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36-27-45
Section 36-27-45 Redetermination of allowance payments due on or after October 1, 1975. All
retirement allowance payments due on or after October 1, 1975, to members of the Employees'
Retirement System of Alabama who retired prior to said date shall be redetermined as if the
provisions of this division were in effect at the time they retired; provided, that any increase
provided in the retirement allowance payment under this section for a member who retired under
the provisions of any optional benefit elected pursuant to Article 1 of this chapter shall
accrue only to the retired member, and no person designated to receive any payments after
the death of a retired member under the provisions of any such optional benefit shall receive
any increase in such payment under this section. (Acts 1975, No. 1102, p. 2173, §5.)...
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45-37-123.103
Section 45-37-123.103 Death benefits. (a) Preretirement death benefits. A vested member's beneficiary
is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED
MEMBER. If a married, active member dies, then the beneficiary may elect, on a form provided
by the pension board, to be paid in one of the following forms: a. One Hundred Percent Preretirement
Joint Survivorship Pension. If such member was eligible for a deferred retirement benefit
at the time of the member's death, then the beneficiary may elect to be paid in the form of
a 100 percent preretirement joint survivorship pension, which is a monthly annuity paid during
the beneficiary's lifetime which is equal to the actuarial equivalent of the benefits that
would have been paid to the member if, instead of dying, the member had terminated employment;
or b. Refund. The beneficiary may elect a refund of the member's employee contributions in
accordance with Section 45-37-123.104(4)b. (2) UNMARRIED...
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36-27-18
Section 36-27-18 Retirement with not less than 30 years' creditable service. (a) In addition
to any law or part of any law relating to service retirement under the Employees' Retirement
System of Alabama, any member of the Employees' Retirement System who withdraws from service
after the completion of not less than 30 years of creditable service may retire without a
reduction in retirement allowance upon written application to the Board of Control of the
Employees' Retirement System setting forth the first day of which month, not less than 30
days nor more than 90 days subsequent to the execution and filing thereof, he desires to be
retired. (b) All retirement allowance payments due on or after January 1, 1976, to members
of the Employees' Retirement System of Alabama who retired prior to said date shall be redetermined
as if the provisions of this section were in effect at the time they retired; provided, that
any increase in the retirement allowance payment for a member who retired...
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12-17-227.5
Section 12-17-227.5 (Effective November 8, 2016, subject to contingencies) Disability retirement
allowance. (a) Upon application of an active and contributing member, any such member who
has 10 or more years of membership service who becomes disabled may be retired on a disability
retirement allowance by the Board of Control not less than 30 days nor more than 90 days next
following the date of filing of such application; provided that the medical board, after a
medical examination of such member, shall certify that such individual is totally and permanently
mentally or physically incapacitated from regular and substantial gainful employment and that
such member should be retired. (b) Upon retirement for disability, the member shall receive
a service retirement allowance if he or she has attained age 62; otherwise, he or she shall
receive a disability retirement allowance which shall consist of an annuity, which shall be
the actuarial equivalent of the member's accumulated...
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12-18-155
Section 12-18-155 (Effective November 8, 2016, subject to contingencies) Disability retirement
allowance. (a) Upon application of an active and contributing member, any such member who
has 10 or more years of membership service who becomes disabled may be retired on a disability
retirement allowance by the Board of Control not less than 30 days nor more than 90 days next
following the date of filing of such application; provided that the medical board, after a
medical examination of such member, shall certify that such individual is totally and permanently
mentally or physically incapacitated from regular and substantial gainful employment and that
such member should be retired. (b) Upon retirement for disability, a member who is a clerk
shall receive a service retirement allowance if he or she has attained age 62; otherwise,
he or she shall receive a disability retirement allowance which shall consist of an annuity,
which shall be the actuarial equivalent of the member's accumulated...
