Code of Alabama

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45-37A-51.236
death prior to commencement of accrual of a retirement allowance in his or her favor. Any such
designation may be changed from time to time by an employee member. Each such designation
shall be signed and dated by the employee member, and the last signed and dated designation
shall prevail over any former designation. The rights of the last designated severance beneficiary
shall be governed by Section 45-37A-51.235. (b) If a firefighter or police officer has executed
an instrument providing for the board of managers of the supplemental pension system established
by Subpart 1 to receive return of contributions made by him or her in the event of his or
her death, then the right of the board of managers to receive the return of the contributions
shall prevail over the claim of the severance beneficiary, or spouse, or children, or father,
or mother, or sisters, or brothers, or personal representative of such deceased firefighter
or police officer. (Act 2006-339, p. 851, Art. VI, ยง18.)...
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45-37A-51.12
Section 45-37A-51.12 Refund of contributions for certain participants. It is hereby provided
that the provisions of those sections of Act 929 as amended by Act 1272, 1973 Regular Session
(Acts 1973, p. 2141), hereinafter in this section specified shall apply (except as hereinafter
provided) to the supplemental pension system in the same manner in which the same provisions
of the sections hereinafter specified apply to the general retirement and relief system established
by Act 929. The sections of Act 929 (including any amendments thereof heretofore made) which
shall apply to this supplemental pension system are the following sections of Act 929: Article
VI, Section 16 (entitled Termination of Employment Ineligibility - Return of Contributions);
Section 17 (entitled Payment of Return of Contributions); Section 18 (entitled Designation
of Severance Beneficiary); Article V, Section 6 (entitled Refund of Erroneous Contributions);
Article VII, Section 1 (entitled Liabilities of Employee...
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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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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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45-37-123.01
RETIREMENT BENEFIT. A benefit payable pursuant to the terms of subsection (a) of Section 45-37-123.100.
(52) SYSTEM or PLAN. The General Retirement System for Employees of Jefferson County, which
system or plan may sue or be sued, and in such name all of its business shall be transacted.
(53) SPOUSE. The legal wife or husband of a member as determined in accordance with federal
law. (54) TOTAL DISABILITY. A permanent physical or mental condition of a member resulting
from bodily injury, disease, or mental disorder which renders such member incapable
of continuing usual and customary employment with the county. The disability of a member shall
be determined by a licensed medical advisor. (55) TRUSTEE. The pension board or the person
or entity appointed by the pension board and named as trustee herein or in any separate trust
forming a part of the plan, and any successors. (56) TRUST FUND. The tax-qualified trust in
which certain plan funds are held, disbursed, transferred,...
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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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45-37A-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-51.11
or police officer who has not executed within the time hereinafter specified an instrument
which shall provide that in the event of his or her death the board of managers of this supplemental
pension system shall receive the return of any contributions made by him or her to this supplemental
pension system and to the general retirement and relief system created by Act 929, which if
he or she had not executed the instrument would be returnable to his or her severance nominee,
his or her personal representative, his or her spouse, children, father, mother, sisters
or brothers of the deceased, or to any other person. (2) To render this section applicable,
firefighters and police officers who have accumulated as much as five years of credited service
under Act 929 may execute the instrument at any time within 90 days from the date on which
this subsection becomes effective; and firefighters or police officers who have not accumulated
as much as five years of credited service on the...
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45-37-123.101
Section 45-37-123.101 Postretirement joint survivorship pension. (a) Election of postretirement
joint survivorship pension. In lieu of a benefit under subsections (a) to (c), inclusive,
of Section 45-37-123.100, superannuation retirement benefit, early retirement benefit, or
deferred retirement benefit, respectively, a member may elect to receive a postretirement
joint survivorship pension. (1) PERCENTAGE ELECTION. In the event that a member desires to
elect pursuant to this subsection to receive a postretirement joint survivorship pension,
he or she shall elect one of the following percentages, which election shall be the actuarial
equivalent of the monthly retirement benefit provided in subsections (a) to (c), inclusive,
of Section 45-37-123.100, as applicable: a. Reduced monthly benefit payable over the life
of the member and the life of the member's designated beneficiary, 50 percent postretirement
joint survivorship pension. b. Reduced monthly benefit payable over the life of the...
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45-37-123.54
Section 45-37-123.54 Rehired members. If a member of the system severs employment with the
county or his or her term in an elected or appointed job or position terminates, and such
member thereafter returns to the service of the county, he or she shall become a member of
the system to the extent he or she meets the definition of an eligible employee, subject to
the following rules: (1) MEMBER RECEIVING A PENSION BENEFIT. If a member is receiving his
or her pension benefit on account of retirement and such member returns to the service of
the county, any amount otherwise payable by the system to such member on account of such member's
retirement shall be reduced by the amount, if any, paid or payable to such member by the county
on account of or by reason of the reemployment of such member. At the time the member thereafter
severs employment with the county, such member's pension benefit shall return to the amount
it was prior to the member's reemployment. Accordingly, notwithstanding...
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