Code of Alabama

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36-27A-5
Section 36-27A-5 Eligibility. The PEIRAF shall be available to all public employees in the
State of Alabama who are members of the Teachers' Retirement System, the Employees' Retirement
System or the Judicial Retirement Fund. In addition, any employee of an employer eligible
to participate in the Employees' Retirement System pursuant to the provisions of Section 36-27-6,
or any public official or employee of the State of Alabama or any political subdivision thereof,
shall be eligible to participate under the provisions of this chapter. Participation in this
fund shall be on a strictly voluntary basis under such rules and regulations as shall be adopted
by the board of control and in accordance with the provisions contained in the Internal Revenue
Code as it relates to individual retirement accounts for public employees. Any person who
shall become ineligible for participation in the PEIRAF due to the termination of his employment
with an eligible employer may leave his contributions on...
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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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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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36-27-7
Section 36-27-7 Participation of employees of counties, cities, towns, public or quasi-public
organizations, etc. - Employees of Cooperative Extension Service of Auburn University under
federal appointment. (a) Any law to the contrary notwithstanding, the governing board of Auburn
University may, by resolution legally adopted, elect to have its employees, from whatever
sources and in whatever manner paid, become eligible to participate in the Employees' Retirement
System of the State of Alabama under the provisions of Section 36-27-6; provided, that all
contributions and benefits shall be computed based on a percentage, not to exceed 50 percent,
of each employee's total salary; and provided further, that such percentage shall be expressly
stipulated in the aforesaid resolution and that the resolution must expressly state that such
percentage shall be applied uniformly to all employees covered thereunder. The funding responsibility
of the employer, and the resolution referred to above...
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16-25-11
Section 16-25-11 Creditable service. (a) Under such rules and regulations as the Board of Control
shall adopt, each person who was a teacher prior to October 1, 1940, and who under the provisions
of this chapter makes up contributions plus eight percent compound interest on such contributions
for the time said teacher taught as a nonmember and who becomes a member prior to October
1, 1974, shall file a detailed statement of all service as a teacher rendered by him prior
to October 1, 1940, for which he claims credit. The Board of Control shall fix and determine
by appropriate rules and regulations how much service in any year is equivalent to one year
of service, but in no case shall it allow any credit for a period of absence without pay for
more than one month's duration, nor shall more than one year of service be creditable for
all service in one calendar year. Service rendered for a regular school year shall be equivalent
to one year's service. Subject to the above restrictions and...
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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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36-27-11
Section 36-27-11 Determination of prior creditable service; computation of creditable service
at retirement; procedure for restoration of creditable service to certain persons; payment
of makeup contributions by certain persons. (a) Under such rules and regulations as the Board
of Control shall adopt, each member who was an employee prior to October 1, 1945, and who
has made up contributions for time served as a nonmember and who becomes a member prior to
September 1, 1966, shall file a detailed statement of all service as an employee rendered
by him prior to October 1, 1945, for which he claims credit. (b) The Board of Control shall
fix and determine by appropriate rules and regulations how much service in any year is equivalent
to one year of service, but in no case shall it allow any credit for a period of absence without
pay of more than one month's duration, nor shall more than one year of service be creditable
for all service in one calendar year. (c) Subject to the restrictions...
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16-25-14
Section 16-25-14 Retirement of members; benefits generally. (a)(1) Any Tier I plan member who
withdraws from service upon or after attainment of age 60 and any Tier II plan member who
withdraws from service upon or after attainment of age 62, or in the case of a Tier II plan
member who is a correctional officer, firefighter, or law enforcement officer as defined in
Section 36-27-59, who withdraws from service upon or after attainment of age 56 with at least
ten years of creditable service as a correctional officer, firefighter, or law enforcement
officer may retire upon written application to the Board of Control setting forth at what
time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof,
he or she desires to be retired; provided, that any such member who became a member on or
after October 1, 1963, shall have completed 10 or more years of creditable service. (2) Any
Tier I plan member who has attained age 60 and any Tier II plan member who...
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16-25-19
Section 16-25-19 Administration. (a) The general administration and responsibility for the
proper operation of the retirement system and for making effective the provisions of this
chapter are hereby vested in a board of trustees which shall be known as the Board of Control
and shall be organized immediately after a majority of the trustees provided for in this section
shall have qualified and taken the oath of office. (b) The board shall consist of 15 trustees
as follows: (1) The State Superintendent of Education, ex officio. (2) The State Treasurer,
ex officio. (3) The state Director of Finance, ex officio. (4) Twelve elected members of the
retirement system. Those 12 members shall consist of representatives elected from each of
the following categories: two shall be retired members, one shall be a city or county superintendent,
one shall be a principal, one shall be a member from an institution of postsecondary education
that is part of the Alabama Community College System, two...
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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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