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27-34-27
Section 27-34-27 Exemption of benefits, etc., from attachment, garnishment, or other process.
No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any
society shall be liable to attachment, garnishment, or other process or to be seized, taken,
appropriated, or applied by any legal or equitable process or operation of law to pay any
debt or liability of a member or beneficiary, or any other person who may have a right thereunder,
either before or after payment by the society. (Acts 1911, No. 476, p. 700; Acts 1971, No.
407, p. 707, §698.)...
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36-1-5
Section 36-1-5 Right to decline portion of benefit payable under retirement or pension and
relief system; disposition of amounts declined. Any person who is entitled to receive any
retirement pay or allowance, pension, survivor's benefit, disability benefit or other benefit
under any retirement system or pension and relief system established for the benefit of employees
either of the State of Alabama or any department, agency or institution thereof or of any
municipality, county or other subdivision of the state may, at such person's discretion, decline
to accept any portion of the retirement pay or allowance, pension, survivor's benefit, disability
benefit or other benefit which such person is entitled to receive. Each person wishing to
exercise the right granted in this section to decline any portion of any such payment, allowance,
pension or benefit shall file written notice thereof with the governing authority of the retirement
system or pension and relief system in such manner as...
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36-27-171
Section 36-27-171 Withdrawal from service; death of participant. (a) On withdrawing from service
pursuant to Section 36-27-16, a member who participated in DROP: (1) Who fulfilled his or
her contractual obligation pursuant to DROP shall receive a lump-sum payment from his or her
DROP account equal to the payments made to that account on his or her behalf plus interest.
Further, the member shall receive his or her accumulated contribution made during participation
in DROP, together with interest for the period of DROP participation as provided in subdivision
(1) of subsection (c) of Section 36-27-16. In lieu of a lump-sum payment from the DROP account,
to the extent eligible under applicable tax laws, the member's total accrued benefit may be
"rolled over" directly to the custodian of an eligible retirement plan. The member
shall also begin receiving his or her monthly benefit which had been paid directly into the
DROP account during his or her participation in DROP. However, if...
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40-15-18
Section 40-15-18 State and federal estate taxes to be paid out of estate property. Unless the
decedent directs otherwise in his or her will, all estate taxes, whether state or federal,
payable by reason of the death of the decedent, shall be paid by the executor or other personal
representative out of the estate property and shall be a charge against the residue thereof,
and the executor or other personal representative shall be under no duty to recover
from anyone for the benefit of the estate the pro rata portion of the estate tax attributable
to inclusion in the gross estate of any property, including proceeds of policies of insurance
upon the life of the decedent receivable by a beneficiary other than the executor or other
personal representative, which does not pass to the executor or other personal
representative as a part of the estate. This section shall apply to the estate of any decedents
who shall die on or after July 26, 1951, and before January 1, 2008, and to the estate...
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45-8A-22.103
Section 45-8A-22.103 Trustee; pensions and benefits. (a) The retirement board or the person
or entity appointed by the retirement board and named as trustee in any separate trust forming
a part of the plan shall serve as the trustee of the trust (the "trustee"). It may
adopt and enforce necessary rules and regulations to carry out the purposes of the plan and
enable it to properly manage and administer the trust, including employing investment counselors
and agents to invest and manage portions of the trust, as the retirement board may direct.
(b) When the actuary certifies that the necessary funds are available, the retirement board,
in accordance with Section 45-8A-22.101, may increase the benefits provided for retirees by
passing a written board resolution which declares that the monthly benefit paid to each retiree,
surviving spouse, or other beneficiary of the retiree shall be increased by a flat dollar
amount per month, increased by a flat dollar amount per year of active service...
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16-25-151
Section 16-25-151 Withdrawal from service; death of participant. (a) On withdrawing from service
pursuant to Section 16-25-14, a member who participated in DROP: (1) Who fulfilled his or
her contractual obligation pursuant to DROP shall receive a lump-sum payment from his or her
DROP account equal to the payments made to that account on his or her behalf plus interest.
Further, the member shall receive his or her accumulated contribution made during participation
in DROP, together with interest for the period of DROP participation as provided in subdivision
(1) of subsection (g) of Section 16-25-14. In lieu of a lump-sum payment from the DROP account,
to the extent eligible under applicable tax laws, the member's total accrued benefit may be
"rolled over" directly to the custodian of an eligible retirement plan. The member
shall also begin receiving his or her monthly benefit which had been paid directly into the
DROP account during his or her participation in DROP. However, the...
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27-15-52
Section 27-15-52 Definitions. The following terms shall have the following meanings: (1) COMMERCIALLY
REASONABLE EFFORT. The plans, processes, or procedures necessary to confirm the death of the
insured, contract owner or annuitant, or retained asset account holder against other available
records and information and, as applicable, to locate the beneficiary or beneficiaries or
other person entitled to payment pursuant to the terms of the policy or contract which have
been developed by each insurer and submitted to and approved by the department. (2) CONTRACT.
An annuity contract. The term contract shall not include an annuity used to fund an employment-based
retirement plan or program where the insurer is not committed by terms of the annuity contract
to pay death benefits to the beneficiaries of specific plan participants. (3) DEATH MASTER
FILE. The United States Social Security Administration's Death Master File or any other database
or service that is at least as comprehensive as...
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45-28A-42.59
not be sufficient money in the policemen's and firemen's retirement fund to pay each person
entitled to the benefit thereof, the full amount per month as herein provided or any time
the principal of the fund reaches an amount of seven hundred thousand dollars ($700,000) or
less, then an equal percentage of such monthly payment or payments shall be made to each beneficiary
until the fund shall be replenished to warrant the payment in full to each of the beneficiaries;
provided that the provisions of this section concerning prorated payments shall not be interpreted
to include those members drawing survivors' benefits and those members of the fund who are
100 percent disabled and have no other personal income except those benefits derived
from this subpart. The board of trustees, or insurance custodian as provided for in this subpart,
is authorized to take such action as it deems necessary periodically to determine the actuarial
status of the pension fund. (Act 80-442, p. 674, §11.)...
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45-8A-22.120
Section 45-8A-22.120 Optional benefit plans. (a) Optional Plans. Any participant terminating
service on or after January 1, 1989, pursuant to the terms of Section 45-8A-22.113, Section
45-8A-22.114, or Section 45-8A-22.116 shall, within 20 days of the effective date of termination
have the option of electing a pension plan with or without death benefits from one of the
following three optional plans: (1) Option A-Fifty Percent Joint and Survivor Plan. a. A participant
having elected Option A shall, during his or her lifetime, receive a monthly benefit from
the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116.
b. In the event that a participant dies from any cause and leaves a surviving spouse, the
retirement board shall direct the payment to the spouse of a monthly pension equal to 50 percent
of the amount of the pension being paid to the participant at the time of his or her death;
provided, however, with respect to retirements pursuant to...
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19-3A-201
Section 19-3A-201 Determination and distribution of net income. After the decedent's death,
in the case of a decedent's estate, or after an income interest in a trust ends, the following
rules apply: (a) If property is specifically given to a beneficiary by will or by trust, then
the fiduciary of the decedent's estate or of the terminating income interest shall distribute
the net income and net principal receipts to the beneficiary who is to receive the specifically
given property, subject to the following rules: (1) The net income and principal receipts
from the specifically given property are determined by including all of the amounts the fiduciary
receives or pays with respect to the specifically given property, whether such amounts accrued
or became due before, on, or after the date of the decedent's death or the date upon which
an income interest in a trust terminates, and by making a reasonable provision for amounts
that the fiduciary believes the decedent's estate or terminating...
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