36-21-195
Section 36-21-195 Effect of modifications; coverage for retired members upon return to active
service. (a) All rights, annuities, and benefits provided herein shall be subject to future
change by the Legislature, and subject to future changes or revisions as provided in this
article, and no current or future member or beneficiary shall be deemed to have any vested
right in the fund or to any annuity or benefit provided in this article. However, when the
board has approved a member's application for a retirement annuity or benefit and the member
has actually received benefits pursuant to the board's determination for a period of two years,
then the board's determination as to the member's years of qualified service shall be conclusive,
and the board shall not thereafter arrive at a different determination except in the case
of fraud or misrepresentation of any fact by the applicant. (b) Any member who is receiving
retirement benefits and returns to active fire fighting shall be covered...
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45-49A-63.170
Section 45-49A-63.170 Amendment of plan. (a) The board, with approval by a majority vote of
the city council or like governing body of the city, reserves the right at any time and from
time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in
part any or all of the provisions of the plan. However, no amendment shall make it possible
for any part of the fund to be used for, or diverted to, purposes other than for the exclusive
benefit of persons entitled to benefits under the plan, before the satisfaction of all liabilities
with respect to such persons. The board's actions in amending the plan shall be effective
without the approval of, or action by, any other governmental entity other than the city council
as described in this subsection. Nothing in this section shall be construed as preventing
a uniformed officer from requesting the Alabama Legislature to amend any provision of the
plan. (b) Notwithstanding subsection (a), any plan amendment which...
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45-8A-22.103
Section 45-8A-22.103 Trustee; pensions and benefits. (a) The retirement board or the person
or entity appointed by the retirement board and named as trustee in any separate trust forming
a part of the plan shall serve as the trustee of the trust (the "trustee"). It may
adopt and enforce necessary rules and regulations to carry out the purposes of the plan and
enable it to properly manage and administer the trust, including employing investment counselors
and agents to invest and manage portions of the trust, as the retirement board may direct.
(b) When the actuary certifies that the necessary funds are available, the retirement board,
in accordance with Section 45-8A-22.101, may increase the benefits provided for retirees by
passing a written board resolution which declares that the monthly benefit paid to each retiree,
surviving spouse, or other beneficiary of the retiree shall be increased by a flat dollar
amount per month, increased by a flat dollar amount per year of active service...
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16-25A-12
Section 16-25A-12 Employees may elect not to participate; full state funding; subsequent election
to participate. (a) Any board of education, institution, or other employer with employees
as defined by Section 16-25A-1, may, upon a majority vote of its employees, elect not to participate
in the basic medical plan authorized by the provisions of this article; provided, however,
that for any fiscal year ending September 30 the Legislature appropriates the full amount
certified pursuant to Section 16-25A-8(b), the board shall declare the plan of insurance coverage
to be fully state-funded whereupon all employees of any board of education, institution, or
other employer as defined hereinabove shall for that fiscal year and all subsequent fiscal
years be declared members of the Public Education Employees' Health Insurance Plan. (b) Any
employer electing not to participate in the basic medical plan shall certify to the board
the names of their employees otherwise electing hospital/medical...
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36-29-51
Section 36-29-51 Health reimbursement arrangement. (a) As used in this section, the term health
reimbursement arrangement or HRA means a plan qualifying as a health reimbursement arrangement
as that term is defined under IRS Notice 2002-45 and a medical reimbursement plan under Sections
105 and 106 of the Internal Revenue Code of 1986, as amended. (b) The State Employees' Insurance
Board may offer a health reimbursement arrangement to eligible active and retired state employees
and their dependents. The terms and conditions of the HRA shall be established by the board
in accordance with federal requirements and limitations. (c) Participants in the HRA are eligible
to receive an employer contribution into the participant's HRA from the State Employees Insurance
Fund in an amount to be determined by the board. Employer contributions into the participant's
HRA shall not constitute compensation to an employee for the purposes of any statute fixing
or limiting the compensation of the...
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45-8A-22.112
Section 45-8A-22.112 Credit for military service. (a) Qualified Military Service. The plan
will grant continuous service in accordance with the Uniformed Services Employment and Reemployment
Rights Act of 1994 ("USERRA"), 38 U.S.C. Sections 4301 through 4333, for a participant
who is an employee immediately prior to the commencement of qualified military service, as
defined in Code Section 414(u)(5), provided such participant: (1) Provides the City of Anniston
with advance written notice of the qualified military service. (2) Has accumulated five years
or less of qualified military service while employed with the City of Anniston. (3) Returns
to work or applies for reemployment within the applicable time period specified in subsections
(b)(1) through (4). (4) Has not been separated from the qualified military service with a
disqualifying discharge or under other than honorable conditions. (b) Time frame for Reemployment.
Under USERRA, the time period in which a participant must return...
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45-8A-22.114
Section 45-8A-22.114 Normal retirement age. (a) Effective with respect to retirements that
occur before October 1, 2012, the retirement board shall retire from service any participant
who has attained age 60 years, and such participant shall be entitled to receive a monthly
benefit from the plan equal to three percent of the average of his or her monthly compensation
for the last three years preceding his or her retirement multiplied by the number of years
of continuous service; provided, however, credit shall not be counted for continuous service
in excess of 30 years. (b) Effective with respect to retirements that occur on and after October
1, 2012, the retirement board shall retire from service any participant who has attained age
65 years, and such participant shall become fully vested and entitled to receive a monthly
benefit from the plan calculated in accordance with Section 45-8A-22.113(b). (Act 2012-484,
p. 1349, §15.)...
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11-104-3
Section 11-104-3 Establishment of trust or participation in multiple-employer trust; management
and control; taxation; validity; termination. (a) A governmental entity may adopt an ordinance,
bylaw, or resolution allowing for the establishment of a trust, or for the establishment of
participation in a multiple-employer trust with other governmental entities, for the sole
purpose of funding post-employment benefit obligations. The governmental entity may adopt
such ordinance, bylaw, or resolution through voting procedures and requirements currently
utilized by the governmental entity which are in accordance with state law. (b) Any trusts
created pursuant to this chapter shall be evidenced by a written trust instrument, the terms
and conditions of which shall be determined by and between the governmental entity or entities
and the applicable trustee, so long as such terms and conditions do not conflict with this
chapter. Each trust shall be managed and controlled by its respective...
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12-17-227.4
Section 12-17-227.4 (Effective November 8, 2016, subject to contingencies) Service retirement
allowance. (a) Any 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 shall have completed 10 or more years
of membership service in the District Attorneys' Plan. (b) Any member who has attained age
62 and has previously withdrawn from service 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 shall have completed 10 or more years of membership service. (c) Upon retirement from
service, the member shall receive a service retirement allowance which...
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12-18-154
Section 12-18-154 (Effective November 8, 2016, subject to contingencies) Service retirement
allowance. (a) Any 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 shall have completed 10 or more years
of membership service in the Judges' and Clerks' Plan. (b) Any member who has attained age
62 and has previously withdrawn from service 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 shall have completed 10 or more years of membership service. (c) Upon retirement from
service, a member who is a clerk shall receive a service retirement...
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