Code of Alabama

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45-37A-51.229
Section 45-37A-51.229 Eligibility for survivor's benefits. (a) The surviving spouse of the
deceased or participant described in Section 45-37A-51.228 shall be eligible to receive a
survivor's benefit. The next foregoing sentence shall apply to a spouse married to the retiree
or participant at the time of such retiree's or participant's death, regardless of whether
the marriage occurred before or after the retiree's or participant's departure from service.
The surviving spouse shall continue to be eligible to receive the monthly survivor's benefit
until he or she shall die or remarry, whichever shall first occur. If a survivor's benefit
ceases because the survivor remarries, in the event the marriage is terminated by annulment,
divorce, or death of the survivor's spouse, then on such termination the survivor shall be
eligible to receive the survivor's benefits. (b) In the event the deceased retiree or participant
should not be survived by his or her spouse or in the event the spouse...
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45-37A-51.07
Section 45-37A-51.07 Retirement allowance and survivor's allowance. (a)(1) The words, terms,
and phrases of this section shall have the meaning ascribed to them by Act 929, unless it
appears from the context that a different meaning is intended. As used in this section and
Section 45-37A-51.11, these words and terms have the meanings hereby accorded them: a. DEFERRED
PENSION UNDER THE GENERAL RETIREMENT AND RELIEF SYSTEM. A pension granted to a firefighter
or police officer under Act 929, the payment of which does not commence until the pension
granted to such firefighter or police officer under this subpart ceases. b. DISABLED CHILD.
A firefighter's or police officer's son or daughter regardless of age who becomes disabled
prior to attaining age 18 with a medically determinable physical or mental impairment or impairments,
by reason of which impairment, or impairments, the son or daughter has been unable, and continues
to be unable, to engage in any substantially gainful activity. c....
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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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45-49A-63.63
Section 45-49A-63.63 Death. (a) If a member eligible for a retirement benefit under Section
45-49A-63.60 or a member eligible for a benefit under subsection (a) of Section 45-49A-63.62
dies prior to his or her annuity starting date, his or her eligible family members shall receive
a benefit equal to the greater of (i) the benefit they would have received had the member
met the requirements of Section 45-49A-63.60 or subsection (a) of Section 45-49A-63.62 of
the plan, as the case may be, retired, or terminated employment on the day preceding his or
her death and begun to receive his or her benefit in accordance with the 50 percent survivor's
benefit in Option 2 of Section 45-49A-63.81 or (ii) a single sum equal to the lesser of (A)
twice the member's contributions to the plan under Section 45-49A-63.102 or (B) the sum of
the member's contributions to the plan under Section 45-49A-63.102 plus five thousand dollars
($5,000). The benefit in clause (i) shall be converted to a single sum of...
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45-37A-51.232
Section 45-37A-51.232 Firefighters' and police officers' supplemental pension survivors pension.
Effective as of July 1, 2002, in the event a firefighter or police officer retires under the
supplemental pension system established by Subpart 1, after having accumulated 20 years of
credited service under the system and shall die prior to the date on which the participant
would have accumulated 30 years of credited service under this system had he or she not retired
but had he or she continued in employment with the city, without interruption, as a firefighter
or police officer, the participant's survivor or survivors shall not receive any benefit therefrom.
However, should the retired firefighter or police officer die subsequent to the date on which
he or she would have accumulated 30 years of credited service hereunder, and should the retiree
or participant be survived by a spouse to whom he or she was legally married at the time of
the retiree's or participant's death, regardless of...
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45-37A-51.228
Section 45-37A-51.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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45-37A-52.228
Section 45-37A-52.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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45-8A-22.120
Section 45-8A-22.120 Optional benefit plans. (a) Optional Plans. Any participant terminating
service on or after January 1, 1989, pursuant to the terms of Section 45-8A-22.113, Section
45-8A-22.114, or Section 45-8A-22.116 shall, within 20 days of the effective date of termination
have the option of electing a pension plan with or without death benefits from one of the
following three optional plans: (1) Option A-Fifty Percent Joint and Survivor Plan. a. A participant
having elected Option A shall, during his or her lifetime, receive a monthly benefit from
the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116.
b. In the event that a participant dies from any cause and leaves a surviving spouse, the
retirement board shall direct the payment to the spouse of a monthly pension equal to 50 percent
of the amount of the pension being paid to the participant at the time of his or her death;
provided, however, with respect to retirements pursuant to...
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45-37A-51.231
Section 45-37A-51.231 Eligibility for service connected death benefit. (a) The survivors of
the deceased participant described in Section 45-37A-51.229 shall be eligible to receive a
service connected death benefit if they continued to be legally married on the date of the
death of the deceased participant. Further, the survivor shall continue to be eligible to
receive the monthly service connected death benefit until he or she shall die or remarry,
whichever shall first occur. (b) Service connection death benefits attributable or payable
to or on behalf of the deceased participant's child or children shall only be payable with
respect to such child or children who are both unmarried and 18 years of age or younger except
that with respect to an unmarried child or children who shall continue to be a student regularly
attending school, or unmarried and disabled children, benefits shall continue to be payable
until they attain age 23. (Act 2006-339, p. 851, Art. VI, ยง13.)...
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45-8A-22.118
Section 45-8A-22.118 Maximum benefits; limitations; adjustments. (a) Annual Benefit and Final
Regulations Under Internal Revenue Code Section 415. (1) Annual Benefit. For purposes of this
section, "annual benefit" means the benefit payable annually under the terms of
the plan, exclusive of any benefit not required to be considered for purposes of applying
the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight
life annuity with no ancillary benefits. If the benefit is payable in any other form, the
annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to
subsection (c). (2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding
anything in this section to the contrary, the following provisions apply beginning on or after
January 1, 1976, except as otherwise provided in this section. a. Incorporation by Reference.
The limitations, adjustments, and other requirements prescribed in the plan shall...
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