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35-4A-5
Section 35-4A-5 Exclusions from statutory rule against perpetuities. Section 35-4A-2, the statutory
rule against perpetuities, does not apply to: (1) a nonvested property interest or a power
of appointment arising out of a nondonative transfer, except a nonvested property interest
or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a
separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising
out of a prospective, existing, or previous marital relationship between the parties, (v)
a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to
exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or
(viii) a reciprocal transfer; (2) a fiduciary's power relating to the administration or management
of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the
power of a fiduciary to determine principal and income; (3) a power...
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36-27-27
Section 36-27-27 Making of false statement, etc., for purpose of defrauding retirement system;
correction of errors in records and payments to beneficiaries or members. (a) Any person who
shall knowingly make any false statement or shall falsify or permit to be falsified any record
or records of this retirement system in any attempt to defraud such system shall be guilty
of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall
be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both
such fine and imprisonment, at the discretion of the court. (b) Should any charge or error
in the records result in any member or beneficiary receiving from the retirement system more
or less than he would have been entitled to receive had the records been correct, the Board
of Control shall correct such error and, as far as practicable, shall adjust the payment in
such manner that the actuarial equivalent of the benefit to which such...
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45-37A-51.169
Section 45-37A-51.169 Correction of errors. (a) The system shall have the authority to recalculate
benefits if a mistake in payments has occurred. If the system mistakenly sets any benefit
at an incorrect amount, it shall recalculate the benefit as soon as practicable after the
mistake is discovered. (b) If the benefit was mistakenly set too low, the system shall make
a lump sum payment to the recipient of an amount equal to the difference between the benefits
that should have been paid and those actually paid, plus interest at the rate of five percent
compounded annually per annum from the date the unpaid amounts accrued to the date of payment.
(c) If the benefit was mistakenly set too high, the system may recover the amount overpaid
from the recipient thereof, either directly or by deducting such amount from the remaining
benefits payable to the recipient. However, if the amount of benefits was mistakenly set too
high; and the error was undiscovered for three years or longer; and the...
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45-8A-22.124
Section 45-8A-22.124 Eligible rollover distribution; direct rollover. (a) Rollovers Generally.
(1) Notwithstanding any provision of the plan to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the
manner prescribed by the retirement board, to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(2) Definitions. a. Eligible Rollover Distribution. An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee, except
that an eligible rollover distribution does not include: 1. Any distribution that is one of
a series of substantially equal periodic payments, not less frequently than annually, made
for the life, or life expectancy, of the distributee or the joint lives, or joint life expectancies,
of the distributee and the distributee's designated...
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12-18-87
Section 12-18-87 Benefits. (a) Judges' retirement benefits. - The annual retirement benefit
payable to a probate judge retiring pursuant to subdivisions (2), (3), (4), and (5) of Section
12-18-84 shall be 75 percent of the base sum or salary upon which such judge is paying the
percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately
prior to retirement. Such retirement benefit shall be payable monthly from the State Treasury
for the life of the beneficiary. (b) Spouses' benefits. - After the death of any probate judge
who has held office for a minimum of five years, his or her spouse shall receive a yearly
benefit from the State Treasury equivalent to the greater of $480.00 per year, multiplied
by the number of years of service, not to exceed 10 years, or three percent of the base sum
or salary upon which such probate judge was paying the percentage as provided in subsection
(a) or subsection (b) of Section 12-18-82 immediately prior to retirement,...
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36-27-80
Section 36-27-80 Amount of increase - Persons other than persons whose employer participated
in Employees' Retirement System. There is hereby provided, commencing October 1, 1988, to
each person except persons whose employer participated in the Employees' Retirement System
pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement for
purposes of receiving benefits from the Employees' Retirement System is prior to October 1,
1987, and to beneficiaries of deceased members or deceased retirees except where the deceased
member or deceased retiree retired from an employer participating in the Employees' Retirement
System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, provided the date of death for
such deceased member or the effective date of retirement for such deceased retiree for purposes
of receiving benefits from the Employees' Retirement System was prior to October 1, 1987,
and who is receiving a monthly allowance from the Employees' Retirement System...
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36-27-87
Section 36-27-87 Amount of increase - Persons other than those whose employer participated
under Sections 36-27-6, 36-27-7 or 36-27-7.1. There is hereby provided, commencing October
1, 1990, to each person except persons whose employer participated in the Employees' Retirement
System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement
for purposes of receiving benefits from the Employees' Retirement System is prior to October
1, 1989, and to beneficiaries of deceased members or deceased retirees except where the deceased
member or deceased retiree retired from an employer participating in the Employees' Retirement
System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, provided the date of death for
such deceased member or the effective date of retirement for such deceased retiree for purposes
of receiving benefits from the Employees' Retirement System was prior to October 1, 1989,
and who is receiving a monthly allowance from the Employees'...
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45-37A-51.248
Section 45-37A-51.248 Direct rollovers. (a) Notwithstanding any provision of this subpart to
the contrary that would otherwise limit a distributee's election under this section, a distributee
may elect, at the time and in the manner prescribed by the board, to have any portion of an
eligible rollover distribution that is equal to at least five hundred dollars ($500) paid
directly to an eligible retirement plan specified by the distributee in a direct rollover.
(b) For purposes of this section the following definitions shall apply: (1) ELIGIBLE ROLLOVER
DISTRIBUTION. Any distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: Any distribution that is one
of a series of substantially equal periodic payments, not less frequently than annually, made
for the life, or life expectancy, of the distributee or the joint lives, or joint life expectancies,
of the distributee and the distributee's designated...
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12-17-227.3
Section 12-17-227.3 (Effective November 8, 2016, subject to contingencies) Transfer of membership
service and accumulated contributions. (a) Any active and contributing member of the District
Attorneys' Plan who, not more than one year prior to becoming a member of the plan was a member
of the Employees' Retirement System of Alabama or the Teachers' Retirement System of Alabama,
may elect to transfer his or her membership service and accumulated contributions in the Employees'
Retirement System or the Teachers' Retirement System to the District Attorneys' Plan. (b)
Any active and contributing member desiring to transfer any membership service and accumulated
contributions under subsection (a) shall notify the Board of Control of the Employees' Retirement
System of his or her election to transfer membership service and shall authorize the transfer
of the amount of his or her accumulated contributions to his or her credit in the Employees'
Retirement System or Teachers' Retirement System...
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12-18-112
Section 12-18-112 Transfer of contributions and creditable service - District judge's adjusted
benefit formulas; spouse's benefits. In the event a member of the Judicial Retirement Fund,
who is a district judge, or a surviving spouse thereof, must employ and count creditable service
transferred under this article to qualify for retirement and/or benefits under the fund, the
benefits or allowances payable to such member or spouse shall be calculated as follows, and
shall be in lieu of any and all other rights, benefits and allowances, except social security
payments: (1) The annual service allowance payable to a retiring district judge shall be an
annual amount equal to the sum of: a. The amount which results when 90 percent of the retirement
benefits payable by the state to circuit judges on the date such district judge retires (as
is provided under Section 12-18-58) is multiplied by the ratio created when the member's number
of years of creditable service, excluding transferred...
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