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16-25A-44
Section 16-25A-44 Participation of employees; purchase of benefits. In order to carry out the
provisions of the flexible employee benefit plan or any long-term care plan, or both, the
head of each department, agency, board of education, or other employer with employees as defined
by Section 16-25A-1 shall provide, at no local administrative cost to the employee, the flexible
employee benefit plan as provided for in this article to every employee and is authorized
on behalf of the state to deduct or reduce from salary or wages amounts voluntarily designated
by the employees pursuant to salary reduction agreements or benefit deduction agreements for
purchasing benefits offered under the plan and such reduction from salary and wages shall
be remitted to the board for administration of the program. Employers with employees as defined
by Section 16-25A-11 must offer such benefits as required by and under such conditions as
established by the board. (Act 2004-650, 1st Sp. Sess., p. 31, §5.)...
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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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45-37-123.109
Section 45-37-123.109 Participant distribution notice. (a) The pension board shall during the
30 to 180 day period before making an eligible rollover distribution, provide a written explanation
to the recipient: (1) Of the provisions under which the recipient may have the distribution
directly transferred to an eligible retirement plan and that the automatic distribution by
direct transfer applies to certain distributions in accordance with § 401(a)(31)(B), Internal
Revenue Code; (2) Of the provision which requires the withholding of tax on the distribution
if it is not directly transferred to an eligible retirement plan; (3) Of the provisions under
which the distribution shall not be subject to tax if transferred to an eligible retirement
plan within 60 days after the date on which the recipient received the distribution; (4) If
applicable, of the provisions of §§ 402(d) and 402(e), Internal Revenue Code; (5) Of the
provisions under which distributions from the eligible retirement...
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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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45-37A-51.08
Section 45-37A-51.08 Retroactive Deferred Retirement Option Plan. (a) A member who retires
at least 90 days following the effective date of this section, who has then completed at least
26 years, but less than 30 years, of credited service, and who is otherwise entitled to retire
and receive a monthly retirement allowance under the supplemental pension system, shall have
the opportunity to elect a Back DROP plan. A member eligible for the Back DROP plan may elect,
in writing at his or her retirement to retroactively drop his or her credited service in excess
of 23 years, for a period of months not exceeding 36 months immediately preceding the date
of retirement, the Back DROP period. A member who is not actively employed may not make a
Back DROP election to be effective, a Back DROP election by a married member shall be approved
in writing by his or her spouse. (b) Notwithstanding subsection (a) and subsection (d) of
Section 45-37A-51.07 in effect as of the date of the member's...
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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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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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45-8A-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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19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this section:
(1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation, assignment
at law or in equity, alienation, attachment, garnishment, levy, execution, or other legal
or equitable process. The term includes: (i) any arrangement providing for the payment to
the employer or other sponsor of such plan of benefits that otherwise would be due the participant
under the plan; (ii) any direct or indirect arrangement, whether revocable or irrevocable,
whereby any person acquires from a participant or beneficiary of such plan a right or interest
enforceable against the plan in, or to, all or any part of a plan benefit which is, or may
become, payable to the participant or beneficiary; (iii) any attachment, execution, seizure,
or the like, or under any form of legal process whatsoever; and (iv) the operation of any
bankruptcy or insolvency laws under 11 U.S.C. § 522(b) as from...
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41-14A-6
Section 41-14A-6 Establishment of SAFE board of directors; powers and duties of the board of
directors. (a) There is hereby established a Board of Directors of the SAFE Program charged
with responsibility and authority to assess and manage the sufficiency of the collateral pool
and the SAFE Program to provide adequate protection from losses to public depositors. In exercising
its powers and performing its responsibilities, the board of directors shall constitute a
body politic under the laws of the state performing the public function of assuring the safety
of public deposits. (b) The State Treasurer shall be a permanent, standing, voting member
of the board of directors and shall serve as its chair. The Superintendent of Banks shall
be a permanent, standing, non-voting member of the board of directors. The remaining six members
shall each possess knowledge, skill, and experience in one or more of the following areas:
(1) Financial analysis. (2) Trend analysis. (3) Accounting. (4)...
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