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45-37-123.01
Section 45-37-123.01 Definitions. For the purposes of this part, the following terms
shall have the following meanings: (1) ACT. The act adding this part, to be called the General
Retirement System for Employees of Jefferson County Act. (2) ACTIVE MEMBER. An individual
who currently is employed by the county or other entities set forth in subdivision (20) and
is making employee contributions to the system. (3) ACTUARIAL EQUIVALENT. Effective July 30,
1984, or such other dates as set forth in Exhibit A, which is maintained in the office of
the pension board, a form of benefit differing in time, period, or manner of payment from
a specific benefit provided under the plan but having the same value when computed using the
mortality tables, the interest rate, and any other assumptions last adopted by the pension
board, which assumptions shall clearly preclude any discretion in the determination of the
amount of a member's benefit. (4) ACTUARIAL GAIN. As defined in Section...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into
law and entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized
and encouraged compacts for cooperative efforts and mutual assistance in the...
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19-3D-5
Section 19-3D-5 Application; governing law. This chapter applies to a trust created
before, on, or after January 1, 2019, which: (1) has its principal place of administration
in this state, including a trust whose principal place of administration has been changed
to this state; or (2) provides by its trust instrument that it is governed by the law of this
state or is governed by the law of this state for the purpose of: (A) administration, including
administration of a trust whose governing law for purposes of administration has been changed
to the law of this state; (B) construction of terms of the trust; or (C) determining the meaning
or effect of terms of the trust. (Act 2018-519, §5.)...
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19-3B-813
Section 19-3B-813 Duty to inform and report. (a) Except as otherwise provided in Section
19-3B-603, the following rules apply: (1) A trustee shall keep the current permissible distributees
of income or principal of the trust reasonably informed about the administration of the trust
and of the material facts necessary for them to protect their interests. (2) Unless unreasonable
under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request
for information related to the administration of the trust. (b) A trustee: (1) upon request
of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
(2) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries
of the acceptance and of the trustee's name, address, and telephone number; (3) within 60
days after accepting the trusteeship of an irrevocable trust, or the date the trustee acquires
knowledge that a formerly revocable trust has become irrevocable,...
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19-3B-111
Section 19-3B-111 Nonjudicial settlement agreements. (a) For purposes of this section,
"interested persons" means persons whose consent would be required in order to achieve
a binding settlement were the settlement to be approved by the court. (b) Except as otherwise
provided in subsection (c), interested persons may enter into a binding nonjudicial settlement
agreement with respect to any matter involving a trust. (c) A nonjudicial settlement agreement
is valid only to the extent it does not violate a material purpose of the trust and includes
terms and conditions that could be properly approved by the court under this chapter or other
applicable law. (d) Matters that may be resolved by a nonjudicial settlement agreement include:
(1) the interpretation or construction of the terms of the trust; (2) the approval of a trustee's
report or accounting; (3) direction to a trustee to refrain from performing a particular act
or the grant to a trustee of any necessary or desirable power; (4)...
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19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly
provide by specific reference to this section, then a trustee may have the power to
adjust between principal and income to the extent the trustee considers necessary if (1) the
trustee invests and manages trust assets as a prudent investor; (2) the terms of the trust
describe the amount that may or must be distributed to a beneficiary by referring to the trust's
income, and (3) the trustee determines, after applying the rules in Section 19-3A-103(a),
that the trustee is unable to comply with Section 19-3A-103(b). (b) In deciding whether
and to what extent to exercise the power conferred by subsection (a), a trustee shall consider
all factors relevant to the trust and its beneficiaries, including, but not limited to: (1)
The nature, purpose, and expected duration of the trust; (2) The intent of the settlor; (3)
The identity and circumstances of the beneficiaries; (4) The needs for liquidity for the...
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19-3B-203
Section 19-3B-203 Subject matter jurisdiction. (a) Except as provided in subsection
(b), the circuit court has exclusive jurisdiction of proceedings in this state brought by
a trustee or beneficiary concerning the administration of a trust. (b) A probate court granted
statutory equitable jurisdiction has concurrent jurisdiction with the circuit court in any
proceeding involving a testamentary or inter vivos trust. (Act 2006-216, p. 314, §1.)...
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19-3D-13
Section 19-3D-13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TRUST
FOR BENEFICIARY WITH DISABILITY. (a) In this section the following terms have the following
meanings: (1) BENEFICIARY WITH A DISABILITY. A beneficiary of a first trust who the authorized
fiduciary believes may qualify for governmental benefits based on disability, whether or not
the beneficiary currently receives those benefits or is an individual who has been adjudicated
incompetent or incapacitated. (2) GOVERNMENTAL BENEFITS. Financial aid or services from a
state, federal, or other public agency. (3) SPECIAL-NEEDS FIDUCIARY. With respect to a trust
that has a beneficiary with a disability: (A) a trustee or other fiduciary, other than a settlor,
that has discretion to distribute part or all of the principal of a first trust to one or
more current beneficiaries; (B) if no trustee or fiduciary has discretion under...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in
a trusteeship occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a
person designated as trustee cannot be identified or does not exist; (3) a trustee resigns;
(4) a trustee is disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator
is appointed for an individual serving as trustee. (b) If one or more co-trustees remain in
office, then a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must
be filled if the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable
trust that is required to be filled must be filled in the following order of priority: (1)
by a person designated in the terms of the trust to act as successor trustee; (2) by a person
appointed by unanimous agreement of the adult qualified beneficiaries and any entity which
is a qualified beneficiary; or (3) by a person appointed by the court. (d) A...
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