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45-37A-51.09
Section 45-37A-51.09 Compensation limits; forfeitures; required minimum. (a) Compensation in
excess of one hundred sixty thousand dollars ($160,000), or such other amount provided in
the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall be
adjusted for increases in the cost-of-living in accordance with Section 401(a)(17)(B), except
that the dollar increase in effect on January 1 of any calendar year shall be effective for
the fiscal years beginning with or within such calendar year. If compensation for any prior
determination period is taken into account in determining a participant member's benefits
for the current fiscal year, the compensation for such prior determination period is subject
to the applicable annual compensation limit in effect for that prior period. (b) Notwithstanding
the foregoing and to the extent applicable to governmental plans as such are defined in Section
414(d) of the Internal Revenue Code of 1986, as amended, in no event may...
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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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16-25-21
Section 16-25-21 Method of financing. Effective October 1, 1997, all the assets of the retirement
system shall be credited according to the purpose for which they are held among three funds,
namely: The Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The
operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued
as of such date, the balance of the former Pension Reserve Fund shall be transferred to the
Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be transferred
to the Pension Accumulation Fund. (1) The Annuity Savings Fund shall be a fund in which shall
be accumulated contributions from the compensation of members to provide for their annuities.
Contributions to and payments from the Annuity Savings Fund shall be made as follows: a. Each
employer shall cause to be deducted from the salary of each member on each and every payroll
of such employer for each and every payroll period five...
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36-27-24
Section 36-27-24 Funds for assets of retirement system - Creation; composition; disposition
of funds; appropriations. (a) Effective October 1, 1997, all the assets of the retirement
system shall be credited according to the purpose for which they are held among three funds,
namely, the Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The
operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued
as of such date and the balance of the former Pension Reserve Fund shall be transferred to
the Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be
transferred to the Pension Accumulation Fund. (b) Annuity Savings Fund. The Annuity Savings
Fund shall be a fund in which shall be accumulated contributions from the compensation of
members to provide for their annuities. Contributions to and payments from the Annuity Savings
Fund shall be made as follows: Effective October 1, 1971, each employer shall...
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36-27-6
Section 36-27-6 Participation of employees of counties, cities, towns, public or quasi-public
organizations, etc. - Generally. (a) The governing board of any county, city, town or public
or quasi-public organization of the state or of any political subdivision thereof or the Alabama
Extension Service and Agricultural Experiment Station System of Auburn University may, by
resolution legally adopted to conform to rules prescribed by the Board of Control, elect to
have its officers and employees from whatever sources and in whatever manner paid become eligible
to participate in the retirement system; and the Adjutant General of the state, with the approval
of the Governor, may, by application properly prepared and submitted in conformity with rules
prescribed by the Board of Control, elect to have those employees of the Alabama National
Guard employed pursuant to 32 U.S.C.A., Section 709, and paid from federally appropriated
funds, become eligible to participate in this retirement system....
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40-18-1
Section 40-18-1 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) ADVANCED FOSSIL-BASED GENERATION. The
production of electricity from fossil-based generation with the use of technology or efficiency
improvements to control or reduce carbon emissions, including but not limited to, technologies
described in 26 U.S.C. § 48A(f), as such provision existed on December 31, 2007. (2) ALTERNATIVE
ENERGY RESOURCES. Coal gasification or liquefaction, nuclear, and advanced fossil-based generation.
(3) BIOMASS. Animals and plants, and the waste, by-products, or derivatives of either, including,
but not limited to, the materials described in 26 U.S.C. §§ 45(c)(2), 45(c)(3), 45K(c)(3),
or 48B(c)(4). (4) BUSINESS TRUST. Any entity which is a business trust for federal income
tax purposes. (5) CAPTIVE REIT. Any REIT whose shares or certificates of beneficial interest
are not regularly traded on an established...
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45-8A-22.127
Section 45-8A-22.127 Exclusive use of assets of the trust; vesting; forfeitures. (a) Trust
Assets May Not Be Diverted. The assets of the trust shall be held for the exclusive benefit
of the participants and their beneficiaries. It shall not be possible for any part of the
corpus or income of the trust or any funds contributed thereto to be used for, or diverted
to, purposes other than the exclusive benefit of such participants or their beneficiaries,
whether by operation or natural termination of the trust, by power of revocation or amendment,
by the happening of a contingency, by collateral arrangement, or by other means. No benefits
payable as set forth in the plan shall be assignable or be subject to execution, levy, attachment,
garnishment, or other legal process. Accordingly, the plan shall not recognize any domestic
relations order attempting to provide a participant's benefits, or any portion thereof, to
an alternate payee. (b) Vesting. The retirement benefit earned by a...
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12-18-58
Section 12-18-58 Judges' retirement benefits. The annual retirement benefit payable to a judge
retiring pursuant to subdivisions (2) through (5) of subsection (a) of Section 12-18-55 shall
be 75 percent of the salary payable by the state to district judges on the date such judge
retires. Retired district judges shall also be entitled to receive cost-of-living increases
in their retirement pay equal to any cost-of-living increment received by retired state employees
from the State Employees' Retirement System, as provided by the Legislature from time to time.
District judges retirement benefits shall be payable monthly for the life of the beneficiary
and shall not be subject to writs of attachment or garnishment. (Acts 1975, No. 1205, p. 2384,
§4-122; Acts 1988, No. 88-164, p. 264, §2.)...
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36-21-195
Section 36-21-195 Effect of modifications; coverage for retired members upon return to active
service. (a) All rights, annuities, and benefits provided herein shall be subject to future
change by the Legislature, and subject to future changes or revisions as provided in this
article, and no current or future member or beneficiary shall be deemed to have any vested
right in the fund or to any annuity or benefit provided in this article. However, when the
board has approved a member's application for a retirement annuity or benefit and the member
has actually received benefits pursuant to the board's determination for a period of two years,
then the board's determination as to the member's years of qualified service shall be conclusive,
and the board shall not thereafter arrive at a different determination except in the case
of fraud or misrepresentation of any fact by the applicant. (b) Any member who is receiving
retirement benefits and returns to active fire fighting shall be covered...
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