Code of Alabama

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36-27-159
Section 36-27-159 Election by local administrative unit. Any county board, department, or agency
responsible for the local administration of a program for a state board, department, or agency
affiliated with the Employees' Retirement System on October 1, 2000, may provide the cost-of-living
increase pursuant to this article to any retiree or beneficiary who retired prior to July
1, 2000, if the local administrative unit elects to fund the increase. (Act 2000-809, p. 1921,
ยง 10.)...
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36-27-8.2
Section 36-27-8.2 Performance of duties by retired persons; service in elected public office.
(a) Any person who is retired under the Employees' Retirement System may perform duties in
any capacity, including as an independent contractor, with any employer participating in the
Employees' Retirement System or the Teachers' Retirement System without suspension of his
or her retirement allowance provided that (1) the person is not employed in a permanent full-time
capacity and (2) the person's compensation from the employer in calendar year 2016 does not
exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar
year thereafter, the annual earning limit shall be increased by the same percentage increase
as the increase in the Consumer Price Index for all urban consumers as published by the U.S.
Department of Labor, Bureau of Labor Statistics. Any increase in the annual earning limit
shall be rounded to the next lowest multiple of one thousand dollars...
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16-25-5
Section 16-25-5 Transfer of membership in Employees' Retirement System of Alabama, etc., of
janitors, maids, cafeteria workers and other full-time employees in public education. (a)
The phrase "public education," as used in this section, shall be construed as meaning
and referring to any institution of learning supported wholly by public funds, regardless
of whether such institution is under the control and supervision of the State Department of
Education. (b) All janitors, maids, cafeteria workers and any other full-time employees in
public education, regardless of in what manner or on what basis paid, covered in the Employees'
Retirement System of Alabama under the provisions of Section 36-27-6 on October 1, 1975 shall
be enrolled and transferred to the Teachers' Retirement System of Alabama by their employer
with all credit as has been established in the Employees' Retirement System of Alabama. (c)
All janitors, maids, cafeteria workers and any other full-time employees in public...
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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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36-26-36.1
Section 36-26-36.1 Conversion of unused sick leave into membership service for retirement purposes.
(a) Any Tier I plan member of the Teachers' or Employees' Retirement System of Alabama not
otherwise covered by a provision to convert unused sick leave into membership service for
purposes of service retirement may, at their option and in lieu of receiving payment for 50
percent of their accrued and unused sick leave at the time of their retirement as provided
in Section 36-26-36, or any other payment that may be provided for such unused sick leave,
use their accrued sick leave, up to a maximum number of 180 accrued sick leave days or as
otherwise allowed by law, whichever is greater, to be included as membership service in determining
the total years of creditable service in the Employees' Retirement System of Alabama or the
Teachers' Retirement System of Alabama; provided that no employee of an employer participating
in the Employees' Retirement System pursuant to Section 36-27-6...
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36-27D-1
Section 36-27D-1 Forfeiture or suspension of retirement benefits; refunds; liability. (a) On
and after May 15, 2012, any person who is an active or inactive member of the Employees' Retirement
System, the Teachers' Retirement System, or the Judicial Retirement Fund who has an accrued
benefit shall forfeit retirement benefits upon a guilty plea, a plea of no contest, or a final
conviction of a felony offense if that offense is related to or arises out of, or in connection
with, his or her service in that public position, as declared by the presiding judge of the
court in a United States federal court, an Alabama court, or the court of any other state
of the United States, and the person shall be entitled to a refund of his or her retirement
contributions and applicable interest. (b) A retired member receiving benefits, upon such
a plea or conviction, shall have his or her retirement benefit suspended. In the event a retired
member receiving benefits has not received retirement benefits...
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45-37A-51.04
Section 45-37A-51.04 Membership. (a) The following shall be members of the supplemental pension
system hereby created: Members of the fire department or police department of the city who
belong to the general retirement and relief system, created by Act 929 on whose account the
city makes no contribution or pays no tax, to the United States of America under the federal
Social Security Act. (b) As used in this subpart these terms have the meanings here given
them: (1) ACT 556 CREDITABLE SERVICE. A member's service with the city during the period while
the salary deductions of Section 45-37A-51.05 applied to him or her and also his or her service
with the city during any period while salary deductions did not apply to him or her, provided
he or she exercises the option subsection (d) or (e) accords him or her to have his or her
service during the last mentioned period counted as Act 556 creditable services. (2) BENEFIT.
A benefit payable under this subpart to a member or to any person...
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45-37A-51.232
Section 45-37A-51.232 Firefighters' and police officers' supplemental pension survivors pension.
Effective as of July 1, 2002, in the event a firefighter or police officer retires under the
supplemental pension system established by Subpart 1, after having accumulated 20 years of
credited service under the system and shall die prior to the date on which the participant
would have accumulated 30 years of credited service under this system had he or she not retired
but had he or she continued in employment with the city, without interruption, as a firefighter
or police officer, the participant's survivor or survivors shall not receive any benefit therefrom.
However, should the retired firefighter or police officer die subsequent to the date on which
he or she would have accumulated 30 years of credited service hereunder, and should the retiree
or participant be survived by a spouse to whom he or she was legally married at the time of
the retiree's or participant's death, regardless of...
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16-25-26
Section 16-25-26 Performance of duties by retired persons; service in elected public office.
(a) Any person who is retired under the Teachers' Retirement System may perform duties in
any capacity, including as an independent contractor, with any employer participating in the
Employees' Retirement System or the Teachers' Retirement System without suspension of his
or her retirement allowance provided that (1) the person is not employed in a permanent full-time
capacity and (2) the person's compensation from the employer in calendar year 2016 does not
exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar
year thereafter, the annual earning limit shall be increased by the same percentage increase
as the increase in the Consumer Price Index for all urban consumers as published by the U.S.
Department of Labor, Bureau of Labor Statistics. Any increase in the annual earning limit
shall be rounded to the next lowest multiple of one thousand dollars...
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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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