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45-37-123.150
Section 45-37-123.150 Amendments. (a) The pension board shall have the right at any
time to amend the plan, subject to the limitations of this section. Any amendment shall
be consistent with the act, any other legislation relating to the system, or consistent with
other authority granted to the pension board. Additionally, in the event that the Legislature
amends the act or makes other statutory changes that impact the terms of the plan, the pension
board shall cause the plan to be amended as necessary to reflect such legislation. The pension
board, and each of its individual members, when acting in its or their official capacity,
shall be immune from civil liability against the claims of any individual, member, or other
entity of any nature whatsoever arising out of the pension board's or its members' administration
of the plan or related to its decisions or actions, which decisions or actions were made in
good faith, without malice, and predicated upon information that was then...
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45-49A-63
Section 45-49A-63 Definitions. As used in this part, the following words and terms shall
have meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is
payable as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY.
The person or persons named by a member by written designation filed with the board to receive
payments under this plan after the member's death. The member may not change his or her beneficiary
after his or her annuity starting date. If no beneficiary designation is in effect at the
member's death, or if no person so designated survives the member, the member's surviving
spouse, if any, shall be deemed to be the beneficiary, otherwise the beneficiary shall be
the member's estate. (3) BOARD. The Police and Fire Pension Board as constituted under Section
45-49A-63.120, or its delegate. (4) BREAK IN SERVICE. A period of absence which would constitute
a break in the member's service under the Mobile County Personnel Board rules;...
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45-37-123.104
Section 45-37-123.104 Withdrawal and refund of employee contributions. The following
provisions generally govern a member's withdrawal and refund of employee contributions under
the plan. Any member who fails to make application for the amount of his or her employee contributions
pursuant to this section within five years after his or her separation from the service
of the county, except as otherwise provided herein or otherwise determined by the pension
board, shall be deemed to have forfeited and donated such employee contributions to the trust
fund pursuant to Section 45-37-123.83. The foregoing five year rule only applies to
a member; in the case of a beneficiary, the pension board may only forfeit employee contributions
after it has exhausted reasonable efforts to locate the beneficiary. (1) WITHDRAWAL OF EMPLOYEE
CONTRIBUTIONS BY MEMBERS NOT ENTITLED TO A DEFERRED RETIREMENT BENEFIT. In the event that
a member ceases to be an employee of the county for reasons other than...
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36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT,
ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan
member who withdraws from service upon or after attainment of age 60 and any Tier II plan
member who withdraws from service upon or after attainment of age 62 may retire upon written
application to the Board of Control setting forth at what time, not less than 30 days nor
more than 90 days subsequent to the execution and filing thereof, he or she desires to be
retired; provided, that any such member who became a member on or after October 1, 1963, shall
have completed 10 or more years of creditable service; provided further, that a Tier I plan
member employed as a state policeman shall be eligible to file application for service retirement
upon attaining age 52 and a Tier II plan member employed as a state policeman or employed
as a correctional officer, firefighter, or law enforcement officer as defined...
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16-25-14
Section 16-25-14 Retirement of members; benefits generally. (a)(1) Any Tier I plan member
who withdraws from service upon or after attainment of age 60 and any Tier II plan member
who withdraws from service upon or after attainment of age 62, or in the case of a Tier II
plan member who is a correctional officer, firefighter, or law enforcement officer as defined
in Section 36-27-59, who withdraws from service upon or after attainment of age 56
with at least ten years of creditable service as a correctional officer, firefighter, or law
enforcement officer may retire upon written application to the Board of Control setting forth
at what time, not less than 30 days nor more than 90 days subsequent to the execution and
filing thereof, he or she desires to be retired; provided, that any such member who became
a member on or after October 1, 1963, shall have completed 10 or more years of creditable
service. (2) Any Tier I plan member who has attained age 60 and any Tier II plan member who...
