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45-37-123.130
Section 45-37-123.130 Annual benefit and final regulations under §415, Internal Revenue Code.
(a) Annual benefit. For purposes of this subpart 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 §415, Internal Revenue Code, to the plan, payable
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 Section 45-37-123.132(c). (b) Final regulations under §415, Internal
Revenue Code. Notwithstanding anything in this subpart to the contrary, the following provisions
apply beginning on or after January 1, 1976, except as otherwise provided in this subpart.
(1) INCORPORATION BY REFERENCE. The limitations, adjustments, and other requirements prescribed
in the plan shall comply with the provisions of §415, Internal...
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26-1A-217
Section 26-1A-217 Gifts. (a) In this section, a gift "for the benefit of" a person
includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition
savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529,
26 U.S.C. Section 529, as amended. (b) Unless the power of attorney otherwise expressly provides,
language in a power of attorney granting general authority with respect to gifts authorizes
the agent only to: (1) make outright to, or for the benefit of, a person including the agent,
a gift of any of the principal's property, including by the exercise of a presently exercisable
general power of appointment held by the principal, in an amount per donee not to exceed the
annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section
2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift
tax exclusion applies to the gift, or if the principal's spouse agrees to...
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45-37-123.133
Section 45-37-123.133 Annual benefit not in excess of $10,000. (a) The plan may pay an annual
benefit to any member in excess of the member's maximum annual benefit if the annual benefit
derived from employer contributions under the plan and all other defined benefit plans maintained
by the county does not in the aggregate exceed ten thousand dollars ($10,000) for the limitation
year or for any prior limitation year and the county has not at any time maintained a defined
contribution plan, a welfare benefit fund under which amounts attributable to postretirement
medical benefits are allocated to separate accounts of key employees, as defined in § 419(A)(d)(3),
Internal Revenue Code, or an individual medical account in which the member participated.
For purposes of this section, if the plan provides for voluntary or mandatory employee contributions,
such contributions shall not be considered a separate defined contribution plan maintained
by the county. (b) However, if a member has...
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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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16-33C-10
Section 16-33C-10 ACES Program generally. (a) The ACES Program is established as one college
savings alternative under the plan whereby contributors open ACES savings accounts according
to savings agreements for the payment of qualified higher education costs for a designated
beneficiary at eligible educational institutions, terms as defined in Section 529 of the Internal
Revenue Code of 1986, as amended, or other applicable federal law. The ACES Program includes
the ACES Trust Fund, the ACES Administrative Fund, and the ACES Opportunity Enhancement Fund
created pursuant to this chapter. The ACES Program may be marketed under a different name
than ACES. (b) The ACES Trust Fund is hereby created and shall be comprised of separate ACES
savings accounts held in segregated accounts as established by savings agreements. Funds contributed
to the ACES savings accounts established pursuant to the ACES Program are held in trust by
the Savings Board for the sole benefit of the contributor and...
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36-29-20
Section 36-29-20 Legislative findings and intent. The Legislature finds that private employers
have provided their employees with flexible employee benefit plans which provide a savings
both to the employer and the employee, and that the State of Alabama, its departments and
agencies, may provide the same tax-effective benefits to its employees. It is, therefore,
the intent of the Legislature to provide for the establishment of a "cafeteria plan"
or flexible employee benefit plan in compliance with the Internal Revenue Code of 1986, with
every effort being used to utilize the existing resources of the state Comptroller to implement
said plan in conjunction with the Flexible Employees Benefits Board. (Acts 1989, No. 89-644,
p. 1272, §1.)...
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36-29-51
Section 36-29-51 Health reimbursement arrangement. (a) As used in this section, the term health
reimbursement arrangement or HRA means a plan qualifying as a health reimbursement arrangement
as that term is defined under IRS Notice 2002-45 and a medical reimbursement plan under Sections
105 and 106 of the Internal Revenue Code of 1986, as amended. (b) The State Employees' Insurance
Board may offer a health reimbursement arrangement to eligible active and retired state employees
and their dependents. The terms and conditions of the HRA shall be established by the board
in accordance with federal requirements and limitations. (c) Participants in the HRA are eligible
to receive an employer contribution into the participant's HRA from the State Employees Insurance
Fund in an amount to be determined by the board. Employer contributions into the participant's
HRA shall not constitute compensation to an employee for the purposes of any statute fixing
or limiting the compensation of the...
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45-37A-51.221
Section 45-37A-51.221 Minimum and maximum normal retirement benefit. (a) The minimum retirement
benefit payable under Section 45-37A-51.220 shall be four hundred dollars ($400) per month.
The maximum normal retirement benefit payable under Section 45-37A-51.220 shall be 75 percent
of final average salary, exclusive of sick leave bonus. Notwithstanding the foregoing and
to the extent applicable to governmental plans as defined in § 414(d), Internal Revenue Code,
in no event may the normal retirement benefit exceed the annual dollar limits imposed by §
415(b), Internal Revenue Code, excluding contributions under § 414(h)(2), Internal Revenue
Code. Further, no post severance compensation shall be included for any benefit hereunder.
Post severance compensation means amounts paid by the later of: (1) Two and one-half months
after an employee's severance from employment with the employer, or (2) the end of the limitation
year that includes the date of severance from employment with the...
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16-25A-40
Section 16-25A-40 Legislative findings. The Legislature finds that private employers have provided
their employees with flexible employee benefit plans which provide a savings both to the employer
and the employee, and that the State of Alabama, its departments and agencies, may provide
the same tax-effective benefits to its public education employees. It is, therefore, the intent
of the Legislature to provide for the establishment of one statewide, universal "cafeteria
plan" or flexible employee benefit plan to be made available to all employees in public
education in compliance with the Internal Revenue Code of 1986, and to implement the plan
in accordance with the rules and regulations established by the Public Education Flexible
Employees' Benefit Board created by this article. (Act 2004-650, 1st Sp. Sess., p. 31, §1.)...
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40-18-19
Section 40-18-19 Exemptions - Generally. (a) The following exemptions from income taxation
shall be allowed to every individual resident taxpayer: (1) Retirement allowances, pensions
and annuities, or optional allowances, approved by the Board of Control of the Teachers' Retirement
System of Alabama, which exempt status is set out in Section 16-25-23. (2) Retirement allowances,
pensions and annuities or optional allowances, approved by the Board of Control of the Employees'
Retirement System of Alabama, which exempt status is set out in Section 36-27-28. (3) The
first eight thousand dollars ($8,000) of any retirement compensation, retirement allowances,
pensions and annuities, or optional allowances, received by any eligible firefighter, as defined
in Sections 36-32-1 and 36-32-2, or his or her designated beneficiary, from any firefighting
agency established in the State of Alabama, but only if such retirement compensation, retirement
allowances, pensions and annuities, or optional...
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