45-37-123.131
Section 45-37-123.131 Maximum annual benefit. (a) Notwithstanding the foregoing and subject
to the exceptions and adjustments below, effective for limitation years ending after December
31, 2001, the annual benefit otherwise payable to a member under the plan at any time shall
not exceed the maximum annual benefit, and if the benefit a member would otherwise accrue
in a limitation year would produce an annual benefit in excess of the maximum annual benefit,
the benefit shall be limited, or the rate of accrual reduced, to a benefit that does not exceed
the maximum annual benefit. The maximum annual benefit payable to a member under the plan
in any limitation year shall equal the defined benefit dollar limitation. The defined benefit
dollar limitation is one hundred sixty thousand dollars ($160,000), as adjusted, effective
January 1 of each year, under § 415(d), Internal Revenue Code, in such manner as the secretary
shall prescribe, and payable in the form of a straight life annuity....
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45-37-123.109
Section 45-37-123.109 Participant distribution notice. (a) The pension board shall during the
30 to 180 day period before making an eligible rollover distribution, provide a written explanation
to the recipient: (1) Of the provisions under which the recipient may have the distribution
directly transferred to an eligible retirement plan and that the automatic distribution by
direct transfer applies to certain distributions in accordance with § 401(a)(31)(B), Internal
Revenue Code; (2) Of the provision which requires the withholding of tax on the distribution
if it is not directly transferred to an eligible retirement plan; (3) Of the provisions under
which the distribution shall not be subject to tax if transferred to an eligible retirement
plan within 60 days after the date on which the recipient received the distribution; (4) If
applicable, of the provisions of §§ 402(d) and 402(e), Internal Revenue Code; (5) Of the
provisions under which distributions from the eligible retirement...
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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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12-17-227.16
Section 12-17-227.16 (Effective November 8, 2016, subject to contingencies) Compliance with
qualification standards. The Board of Control is authorized to implement any new accounting
procedures, funds, or administrative changes and to provide for the payment of benefits to
members or beneficiaries of the plan as may be necessary to ensure the plan's compliance with
the qualification standards required of public pension plans by the Internal Revenue Code
of the United States. (Act 2015-498, §35.)...
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12-18-165
Section 12-18-165 (Effective November 8, 2016, subject to contingencies) Compliance with qualification
standards. The Board of Control is authorized to implement any new accounting procedures,
funds, or administrative changes and to provide for the payment of benefits to members or
beneficiaries of the plan as may be necessary to ensure the plan's compliance with the qualification
standards required of public pension plans by the Internal Revenue Code of the United States.
(Act 2015-498, §17.)...
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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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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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45-37-123
Section 45-37-123 General Retirement System for Employees of Jefferson County. (a) This part
is a defined benefit pension plan, to be known as the General Retirement System for Employees
of Jefferson County. (b) The plan was originally established in Acts 1965, No. 497, 1965 Regular
Session (Acts 1965, p. 717), which has been amended from time to time, for the purpose of
providing retirement or other specified benefits to eligible individuals. (c) Assets from
the previous retirement systems were transferred to this plan, and the system is responsible
for all obligations of such previous retirement systems. (d) The plan is intended to be a
governmental plan within the meaning of § 414(d), Internal Revenue Code, and within the meaning
of § 3(32), Employee Retirement Income Security Act of 1974, as amended, and, as such, is
exempted from the provisions of Title I of the Employee Retirement Income Security Act of
1974. (Act 2013-415, p. 1586, §1.)...
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45-37A-51.02
Section 45-37A-51.02 Pension system established; payment of employee contributions. (a) There
is established in and for the city a pension system which shall be known as the Firemen's
and Policemen's Supplemental Pension System. For the purpose of brevity the system will at
times hereinafter be referred to as the supplemental pension system. (b) Any other provision
of law notwithstanding, the City of Birmingham, as the employer, is authorized to enter into
agreements with the members of the Firemen's and Policemen's Supplemental Pension System to
adjust wages or salaries and to pay an employee's required contributions to the fund. All
agreements under this section shall conform to applicable federal income tax laws, rules,
and regulations. (c) Any other provision of law notwithstanding, the City of Birmingham, as
the employer, may adopt a program and plan amendments relating to the employee members of
the Firemen's and Policemen's Supplemental Pension System meeting the requirements of...
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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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