Code of Alabama

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36-27-12
Section 36-27-12 Transfer of service credits, etc., from Teachers' Retirement System of Alabama.
(a) Any member of the Employees' Retirement System who, not more than one year prior to becoming
a member of the employees' retirement system, was a member of the Teachers' Retirement System
of Alabama may elect to transfer to the Employees' Retirement System his service credits in
said Teachers' Retirement System, as provided in this section. (b) Any such member so desiring
to transfer such service credits shall notify the Board of Control of the Employees' Retirement
System after he becomes a member of the employees' retirement system of his election to transfer
such service credits and shall authorize transfer of the amount of his accumulated contributions
to his credit in said Teachers' Retirement System to the Annuity Savings Fund of the Employees'
Retirement System. (c) The Board of Control of the Teachers' Retirement System shall thereupon
certify to the Board of Control of the...
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36-27-194
Section 36-27-194 Pensioners who retired prior to membership of employer in system; beneficiaries.
(a) Commencing October 1, 2005, any retired employee who retired from a city, town, county,
or public or quasi-public organization of the state before the city, town, county, or public
or quasi-public organization of the state became a member of the Employees' Retirement System,
and who is receiving a monthly benefit prior to October 1, 2004, administered by the Employees'
Retirement System may receive an increase in benefits of four percent, except that no pensioner
shall receive an increase of less than fifteen dollars ($15) per month, provided the retired
employee retired prior to October 1, 2004, and the employer decides to come under the provisions
of this article and fund the increase. (b) Commencing October 1, 2005, beneficiaries of Employees'
Retirement System pensioners shall receive an increase of four percent of their gross monthly
benefit, but not less than fifteen dollars...
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36-27-21.8
Section 36-27-21.8 Cost-of-living increases to retirees of quasi-public or private hospital
which was previously public hospital. (a) The governing body of any quasi-public or private
hospital which was previously a public hospital is hereby authorized to give cost-of-living
increases to any retiree of the Employees' Retirement System who was employed by any such
hospital when it was a public hospital and who was a member of the Employees' Retirement System
pursuant to Section 36-27-6 during such employment. Such cost-of-living increases may be given
whether present employees of the quasi-public or private hospital are participating members
of the Employees' Retirement System or not. (b) The cost-of-living increases authorized by
subsection (a) of this section may be granted from any foundation or trust funds which were
established for health and related purposes from the residual earnings of hospital activities
during the time the hospital was a public facility. (Acts 1990, No....
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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, ยง10(b).)...
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36-27A-5
Section 36-27A-5 Eligibility. The PEIRAF shall be available to all public employees in the
State of Alabama who are members of the Teachers' Retirement System, the Employees' Retirement
System or the Judicial Retirement Fund. In addition, any employee of an employer eligible
to participate in the Employees' Retirement System pursuant to the provisions of Section 36-27-6,
or any public official or employee of the State of Alabama or any political subdivision thereof,
shall be eligible to participate under the provisions of this chapter. Participation in this
fund shall be on a strictly voluntary basis under such rules and regulations as shall be adopted
by the board of control and in accordance with the provisions contained in the Internal Revenue
Code as it relates to individual retirement accounts for public employees. Any person who
shall become ineligible for participation in the PEIRAF due to the termination of his employment
with an eligible employer may leave his contributions on...
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36-27-204
Section 36-27-204 Pensioners who retired prior to membership of employer in system; beneficiaries.
(a) Commencing October 1, 2006, any retired employee who retired from a city, town, county,
or public or quasi-public organization of the state before the city, town, county, or public
or quasi-public organization of the state became a member of the Employees' Retirement System,
and who is receiving a monthly benefit prior to October 1, 2005, administered by the Employees'
Retirement System may receive the cost-of-living increase of two percent in his or her gross
monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an
additional five percent increase in his or her gross monthly benefit, except that no pensioner
shall receive an increase of less than twenty-five dollars ($25) per month, provided the retired
employee retired prior to October 1, 2005, and the employer decides to come under this article
and fund the increase. (b) Commencing October 1, 2006,...
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36-27-4
Section 36-27-4 Membership - Generally; denial of membership; absence from service; military
service. (a) The membership of the retirement system shall be composed as follows: (1) All
persons who shall become employees after October 1, 1945, shall become members of the retirement
system as a condition of their employment. (2) Any person who is an employee on October 1,
1945, shall become a member as of that date unless, within a period of 90 days next following,
such employee shall file with the Board of Control on a form prescribed by the board a notice
of his or her 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 or her on
account of his or her membership in the retirement system. (3) An employee whose membership
in the retirement system is contingent on his or her own election and who elects not to become
a member may thereafter apply for and be admitted to membership...
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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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36-27-9
Section 36-27-9 Payment of member's and employer's contributions for county engineers by State
Department of Transportation. Membership payments of county engineers eligible for participation
as members of the Employees' Retirement System of Alabama under Section 36-27-4, to the extent
of the State Department of Transportation contribution to the county for the engineer's salary,
shall be made as follows: (1) The State Director of Transportation shall cause to be deducted
from the state's payment to the county for the engineer's salary the member's contribution
and employer's contribution at the rates provided by law and remit the contribution to the
Employees' Retirement System of Alabama in the same manner as for department employees. The
State Department of Transportation shall further contribute to the employing county an amount
equal to the employer's contribution for the county engineer retirement from the same funds
from which state's contribution for salary occurred, said...
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36-29-2
Section 36-29-2 State Employees' Insurance Board; procedures for election of state employee
members and retired members. The State Employees' Insurance Board shall consist of the members
of the State Personnel Board, together with the Director of Finance, the Secretary-Treasurer
of the Employees' Retirement System of Alabama, two members who are regular employees of the
state and two retirees covered under the State Employees' Health Insurance Plan who are receiving
benefits from the Employees' Retirement System of Alabama. The present ex officio officers
named shall constitute the membership of the board hereby created, and their successors in
office, by virtue of assuming such office, shall succeed to membership on the board. The two
state employee members of the board shall be elected at the regular election for officers
of the Alabama State Employees' Association as follows: At the expiration of the term of the
existing state employee members of the board one state employee member...
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