36-27-16.1
Section 36-27-16.1 Cancellation of survivor allowance. (a) Any member of the Teachers' Retirement
System of Alabama or the Employees' Retirement System of Alabama who is retired and who has
selected a survivor option may cancel the survivor allowance payable to his designated beneficiary.
Such election shall be in accordance with the rules and regulations prescribed by the Board
of Control and once made by the member shall be irrevocable. Any member who so elects to cancel
a survivor allowance shall designate such new beneficiary as he shall nominate to receive
a pro rata payment for the number of days said member shall live during the month of his death.
Any cancellation of a survivor allowance under the provisions of this section shall be irrevocable
by the member and payment of the pro rata amount for the number of days said member lives
during the month of his death shall be in lieu of any other benefits heretofore payable under
the provisions of the teachers' retirement law or the...
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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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36-27-72
Section 36-27-72 Disqualification of credit. Anything in this division to the contrary notwithstanding,
a member of the Employees' Retirement System shall not receive credit for such service where
at the time of retirement he has credit or is entitled to any benefits whatsoever for the
same service under any other retirement or pension plan which is wholly or partly funded from
public funds; provided that nothing herein shall be construed to apply to participation in
the federal Social Security program. In the event of disqualification of such service credit,
contributions made under this division by the member shall be refunded to him. (Acts 1990,
No. 90-548, p. 853, §3.)...
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9-10A-19
Section 9-10A-19 Employees deemed members of State Retirement System. (a) Any person who is
regularly employed by a watershed management authority established pursuant to this chapter
shall be deemed to be an "employee" of the State of Alabama, as defined in Section
36-27-1. From the date he assumes his duties, any such person shall be deemed to be a "member"
of the State Employees' Retirement System, as defined in Section 36-27-4; provided that the
required contributions are made to the system. (b) Any person employed by a watershed management
authority shall become a member of the Employees' Retirement System as a condition of employment.
Deductions for retirement purposes shall be made from the salary of each employee in the manner
prescribed by law. (c) The watershed management authority shall contribute on account of the
participation of its employees the employer's contribution rate as established by the actuary
for regular employees of the state. The contribution rate so...
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36-27-31
Section 36-27-31 Compliance with qualifications standards. The Board of Control of the Employees'
Retirement System of Alabama is authorized to implement any new accounting procedures, funds,
or administrative changes and to provide for the payment of benefits to members or beneficiaries
of the retirement system as may be necessary to ensure the Employees' Retirement System of
Alabama's compliance with the qualification standards required of public pension plans by
the Internal Revenue Code of the United States. (Act 98-385, p. 732, §10(b).)...
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36-27-41
Section 36-27-41 Employees for whom system reopened; payment of contributions. (a) Any employee
who was in service on October 1, 1974, whose membership in the Employees' Retirement System
of Alabama was contingent upon his own election and who elected not to become a member, may
apply for and be admitted to membership with all prior service credit, as otherwise provided
for in Article 1 of this chapter, at any time prior to October 1, 1976; provided, that said
employee pays to the Secretary-Treasurer of the Employees' Retirement System of Alabama on
or before October 1, 1976, a sum equal to the total contributions which he would have made
as a member during his service as an employee from October 1, 1945, or the date of entry of
his employing unit, to the date of his application for membership, plus compound interest
of eight percent on such contributions. (b) Any member in service on October 1, 1974, or any
retired member of the Employees' Retirement System of Alabama, who at one time...
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36-27-55.7
Section 36-27-55.7 Purchase of credit for prior service with U. S. Department of Agriculture
Farm Service Agency. (a) Any active and contributing member of the Teachers' Retirement System
or the Employees' Retirement System who has 10 years or more of credible service in either
system may claim and purchase service credit in the system for up to 10 years of prior service
for employment as an employee with the United States Department of Agriculture Farm Service
Agency if the member complies with the conditions prescribed in subsection (b). No member
shall receive credit for any service that the member is already credited with in the system
or any other public retirement plan, with the exception of the federal Social Security program.
(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall
pay to the Secretary-Treasurer of the system, by May 23, 2013, the full actuarially determined
cost for each year of claimed service as determined by the system's...
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36-27-6.4
Section 36-27-6.4 Purchase of credit for prior service with the Oxford Emergency Medical Services,
Inc. (a) Any active and contributing member of the Oxford Emergency Medical Services, Inc.,
that participates in the Employees' Retirement System under Section 36-27-6, may purchase
prior non-qualified service for employment rendered to Oxford Emergency Medical Services before
July 14, 2009, as permitted by the IRC Section 415(n)(3)(B). Currently, under federal law
the employee must have five or more years of creditable service in the Employees' Retirement
System prior to purchasing up to five years' non-qualified service. (b) No member shall receive
credit for any service that the member is already credited with in the system or any other
public retirement plan, with the exception of the federal Social Security program. (c) Any
member who is eligible to purchase service credit shall furnish to the Secretary-Treasurer
of the Employees' Retirement System the full actuarially determined...
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12-18-14
Section 12-18-14 Compliance with qualification standards. The Board of Control of the Employees'
Retirement System of Alabama is authorized to implement any new accounting procedures, funds,
or administrative changes and to provide for the payment of benefits to members or beneficiaries
of the retirement fund as may be necessary to ensure the Judicial Retirement Fund's compliance
with the qualification standards required of public pension plans by the Internal Revenue
Code of the United States. (Act 98-385, p. 732, §10 (c).)...
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16-25-3
Section 16-25-3 Membership; membership credit for service in armed forces of United States;
deferred benefits. (a) The membership of the retirement system shall consist of the following:
All persons who shall become teachers after the date of establishment shall become members
of the retirement system as a condition of their employment. Any person who is a teacher on
the date of establishment shall become a member as of that date unless within a period of
90 days next following such teacher shall file with the Board of Control on a form prescribed
by the board a notice of his election not to be covered in the membership of the system and
a duly executed waiver of all present and prospective benefits which would otherwise inure
to him on account of his participation in the retirement system. (b) A teacher in service
on October 1, 1973, whose membership in the retirement system was contingent on his own election
and who elected not to become a member may thereafter apply for and be...
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