Code of Alabama

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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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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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36-27-158
Section 36-27-158 Eligibility of retirees; notification of increase. (a) Any city-county-public
agency employee eligible for retirement, who retires after July 1, 2000, and before October
1, 2000, shall be eligible to receive the aforementioned increase at the option of the appropriate
local government or public agency. The local government or public agency may provide for the
increase to become effective on October 1, 2000, or any October 1 thereafter, provided the
local government or public agency has approved the increase for retirees and beneficiaries
of record on the first of July 2000. (b) The Employees' Retirement System may notify the appropriate
local government or agency regarding the names and costs of granting the increase to their
employees who retire after July 1 and before October 1, 2000. (Act 2000-809, p. 1921, ยง 9.)...

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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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36-27-120
Section 36-27-120 Amount of increase - Persons other than persons whose employer participated
in Employees' Retirement System. (a) Commencing October 1, 1994, each person, except those
whose employer participated in the Employees' Retirement System pursuant to Sections 36-27-6,
36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits
from the Employees' Retirement System is prior to October 1, 1994, and who is receiving or
is entitled to receive a monthly allowance from the Employees' Retirement System, shall receive
a cost-of-living increase of not less than twenty-five dollars ($25) per month and the increase
shall be more if determined by computing the sum of the following three factors: (1) Two and
one-half (2.5) percent of the individual's current gross monthly benefit, including all previous
increases. (2) One dollar and fifty cents ($1.50) for each year of creditable service in covered
employment prior to retirement. (3) One dollar ($1) for...
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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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45-37A-51.169
Section 45-37A-51.169 Correction of errors. (a) The system shall have the authority to recalculate
benefits if a mistake in payments has occurred. If the system mistakenly sets any benefit
at an incorrect amount, it shall recalculate the benefit as soon as practicable after the
mistake is discovered. (b) If the benefit was mistakenly set too low, the system shall make
a lump sum payment to the recipient of an amount equal to the difference between the benefits
that should have been paid and those actually paid, plus interest at the rate of five percent
compounded annually per annum from the date the unpaid amounts accrued to the date of payment.
(c) If the benefit was mistakenly set too high, the system may recover the amount overpaid
from the recipient thereof, either directly or by deducting such amount from the remaining
benefits payable to the recipient. However, if the amount of benefits was mistakenly set too
high; and the error was undiscovered for three years or longer; and the...
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45-37A-51.03
Section 45-37A-51.03 Board of managers. (a)(1) In order to assure representation of all participants
of this system, there shall be a board of managers of five members for the administration,
management, and control of the supplemental pension system, including administration, management,
control, acquisition, and disbursement of the fund. The board shall consist of the president
of the governing body of the city, who shall be chair of the board, and four associate members,
designated respectively as Member No. 1, Member No. 2, Member No. 3, and Member No. 4. (2)
Member No. 1 shall be appointed by the Jefferson County Personnel Board and shall be a person
who at the time of appointment has had five or more consecutive years immediately preceding
his or her appointment and has been an officer of, or the occupant of an executive position
in insurance, actuarial, investment, banking, or as a certified public accountant and shall
serve for a term of four years. Should the appointed Member...
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45-37A-51.120
Section 45-37A-51.120 Definitions. (a) The following words, terms, and phrases, wherever used
in this subpart, including this section, shall have the meanings respectively ascribed to
them in this section, unless the context plainly indicates otherwise or that a more restricted
or extended meaning is intended: (1) ANNIVERSARY DATE. The date of establishment and the month
and day thereof annually thereafter. (2) APPOINTED EMPLOYEE. A person who holds his or her
office or position by reason of being appointed by the mayor or city council or other appointing
authority of the city; who is not a classified service employee; and who serves solely at
the pleasure of the respective appointing authority. (3) BASIC MONTHLY EARNINGS and MONTHLY
SALARY. Basic monthly compensation, exclusive of overtime or other forms of extra compensation
but including longevity pay, which shall be regarded as having been received in equal monthly
installments during each of the months prior to the accrual date...
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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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