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16-25-18
Section 16-25-18 Redetermination of allowances of certain retired members. (a) Any member who
retired prior to October 1, 1975 and who has served in the armed services, as described in
Section 16-25-3, shall be entitled to claim such full-time military service and to have all
retirement allowances due on or after October 1, 1975 redetermined as if the provisions of
said section, as amended, were in effect at the time such member retired; provided, that such
retired member pays into the Teachers' Retirement System, in a lump sum prior to October 1,
1976, an amount equal to four percent of the average compensation which was paid to a teacher
during each claimed year of full-time military service, plus and together therewith, eight
percent interest compounded from the last date of such claimed military service; provided
further, that such retired member shall not receive membership service credit for more than
four years of military service and shall receive no credit for military service...
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45-49A-63.63
Section 45-49A-63.63 Death. (a) If a member eligible for a retirement benefit under Section
45-49A-63.60 or a member eligible for a benefit under subsection (a) of Section 45-49A-63.62
dies prior to his or her annuity starting date, his or her eligible family members shall receive
a benefit equal to the greater of (i) the benefit they would have received had the member
met the requirements of Section 45-49A-63.60 or subsection (a) of Section 45-49A-63.62 of
the plan, as the case may be, retired, or terminated employment on the day preceding his or
her death and begun to receive his or her benefit in accordance with the 50 percent survivor's
benefit in Option 2 of Section 45-49A-63.81 or (ii) a single sum equal to the lesser of (A)
twice the member's contributions to the plan under Section 45-49A-63.102 or (B) the sum of
the member's contributions to the plan under Section 45-49A-63.102 plus five thousand dollars
($5,000). The benefit in clause (i) shall be converted to a single sum of...
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36-27-121
Section 36-27-121 Amount of increase - Persons whose employer elects to come under provisions.
(a) Commencing October 1, 1994, each person whose employer participated in the Employees'
Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes
of receiving benefits from the Employees' Retirement System is prior to October 1, 1994, and
who is receiving or is entitled to receive a monthly allowance from the Employees' Retirement
System, may receive a cost-of-living increase determined by the formula used in Section 36-27-120,
if the employer elects to come under this article. Retirees who chose Options 2, 3, or 4 shall
receive the cost-of-living increase reduced by the same percentage as the reduction which
occurred because of the option selected unless the designated beneficiary under the option
is deceased on October 1, 1994, in which case the increase shall not be reduced. Any employer
making the election to come under the article shall bear the...
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45-37-123.104
Section 45-37-123.104 Withdrawal and refund of employee contributions. The following provisions
generally govern a member's withdrawal and refund of employee contributions under the plan.
Any member who fails to make application for the amount of his or her employee contributions
pursuant to this section within five years after his or her separation from the service of
the county, except as otherwise provided herein or otherwise determined by the pension board,
shall be deemed to have forfeited and donated such employee contributions to the trust fund
pursuant to Section 45-37-123.83. The foregoing five year rule only applies to a member; in
the case of a beneficiary, the pension board may only forfeit employee contributions after
it has exhausted reasonable efforts to locate the beneficiary. (1) WITHDRAWAL OF EMPLOYEE
CONTRIBUTIONS BY MEMBERS NOT ENTITLED TO A DEFERRED RETIREMENT BENEFIT. In the event that
a member ceases to be an employee of the county for reasons other than...
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45-37-123.106
Section 45-37-123.106 Minimum distribution requirements. (a) General rules. (1) EFFECTIVE DATE.
Except as otherwise provided herein, the provisions of this section shall apply for purposes
of determining required minimum distributions for calendar years beginning on and after January
1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions required
under this section shall be determined and made in accordance with § 401(a)(9), Internal
Revenue Code, including the incidental death benefit requirement in § 401(a)(9)(G), and the
regulations thereunder. (3) PRECEDENCE. Subject to the joint and survivor annuity requirements
of the plan, the requirements of this section shall take precedence over any inconsistent
provisions of the plan. (b) Time and manner of distribution. (1) REQUIRED BEGINNING DATE.
The member's entire interest shall be distributed, or begin to be distributed, to the member
no later than the member's required beginning date. (2) DEATH OF MEMBER...
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