Code of Alabama

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36-27-25
Section 36-27-25 Funds for assets of retirement system - Management. (a) The Board of Control
shall be the trustees of the several funds of the Employees' Retirement System created by
this article as provided in Section 36-27-24 and shall have full power to invest and reinvest
the funds, through its Secretary-Treasurer in the classes of bonds, mortgages, common and
preferred stocks, shares of investment companies or mutual funds, or other investments as
the Board of Control may approve, with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like
aims. Subject to like terms, conditions, limitations and restrictions, the Board of Control,
through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer,
and dispose of any investments in which the funds created in Section...
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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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16-25-11.7
Section 16-25-11.7 Purchase of credit by certain members employed as teachers in state public
schools regardless of manner in which salary was paid or source thereof. (a) Any person who
on October 1, 1990 was a member of the Teachers' Retirement System who was employed in a public
school in Alabama shall be entitled to receive credit for all service rendered in such public
school regardless of the manner in which the member's salary was paid or the source of funds
for such salary; provided, however, that this provision shall not apply to any person who
at the time of such service with a public school was also a student at the institution by
which he was employed. (b) Any person employed in the capacity set out in subsection (a) of
this section shall be entitled to receive credit for all service as a teacher rendered by
him provided that said person pays to the Secretary-Treasurer within one year from October
1, 1990 for each year of claimed service, a sum equal to a percentage of his...
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36-27-21.4
Section 36-27-21.4 Cost-of-living increase for persons whose date of retirement is prior to
October 1, 1984; funding; eligibility where Medicaid eligibility would be impaired. (a)(1)
There is hereby provided, commencing October 1, l985, to each person, whose effective date
of retirement for purposes of receiving benefits from the Teachers' Retirement System, is
prior to October 1, 1984, and who is receiving an allowance therefrom, a cost of living increase
of $2.00 per month for each year of creditable service attained by said retired member. (2)
There is hereby provided, commencing October 1, 1985, to each person, whose effective date
of retirement for purposes of receiving benefits from the Employees' Retirement System, is
prior to October 1, 1984, and who is receiving benefits therefrom, a cost of living increase
of $2.00 per month for each year of creditable service attained by said retired member provided
that only those retired members of the Employees' Retirement System whose...
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36-27-23
Section 36-27-23 Board of Control; medical board, actuary. (a) The general administration and
responsibility for the proper operation of the retirement system and for making effective
the provisions of this article are hereby vested in a board of trustees which shall be known
as the Board of Control. (b) The board shall consist of 13 trustees as follows: (1) The Governor,
ex officio, who shall be chairman. (2) The State Treasurer, ex officio. (3) The State Personnel
Director, ex officio. (4) The Director of Finance, ex officio. (5) Three members of the retirement
system, to be appointed by the Governor, no two of whom shall be from the same department
of the state government nor from any department of which an ex officio trustee is the head.
The state employees appointed pursuant to this section shall be Merit System employees with
at least ten years of creditable state service and shall not be a department head or an assistant
department head. The terms of office of the three members...
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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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45-37A-51.222
Section 45-37A-51.222 Participants vesting. (a) (1) All participants who are participants before
July 1, 2017, shall vest at five years of credited service. (2) Notwithstanding anything to
the contrary contained in this section, all participants who first become participants on
or after July 1, 2017, shall vest at 10 years of credited service. (b) All participants may
purchase previous city, county, and city library time by paying the contribution plus interest
as provided herein. (c) Participants of the city and other participating entities, except
the board of health, upon termination of the employment after five years of actual service
to the city or other employing participating entity, shall have the option to leave in the
system fund all contributions made by the terminated employee and receive a monthly retirement
benefit beginning at age 60 years in an amount equal to a multiplier in the applicable percentage
effective on the date of retirement as set forth in Section...
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45-37A-51.241
Section 45-37A-51.241 Board of health retired employees. (a) Employees of the board of health,
upon termination of such employment after 10 years of actual service to the board of health,
shall have the option to leave in the system fund all contributions made by such terminated
employee and receive a monthly retirement benefit beginning at age 60, in the amount equal
to two percent of such employee's monthly final average salary multiplied by his or her years
of credited service. The benefit shall continue throughout the life of the retiree. A survivor's
benefit calculated as described in Section 45-37A-51.228 shall be provided to survivors or
retirees under this provision if such retired employee has reached age 60 years, however the
survivor's benefit rate shall be 60 percent of the retiree's benefit or as determined by the
board of managers. In the event that a terminated employee dies, prior to receiving a benefit
hereunder, or elects at any time to withdraw the contribution to...
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16-25-81
Section 16-25-81 Cost-of-living increase provided for certain retirees participating under
Section 36-27-6. (a) Commencing October 1, 1993, there is provided to certain persons identified
in subsection (b) of this section who are currently receiving benefits, whose effective date
of retirement was prior to October 1, 1992, for purposes of receiving benefits from the Employees'
Retirement System, and to certain beneficiaries of deceased members and deceased retirees
who are currently receiving survivor benefits if the effective date of retirement or death
for the deceased member or retiree was prior to October 1, 1992, for purposes of receiving
benefits from the Employees' Retirement System, a cost-of-living increase as follows: (1)
1.28 percent of the current gross benefit paid to the retiree and to certain beneficiaries
of deceased members and deceased retirees. (2) One dollar and twenty-eight cents ($1.28) per
month for each year of service attained by the retiree for each retiree...
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36-27-17
Section 36-27-17 Redetermination of allowances due on or after October 1, 1975. (a) All retirement
allowance payments due on or after October 1, 1975, to members who retired prior to said date
shall be redetermined as if the provisions of Acts 1975, No. 1103, amending Section 36-27-1,
were in effect at the time the member retired; provided, that the annual retirement allowance
of any member not employed as a state policeman who retired on or before January 1, 1956,
shall not be less than $79.20 multiplied by the number of years of his creditable service
not in excess of 30 years, in the case of service retirement, or $59.40 multiplied by the
number of years of his creditable service not in excess of 30 years, in the case of disability
retirement. Any increase provided in the retirement allowance payment under this section for
a member who retired under the provisions of any optional benefit elected pursuant to subsection
(d) of Section 36-27-16 shall accrue only to the retired member,...
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