Code of Alabama

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45-37A-51.262
Section 45-37A-51.262 Life insurance; security. (a) Should a participant obtaining a loan terminate
employment for any reason, the participant shall be required to post security or collateral
to allow for payments on the loan to continue subsequent to retirement or repay the loan balance
within 60 days after termination, or the participant's retirement benefit under Division 6
shall be affected. The entire pension loan, including interest thereon, shall be paid in full
prior to receiving any pension benefits funds or return of contributions. Provided however,
if the participant is due to collect a retirement benefit beginning immediately upon termination,
the posting of insurance and/or security shall allow the payments to be deducted from the
participant's pension check. Such security may include a policy of insurance on his or her
life, all premiums payable by the participant, providing for the insurance company to repay
the unpaid balance of the loan in the event of his or her death...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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45-27A-60
Section 45-27A-60 Town of Pollard Trust Account. (a)(1) There is hereby established a trust
account for the Town of Pollard, Alabama, for the exclusive benefit of the Town of Pollard
and its citizens. The name of the trust fund shall be the Town of Pollard Trust Account. (2)
In order to preserve for future generations the Town of Pollard Trust Account and to ensure
water service, garbage pickup, grass mowing, and general maintenance of public property, expenditures
from the income of the trust are authorized only for the following uses: a. Maintenance and
replacement of water system equipment and property. b. The payment of utility charges incurred
by the town. c. Purchase and maintenance of insurance for the water system, other town property,
and bonding fees required by law for the mayor, the town clerk, and any other person authorized
to sign checks for the Town of Pollard. d. Repair and replacement of town equipment. e. Employment
of two permanent employees to perform garbage...
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45-49A-63.151
Section 45-49A-63.151 Exclusive benefit rule. Except as otherwise provided in the plan, no
part of the corpus or income of the fund shall be used for, or diverted to, purposes other
than for the exclusive benefit of members and beneficiaries entitled to benefits under the
plan and paying plan expenses not otherwise paid by the city, before the satisfaction of all
liabilities with respect to such members and beneficiaries. No person shall have any interest
in or right to any part of the earnings of the fund, or any right in, or to, any part of the
assets held under the plan, except as and to the extent expressly provided in the plan. (Act
97-689, p. 1379, ยง 9(8.02).)...
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19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly provide
by specific reference to this section, then a trustee may have the power to adjust between
principal and income to the extent the trustee considers necessary if (1) the trustee invests
and manages trust assets as a prudent investor; (2) the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring to the trust's income, and (3)
the trustee determines, after applying the rules in Section 19-3A-103(a), that the trustee
is unable to comply with Section 19-3A-103(b). (b) In deciding whether and to what extent
to exercise the power conferred by subsection (a), a trustee shall consider all factors relevant
to the trust and its beneficiaries, including, but not limited to: (1) The nature, purpose,
and expected duration of the trust; (2) The intent of the settlor; (3) The identity and circumstances
of the beneficiaries; (4) The needs for liquidity for the...
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45-37-123.22
Section 45-37-123.22 Powers and duties of the pension board. (a) The pension board shall be
responsible for the general administration and proper operation of the plan, and shall administer
the plan for the exclusive benefit of the members and their beneficiaries, subject to the
specific terms of the plan. The pension board shall administer the plan in accordance with
its terms and shall have the power and discretion to construe the terms of the plan and the
act and to determine all questions arising in connection with the administration, interpretation,
and application of the plan. Any such determination by the pension board shall be conclusive
and binding upon all persons. The pension board may establish procedures, correct any defect,
supply any information, or reconcile any inconsistency in such manner and to such extent as
shall be deemed necessary or advisable to carry out the purpose of the plan; provided, however,
that any procedure, discretionary act, interpretation, or...
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45-37A-51.224
Section 45-37A-51.224 Involuntary retirement. (a) In the event a participant shall be involuntarily
retired after having completed 20 or more years of credited service prior to attaining the
age of 60 years, such participant shall be entitled to a monthly retirement benefit equal
to the product of the final average salary multiplied by the applicable percentage rate determined
at the date of termination, multiplied by such participant's years of credited service. Should
the participant be involuntarily retired prior to attaining age 60 his or her entitlement
to the monthly retirement benefit, at this retirement date, shall additionally require that
within 60 days of the involuntary retirement the agency governing tenure of service of city
employees certify in writing to the board that such employee has not contributed by his or
her own fault or misconduct to the separation from service. Should such certification not
be made within the prescribed time, the monthly retirement benefit...
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19-3B-813
Section 19-3B-813 Duty to inform and report. (a) Except as otherwise provided in Section 19-3B-603,
the following rules apply: (1) A trustee shall keep the current permissible distributees of
income or principal of the trust reasonably informed about the administration of the trust
and of the material facts necessary for them to protect their interests. (2) Unless unreasonable
under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request
for information related to the administration of the trust. (b) A trustee: (1) upon request
of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
(2) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries
of the acceptance and of the trustee's name, address, and telephone number; (3) within 60
days after accepting the trusteeship of an irrevocable trust, or the date the trustee acquires
knowledge that a formerly revocable trust has become irrevocable,...
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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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45-37A-51.234
Section 45-37A-51.234 Termination of employment; ineligibility; return of contribution. (a)
In the event a participant shall terminate or be terminated from his or her employment with
the city due to disability and such participant shall cease to be eligible for participation
herein or in the event such participant shall cease to be a qualified employee and shall elect
to terminate his or her participation in the system, the total amount of participant's contributions,
without interest thereon, shall be payable to the former participant, less an amount equal
to one-half the total of all disability retirement benefits paid to the former participant.
This section shall not require a return of contributions to an involuntary retiree who elects
not to withdraw his or her contributions pursuant to Section 45-37A-51.224 (b) In the event
a participant shall terminate or be terminated from his or her employment with the city for
any reason other than disability and such participant shall cease...
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