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41-10-35
Section 41-10-35 Legislative findings and intent. The Internal Revenue Code of 1986, as amended,
imposes a "state ceiling" upon the aggregate principal amount of "private activity
bonds" which may be issued in any calendar year by or on behalf of a state and its political
subdivisions and instrumentalities, and establishes a method of allocating the available state
ceiling within each state. Authority is granted by the Internal Revenue Code, however, to
the states to provide for a different formula for allocation of the state ceiling. The Legislature
has found and determined that the allocation method contained in the Internal Revenue Code
is ill-suited for the needs of the State of Alabama and that the provisions of this division
will result in a more equitable and efficient distribution of the state ceiling available
to the state and will therefore promote the economic and industrial development of the state.
It is the intent of the Legislature by the passage of this division to...
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16-25C-2
Section 16-25C-2 Definitions. As used in this chapter, the following terms have the following
meanings: (1) BOARD. The Board of Control of the Public Education Employees' Defined Contribution
Savings Fund. (2) ELIGIBLE EMPLOYER. An employer or other entity who compensates a participant
for the public service. (3) FUND. The Public Education Employees' Defined Contribution Savings
Fund. (4) PARTICIPANT. A person who elects to participate in the fund who makes voluntary
employee contributions into a 457 deferred compensation plan or a 403(b) tax sheltered annuity
plan and who is a member of the Teachers' Retirement System. (Act 2001-704, p. 1562, §2.)...
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36-27C-2
Section 36-27C-2 Definitions. As used in this chapter, the following terms have the following
meanings: (1) BOARD. The Board of Control of the Public Employees Defined Contribution Savings
Fund. (2) ELIGIBLE EMPLOYER. An employer or other entity who compensates a participant for
the public service. (3) FUND. The Public Employees' Defined Contribution Savings Fund. (4)
PARTICIPANT. A person who elects to participate in the fund who makes voluntary employee contributions
into a 457 deferred compensation or a 403(b) tax sheltered annuity plan, who is not a public
school employee and who meets any of the following requirements: a. Is a member of the Teachers'
Retirement System. b. Is a member of the Employees' Retirement System. c. Is a member of the
Judicial Retirement Fund. d. Is an employee of an employer eligible to participate in the
Employees' Retirement System pursuant to Section 36-27-6 which elects to participate. e. Is
a public official or public employee of the State of Alabama...
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45-37-123.136
Section 45-37-123.136 Qualified Section 415(m) plan. In order to yield the maximum benefit
specified under this part, without regard to the § 415, Internal Revenue Code, limitations,
a qualified plan under § 415(m), Internal Revenue Code, shall be established by the pension
board in order to provide any additional benefit needed to, in the aggregate, yield such maximum
benefit. Any § 415(m), Internal Revenue Code, plan established by the commission or pension
board prior to the effective date of this part is hereby ratified, validated, and confirmed.
The pension board shall be authorized to establish, modify, or replace any § 415(m), Internal
Revenue Code, plan, or other plan as may hereinafter be authorized by federal law, in order
to provide any additional benefit needed to, in the aggregate, yield such maximum benefit.
(Act 2013-415, p. 1586, §2:6.7.)...
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36-29-50
Section 36-29-50 High deductible health plan with a federally qualified health savings account.
(a) As used in this section, the following words shall have the following meanings: (1) HEALTH
SAVINGS ACCOUNT or HSA. A savings or other account meeting the requirements for favorable
tax treatment under 26 U.S.C. §223, as amended. (2) HIGH DEDUCTIBLE HEALTH PLAN or HDHP.
That term as defined in 26 U.S.C. §223(c)(2), as amended, and any regulations promulgated
thereunder. (3) PARTICIPANT. An eligible active or retired state employee and his or her dependents
as determined by the State Employees' Insurance Board. (b) The State Employees' Insurance
Board may offer a high deductible health plan with a federally qualified health savings account
(HDHP-HSA) to eligible active and retired state employees and their dependents. A retired
state employee eligible for or entitled to Medicare benefits under Title XVIII of the federal
Social Security Act is not eligible to participate in the HDHP-HSA....
