Code of Alabama

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45-37-123.51
Section 45-37-123.51 Determination of eligibility. The pension board shall determine
the eligibility of each employee for membership in the system based upon information furnished
by the Jefferson County Personnel Board or its designated agent. Such determination shall
be conclusive and binding upon all persons. Additionally, if the pension board makes a determination
upon an employee's date of hire by the employer that such employee is an eligible employee,
then such employee shall continue to participate in the plan, even if such employee subsequently
no longer meets the definition of an eligible employee under Section 45-37-123.01,
unless the pension board's initial determination was erroneous. (Act 2013-415, p. 1586, ยง2:3.2.)...

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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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36-27-6
Section 36-27-6 Participation of employees of counties, cities, towns, public or quasi-public
organizations, etc. - Generally. (a) The governing board of any county, city, town or public
or quasi-public organization of the state or of any political subdivision thereof or the Alabama
Extension Service and Agricultural Experiment Station System of Auburn University may, by
resolution legally adopted to conform to rules prescribed by the Board of Control, elect to
have its officers and employees from whatever sources and in whatever manner paid become eligible
to participate in the retirement system; and the Adjutant General of the state, with the approval
of the Governor, may, by application properly prepared and submitted in conformity with rules
prescribed by the Board of Control, elect to have those employees of the Alabama National
Guard employed pursuant to 32 U.S.C.A., Section 709, and paid from federally appropriated
funds, become eligible to participate in this retirement system....
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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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36-29-8
Section 36-29-8 Optional inclusion by persons eligible for coverage; submission of false
or misleading information. (a) All persons in the employment of the State of Alabama who are
eligible for coverage under the provisions of this chapter and the rules and regulations of
the board adopted pursuant thereto shall have the option to be included in such coverage and
shall have an option as to whether they will subscribe to such coverage for their dependents,
such option to be exercised in the manner and within the time limitation prescribed by the
board. (b) All persons who become employees of the State of Alabama, as defined by the terms
of this chapter and the rules and regulations promulgated by the board pursuant thereto, shall
have the option to become members of the plan hereby provided and shall have an option as
to whether they will subscribe to such coverage for their dependents; provided, that the exercise
of such option shall be contingent upon acceptance by the board subject...
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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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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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45-37-123.102
Section 45-37-123.102 Disability retirement benefits. (a) Non-service connected disability
benefits. Subject to subsection (h), any member who, after accumulating 10 years of paid membership
time, experiences a total disability as a result of a non-service connected disability shall
be entitled to receive, at the time set forth in subsection (e), monthly disability retirement
benefits determined in accordance with Section 45-37-123.100, as though the disabled
member were entitled to a superannuation retirement benefit at the commencement of the disability;
however, there shall be a percentage reduction of such benefit to reflect early commencement
of the payment, such percentage to be based on the member's whole years from actual eligibility
for a superannuation retirement benefit, as set forth below. Notwithstanding any provisions
to the contrary, the minimum monthly disability retirement benefit payable in connection with
a non-service connected disability shall be 50 percent of the...
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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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