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45-37A-51.10
Section 45-37A-51.10 Transfer of assets and powers. This section is added to this subpart to
transfer all assets and powers of the City of Birmingham Firemen's Pension and Relief Fund
created and provided by Act 389, 1935 Regular Session (Acts 1935, p. 847), as amended and
restated by Act 307, 1943 Regular Session (Acts 1943, p. 264), as amended by Act 632, 1967
Regular Session, (Acts 1967, p. 1441) to the City of Birmingham Firemen's and Policemen's
Supplemental Pension System and to repeal all laws, in conflict herewith. No pension benefits
or obligations under the Firemen's Pension and Relief Fund provided by Act 389, 1935 Regular
Session (Acts 1935, p. 847), as amended and restated by Act 307, 1943 Regular Session (Acts
1943, p. 264), as amended by Act 632, 1967 Regular Session (Acts 1967, p. 1441), [shall inure
to any participants, beneficiaries or retirees of the Supplemental Pension System. Section
6 of Act 632, 1967 Regular Session (Acts 1967, p. 1441), as amended], which...
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45-37A-51.160
Section 45-37A-51.160 General rule. Each qualified employee in the city who is in the classified
service or full-time unclassified service hired after January 1, 1989, including each qualified
employee in the full-time service of the police and fire departments shall be a participant
in the system, except as provided in Section 45-37A-51.161. Those officers and appointed employees,
who have not timely elected to participate as set forth in Section 45-37A-51.162, shall not
participate in the pension system. (Act 2006-339, p. 851, Art. IV, §1.)...
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36-27-51
Section 36-27-51 Credit to officer or employee for prior service with another eligible employer.
(a)(1) Any person who, as of October 1, 1996, is an officer or a regular employee of an employer
eligible to participate in the Employees' Retirement System under Section 36-27-6, and is
covered or eligible to be covered under the state Employees' Retirement System and who has
previously been employed by another employer eligible for participation under Section 36-27-6,
shall be eligible to receive up to 10 years of creditable service for employment rendered
to another employer eligible for participation in the Employees' Retirement System under Section
36-27-6 provided, that the member claiming the credit shall have attained not less than five
years of contributing membership service credit, exclusive of military service credit under
the Employees' Retirement System, the member shall not have received credit for the prior
service under any public retirement or pension plan except the...
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45-37A-51.195
Section 45-37A-51.195 New participants. (a) Credit for service with the county or other municipality
and with the city as a temporary employee hired on or after September 1, 1969, but before
July 1, 2009. (1) In the event a qualified employee becoming a participant herein on or after
September 1, 1969, shall have, prior to becoming a participant, been employed (i) by the county
under the provisions of a merit system applicable to the county, (ii) by any other municipality
in the county under the provisions of the merit system applicable to such municipality, or
(iii) by the city under the provisions of the merit system applicable to the city as a temporary
employee, he or she may receive credit for the prior service by paying to the city director
of finance within 60 days after a verified, written calculation has been provided to the participant
in an amount to be determined as follows: a. There shall first be determined the salary paid
the participant each month of the prior service...
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45-8A-22.118
in the plan, then the defined benefit dollar limitation of subsection (b) shall be multiplied
by a fraction, a. the numerator of which is the number of years, or part thereof, of participation
in the plan, and b. the denominator of which is 10. However, in no event shall such fraction
be less than 1/10th. Notwithstanding the foregoing, no adjustment shall be made to the defined
benefit dollar limitation for a distribution on account of a participant becoming disabled
by reason of personal injuries or sickness, or as a result of the death of a participant.
For purposes of this section, a "year of participation" means each accrual computation
period for which the following conditions are met: a. the participant 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 b. the participant is included as
a participant under the eligibility provisions of the plan for...
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13A-11-260
a. Taunting, teasing, tormenting, mistreating, spitting, shouting, inappropriate gesturing
or noises, or approaching in a menacing fashion. b. Poking, prodding, striking, or kicking.
c. Spraying, throwing, pushing, or otherwise projecting an item or substance, including a
flash of light or laser, in a manner likely to cause harm or distraction from duties. d. Placing
food, drugs, chemicals, poison, or other items in the path, area of operation, or containment.
(4) PHYSICAL HARM. Any injury, illness, or other impairment, regardless of its gravity
or duration. (5) POLICE ANIMAL. An animal, generally a dog or horse, which is not a human,
with specialized training or in the process of specialized training, which is used by, and
under the control of a peace officer, Class One Railroad Officer or special agent, or firefighter,
in the performance of his or her duties. (6) SEARCH AND RESCUE ANIMAL. Any animal with specialized
training or in the process of specialized training, which...
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36-30-1
Section 36-30-1 Definitions; dependents; persons eligible for compensation. (a) For the purposes
of this chapter, the following words and phrases shall have the following meanings: (1) AWARDING
AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4, Chapter
9 of Title 41. (2) COMPENSATION. The money benefits paid on account of injury or death
which occurred during the course of employment or activity as a peace officer or firefighter
and is in the nature of workers' compensation. (3) DEPENDENT CHILD. An unmarried child under
the age of 18 years, or one over the age of 18 who is physically or mentally incapacitated
from earning. (4) DIRECT AND PROXIMATE RESULT OF A HEART ATTACK OR STROKE. Death resulting
from a heart attack or stroke caused by engaging or participating in a situation while on
duty involving nonroutine stressful or strenuous physical law enforcement, fire suppression,
rescue, hazardous material response, emergency medical service, prison...
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45-37A-51.262
Section 45-37A-51.262 Life insurance; security. (a) Should a participant obtaining a loan terminate
employment for any reason, the participant shall be required to post security or collateral
to allow for payments on the loan to continue subsequent to retirement or repay the loan balance
within 60 days after termination, or the participant's retirement benefit under Division 6
shall be affected. The entire pension loan, including interest thereon, shall be paid in full
prior to receiving any pension benefits funds or return of contributions. Provided however,
if the participant is due to collect a retirement benefit beginning immediately upon termination,
the posting of insurance and/or security shall allow the payments to be deducted from the
participant's pension check. Such security may include a policy of insurance on his or her
life, all premiums payable by the participant, providing for the insurance company to repay
the unpaid balance of the loan in the event of his or her death...
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45-37A-51.284
Section 45-37A-51.284 Actuarial assumptions. (a) Effective date. Except as provided by the
Pension Benefit Guaranty Corporation (PBGC) and the Internal Revenue Service, the limitations
of this section shall first apply in determining the amount payable to a participant having
an annuity starting date in a fiscal year beginning on or after January 1, 2008. (b) Applicable
interest rate. For purposes of the fund's provisions relating to the calculation of the present
value of a benefit payment that is subject to § 417(e), Internal Revenue Code, as well as
any other fund provision referring directly or indirectly to the applicable interest rate
or applicable mortality table used for purposes of § 417(e), Internal Revenue Code, any provision
prescribing the use of the annual rate of interest on 30-year United States Treasury securities
shall be implemented by instead using the rate of interest determined by applicable interest
rate described by § 417(e), Internal Revenue Code, after its...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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