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45-37-123.106
Section 45-37-123.106 Minimum distribution requirements. (a) General rules. (1) EFFECTIVE DATE.
Except as otherwise provided herein, the provisions of this section shall apply for purposes
of determining required minimum distributions for calendar years beginning on and after January
1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions required
under this section shall be determined and made in accordance with § 401(a)(9), Internal
Revenue Code, including the incidental death benefit requirement in § 401(a)(9)(G), and the
regulations thereunder. (3) PRECEDENCE. Subject to the joint and survivor annuity requirements
of the plan, the requirements of this section shall take precedence over any inconsistent
provisions of the plan. (b) Time and manner of distribution. (1) REQUIRED BEGINNING DATE.
The member's entire interest shall be distributed, or begin to be distributed, to the member
no later than the member's required beginning date. (2) DEATH OF MEMBER...
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16-25A-47
Section 16-25A-47 Payroll deduction of contributions; applicability to local school boards.
Employee premium contributions shall be deducted from payroll by all employers on a pretax
basis as permitted under Section 125 of the Internal Revenue Code. All employers must offer
a flexible benefit plan to all employees by October 1, 2005. Local school boards which are
deemed by this article to be an employer retain the right to extend contracts or agreements
related to plans in existence as of October 1, 2005, or to change companies offering the same
plan benefits. (Act 2004-650, 1st Sp. Sess., p. 31, §8.)...
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19-3-301
Section 19-3-301 Power to amend trust instrument. (a) The trustee of a trust, whenever created,
which is or is treated as a private foundation as defined in Section 509 of the Internal Revenue
Code of 1954, a charitable trust as defined in Section 4947(a)(1) of the Internal Revenue
Code of 1954, or a split-interest trust as defined in Section 4947(a)(2) of the Internal Revenue
Code of 1954, may amend the terms of the governing instrument to the extent necessary to bring
the trust into conformity with the requirements for: (1) Termination of private foundation
status in the manner described in Section 507(b) thereof; (2) Exemption of the trust from
the taxes imposed by Sections 4941 to 4945, inclusive, thereof; or (3) Exclusion of the trust
from private foundation status under Section 509(a)(3) thereof, and for this latter purpose
may release, extinguish or renounce any power contained in the governing instrument, may reduce
or limit the charitable organizations or classes of charitable...
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41-10-727
Section 41-10-727 Definitions. As used in this division, the following words shall have the
following meanings: (1) DEPARTMENT. The Department of Revenue. (2) EMPLOYEE. An employee,
as defined in the Internal Revenue Code, as amended from time to time; except that any individual
providing services to an employer on an hourly, part-time, full-time, salaried, or contractual
basis shall be considered an employee for purposes of this division. (3) EMPLOYER. An employer,
as defined in the Internal Revenue Code, as amended from time to time, that is either a general
contractor or subcontractor that primarily holds itself out for hire to the general public
as a general contractor or subcontractor and who receives more than five percent of its annual
gross revenue from business described in either North American Industry Classification System
(NAICS) Code 236, 237, or 238 of the United States Department of Commerce in effect as of
January 1, 2009. This definition does not apply to or include...
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45-37A-51.250
Section 45-37A-51.250 Pension Funding Equity Act of 2004. Solely for purposes of calculating
DROP benefits and for converting lump sum amounts for compliance with § 415, Internal Revenue
Code, if the system provides a benefit in a form that is subject to the minimum present value
requirements of § 417(e)(3), Internal Revenue Code, in a fiscal year beginning in 2004 or
2005, the actuarially equivalent straight life annuity that is used for demonstrating compliance
with § 415, Internal Revenue Code, shall be the greater of: (1) The straight life annuity
determined using the plan rate and plan mortality table and (2) the straight life annuity
determined using 5.5 percent and the applicable mortality table. A benefit is subject to the
minimum present value requirements of § 417(e)(3), Internal Revenue Code, if it is any benefit
other than a nondecreasing annuity payable for a period of not less than the life of the participant,
or, in the case of a qualified preretirement survivor...
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