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45-49A-63.133
Section 45-49A-63.133 Expenses of administration. Except as may be otherwise specified
in this plan, all expenses that arise in connection with the administration of the plan including,
but not limited to, the compensation and other expenses and charges of any counsel, accountant,
specialist, or other person who has been retained by the board in connection with the administration
of the plan, shall be paid from the fund to the extent not paid by the city. (Act 97-689,
p. 1379, ยง 8(7.14).)...
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45-37-123.23
Section 45-37-123.23 Records and reports. (a) Records. The pension board shall keep
a record of all of its proceedings, which shall be open to public inspection. Additionally,
the pension board shall keep all other books of account, records, policies, compensation records,
service records, and other data that may be necessary for proper administration of the plan
and shall be responsible for supplying all information and reports to the Internal Revenue
Service, members, beneficiaries, and others as may be required by law. (b) Correction of records.
(1) The pension board shall correct any error in a member's service record which the pension
board concludes is necessary to correct or remove an injustice or prevent a member from receiving
less or more than such member is entitled to receive under the plan. The pension board shall
adopt written rules prescribing the procedure the pension board shall follow in considering
whether an error in an employee's service record should be corrected....
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45-8A-22.119
Section 45-8A-22.119 Death benefits. (a) Participant Death in the Line of Duty. (1)
Effective for Deaths Occurring Before October 1, 2012. a. Surviving Spouse. If a participant
dies as a result of injuries received in the line of duty and leaves a surviving spouse, the
retirement board shall direct the payment to the surviving spouse of a monthly pension equal
to Option B-100 percent joint and survivor plan, described in Section 45-8A-22.120,
based on a 30-year service retirement. b. No Surviving Spouse and Surviving Children. If a
participant dies as a result of injuries received in the line of duty and leaves no surviving
spouse or the surviving spouse should die, and if the participant leaves a surviving child
or children under the age of 18 years, then a benefit of 50 percent of the amount the participant
would have been paid under the 100 percent joint and survivor plan based on a 30-year service
retirement shall be paid to the legal guardian of the child or children then under...
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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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11-40-18.2
Section 11-40-18.2 Liability and indemnification under firemen's and policemen's supplemental
pension system. In the absence of wantonness or willful misconduct, in any Class 1 municipality,
the board of firemen and policemen for the Class 1 municipality, the members of the board
of firemen and policemen, and any officer, employee, or agent of a Class 1 municipality or
of the board of firemen and policemen shall not incur any liability, individually or on behalf
of any other individuals or on behalf of a Class 1 municipality or the board of firemen and
policemen in a Class 1 municipality, for any act or failure to act in relation to the plan
or the fund of any firemen's and policemen's supplemental pension system established pursuant
to Act 556 of the 1959 Regular Session (Acts 1959, p. 1376). In the absence of wantonness
or willful misconduct, officers and members of the board, employees in any Class 1 municipalities,
and agents of any Class 1 municipality and of the board of firemen...
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11-43-86
Section 11-43-86 Compensation of mayor, etc., of Class 1 municipality; mayor authorized
to attend certain meetings, etc.; applicability of section. (a) The mayor or other
chief executive officer of any Class 1 city shall be paid, in addition to the compensation
provided by law for the office, the additional sum of $1,833.33 per month, payable in advance
on the first day of each month as an allowance for expenses incident to the office of mayor,
for which the mayor shall not be required to file an accounting. (b) All other provisions
of law notwithstanding, the mayor may elect in writing to have the expense allowances authorized
by subsection (a) and by subsection (a) of Section 11-43-7.1 treated as subject to
withholding of any employee contribution required to be paid into the trust fund provided
under any pension or retirement system in which the mayor is eligible to participate. The
mayor may also elect in writing within 90 days of October 9, 1992 to pay into the pension
or...
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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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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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45-49A-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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45-37-123.108
Section 45-37-123.108 Direct rollovers. Except as otherwise specifically provided in
this section, this section shall be effective as of January 1, 1993. (1) ROLLOVERS
GENERALLY. a. Notwithstanding any provision of the plan to the contrary that would otherwise
limit a distributee's election under this section, a distributee, at the time and in
the manner prescribed by the pension board, may elect to have any portion of an eligible rollover
distribution that is equal to at least two hundred dollars ($200) paid directly to an eligible
retirement plan specified by the distributee in a direct rollover. b. For purposes of this
subdivision, the following definitions shall apply: 1.(i) An eligible rollover distribution
is any distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: Any distribution that is one
of a series of substantially equal periodic payments, not less frequently than annually, made...
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