Code of Alabama

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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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45-37-123.150
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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45-37-123.22
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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45-37A-51.120
Section 45-37A-51.120 Definitions. (a) The following words, terms, and phrases, wherever
used in this subpart, including this section, shall have the meanings respectively
ascribed to them in this section, unless the context plainly indicates otherwise or
that a more restricted or extended meaning is intended: (1) ANNIVERSARY DATE. The date of
establishment and the month and day thereof annually thereafter. (2) APPOINTED EMPLOYEE. A
person who holds his or her office or position by reason of being appointed by the mayor or
city council or other appointing authority of the city; who is not a classified service employee;
and who serves solely at the pleasure of the respective appointing authority. (3) BASIC MONTHLY
EARNINGS and MONTHLY SALARY. Basic monthly compensation, exclusive of overtime or other forms
of extra compensation but including longevity pay, which shall be regarded as having been
received in equal monthly installments during each of the months prior to the accrual date...

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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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36-27-98
Section 36-27-98 Certain pensioners and annuitants, retired from local units before
units became members and receiving benefits, may receive increase; certain local units may
provide increase. (a) Any pensioner who retired from a city, town, county, or local board
before the city, town, county, or local board became a member of the Employees' Retirement
System, and who is receiving a monthly benefit on May 13, 1993, administered by the Employees'
Retirement System, may receive an increase in benefits in the amount of $60 per month if the
city, town, county, or local board elects to fund the increase, provided the pensioner retired
prior to October 1, 1992. For purposes of this section, a pensioner is a retiree who
earned retirement in any public pension plan created by the Legislature or a political subdivision.
(b) Any annuitant who retired from a city, town, county, or local board before the city, town,
county, or local board became a member of the Employees' Retirement System, and...
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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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45-37A-51.09
Section 45-37A-51.09 Compensation limits; forfeitures; required minimum. (a) Compensation
in excess of one hundred sixty thousand dollars ($160,000), or such other amount provided
in the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall
be adjusted for increases in the cost-of-living in accordance with Section 401(a)(17)(B),
except that the dollar increase in effect on January 1 of any calendar year shall be effective
for the fiscal years beginning with or within such calendar year. If compensation for any
prior determination period is taken into account in determining a participant member's benefits
for the current fiscal year, the compensation for such prior determination period is subject
to the applicable annual compensation limit in effect for that prior period. (b) Notwithstanding
the foregoing and to the extent applicable to governmental plans as such are defined in Section
414(d) of the Internal Revenue Code of 1986, as amended, in no event may...
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