Code of Alabama

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45-37A-51.250
Section 45-37A-51.250 Pension Funding Equity Act of 2004. Solely for purposes of calculating
DROP benefits and for converting lump sum amounts for compliance with § 415, Internal Revenue
Code, if the system provides a benefit in a form that is subject to the minimum present value
requirements of § 417(e)(3), Internal Revenue Code, in a fiscal year beginning in 2004 or
2005, the actuarially equivalent straight life annuity that is used for demonstrating compliance
with § 415, Internal Revenue Code, shall be the greater of: (1) The straight life annuity
determined using the plan rate and plan mortality table and (2) the straight life annuity
determined using 5.5 percent and the applicable mortality table. A benefit is subject to the
minimum present value requirements of § 417(e)(3), Internal Revenue Code, if it is any benefit
other than a nondecreasing annuity payable for a period of not less than the life of the participant,
or, in the case of a qualified preretirement survivor...
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27-36-3
Section 27-36-3 Unearned premium reserve - Property, general casualty and surety insurance.
(a) As to insurance against loss or damage to property, except as provided in Section 27-36-4,
and as to all general casualty insurance and surety insurance, every insurer shall maintain
an unearned premium reserve on all policies in force. (b) The commissioner may require that
such reserves shall be equal to the unearned portions of the gross premiums in force after
deducting applicable reinsurance in solvent insurers as computed on each respective risk from
the policy's date of issue. If the commissioner does not so require, the portions of the gross
premium in force, less applicable reinsurance in solvent insurers, to be held as an unearned
premium reserve, shall be computed according to the following table: Term for Which Policy
Was Written Reserved for Unearned Premium 1 year or less 1/2 2 years 1st year 3/4 2nd year
1/4 3 years 1st year 5/6 2nd year 1/2 3rd year 1/6 4 years 1st year 7/8...
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27-36-1
Section 27-36-1 Liabilities generally. In any determination of the financial condition of an
insurer, capital stock and liabilities to be charged against its assets shall include: (1)
The amount of its capital stock outstanding, if any; (2) The amount, estimated consistent
with the provisions of this title, necessary to pay all of its unpaid losses and claims incurred
on or prior to the date of statement, whether reported or unreported, together with the expenses
of adjustment or settlement thereof; (3) With reference to life and disability insurance and
annuity contracts: a. The amount of reserves on life insurance policies and annuity contracts
in force, valued according to the tables of mortality, rates of interest, and methods adopted
pursuant to this title which are applicable thereto; b. Reserves for disability benefits,
for both active and disabled lives; c. Reserves for accidental death benefits; and d. Any
additional reserves which may be required by the commissioner...
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45-37-123.132
Section 45-37-123.132 Adjustments to annual benefit and limitations. (a) Adjustment if fewer
than 10 years. Effective for limitation years ending after December 31, 2001, if a member
has fewer than 10 years of participation in the plan, then the defined benefit dollar limitation
of Section 45-37-123.131(a) shall be multiplied by a fraction, the numerator of which is the
number of years, or part thereof, of participation in the plan, and the denominator of which
is 10. However, in no event shall such fraction be less than one-tenth. Notwithstanding the
foregoing, no adjustment shall be made to the defined benefit dollar limitation for a distribution
on account of a member becoming disabled by reason of personal injuries or sickness, or as
a result of the death of a member. For purposes of this subsection, a year of participation
means each accrual computation period for which the following conditions are met: The member
is credited with a period of service for benefit accrual purposes,...
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45-8A-22.118
Section 45-8A-22.118 Maximum benefits; limitations; adjustments. (a) Annual Benefit and Final
Regulations Under Internal Revenue Code Section 415. (1) Annual Benefit. For purposes of this
section, "annual benefit" means the benefit payable annually under the terms of
the plan, exclusive of any benefit not required to be considered for purposes of applying
the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight
life annuity with no ancillary benefits. If the benefit is payable in any other form, the
annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to
subsection (c). (2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding
anything in this section to the contrary, the following provisions apply beginning on or after
January 1, 1976, except as otherwise provided in this section. a. Incorporation by Reference.
The limitations, adjustments, and other requirements prescribed in the plan shall...
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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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45-37A-51.284
Section 45-37A-51.284 Actuarial assumptions. (a) Effective date. Except as provided by the
Pension Benefit Guaranty Corporation (PBGC) and the Internal Revenue Service, the limitations
of this section shall first apply in determining the amount payable to a participant having
an annuity starting date in a fiscal year beginning on or after January 1, 2008. (b) Applicable
interest rate. For purposes of the fund's provisions relating to the calculation of the present
value of a benefit payment that is subject to § 417(e), Internal Revenue Code, as well as
any other fund provision referring directly or indirectly to the applicable interest rate
or applicable mortality table used for purposes of § 417(e), Internal Revenue Code, any provision
prescribing the use of the annual rate of interest on 30-year United States Treasury securities
shall be implemented by instead using the rate of interest determined by applicable interest
rate described by § 417(e), Internal Revenue Code, after its...
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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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27-12-10
Section 27-12-10 Financial inducements to purchase insurance. (a) No person shall issue or
deliver, or permit its agents, officers, or employees to issue or deliver, agency company
stock or other capital stock, or benefit certificates or shares in any common-law corporation,
or securities, or any special or advisory board contract or other contract of any kind promising
returns and profits as an inducement to insurance. The commissioner shall refuse to issue
a certificate of authority or license to any insurer or other person that is in violation
of this section and shall revoke the certificate of authority or license of any such violating
insurer or person if such authority or license is already outstanding. (b) No person shall
issue or deliver, or permit its agents, officers, or employees to issue or deliver, in this
state, any life insurance policy or contract of annuity in which are used such words as "investment
plan," "expansion plan," "profit-sharing," "charter plan,"
"founders'...
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11-92A-23
Section 11-92A-23 Special reserve funds and applications for appropriations. (a) In addition
to all other powers at any time conferred upon an authority by law, an authority may, in connection
with the issuance of any bonds hereunder, create and establish one or more special debt service
reserve funds (a "debt service reserve fund"), and may pay or cause to be paid into
each debt service reserve fund (i) proceeds from bonds issued pursuant hereto to the extent
provided by the authority authorizing the issuance thereof; (ii) any moneys appropriated and
made available by the Legislature for the purpose of such fund; and (iii) any other moneys
that may be made available to the authority from any other source for the purpose of such
fund. All moneys held in a debt service reserve fund shall be used solely for the payment
of the principal of, premium, if any, and interest on bonds secured, in whole or in part,
by that fund when and as the same become due and payable as provided in the...
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