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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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30-2-57
Section 30-2-57 Rehabilitative or periodic alimony. (a) Upon granting a divorce or legal separation,
the court shall award either rehabilitative or periodic alimony as provided in subsection
(b), if the court expressly finds all of the following: (1) A party lacks a separate estate
or his or her separate estate is insufficient to enable the party to acquire the ability to
preserve, to the extent possible, the economic status quo of the parties as it existed during
the marriage. (2) The other party has the ability to supply those means without undue economic
hardship. (3) The circumstances of the case make it equitable. (b) If a party has met the
requirements of subsection (a), the court shall award alimony in the following priority: (1)
Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall
award rehabilitative alimony to the party for a limited duration, not to exceed five years,
absent extraordinary circumstances, of an amount to enable the...
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16-25-150
Section 16-25-150 Participation in plan. (a) As governed by this subsection, there exists as
a part of this retirement system an optional account known as the Deferred Retirement Option
Plan, which may be cited as "DROP." The purpose of DROP is to allow, contractually,
in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued
employment for a specific period of time, coupled with the deferral of receipt of a retirement
allowance until the end of the period of participation, at which time the member shall withdraw
from service. (b) Participation in DROP is an option available to any member of this retirement
system who meets all of the following requirements: (1) Has at least 25 years of creditable
service exclusive of sick leave. (2) Is at least 55 years of age. (3) Is eligible for service
retirement. (c) An election to participate in DROP may be made in one year increments not
to exceed five years, nor to be less than three years. A member may...
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36-27-170
Section 36-27-170 Participation in plan. (a) As governed by this subsection, there exists as
a part of this retirement system, an optional account known as the Deferred Retirement Option
Plan, which may be cited as "DROP." The purpose of DROP is to allow, contractually,
in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued
employment for a specific period of time, coupled with the deferral of receipt of a retirement
allowance until the end of such period of participation, at which time the member shall withdraw
from service. (b) Participation in DROP is an option available to any member of this retirement
system who meets all of the following: (1) Has at least 25 years of creditable service exclusive
of sick leave. (2) Is at least 55 years of age, or in the case of a state police member, is
at least 52 years of age. (3) Is eligible for service retirement. (c) An election to participate
in DROP may be made in one year increments not to exceed five...
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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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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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45-37A-51.220
Section 45-37A-51.220 Normal retirement benefit. (a) A participant having attained age 60 or
older and having completed five or more years of credited service, or having completed 30
or more years of credited service without regard to age, shall be entitled upon his or her
voluntary retirement to a monthly retirement benefit equal to one of the following: (1) With
respect to a retiree who first became a participant on or before the first day of July after
nine years after date of establishment, forty percent of his or her final average salary,
plus one and three thousand three hundred thirty-four thousandths percent (1.3334%) of his
or her final average salary multiplied by his or her years of credited service in excess of
15 years. (2) With respect to a retiree who first becomes a participant subsequent to the
first day of July nine years after date of establishment, and becomes entitled to a normal
retirement benefit and retires on or before July 1, 1990, two percent of his or her...
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45-37A-51.230
Section 45-37A-51.230 Service connected death benefit. Should a participant be killed in the
line of his or her duty, there may be payable to his or her spouse and child or children a
service connected death benefit which shall be determined as follows: (1) SPOUSE BENEFIT.
The surviving spouse shall receive a monthly benefit equal to 60 percent of the monthly salary
of the deceased participant and shall additionally receive an amount equal to 10 percent of
the salary for each eligible child of the deceased participant. However, in no event shall
the monthly benefit payable to the spouse hereunder exceed 75 percent of the monthly salary
of the deceased participant. (2) CHILD OR CHILDREN BENEFIT. Should there be no surviving spouse
or should the surviving spouse fail to qualify hereunder, there shall be payable to or for
the benefit of such deceased participant's child or children a monthly benefit equal to 60
percent of the deceased participant's monthly salary as provided in Section...
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45-37A-51.246
Section 45-37A-51.246 Board of health department retirees' supplemental benefit. (a) Effective
July 1, 2006, in addition to the benefits described herein for normal retirement, ordinary
disability, and extraordinary disability, every participant retired from the health department
who has retired under the pension system herein, immediately following having been in the
board of health service, or who did not otherwise become eligible for a benefit calculated
at 2.5 percent per year after July 1, 2006, any such retiree of the board of health shall
receive an increase in the amount of seventy-five dollars ($75) per month; and any survivor
of such retiree or participant shall receive an increased monthly benefit based upon the applicable
percentage rate of benefit to which the survivor was otherwise entitled determined as of the
date of death of such retiree or participant. (b) No benefit shall be granted under this section
until an actuarial determination has been made that there are...
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45-8A-22.122
Section 45-8A-22.122 Proof of marriage and parentage. (a) When the spouse or children of an
active or retired participant shall be entitled to benefits under the plan, such spouse or
children shall make, or cause to be made, an application to the retirement board through the
secretary-treasurer which shall demonstrate (1) proof of the marriage of such participant
to the spouse or (2) the ages of the participant's children by birth certificate or other
competent evidence, as the case may be. All such applications and evidence of marriage and
parental relationships shall be kept and retained in the custody of the retirement board.
(b) The retirement board shall have the right to require such proper proof of parentage or
marriage and such other evidence as the retirement board deems desirable to determine eligibility
for or to deny a benefit. Such documentation may include, but not be limited to, a birth certificate,
a marriage certificate, and affidavits of relatives, participants, or...
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