Code of Alabama

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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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45-37-123.100
Section 45-37-123.100 Retirement benefits. (a) Superannuation retirement benefit. (1) ELIGIBILITY.
A member shall be eligible for a superannuation retirement benefit if: a. The member has 30
or more years of paid membership time, regardless of age; b. The member has 10 or more years
of paid membership time and has attained the age of 60; or c. The member has 30 years of service,
20 years of which are paid membership time, and has attained the age of 55. (2) CALCULATION
OF BENEFIT. If a member meets the foregoing eligibility criteria, then the member shall be
eligible to retire and receive a monthly benefit for the remainder of his or her life to be
determined by the following formula: a. Two and one-half percent multiplied by the basic average
salary multiplied by the number of years of paid membership time; plus b. Five-eights of one
percent multiplied by the basic average salary multiplied by the number of years of unpaid
membership time, if applicable. (3) SEVENTY-FIVE PERCENT...
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34-22-8
Section 34-22-8 Disciplinary action; charges; hearing; judicial procedure; appeals; sanctions;
immunity of board, etc., from suit. (a) Any person, including a licensed optometrist may initiate
a charge of violation of the provisions of this chapter or a charge of misconduct by a licensed
optometrist by filing with the secretary of the board a written statement under oath of the
charge or charges against the accused. If a member of the board files a charge, the member
shall not participate in the hearing or disposition of the charge, except to the extent of
giving testimony in connection with the charge. The member filing the charge shall not be
present during the hearing or deliberation of the charge except to give testimony. A discreet
preliminary investigation into the charge or charges shall be made by the board, after which,
if the board is reasonably satisfied that the charge or charges are not frivolous, the board
shall hear the charge or charges under rules of procedure to be...
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34-8A-16
Section 34-8A-16 Disciplinary actions; discovery. (a) The board by a majority of the board
members present and voting is authorized to withhold, deny, revoke, or suspend, any license
or certificate issued or applied for in accordance with this chapter or otherwise discipline
a licensed professional counselor or associate licensed counselor upon proof by proper hearing
that the applicant, licensed professional counselor, or associate licensed counselor: (1)
Has been convicted, within or without the jurisdiction of this state, of a felony, or any
offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
(2) Has violated the current code of ethics adopted by the board. (3) Is using any narcotic
or any alcoholic beverage to an extent or in a manner dangerous to any other person or the
public, or to an extent that it impairs his or her ability to perform the work of a licensed
professional counselor or associate licensed counselor with safety to the...
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36-27-21.1
Section 36-27-21.1 Increase in maximum retirement allowance of certain state, etc., employees
- 1978 cost-of-living increase and cost-of-living increases thereafter. (a) Except as hereinafter
provided, each person having retired under the provision of statutes governing the Teachers'
Retirement System or the Employees' Retirement System of Alabama prior to October 1, 1977,
shall be entitled to receive, in addition to present benefits, a supplemental benefit in an
amount based upon his present benefits, according to the following schedule: Present Benefits
Supplemental Benefit ($ per month) ($ per month) Less than 200.00 60.00 200.00 - 299.00 40.00
300.00 - or over 30.00 (b) There is hereby appropriated from the Education Trust Fund to the
Teachers' Retirement System of Alabama the sum of $6,424,920.00 (estimated), or as much as
is necessary to carry out the provisions of this section as they relate to the Teachers' Retirement
System of Alabama, for the fiscal year beginning October 1,...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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45-37A-51.11
Section 45-37A-51.11 Death benefit for spouses and children not receiving certain benefits.
(a) The words, terms, and phrases used in this section shall have the meaning ascribed to
them by Act 929, or Section 45-37A-51.07, unless it appears from the context that a different
meaning is intended. (b)(1) This section shall not apply to any firefighter or police officer,
or to his or her spouse, child, or children, unless at the time of his or her death he or
she had accumulated at least five years' credited service under Act 929. This section shall
not apply to any firefighter 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...
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45-8A-22.112
Section 45-8A-22.112 Credit for military service. (a) Qualified Military Service. The plan
will grant continuous service in accordance with the Uniformed Services Employment and Reemployment
Rights Act of 1994 ("USERRA"), 38 U.S.C. Sections 4301 through 4333, for a participant
who is an employee immediately prior to the commencement of qualified military service, as
defined in Code Section 414(u)(5), provided such participant: (1) Provides the City of Anniston
with advance written notice of the qualified military service. (2) Has accumulated five years
or less of qualified military service while employed with the City of Anniston. (3) Returns
to work or applies for reemployment within the applicable time period specified in subsections
(b)(1) through (4). (4) Has not been separated from the qualified military service with a
disqualifying discharge or under other than honorable conditions. (b) Time frame for Reemployment.
Under USERRA, the time period in which a participant must return...
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45-8A-22.119
Section 45-8A-22.119 Death benefits. (a) Participant Death in the Line of Duty. (1) Effective
for Deaths Occurring Before October 1, 2012. a. Surviving Spouse. If a participant dies as
a result of injuries received in the line of duty and leaves a surviving spouse, the retirement
board shall direct the payment to the surviving spouse of a monthly pension equal to Option
B-100 percent joint and survivor plan, described in Section 45-8A-22.120, based on a 30-year
service retirement. b. No Surviving Spouse and Surviving Children. If a participant dies as
a result of injuries received in the line of duty and leaves no surviving spouse or the surviving
spouse should die, and if the participant leaves a surviving child or children under the age
of 18 years, then a benefit of 50 percent of the amount the participant would have been paid
under the 100 percent joint and survivor plan based on a 30-year service retirement shall
be paid to the legal guardian of the child or children then under...
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34-40-11
Section 34-40-11 Hearing upon application or filing of charges; procedure; appeal. (a) Any
person whose application for a license is denied is entitled to a hearing before the board
if the person submits a written request to the board. Proceedings for revocation or suspension
of a license shall be commenced by filing charges with the board in writing and under oath.
The charges may be made by any person or persons. The secretary shall fix a time and place
for a hearing and shall cause a written copy of the charges or reason for denial of a license,
together with a notice of the time and place fixed for hearing to be served on the applicant
requesting the hearing or the licensee against whom the charges have been filed at least 20
days prior to the date set for the hearing. Service of charges and notice of hearing may be
given by certified mail to the last known address of the licensee or applicant. At the hearing,
the applicant or licensee has the right to appear either personally or...
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