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36-27-49.1
Section 36-27-49.1 Credit for military service; option must be exercised and paid before October
1, 1986. (a) Any active and contributing member of any one of the State of Alabama retirement
systems who has been such a member for six consecutive years or more or any former such member
who has vested retirement benefits may hereby claim and purchase credit in his or her respective
retirement system for up to four years' time which such member has served in the military
service of the Armed Forces of the United States exclusive of any weekend or state active
military service in any reserve or National Guard component of any branch of the armed forces,
provided said member or former member has not received credit toward retirement status in
such retirement system for said military service, and further provided that such member or
former member shall receive no credit for military service if such member or former member
is receiving military service retirement benefits other than...
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45-37-123.100
Section 45-37-123.100 Retirement benefits. (a) Superannuation retirement benefit. (1) ELIGIBILITY.
A member shall be eligible for a superannuation retirement benefit if: a. The member has 30
or more years of paid membership time, regardless of age; b. The member has 10 or more years
of paid membership time and has attained the age of 60; or c. The member has 30 years of service,
20 years of which are paid membership time, and has attained the age of 55. (2) CALCULATION
OF BENEFIT. If a member meets the foregoing eligibility criteria, then the member shall be
eligible to retire and receive a monthly benefit for the remainder of his or her life to be
determined by the following formula: a. Two and one-half percent multiplied by the basic average
salary multiplied by the number of years of paid membership time; plus b. Five-eights of one
percent multiplied by the basic average salary multiplied by the number of years of unpaid
membership time, if applicable. (3) SEVENTY-FIVE PERCENT...
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16-25-25
Section 16-25-25 Limitation on membership. No other provision of law in any other statute which
provides wholly or partly at the expense of the State of Alabama or of any political subdivision
thereof for pensions or retirement benefits for teachers of the said state, except as may
be provided by state and federal laws for coverage under the provisions of the Federal Old
Age and Survivors Insurance System of the Social Security Act, shall apply to members of the
retirement system established by this chapter; provided, that if any member who filed an enrollment
with the Board of Control on or before September 1, 1942, and who was certified to the Board
of Control as an employee of a county board of education which had a statutory pension plan
in effect on September 1, 1941, should receive upon retirement on or before July 1, 1950,
a retirement allowance less than the pension which would have been provided for him under
the local pension plan, then such member shall be eligible to...
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36-27-49
Section 36-27-49 Purchase of credit for active military service; limitations; termination date.
(a) Any active and contributing member of any one of the State of Alabama retirement systems
who has been such a member for 10 consecutive years and has not previously purchased credit
for military service with any one of the State of Alabama retirement systems may hereby claim
and purchase credit in his or her respective retirement system for up to four years' creditable
service for time which such member has served in the active full-time military service of
the Armed Forces of the United States, exclusive of any summer, weekend, or other part-time
active military service in any reserve or National Guard component of any branch of the armed
forces, provided said member has not received credit toward retirement status in such retirement
system for said military service, and further provided that such member shall receive no credit
for military service if such member is receiving military...
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45-37-123.194
Section 45-37-123.194 Prohibition against diversion of funds. (a) Except as provided below
and otherwise specifically required by law, it shall be impossible by operation of the plan
or of the trust agreement, by termination of either, by power of revocation or amendment,
by the happening of any contingency, by collateral arrangement, or by any other means, for
any part of the corpus or income of any trust fund maintained pursuant to the plan or any
funds contributed thereto to be used for, or diverted to, purposes other than the exclusive
benefit of members, former members, or their beneficiaries; and no funds of the system, whether
in cash, securities, or otherwise, nor any income or yield thereof, shall be subject to or
exacted on account of, any tax; and no retirement or disability allowance or right to return
of contributions, or other benefits payable as set forth in the plan, shall be assignable
or be subject to execution, levy, attachment, garnishment, or other legal process....
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12-18-112
Section 12-18-112 Transfer of contributions and creditable service - District judge's adjusted
benefit formulas; spouse's benefits. In the event a member of the Judicial Retirement Fund,
who is a district judge, or a surviving spouse thereof, must employ and count creditable service
transferred under this article to qualify for retirement and/or benefits under the fund, the
benefits or allowances payable to such member or spouse shall be calculated as follows, and
shall be in lieu of any and all other rights, benefits and allowances, except social security
payments: (1) The annual service allowance payable to a retiring district judge shall be an
annual amount equal to the sum of: a. The amount which results when 90 percent of the retirement
benefits payable by the state to circuit judges on the date such district judge retires (as
is provided under Section 12-18-58) is multiplied by the ratio created when the member's number
of years of creditable service, excluding transferred...
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16-25-11
Section 16-25-11 Creditable service. (a) Under such rules and regulations as the Board of Control
shall adopt, each person who was a teacher prior to October 1, 1940, and who under the provisions
of this chapter makes up contributions plus eight percent compound interest on such contributions
for the time said teacher taught as a nonmember and who becomes a member prior to October
1, 1974, shall file a detailed statement of all service as a teacher rendered by him prior
to October 1, 1940, for which he claims credit. The Board of Control shall fix and determine
by appropriate rules and regulations how much service in any year is equivalent to one year
of service, but in no case shall it allow any credit for a period of absence without pay for
more than one month's duration, nor shall more than one year of service be creditable for
all service in one calendar year. Service rendered for a regular school year shall be equivalent
to one year's service. Subject to the above restrictions and...
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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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45-37A-51.11
Section 45-37A-51.11 Death benefit for spouses and children not receiving certain benefits.
(a) The words, terms, and phrases used in this section shall have the meaning ascribed to
them by Act 929, or Section 45-37A-51.07, unless it appears from the context that a different
meaning is intended. (b)(1) This section shall not apply to any firefighter or police officer,
or to his or her spouse, child, or children, unless at the time of his or her death he or
she had accumulated at least five years' credited service under Act 929. This section shall
not apply to any firefighter or police officer who has not executed within the time hereinafter
specified an instrument which shall provide that in the event of his or her death the board
of managers of this supplemental pension system shall receive the return of any contributions
made by him or her to this supplemental pension system and to the general retirement and relief
system created by Act 929, which if he or she had not executed the...
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45-37A-51.228
Section 45-37A-51.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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