any persons, firm, association, or corporation for the
uses and purposes for which the fund is created; and the board may take, by gift, grant, devise,
or bequest, any money, personal property, real estate, or any interest therein, or
any right of property, for the benefit of the fund. (3) All reward money paid to any member
of the police and fire departments of the city shall be paid by the recipients of the same
into the retirement fund promptly upon receipt of the same. (4) All civil or criminal witness
fees received by any member of the police and fire departments for attendance at or before
any court or grand jury in Etowah County wherein the city employing them is...
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45-37A-51.05
Section 45-37A-51.05 Retirement and relief fund. (a) For the purpose of the deductions from
salary provided for in this section, the salary of a fireman or policeman shall be deemed
to be the same as his or her salary is for the purpose of payroll deductions provided for
in Section 9 of Act 929. (b)(1) At the end of each payroll period after the effective date
of this subpart, the City of Birmingham shall deduct from the salary of each firefighter police
officer who commenced service on or after May 2, 1978, an amount equal to three and 30/100
percent of his or her salary plus an actuarially determined amount to cover one-half of the
cost of providing a retirement benefit after 20 years of credited service. This amount shall
not exceed the amount necessary to fund the additional cost over a period of 30 years, and
shall be deposited into the supplemental pension system; provided, however, the city shall
not make any such deduction from the salary of any firefighter or police officer...
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45-37A-51.11
or police officer who has not executed within the time hereinafter specified an instrument
which shall provide that in the event of his or her death the board of managers of this supplemental
pension system shall receive the return of any contributions made by him or her to this supplemental
pension system and to the general retirement and relief system created by Act 929, which if
he or she had not executed the instrument would be returnable to his or her severance nominee,
his or her personal representative, his or her spouse, children, father, mother, sisters
or brothers of the deceased, or to any other person. (2) To render this section applicable,
firefighters and police officers who have accumulated as much as five years of credited service
under Act 929 may execute the instrument at any time within 90 days from the date on which
this subsection becomes effective; and firefighters or police officers who have not accumulated
as much as five years of credited service on the...
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45-37A-51.04
Section 45-37A-51.04 Membership. (a) The following shall be members of the supplemental pension
system hereby created: Members of the fire department or police department of the city who
belong to the general retirement and relief system, created by Act 929 on whose account the
city makes no contribution or pays no tax, to the United States of America under the federal
Social Security Act. (b) As used in this subpart these terms have the meanings here given
them: (1) ACT 556 CREDITABLE SERVICE. A member's service with the city during the period while
the salary deductions of Section 45-37A-51.05 applied to him or her and also his or her service
with the city during any period while salary deductions did not apply to him or her, provided
he or she exercises the option subsection (d) or (e) accords him or her to have his or her
service during the last mentioned period counted as Act 556 creditable services. (2) BENEFIT.
A benefit payable under this subpart to a member or to any person...
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