Code of Alabama

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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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16-25-11.21
Section 16-25-11.21 Purchase of credit for prior service to certain institutions of higher
education. (a) Any active, vested, and contributing member of the Teachers' Retirement System
who has been employed in public education for a minimum of 10 years may claim and purchase
service credit in the system not to exceed five years for prior service between 1974 and 1989
rendered to an educational institution of higher education that receives direct appropriations
from the Education Trust Fund but does not participate in the Teachers' Retirement System.
The certification of prior service claimed under this section shall conform to applicable
administrative rules and procedures of the Teachers' Retirement System. Members shall receive
credit for the prior service when they remit to the system the contributions required by subsection
(b). No member shall receive credit for any service for which the member is already credited
within the system or any public retirement plan, with the exception...
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16-25-11.4
Section 16-25-11.4 Purchase of credit for prior service rendered as full-time employee in office
of clerk of circuit court or with Alabama State Employees Association. (a) Any acting and
contributing member of the Teachers' Retirement System of Alabama may elect to purchase credit
for prior service rendered as a full-time employee in the office of a clerk of the circuit
court in the State of Alabama or as a full-time employee with the Alabama State Employees
Association provided the member complies with the following conditions prescribed in this
section. (b) Any employee electing to purchase credit under subsection (a) of this section
shall pay to the Secretary-Treasurer of the Teachers' Retirement System within one year after
October 1, 1995, a lump sum payment equal to a percentage of the current annual salary or
final average compensation, whichever is greater, of the member. The applicable percentage
shall be the sum of the prevailing percentage rates of employer and member...
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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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36-27-80
Section 36-27-80 Amount of increase - Persons other than persons whose employer participated
in Employees' Retirement System. There is hereby provided, commencing October 1, 1988, to
each person except persons whose employer participated in the Employees' Retirement System
pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement for
purposes of receiving benefits from the Employees' Retirement System is prior to October 1,
1987, and to beneficiaries of deceased members or deceased retirees except where the deceased
member or deceased retiree retired from an employer participating in the Employees' Retirement
System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, provided the date of death for
such deceased member or the effective date of retirement for such deceased retiree for purposes
of receiving benefits from the Employees' Retirement System was prior to October 1, 1987,
and who is receiving a monthly allowance from the Employees' Retirement System...
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36-27-87
Section 36-27-87 Amount of increase - Persons other than those whose employer participated
under Sections 36-27-6, 36-27-7 or 36-27-7.1. There is hereby provided, commencing October
1, 1990, to each person except persons whose employer participated in the Employees' Retirement
System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement
for purposes of receiving benefits from the Employees' Retirement System is prior to October
1, 1989, and to beneficiaries of deceased members or deceased retirees except where the deceased
member or deceased retiree retired from an employer participating in the Employees' Retirement
System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, provided the date of death for
such deceased member or the effective date of retirement for such deceased retiree for purposes
of receiving benefits from the Employees' Retirement System was prior to October 1, 1989,
and who is receiving a monthly allowance from the Employees'...
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45-37A-51.162
Section 45-37A-51.162 Elected officials, appointed employees, and employees in the unclassified
service. (a) Elected officials. (1) Each officer shall be eligible to become a member of the
system by exercising the option hereby given in the manner and within the time provided for
in this subsection and not thereafter. (2) Any person who is an officer may exercise such
option within 90 days from the date upon which such person shall officially take office. (3)
An officer desiring to become a member under this subsection shall deliver to the city director
of finance, within the time above specified, a signed statement reciting that the officer
elects to become a member of the system. The election thus made shall be irrevocable. After
electing to become a member, an officer shall be subject to all burdens and entitled to all
rights attached to membership in the system, including the subjection of the officer to salary
deductions and entitlement to contributions by the city on his or her...
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9-10A-19
Section 9-10A-19 Employees deemed members of State Retirement System. (a) Any person who is
regularly employed by a watershed management authority established pursuant to this chapter
shall be deemed to be an "employee" of the State of Alabama, as defined in Section
36-27-1. From the date he assumes his duties, any such person shall be deemed to be a "member"
of the State Employees' Retirement System, as defined in Section 36-27-4; provided that the
required contributions are made to the system. (b) Any person employed by a watershed management
authority shall become a member of the Employees' Retirement System as a condition of employment.
Deductions for retirement purposes shall be made from the salary of each employee in the manner
prescribed by law. (c) The watershed management authority shall contribute on account of the
participation of its employees the employer's contribution rate as established by the actuary
for regular employees of the state. The contribution rate so...
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12-17-4
Section 12-17-4 State assumption of retirement and other employee benefits. (a) Retirement.
- Employees of the circuit and district court, hereinafter "eligible employees,"
shall, on the date they join or joined the state personnel system, be covered by the Employees'
Retirement System of Alabama; provided, that an employee who on that date is covered by a
local retirement system may by written notice filed within 30 days prior to the date the employee
joins the state personnel system, with the Comptroller, elect to retain instead membership
in the local retirement plan; provided further, that any employee joining the state personnel
system on or before October 1, 1977, shall have the right to make such election within 30
days prior to October 1, 1977. Upon election of an employee, the Comptroller shall pay to
such local government plans the employer retirement contribution attributable to employees
electing to retain local plan membership; provided, that such employer contribution...
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12-18-155
Section 12-18-155 (Effective November 8, 2016, subject to contingencies) Disability retirement
allowance. (a) Upon application of an active and contributing member, any such member who
has 10 or more years of membership service who becomes disabled may be retired on a disability
retirement allowance by the Board of Control not less than 30 days nor more than 90 days next
following the date of filing of such application; provided that the medical board, after a
medical examination of such member, shall certify that such individual is totally and permanently
mentally or physically incapacitated from regular and substantial gainful employment and that
such member should be retired. (b) Upon retirement for disability, a member who is a clerk
shall receive a service retirement allowance if he or she has attained age 62; otherwise,
he or she shall receive a disability retirement allowance which shall consist of an annuity,
which shall be the actuarial equivalent of the member's accumulated...
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