Code of Alabama

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45-8A-22.118
Section 45-8A-22.118 Maximum benefits; limitations; adjustments. (a) Annual Benefit and Final
Regulations Under Internal Revenue Code Section 415. (1) Annual Benefit. For purposes of this
section, "annual benefit" means the benefit payable annually under the terms of
the plan, exclusive of any benefit not required to be considered for purposes of applying
the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight
life annuity with no ancillary benefits. If the benefit is payable in any other form, the
annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to
subsection (c). (2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding
anything in this section to the contrary, the following provisions apply beginning on or after
January 1, 1976, except as otherwise provided in this section. a. Incorporation by Reference.
The limitations, adjustments, and other requirements prescribed in the plan shall...
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16-25-43
Section 16-25-43 Persons in the Employees' Retirement System whose date of retirement is prior
to October 1, 1987 or beneficiaries of deceased members or retirees entitled to cost-of-living
increases - Additional adjustments. (a) In addition to the foregoing amount an additional
cost-of-living adjustment is provided effective October 1, 1989 as follows: (1) One dollar
per month for each year of service attained by said retiree for each retiree selecting the
maximum retirement allowance or Option 1. (2) One dollar per month for each year of service
attained by said retiree reduced by the retiree's option election factor for each retiree
selecting Options 2, 3 or 4. (3) One dollar per month for each year of service attained by
said deceased member or deceased retiree reduced by the survivor's option factor for each
beneficiary receiving monthly benefits from the Teachers' Retirement System. (b) The benefits
provided in this section are limited to those retirees and beneficiaries of...
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36-27-205
Section 36-27-205 Pensioners who retired prior to membership of employer and receiving benefits
not administered by system. Commencing October 1, 2006, any pensioner or annuitant who retired
prior to October 1, 2005, from a city, town, county, or public or quasi-public organization
of the state before the city, town, county, or public or quasi-public organization of the
state became a member of the Employees' Retirement System and is receiving a monthly benefit
not administered by the Employees' Retirement System shall receive the cost-of-living increase
of two percent in his or her gross monthly benefit which the Legislature committed to in Section
14 of Act 2005-316, plus an additional five percent increase in his or her gross monthly benefit.
The increase shall not be less than twenty-five dollars ($25) per month. The increase shall
be granted provided the city, town, county, or public or quasi-public organization of the
state elects to fund and pay the increase. (Act 2006-510, p....
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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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16-25-190
Section 16-25-190 Increase in benefits to members and beneficiaries. (a) Commencing October
1, 2005, there is provided an increase in benefits to each person currently receiving benefits
whose effective date of retirement was prior to October 1, 2004, for purposes of receiving
benefits, and to certain beneficiaries of deceased members and deceased retirees currently
receiving survivor benefits, if the effective date of retirement or death for the deceased
retiree or deceased member was prior to October 1, 2004, for purposes of receiving benefits
from the Teachers' Retirement System, a cost-of-living adjustment (COLA) of four percent of
the current gross benefit, but not less than fifteen dollars ($15) per month. (b) Any future
survivor allowance shall be adjusted as provided in the members' original option selection
for those eligible retirees who have selected a monthly survivor allowance payable to a designated
beneficiary upon the death of the retiree, or otherwise provided by law...
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36-27-139
Section 36-27-139 Pensioners who retired prior to membership of employer and receiving benefits
not administered by system. Commencing October 1, 1996, any pensioner or annuitant who retired
from a city, town, county, or public or quasi-public organization of the state before the
city, town, county, or public or quasi-public organization of the state became a member of
the Employees' Retirement System and is receiving a monthly benefit not administered by the
Employees' Retirement System shall receive a fifty dollar ($50) per month increase provided
the city, town, county, or public or quasi-public organization of the state elects to fund
the increase provided the pensioner retired prior to October 1, 1996. (Acts 1996, No. 96-572,
p. 874, §14.)...
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36-27-147
Section 36-27-147 Pensioners who retired prior to membership of employer and receiving benefits
not administered by system. Commencing October 1, 1998, any pensioner or annuitant who retired
prior to October 1, 1998, from a city, town, county, or public or quasi-public organization
of the state before the city, town, county, or public or quasi-public organization of the
state became a member of the Employees' Retirement System and is receiving a monthly benefit
not administered by the Employees' Retirement System shall receive a fifty dollar ($50) per
month increase provided the city, town, county, or public or quasi-public organization of
the state elects to fund the increase provided the pensioner retired prior to October 1, 1998.
(Act 98-272, p. 446, §8.)...
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36-27-157
Section 36-27-157 Pensioners who retired prior to membership of employer and receiving benefits
not administered by system. Commencing October 1, 2000, any pensioner or annuitant who retired
prior to October 1, 2000, from a city, town, county, or public or quasi-public organization
of the state before the city, town, county, or public or quasi-public organization of the
state became a member of the Employees' Retirement System and is receiving a monthly benefit
not administered by the Employees' Retirement System shall receive a twenty-five dollar ($25)
per month increase provided the city, town, county, or public or quasi-public organization
of the state elects to fund the increase. (Act 2000-809, p. 1921, § 8.)...
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36-27-186
Section 36-27-186 Pensioners who retired prior to membership of employer and receiving benefits
not administered by system. Commencing October 1, 2002, any pensioner or annuitant who retired
prior to October 1, 2001, from a city, town, county, or public or quasi-public organization
of the state before the city, town, county, or public or quasi-public organization of the
state became a member of the Employees' Retirement System and is receiving a monthly benefit
not administered by the Employees' Retirement System shall receive an increase of three percent
of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided
the city, town, county, or public or quasi-public organization of the state elects to fund
the increase. (Act 2002-393, p. 986, §7.)...
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36-27-19
Section 36-27-19 Increase in maximum retirement allowance of certain state, etc., employees
- 1969 10 percent increase. (a) On or after October 1, 1969, there is hereby provided to any
state employee who is receiving a retirement allowance from the Employees' Retirement System
of Alabama and who was retired prior to October 1, 1969, an increase in his maximum retirement
allowance in the amount of 10 percent, excluding those whose monthly retirement allowance
is as much as $400.00. Such increase shall be limited so as to provide not to exceed a maximum
retirement allowance of $400.00 per month. (b) On or after October 1, 1969, there is hereby
provided to any employee who was retired prior to October 1, 1969, as an employee participating
in the Employees' Retirement System of Alabama under the provisions of Section 36-27-6, an
increase in his maximum retirement allowance in the amount of 10 percent, excluding those
whose maximum retirement allowance is as much as $400.00 per month. Such...
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