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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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