Code of Alabama

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36-27-6.5
Section 36-27-6.5 Employers authorized to provide Tier I retirement benefits to Tier II plan
members. (a) Any employer participating in the Employees' Retirement System of Alabama pursuant
to Section 36-27-6, may, by adoption of a resolution by May 8, 2021, elect to provide to its
Tier II plan members the same retirement benefits provided to Tier I plan members. Provided,
however, the Employees' Retirement System Board of Control, based on a staff review of the
historical compliance with ERS requirements as well as the financial stability of the local
government entity, may elect to deny the election authorized herein. The local entity may
petition the Board of Control for a reconsideration of its action by May 8, 2021. The election
shall be irrevocable and shall be effective at the beginning of the fiscal year following
the date the resolution is received by the ERS. (b) Any employer that has not increased the
Tier I member contribution rates as provided in Act 2011-676 shall develop...
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12-18-51
Section 12-18-51 Right of election of judges of county courts or full-time municipal court
judges entitled to receive commissions as district judges to come under provisions of Article
1 of chapter; filing of notice of election with Clerk of Supreme Court, Secretary-Treasurer
of Judicial Retirement Fund and governing body of county or municipality; applicability of
provisions of Article 1 of chapter to district court judges elected or appointed to office
after October 10, 1975. (a) Each judge of a county court or full-time municipal court judge
entitled to receive a commission as a district judge pursuant to the Constitution shall have
a right to elect to come under the provisions of Article 1 of this chapter in accord with
the provisions of this article, but a full-time municipal court judge shall not be entitled
to credit to determine eligibility for retirement under Section 12-18-55 for any service prior
to such election. (b) Such election shall be made by written notice filed...
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12-18-84
Section 12-18-84 Eligibility for retirement. Any probate judge serving on December 27, 1973,
who elects to become a member of the retirement fund hereby established, and any probate judge
assuming such office after October 1, 1976, may elect to be retired pursuant to this article
if he or she qualifies under any one of the following: (1) Has served as much as five years
as a probate judge and has become permanently, physically or mentally unable to carry out
his or her duties on a full-time basis, proof of such disability being made by certificate
of three reputable physicians; (2) Has served as much as 12 years as a probate judge and has
reached or passed the age of 65 years; (3) Has served as much as 15 years as probate judge
and is not less than 62 years of age or has served as such for more than 15 years and has
attained age 62, less one year for each year of service in excess of 15; provided, that such
probate judge shall have attained not less than 60 years of age; (4) Has served...
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12-18-156
Section 12-18-156 Payments from plan; optional allowances; replacement beneficiaries. (a) Should
a member cease to be a judge or clerk except by death or by retirement under the provisions
of this article, the contributions standing to the credit of his or her individual account
in the fund shall be paid to him or her upon demand and, in addition to such payment, there
shall be paid five-tenths of the interest accumulations standing to the credit of his or her
individual account if he or she shall have not less than three but less than 16 years of membership
service, six-tenths of such interest accumulations if he or she shall have not less than 16
but less than 21 years of membership service, seven-tenths of such interest accumulations
if he or she shall have not less than 21 but less than 26 years of membership service and
eight-tenths of such interest accumulations if he or she shall have not less than 26 years
of membership service. (b) In case of the death of a member eligible for...
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45-37A-51.243
Section 45-37A-51.243 Supplemental benefit. (a) In addition to the benefits described herein
for normal retirement, ordinary disability, and extraordinary disability, every participant
retired from city service or receiving a disability benefit immediately following having been
in the city service, which participant did not have active city service after July 1, 1989,
did not retire after July 1, 1990, or did not otherwise become eligible for a benefit calculated
at 2.25 percent, per year after July 1, 1990, shall have received after three years of retirement
or disability under this system an increase in monthly benefit in the amount of one hundred
fifty dollars ($150). Present and future surviving spouses or the survivors of the retirees,
who are not entitled to the 2.25 percent of the final average salary, shall have received
a monthly benefit increase in the amount of the percent of the one hundred fifty dollars ($150)
the surviving spouse or the survivor would normally be entitled...
