Code of Alabama

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36-27-98
Section 36-27-98 Certain pensioners and annuitants, retired from local units before units became
members and receiving benefits, may receive increase; certain local units may provide increase.
(a) Any pensioner who retired from a city, town, county, or local board before the city, town,
county, or local board became a member of the Employees' Retirement System, and who is receiving
a monthly benefit on May 13, 1993, administered by the Employees' Retirement System, may receive
an increase in benefits in the amount of $60 per month if the city, town, county, or local
board elects to fund the increase, provided the pensioner retired prior to October 1, 1992.
For purposes of this section, a pensioner is a retiree who earned retirement in any public
pension plan created by the Legislature or a political subdivision. (b) Any annuitant who
retired from a city, town, county, or local board before the city, town, county, or local
board became a member of the Employees' Retirement System, and...
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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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45-37A-51.130
Section 45-37A-51.130 Board of managers. The system shall be administered by a board of managers
consisting of nine members as follows: (1) The mayor of the city, who shall serve as chair.
(2) A member appointed by the personnel board of the city. (3) A participant in the system,
who shall be a general employee elected by a majority of the votes cast by the general employees
of the city who are active participants in the system. (4) A member appointed by the mayor.
(5) A person who is not a participant in the system, who shall be elected by a majority of
the votes cast by the participants in the system. (6) A police officer, who shall be elected
by a majority of the votes cast by the police officers who are participants in the system.
(7) A firefighter, who shall be elected by firefighters who are participants in the system.
(8) A second participant in the system, who shall be a general employee elected by a majority
of the votes cast by the general employees of the city who are active...
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36-27-21.7
Section 36-27-21.7 Cost-of-living increases to certain retirees whose retirement is based on
employer participation under Section 36-27-6; amounts; election by employer; construction
of section. (a) There is hereby provided, to each pensioner, annuitant and retiree of any
retirement plan other than the Employees' Retirement System whose retirement is based upon
service to an employer participating in the Employees' Retirement System under Section 36-27-6,
and whose effective date of retirement is prior to October 1, 1989, a cost-of-living increase
of ten percent of his current monthly benefit; provided, however, such increase shall not
be less than $20.00 nor more than $50.00 per month. (b) There is hereby provided, to each
pensioner whose retirement is based upon service to an employer participating in the Employees'
Retirement System under Section 36-27-6, but who retired prior to such employer's participation
in the said Employees' Retirement System and who receives a monthly...
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36-29-19.7
Section 36-29-19.7 Retiree contribution based on years of service. (a) The board shall set
forth the employer contribution to the health insurance premium for each retiree class. (b)
For employees who retire other than for disability after September 30, 2005, but before January
1, 2012, the employer contribution to the health insurance premium set forth by the board
for each retiree class shall be reduced by two percent for each year of service less than
25 and increased by two percent for each year of service over 25, subject to adjustment by
the board for changes in Medicare premium costs required to be paid by a retiree. In no case
shall the employer contribution of the health insurance premium exceed 100 percent of the
total health insurance premium cost for the retiree. (c)(1) Except as provided in subdivision
(2), for employees who retire after December 31, 2011, the employer contribution to the health
insurance premium set forth by the board for each retiree class shall be...
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36-36-3
Section 36-36-3 Definitions. As used in this chapter, the following words and phrases shall
have the following respective meanings: (1) ALABAMA RETIRED EDUCATION EMPLOYEES' HEALTH CARE
TRUST. The Alabama Retired Education Employees' Health Care Trust created by the state and
the Public Education Employees' Health Insurance Board pursuant to this chapter. (2) ALABAMA
RETIRED STATE EMPLOYEES' HEALTH CARE TRUST. The Alabama Retired State Employees' Health Care
Trust created by the state and the State Employees' Insurance Board pursuant to this chapter.
(3) BOARDS. The State Employees' Insurance Board and the Public Education Employees' Health
Insurance Board. (4) DEPENDENTS. The spouse and dependent children, as defined by the rules
and regulations of the respective boards, of a retired employee who are covered by either
the Public Education Employees' Health Insurance Plan pursuant to Chapter 25A of Title 16,
as amended from time to time, or the State Employees' Health Insurance Plan...
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45-37-171.20
Section 45-37-171.20 Cost-of-living increases for certain retirees. (a)(1) Effective retroactively
to October 1, 2000, each retiree of the Jefferson County Department of Health receiving monthly
benefits from the City of Birmingham Retirement and Relief System, whose effective date of
retirement was after the department elected to become a member in the Employees' Retirement
System and prior to October 1, 2000, shall receive a cost-of-living increase of four percent
in his or her gross monthly benefit, but not less than twenty-five dollars ($25) per month.
(2) Beneficiaries of deceased retirees referenced in subdivision (1) shall receive the cost-of-living
increase in the amount attained by the retiree. The increase shall not be less than twenty-five
dollars ($25) per month. (b) When future cost-of-living increases are provided to the Jefferson
County Department of Health retirees and their beneficiaries who are receiving monthly benefits
from the Employees' Retirement System, the same...
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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-51.242
Section 45-37A-51.242 Cost of living increases; future benefits (a) Upon approval of the governing
body of the municipality primarily served by the system and upon approval of the board of
managers, an increase in the amount of benefits, including improvements in the terms of benefits:
(1) for future retirees, benefits or improvements such as earlier vesting, decreased retirement
age, increase in multiplier used in calculating monthly benefit, or other like improvements
may be granted; and (2) for current retirees cost of living increases may be granted, subject
to the requirements of the United States Internal Revenue Code and regulations therewith.
Such increases shall apply to participants or retirees of the board of health. (b) Prior to
approving an increase in the above described benefits, the board shall obtain the actuarial
evaluation of the fund. Such evaluation shall project the actuarial cost of benefits for the
succeeding plan year and shall combine therewith the applicable...
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36-27-6.5
Section 36-27-6.5 Employers authorized to provide Tier I retirement benefits to Tier II plan
members. (a) Any employer participating in the Employees' Retirement System of Alabama pursuant
to Section 36-27-6, may, by adoption of a resolution by May 8, 2021, elect to provide to its
Tier II plan members the same retirement benefits provided to Tier I plan members. Provided,
however, the Employees' Retirement System Board of Control, based on a staff review of the
historical compliance with ERS requirements as well as the financial stability of the local
government entity, may elect to deny the election authorized herein. The local entity may
petition the Board of Control for a reconsideration of its action by May 8, 2021. The election
shall be irrevocable and shall be effective at the beginning of the fiscal year following
the date the resolution is received by the ERS. (b) Any employer that has not increased the
Tier I member contribution rates as provided in Act 2011-676 shall develop...
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