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45-37-123.151
Section 45-37-123.151 Benefit enhancements. (a) Specifically, but not in limitation
of the pension board's authority to amend the plan as set forth in Section 45-37-123.150,
the pension board may amend the plan to increase or enhance member benefits by cost-of-living
increase, lump sum payment, or in any other form or manner as the pension board may prescribe,
provided that such benefit increases or enhancements have been: (1) Certified in a written
opinion by a competent actuary that the trust fund and the anticipated receipts and liabilities
are sufficient to pay for the increase or enhancement; and (2) Set forth in written rules
and regulations adopted by the pension board. (b) In no event shall a member be entitled to
any benefit increase or enhancement, including any cost-of-living increase. (Act 2013-415,
p. 1586, §2:7.2; Act 2019-243, §1.)...
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45-37-123.01
Section 45-37-123.01 Definitions. For the purposes of this part, the following terms
shall have the following meanings: (1) ACT. The act adding this part, to be called the General
Retirement System for Employees of Jefferson County Act. (2) ACTIVE MEMBER. An individual
who currently is employed by the county or other entities set forth in subdivision (20) and
is making employee contributions to the system. (3) ACTUARIAL EQUIVALENT. Effective July 30,
1984, or such other dates as set forth in Exhibit A, which is maintained in the office of
the pension board, a form of benefit differing in time, period, or manner of payment from
a specific benefit provided under the plan but having the same value when computed using the
mortality tables, the interest rate, and any other assumptions last adopted by the pension
board, which assumptions shall clearly preclude any discretion in the determination of the
amount of a member's benefit. (4) ACTUARIAL GAIN. As defined in Section...
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45-37-123.22
Section 45-37-123.22 Powers and duties of the pension board. (a) The pension board shall
be responsible for the general administration and proper operation of the plan, and shall
administer the plan for the exclusive benefit of the members and their beneficiaries, subject
to the specific terms of the plan. The pension board shall administer the plan in accordance
with its terms and shall have the power and discretion to construe the terms of the plan and
the act and to determine all questions arising in connection with the administration, interpretation,
and application of the plan. Any such determination by the pension board shall be conclusive
and binding upon all persons. The pension board may establish procedures, correct any defect,
supply any information, or reconcile any inconsistency in such manner and to such extent as
shall be deemed necessary or advisable to carry out the purpose of the plan; provided, however,
that any procedure, discretionary act, interpretation, or...
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45-37-123.103
Section 45-37-123.103 Death benefits. (a) Preretirement death benefits. A vested member's
beneficiary is entitled to a preretirement joint survivorship pension, as described below.
(1) MARRIED MEMBER. If a married, active member dies, then the beneficiary may elect, on a
form provided by the pension board, to be paid in one of the following forms: a. One Hundred
Percent Preretirement Joint Survivorship Pension. If such member was eligible for a deferred
retirement benefit at the time of the member's death, then the beneficiary may elect to be
paid in the form of a 100 percent preretirement joint survivorship pension, which is a monthly
annuity paid during the beneficiary's lifetime which is equal to the actuarial equivalent
of the benefits that would have been paid to the member if, instead of dying, the member had
terminated employment; or b. Refund. The beneficiary may elect a refund of the member's employee
contributions in accordance with Section 45-37-123.104(4)b. (2) UNMARRIED...
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36-27-1
Section 36-27-1 Definitions. When used in this article, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
RETIREMENT SYSTEM. The Employees' Retirement System of Alabama as defined in Section
36-27-2. (2) EMPLOYEE. Any regular employee of the State of Alabama whose salary is paid by
state warrant by the state, except a member of the Legislature of the state, a person who
is covered or eligible to be covered under the Teachers' Retirement System of Alabama or any
other retirement system to which contributions are made by the state, an elective official
of the state government, and a temporary employee or person engaged under retainer or special
agreement. In all cases of doubt the Board of Control shall determine who is an employee within
the meaning of this article. The term shall include any regular employee of the Alabama state
hospitals and Partlow State School and Hospital and the Alabama State Port Authority,...
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