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45-8A-22.119
the plan pursuant to Section 45-8A-22.117, into the trust to a beneficiary who has been designated
by the participant, in writing, executed by the participant on a form prescribed by the retirement
board and delivered to the secretary-treasurer. In the event that the participant has not
designated a beneficiary, the retirement board shall, upon demand, pay the lump sum equal
to the deceased participant's contributions made to the plan pursuant to Section 45-8A-22.117,
into the trust to the personal representative of the estate of the deceased participant.
Any amounts received by the participant in his or her lifetime or by his or her surviving
spouse or children following the death of the participant shall be deducted from the amount
payable to the beneficiary properly designated by the participant or to the estate of the
deceased participant pursuant to the terms of the plan. Any attempt to designate a beneficiary
pursuant to the terms of this subsection not in compliance with the...
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36-21-192
Section 36-21-192 Appointment of actuary; action upon report; liability for deficiency in payments.
(a) The board shall appoint and employ an actuary to make an actuarial valuation every three
years or earlier, if deemed required, of the receipts and income accruing to the fund based
on age, expected mortality, disability, and retirement status of the members and the qualified
service and membership service of members and to determine what percentage of the proposed
payments, annuities, and benefits set forth in this article may be paid if the fund is to
be kept on an actuarially sound and solvent basis. Upon receipt of the report of the actuary,
the executive director shall present it to a meeting of the board which shall make adjustments
of annuities and benefits, up or down, as recommended by the actuary. Any increase or reduction
in benefits resulting from any actuarial study or from any subsequent amendment of this article
shall be applicable to all persons then receiving such...
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36-21-73
Section 36-21-73 Appointment of actuary; action upon report; liability for deficiency in payments.
The board shall have appointed and employed an actuary to make an actuarial valuation every
three years or earlier, if deemed required, of the receipts and income accruing to the fund
based on age, expected mortality, disability, and retirement status of the members and the
qualified service and membership service of members and to determine what percentage of the
proposed payments, annuities, and benefits set forth in this article may be paid if the fund
is to be kept on an actuarily sound basis and in an actuarily solvent condition. Upon receipt
of the report of the actuary, the executive director shall present it to a meeting of the
board which shall have the power and shall be required to make adjustments of annuities and
benefits, up or down, as are recommended by the actuary. Any increase or reduction in benefits
resulting from any actuarial study or from any subsequent amendment of...
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36-27D-1
Section 36-27D-1 Forfeiture or suspension of retirement benefits; refunds; liability. (a) On
and after May 15, 2012, any person who is an active or inactive member of the Employees' Retirement
System, the Teachers' Retirement System, or the Judicial Retirement Fund who has an accrued
benefit shall forfeit retirement benefits upon a guilty plea, a plea of no contest, or a final
conviction of a felony offense if that offense is related to or arises out of, or in connection
with, his or her service in that public position, as declared by the presiding judge of the
court in a United States federal court, an Alabama court, or the court of any other state
of the United States, and the person shall be entitled to a refund of his or her retirement
contributions and applicable interest. (b) A retired member receiving benefits, upon such
a plea or conviction, shall have his or her retirement benefit suspended. In the event a retired
member receiving benefits has not received retirement benefits...
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45-45-81.90
Section 45-45-81.90 Retirement compensation. (a) Any circuit judge or retired circuit judge
in the Twenty-third Judicial Circuit shall have the right of election to come under this section.
Any judge who elects to make the contributions provided in subsection (b) shall upon retirement
be entitled to receive as additional compensation payable from the treasury of the county,
for each year of service for which he or she is given credit toward retirement under the State
of Alabama Judicial Retirement System, a sum equal to 2.222 percent of the compensation paid
the judge by the State of Alabama. (b) A circuit judge or retired circuit judge in the Twenty-third
Judicial Circuit may elect to participate in the retirement benefits provided in subsection
(a) by filing with the clerk of the circuit court and with the chair of the county commission
or county treasurer of the county wherein such circuit is located a written instrument declaring
his or her election to so participate and...
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