Code of Alabama

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36-27-1
Section 36-27-1 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) RETIREMENT
SYSTEM. The Employees' Retirement System of Alabama as defined in Section 36-27-2. (2) EMPLOYEE.
Any regular employee of the State of Alabama whose salary is paid by state warrant by the
state, except a member of the Legislature of the state, a person who is covered or eligible
to be covered under the Teachers' Retirement System of Alabama or any other retirement system
to which contributions are made by the state, an elective official of the state government,
and a temporary employee or person engaged under retainer or special agreement. In all cases
of doubt the Board of Control shall determine who is an employee within the meaning of this
article. The term shall include any regular employee of the Alabama state hospitals and Partlow
State School and Hospital and the Alabama State Port Authority,...
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16-25-1
Section 16-25-1 Definitions. For the purposes of this chapter the following terms, unless a
different meaning is plainly required by the context, shall have the following respective
meanings: (1) RETIREMENT SYSTEM. The Teachers' Retirement System of Alabama as defined in
Section 16-25-2. (2) PUBLIC SCHOOL. Any day school conducted within the state under the authority
and supervision of a duly elected or appointed county or city board of education and any educational
institution supported by and under the control of the state or any private nondenominational
school operated nonprofit for the education of children of school age residing within a district
where no public school is available for the children. (3) TEACHER. Any teacher, principal,
superintendent, supervisor, college professor, administrative officer, or clerk employed in
any public school or public college within the state or employed in any private nondenominational
school operated nonprofit for the education of children of...
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36-27-13
Section 36-27-13 Granting of credit for years served as member of Legislature; maximum credit;
payment of employee's contribution; applicability of provisions of section. (a) Any person
who, as of September 20, 1971, is a regular employee of the State of Alabama and is covered
or eligible to be covered under the state Employees' Retirement System and who, prior to such
regular employment, served as a member of the Legislature shall have credited to him one year
of creditable service for each year served as such legislator not to exceed eight years; provided,
that such person shall pay into the retirement system the employee's part of the cost or contribution
based on the salary and expenses paid to such person during the time of his legislative service,
with such cost or contribution to be calculated at the percent or rate in effect on September
20, 1971. (b) This section shall apply only to those persons who, at the time of their retirement,
have 10 or more creditable years of service...
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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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36-21-189
Section 36-21-189 Retirement annuity. (a) Any member, at any time after reaching the age of
62 and completion of at least 25 years' qualified service, shall be entitled to an annuity
benefit. (b) The amount of the monthly benefit shall be determined by the board in an amount
recommended by the actuary for the fund. The benefit shall begin upon approval by the board
on the date of the member's application for the benefits on forms provided by the board, but
in no event shall the benefit begin prior to his or her termination of service as a firefighter.
The benefits shall be paid for the life of the member, except as otherwise provided in this
section. (c) Any application made pursuant to this section shall contain evidence satisfactory
to the board of the date of birth of the member. If any member receiving retirement benefits
reenters employment as a firefighter, the payment of retirement benefits shall be terminated
as long as he or she is so employed. Upon termination of his or her...
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36-27-170
Section 36-27-170 Participation in plan. (a) As governed by this subsection, there exists as
a part of this retirement system, an optional account known as the Deferred Retirement Option
Plan, which may be cited as "DROP." The purpose of DROP is to allow, contractually,
in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued
employment for a specific period of time, coupled with the deferral of receipt of a retirement
allowance until the end of such period of participation, at which time the member shall withdraw
from service. (b) Participation in DROP is an option available to any member of this retirement
system who meets all of the following: (1) Has at least 25 years of creditable service exclusive
of sick leave. (2) Is at least 55 years of age, or in the case of a state police member, is
at least 52 years of age. (3) Is eligible for service retirement. (c) An election to participate
in DROP may be made in one year increments not to exceed five...
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16-25-150
Section 16-25-150 Participation in plan. (a) As governed by this subsection, there exists as
a part of this retirement system an optional account known as the Deferred Retirement Option
Plan, which may be cited as "DROP." The purpose of DROP is to allow, contractually,
in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued
employment for a specific period of time, coupled with the deferral of receipt of a retirement
allowance until the end of the period of participation, at which time the member shall withdraw
from service. (b) Participation in DROP is an option available to any member of this retirement
system who meets all of the following requirements: (1) Has at least 25 years of creditable
service exclusive of sick leave. (2) Is at least 55 years of age. (3) Is eligible for service
retirement. (c) An election to participate in DROP may be made in one year increments not
to exceed five years, nor to be less than three years. A member may...
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36-21-70
Section 36-21-70 Retirement annuity. Any member shall, at any time after reaching the age of
52 and completion of at least 15 years' qualified service or the completion of 25 years of
qualified service, regardless of age, be entitled to an annuity benefit. The amount of the
monthly benefit shall be determined by the board of commissioners in an amount recommended
by the actuary for the fund. The benefit shall begin upon approval by the board on the date
of the member's application for the benefits on forms provided by the board, but in no event
shall the benefit begin prior to his or her termination of service as a peace officer. The
benefits shall be paid for the life of the member, except as otherwise provided in this section.
There shall accompany any application made pursuant to this section evidence satisfactory
to the board of the date of birth of the member. If any member receiving retirement benefits
reenters employment as a peace officer, as defined in Section 36-21-60, then...
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45-37A-51.162
Section 45-37A-51.162 Elected officials, appointed employees, and employees in the unclassified
service. (a) Elected officials. (1) Each officer shall be eligible to become a member of the
system by exercising the option hereby given in the manner and within the time provided for
in this subsection and not thereafter. (2) Any person who is an officer may exercise such
option within 90 days from the date upon which such person shall officially take office. (3)
An officer desiring to become a member under this subsection shall deliver to the city director
of finance, within the time above specified, a signed statement reciting that the officer
elects to become a member of the system. The election thus made shall be irrevocable. After
electing to become a member, an officer shall be subject to all burdens and entitled to all
rights attached to membership in the system, including the subjection of the officer to salary
deductions and entitlement to contributions by the city on his or her...
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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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