Code of Alabama

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45-37-123.28
Section 45-37-123.28 Claims procedure. (a) Claims for benefits under the plan shall be filed
in writing with the pension coordinator on forms provided by the pension board in accordance
with procedures established by the pension board and/or the pension coordinator. The procedure
and documents to be produced by a member or beneficiary may differ depending on the type of
benefit claim being made. (b) The pension board may allow a properly designated power of attorney
to act on behalf of a member or beneficiary so long as the act is authorized under the terms
of the power of attorney documentation. (Act 2013-415, p. 1586, §2:2.9.)...
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45-8A-22.135
Section 45-8A-22.135 Amendment and termination. (a) Amendment of the Plan. (1) The retirement
board shall have the right at any time to amend the plan, subject to the limitations of this
section. Any such amendment must be consistent with this subpart, any other legislation relating
to the trust, and consistent with other authority granted to the retirement board. Additionally,
in the event that the Legislature amends this subpart or makes other statutory changes that
impact the terms of the plan, the retirement board shall cause the plan to be amended as necessary
to reflect such legislation. (2) Any amendment which affects the rights, duties, or responsibilities
of the trustee may only be made with the trustee's written consent. Any such amendment shall
become effective as provided therein upon its execution. The trustee shall not be required
to execute an amendment unless such amendment affects the duties of the trustee hereunder.
(3) Except as otherwise specifically provided for...
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45-37-123.82
Section 45-37-123.82 Employee contributions. (a) Employee contributions generally. As a condition
of employment and of accruing benefits under the plan, each member shall contribute six percent
of such member's compensation to the plan. The employee contributions shall be after tax,
or if approved by the pension board such employee contributions shall be pre-tax and treated
as "picked-up" and contributed by the county to the plan pursuant to Section 414(h)(2)
of the Internal Revenue Code. The county shall process such employee contributions each payroll
period and the aggregate amount shall be deposited in the trust fund. Employee contributions
shall begin on the member's first paycheck after a member becomes eligible for membership
in the system as provided for in Section 45-37-123.50. In the event that the county fails
to withhold any employee contributions, the county may withhold such amounts, whether treated
by the county as after-tax contributions or treated as "picked-up"...
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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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45-37-123.101
Section 45-37-123.101 Postretirement joint survivorship pension. (a) Election of postretirement
joint survivorship pension. In lieu of a benefit under subsections (a) to (c), inclusive,
of Section 45-37-123.100, superannuation retirement benefit, early retirement benefit, or
deferred retirement benefit, respectively, a member may elect to receive a postretirement
joint survivorship pension. (1) PERCENTAGE ELECTION. In the event that a member desires to
elect pursuant to this subsection to receive a postretirement joint survivorship pension,
he or she shall elect one of the following percentages, which election shall be the actuarial
equivalent of the monthly retirement benefit provided in subsections (a) to (c), inclusive,
of Section 45-37-123.100, as applicable: a. Reduced monthly benefit payable over the life
of the member and the life of the member's designated beneficiary, 50 percent postretirement
joint survivorship pension. b. Reduced monthly benefit payable over the life of the...
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45-37-123.170
Section 45-37-123.170 Termination. In the event that the Legislature takes appropriate action
to terminate the plan, or in the event of a partial termination of the plan, all amounts shall
be allocated in accordance with the provisions hereof and the accrued benefit, to the extent
funded as of such date, of each affected member shall become fully vested and shall not thereafter
be subject to forfeiture. However, members who were not fully vested at the time they received
a complete distribution of their vested benefits prior to the date of termination, shall not
become entitled to any additional vested benefits on account of plan termination. The preceding
sentence does not apply to members affected by a partial termination by operation of law.
Upon full termination of the plan, the county shall direct the distribution of the assets
in the trust fund to the members. In such case, the trustee shall distribute the assets to
the remaining members in the plan and to retired members in cash...
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45-37-123.100
Section 45-37-123.100 Retirement benefits. (a) Superannuation retirement benefit. (1) ELIGIBILITY.
A member shall be eligible for a superannuation retirement benefit if: a. The member has 30
or more years of paid membership time, regardless of age; b. The member has 10 or more years
of paid membership time and has attained the age of 60; or c. The member has 30 years of service,
20 years of which are paid membership time, and has attained the age of 55. (2) CALCULATION
OF BENEFIT. If a member meets the foregoing eligibility criteria, then the member shall be
eligible to retire and receive a monthly benefit for the remainder of his or her life to be
determined by the following formula: a. Two and one-half percent multiplied by the basic average
salary multiplied by the number of years of paid membership time; plus b. Five-eights of one
percent multiplied by the basic average salary multiplied by the number of years of unpaid
membership time, if applicable. (3) SEVENTY-FIVE PERCENT...
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45-37-123.194
Section 45-37-123.194 Prohibition against diversion of funds. (a) Except as provided below
and otherwise specifically required by law, it shall be impossible by operation of the plan
or of the trust agreement, by termination of either, by power of revocation or amendment,
by the happening of any contingency, by collateral arrangement, or by any other means, for
any part of the corpus or income of any trust fund maintained pursuant to the plan or any
funds contributed thereto to be used for, or diverted to, purposes other than the exclusive
benefit of members, former members, or their beneficiaries; and no funds of the system, whether
in cash, securities, or otherwise, nor any income or yield thereof, shall be subject to or
exacted on account of, any tax; and no retirement or disability allowance or right to return
of contributions, or other benefits payable as set forth in the plan, shall be assignable
or be subject to execution, levy, attachment, garnishment, or other legal process....
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45-37-123.83
Section 45-37-123.83 Forfeitures, donations, and other similar contributions. The pension board
and county are authorized to contribute to the trust fund any monies received in the form
of donations, gifts, appropriations, bequests, or otherwise, or derived therefrom. Additionally,
any member or beneficiary who fails to make timely application for the amount of his or her
employee contributions pursuant to Section 45-37-123.104 shall be deemed to have forfeited
and donated such employee contributions to the trust fund. In no event shall any forfeitures
under the plan result in an increase in the benefit to be paid to any member. The pension
coordinator shall provide one certified letter to the member within 60 days following the
member's termination of employment advising the member of the foregoing forfeiture provisions.
See also Section 45-37-123.194 for additional forfeiture provisions. (Act 2013-415, p. 1586,
§2:4.4.)...
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11-98-13.1
Section 11-98-13.1 Permanent Oversight Commission on 911. (a) The Permanent Oversight Commission
on 911 is established. The commission shall do the following: (1) Study the operational and
financial condition of the current 911 systems within the State of Alabama and publish a report
detailing the same. (2) Study the rate charged for 911 services and make recommendations to
the board regarding adjustments to the rate. (3) Develop recommendations for the most efficient
and effective delivery of 911 services in Alabama over both the long- and short-term. (4)
Study the charges levied by each telecommunications provider to each communications district
for both data base and network charges. (5) Develop legislation necessary to implement its
long-term 911 plan. (6) Report its findings, recommendations, and proposed legislation to
the Legislature prior to the last day of the 2014 Regular Session. (b) The commission shall
remain in place until the later of the end of the 2014 Regular Session...
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