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36-27-45
Section 36-27-45 Redetermination of allowance payments due on or after October 1, 1975. All
retirement allowance payments due on or after October 1, 1975, to members of the Employees'
Retirement System of Alabama who retired prior to said date shall be redetermined as if the
provisions of this division were in effect at the time they retired; provided, that any increase
provided in the retirement allowance payment under this section for a member who retired under
the provisions of any optional benefit elected pursuant to Article 1 of this chapter shall
accrue only to the retired member, and no person designated to receive any payments after
the death of a retired member under the provisions of any such optional benefit shall receive
any increase in such payment under this section. (Acts 1975, No. 1102, p. 2173, §5.)...
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43-8-6
Section 43-8-6 Rules of evidence; evidence as to death or status; presumption of death. In
proceedings under this chapter the rules of evidence in courts of general jurisdiction including
any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter.
In addition, the following rules relating to determination of death and status are applicable:
(1) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death and the identity of the decedent; (2) A certified
or authenticated copy of any record or report of a governmental agency, domestic or foreign,
that a person is missing, detained, dead, or alive is prima facie evidence of the status and
of the dates, circumstances and places disclosed by the record or report; (3) A person who
is absent for a continuous period of five years, during which he has...
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45-37-123.131
Section 45-37-123.131 Maximum annual benefit. (a) Notwithstanding the foregoing and subject
to the exceptions and adjustments below, effective for limitation years ending after December
31, 2001, the annual benefit otherwise payable to a member under the plan at any time shall
not exceed the maximum annual benefit, and if the benefit a member would otherwise accrue
in a limitation year would produce an annual benefit in excess of the maximum annual benefit,
the benefit shall be limited, or the rate of accrual reduced, to a benefit that does not exceed
the maximum annual benefit. The maximum annual benefit payable to a member under the plan
in any limitation year shall equal the defined benefit dollar limitation. The defined benefit
dollar limitation is one hundred sixty thousand dollars ($160,000), as adjusted, effective
January 1 of each year, under § 415(d), Internal Revenue Code, in such manner as the secretary
shall prescribe, and payable in the form of a straight life annuity....
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45-49A-63
Section 45-49A-63 Definitions. As used in this part, the following words and terms shall have
meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is payable
as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY. The person or
persons named by a member by written designation filed with the board to receive payments
under this plan after the member's death. The member may not change his or her beneficiary
after his or her annuity starting date. If no beneficiary designation is in effect at the
member's death, or if no person so designated survives the member, the member's surviving
spouse, if any, shall be deemed to be the beneficiary, otherwise the beneficiary shall be
the member's estate. (3) BOARD. The Police and Fire Pension Board as constituted under Section
45-49A-63.120, or its delegate. (4) BREAK IN SERVICE. A period of absence which would constitute
a break in the member's service under the Mobile County Personnel Board rules;...
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12-17-265
Section 12-17-265 Benefit to surviving spouse of supernumerary magistrate. In the event of
the death of any supernumerary magistrate in whose favor a monthly retirement allowance is
accruing, his spouse shall be entitled to a monthly allowance equal to 50 per centum of the
retirement allowance the supernumerary magistrate was receiving when he died, as hereinafter
specified, for a period of up to 25 years. No spouse shall receive any benefits under this
article unless such spouse was married to the deceased supernumerary magistrate at the time
of his death and any benefits of a spouse under this article shall terminate in the event
the spouse remarries. (Acts 1988, No. 88-313, p. 475, §6.)...
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35-4A-2
Section 35-4A-2 Statutory rule against perpetuities. (a) A nonvested property interest is invalid
unless: (1) when the interest is created, it is certain to vest or terminate no later than
21 years after the death of an individual then alive; or (2) the interest either vests or
terminates within 100 years after its creation. (b) A general power of appointment not presently
exercisable because of a condition precedent is invalid unless: (1) when the power is created,
the condition precedent is certain to be satisfied or becomes impossible to satisfy no later
than 21 years after the death of an individual then alive; or (2) the condition precedent
either is satisfied or becomes impossible to satisfy within 100 years after its creation.
(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid
unless: (1) when the power is created, it is certain to be irrevocably exercised or otherwise
to terminate no later than 21 years after the death of an...
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16-25-23
Section 16-25-23 Exemptions from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension; an annuity, or a retirement allowance; to the return
of contributions; the pension, annuity or retirement allowance itself; any optional benefit
or any other right accrued or accruing to any person under the provisions of this chapter;
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever, and shall be unassignable except as in this chapter specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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36-27-28
Section 36-27-28 Exemption from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension, an annuity, a retirement allowance or to the return
of contributions, the pension, annuity or retirement allowance itself and any optional benefit
or any other right accrued or accruing to any person under the provisions of this article
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever and shall be unassignable except as in this article specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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41-9-218
Section 41-9-218 Definitions. As used in this article, the following terms shall have the following
meanings: (1) APPLICABLE PERCENTAGE. Zero percent for the first credit allowance date, 8.33
percent for the next six credit allowance dates, for the total of 50 percent. (2) CREDIT ALLOWANCE
DATE. With respect to any qualified equity investment, the date on which such investment is
initially made and each of the six anniversary dates of that date thereafter. (3) DEPARTMENT.
The Department of Commerce. (4) LONG-TERM DEBT SECURITY. Any debt instrument issued by a qualified
community development entity, at par value or a premium, with an original maturity date of
at least seven years from the date of its issuance, with no acceleration of repayment, amortization,
or prepayment features prior to its original maturity date. The qualified community development
entity that issues the debt instrument may not make cash interest payments on the debt instrument
during the period beginning on the...
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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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