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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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36-27-5
Section 36-27-5 Membership - Members of Board of Pardons and Paroles; Director of Physical
Fitness Department. (a) Any person who has been regularly appointed to the state Board of
Pardons and Paroles or a former member of said board, or Director of Physical Fitness Department
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 serving as of November 21, 1975,
shall be entitled to receive credit toward his retirement allowance for any service previously
rendered as a member of the Board of Pardons and Paroles or former member or Director of Physical
Fitness Department, and any person serving in such positions thereafter shall become a member
of the Employees' Retirement System as a condition of employment. If...
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45-37-123.134
Section 45-37-123.134 Purchase of permissive service credit. (a) In general. If a member makes
one or more contributions to the plan to purchase permissive service credit under the plan,
the requirements of § 415, Internal Revenue Code, shall be treated as met with respect to
these contributions if: (1) The requirements of § 415(b), Internal Revenue Code, are met,
determined by treating the accrued benefit derived from all such contributions as an annual
benefit for purposes of § 415(b), Internal Revenue Code, provided, however, the plan shall
not fail to meet the reduced limit under § 415(b)(2)(C), Internal Revenue Code, solely by
reason of this section; or (2) The requirements of § 415(c), Internal Revenue Code, are met,
determined by treating all such contributions as annual additions for purposes of § 415(c),
Internal Revenue Code, provided, however, the plan shall not fail to meet the percentage limitation
under § 415(c)(1)(B), Internal Revenue Code, solely by reason of...
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16-25-18
Section 16-25-18 Redetermination of allowances of certain retired members. (a) Any member who
retired prior to October 1, 1975 and who has served in the armed services, as described in
Section 16-25-3, shall be entitled to claim such full-time military service and to have all
retirement allowances due on or after October 1, 1975 redetermined as if the provisions of
said section, as amended, were in effect at the time such member retired; provided, that such
retired member pays into the Teachers' Retirement System, in a lump sum prior to October 1,
1976, an amount equal to four percent of the average compensation which was paid to a teacher
during each claimed year of full-time military service, plus and together therewith, eight
percent interest compounded from the last date of such claimed military service; provided
further, that such retired member shall not receive membership service credit for more than
four years of military service and shall receive no credit for military service...
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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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36-27-6
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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12-17-227.11
Section 12-17-227.11 (Effective November 8, 2016, subject to contingencies) Supernumerary program;
participation election. (a) A person serving as district attorney, supernumerary district
attorney, or who has made an election to assume the office of supernumerary district attorney
or is otherwise entitled to participate in the supernumerary district attorney program established
under Division 2 of this article shall, subject to subsection (c), continue to serve or participate
in the supernumerary district attorney program, which shall include the assumption of the
office of the supernumerary district attorney after November 8, 2016 according to the terms
and conditions of Division 2 of this article, notwithstanding the fact that the person may
be re-elected after November 8, 2016 to the office he or she is holding on November 8, 2016.
(b) No person may participate in both the supernumerary district attorney program and the
Employees' Retirement System based on the same service. (c) A...
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36-27-52
Section 36-27-52 Coverage for official court reporters. (a) Any person serving as an official
court reporter on August 13, 1987, shall have one year from such date to elect to be covered
by the Employees' Retirement System of Alabama in lieu of eligibility to become a supernumerary
court reporter. All elections under this provision shall be in writing and filed with the
Administrative Office of Courts and with the Board of Control of the state Employees' Retirement
System within the election period heretofore set forth. Provided, however, that the failure
of any person to elect coverage under the Employees' Retirement System shall not affect their
eligibility to qualify for supernumerary status and any official circuit court reporter who
was employed on August 13, 1987, and did not elect to be covered by the Employees' Retirement
System of Alabama may, upon reemployment as an official court reporter after a lapse in service,
continue to accumulate creditable service towards eligibility...
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16-25-10.12
Section 16-25-10.12 Officers and employees of Alabama Higher Education Partnership, Inc.; contributions;
creditable service. (a) The governing body of the Alabama Higher Education Partnership, Inc.,
by resolution legally adopted to conform to the rules prescribed by the Board of Control of
the Teachers' Retirement System, may elect to have its officers and employees, from whatever
source and in whatever manner paid, become eligible to participate in the Teachers' Retirement
System subject to all rules, regulations, and conditions thereof. (b) The governing body of
the Alabama Higher Education Partnership, Inc., having made an election by resolution pursuant
to subsection (a), may have its employees and officers participate in, and be entitled to,
all benefits of the Teachers' Retirement System. Where contributions are made from salaries
paid by the Alabama Higher Education Partnership, Inc., the Alabama Higher Education Partnership,
Inc., shall pay the employer cost, calculated as a...
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16-25-10
Section 16-25-10 Certain school bus drivers, mechanics and maintenance workers - Persons previously
under Employees' Retirement System of Alabama. (a) All employees of city and county boards
of education and special schools under the direct control of the State Board of Education
now covered in the Employees' Retirement System of Alabama under the provisions of Section
36-27-6 who would have been eligible for coverage in the Teachers' Retirement System of Alabama
under the provisions of Section 16-25-9 except for being covered in the Employees' Retirement
System of Alabama, may be enrolled and transferred to the Teachers' Retirement System of Alabama
by their employer with all credits as have been established in the Employees' Retirement System
of Alabama. (b) Upon enrollment and transfer to the Teachers' Retirement System of Alabama,
such employee shall be deemed to be a "teacher" under the teachers' retirement law
and shall make contributions as all other teachers and shall receive...
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