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45-37-123.132
in the plan, then the defined benefit dollar limitation of Section 45-37-123.131(a) shall be
multiplied by a fraction, the numerator of which is the number of years, or part thereof,
of participation in the plan, and the denominator of which is 10. However, in no event shall
such fraction be less than one-tenth. Notwithstanding the foregoing, no adjustment shall be
made to the defined benefit dollar limitation for a distribution on account of a member becoming
disabled by reason of personal injuries or sickness, or as a result of the death of
a member. For purposes of this subsection, a year of participation means each accrual computation
period for which the following conditions are met: The member is credited with a period of
service for benefit accrual purposes, required under the terms of the plan in order to accrue
a benefit for the accrual computation period, and the member is included as a member under
the eligibility provisions of the plan for at least one day of the...
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45-37-123.133
Section 45-37-123.133 Annual benefit not in excess of $10,000. (a) The plan may pay an annual
benefit to any member in excess of the member's maximum annual benefit if the annual benefit
derived from employer contributions under the plan and all other defined benefit plans maintained
by the county does not in the aggregate exceed ten thousand dollars ($10,000) for the limitation
year or for any prior limitation year and the county has not at any time maintained a defined
contribution plan, a welfare benefit fund under which amounts attributable to postretirement
medical benefits are allocated to separate accounts of key employees, as defined in § 419(A)(d)(3),
Internal Revenue Code, or an individual medical account in which the member participated.
For purposes of this section, if the plan provides for voluntary or mandatory employee contributions,
such contributions shall not be considered a separate defined contribution plan maintained
by the county. (b) However, if a member has...
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45-37-123.134
Section 45-37-123.134 Purchase of permissive service credit. (a) In general. If a member makes
one or more contributions to the plan to purchase permissive service credit under the plan,
the requirements of § 415, Internal Revenue Code, shall be treated as met with respect to
these contributions if: (1) The requirements of § 415(b), Internal Revenue Code, are met,
determined by treating the accrued benefit derived from all such contributions as an annual
benefit for purposes of § 415(b), Internal Revenue Code, provided, however, the plan shall
not fail to meet the reduced limit under § 415(b)(2)(C), Internal Revenue Code, solely by
reason of this section; or (2) The requirements of § 415(c), Internal Revenue Code, are met,
determined by treating all such contributions as annual additions for purposes of § 415(c),
Internal Revenue Code, provided, however, the plan shall not fail to meet the percentage limitation
under § 415(c)(1)(B), Internal Revenue Code, solely by reason of...
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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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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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45-8A-22.109
trust. (a) The secretary-treasurer shall receive contributions to the trust that shall consist
of the following: (1) All of the money, securities, things of value, and assets belonging
to any similar fund now being maintained by the City of Anniston. (2) All money or properties
that may be given or donated by any person, firm, association, or corporation for the uses
and purposes for which the trust is created, and the retirement board may take by gift, grant,
devise, or bequest, any money, personal property or real estate, or any interest therein
or any right of property for the benefit of the trust. (3) Participant Contributions. a. Employee
Contributions. Effective prior to October 1, 2002, 10 percent of each participant's monthly
compensation, including overtime and any other pay, which shall be deducted from such compensation
and paid to the secretary-treasurer on or before the tenth day each month next succeeding
the month in which such compensation is earned. b. Pick-Up...
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12-5A-9
Section 12-5A-9 Participation of eligible employees in Employees' Retirement System; creditable
service; formal leave accounting system; inclusion in health insurance plan. (a) Class specifications
and rates of compensation for employees covered by this chapter, juvenile probation officers,
juvenile probation professional staff, and clerical staff, hereafter called "eligible
employees," and any future employees occupying those positions shall be established by
the Administrative Director of Courts. Notwithstanding the foregoing, the compensation of
any employee shall not be diminished as a result of his or her inclusion in the state court
system personnel system. (b) Eligible employees included in the state court system personnel
system pursuant to this chapter shall, on October 1 of the year their county transitions,
be covered by the Employees' Retirement System. An employee who on that date is participating
in a local retirement plan other than a unit administered by the Employees'...
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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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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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36-27-24
Section 36-27-24 Funds for assets of retirement system - Creation; composition; disposition
of funds; appropriations. (a) Effective October 1, 1997, all the assets of the retirement
system shall be credited according to the purpose for which they are held among three funds,
namely, the Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The
operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued
as of such date and the balance of the former Pension Reserve Fund shall be transferred to
the Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be
transferred to the Pension Accumulation Fund. (b) Annuity Savings Fund. The Annuity Savings
Fund shall be a fund in which shall be accumulated contributions from the compensation of
members to provide for their annuities. Contributions to and payments from the Annuity Savings
Fund shall be made as follows: Effective October 1, 1971, each employer shall...
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