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45-8A-22.102
Section 45-8A-22.102 Powers and duties of the retirement board.. (a) The retirement board shall
be responsible for the general administration and proper operation of the plan and shall administer
the plan for the exclusive benefit of participants and their beneficiaries, subject to the
terms of the plan. The retirement 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 this subpart
and to determine all questions arising in connection with the administration, interpretation,
and application of the plan. Any such determination by the retirement board shall be conclusive
and binding upon all persons. (1) The retirement board shall have all powers necessary or
appropriate to accomplish the retirement board's duties under the plan, including, but not
limited to, the following: a. To determine all questions relating to the eligibility of a
sworn police officer or a sworn firefighter of the City of...
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45-8A-22.119
Section 45-8A-22.119 Death benefits. (a) Participant Death in the Line of Duty. (1) Effective
for Deaths Occurring Before October 1, 2012. a. Surviving Spouse. If a participant dies as
a result of injuries received in the line of duty and leaves a surviving spouse, the retirement
board shall direct the payment to the surviving spouse of a monthly pension equal to Option
B-100 percent joint and survivor plan, described in Section 45-8A-22.120, based on a 30-year
service retirement. b. No Surviving Spouse and Surviving Children. If a participant dies as
a result of injuries received in the line of duty and leaves no surviving spouse or the surviving
spouse should die, and if the participant leaves a surviving child or children under the age
of 18 years, then a benefit of 50 percent of the amount the participant would have been paid
under the 100 percent joint and survivor plan based on a 30-year service retirement shall
be paid to the legal guardian of the child or children then under...
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45-37A-51.195
Section 45-37A-51.195 New participants. (a) Credit for service with the county or other municipality
and with the city as a temporary employee hired on or after September 1, 1969, but before
July 1, 2009. (1) In the event a qualified employee becoming a participant herein on or after
September 1, 1969, shall have, prior to becoming a participant, been employed (i) by the county
under the provisions of a merit system applicable to the county, (ii) by any other municipality
in the county under the provisions of the merit system applicable to such municipality, or
(iii) by the city under the provisions of the merit system applicable to the city as a temporary
employee, he or she may receive credit for the prior service by paying to the city director
of finance within 60 days after a verified, written calculation has been provided to the participant
in an amount to be determined as follows: a. There shall first be determined the salary paid
the participant each month of the prior service...
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45-37A-51.04
Section 45-37A-51.04 Membership. (a) The following shall be members of the supplemental pension
system hereby created: Members of the fire department or police department of the city who
belong to the general retirement and relief system, created by Act 929 on whose account the
city makes no contribution or pays no tax, to the United States of America under the federal
Social Security Act. (b) As used in this subpart these terms have the meanings here given
them: (1) ACT 556 CREDITABLE SERVICE. A member's service with the city during the period while
the salary deductions of Section 45-37A-51.05 applied to him or her and also his or her service
with the city during any period while salary deductions did not apply to him or her, provided
he or she exercises the option subsection (d) or (e) accords him or her to have his or her
service during the last mentioned period counted as Act 556 creditable services. (2) BENEFIT.
A benefit payable under this subpart to a member or to any person...
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11-40-17.3
Section 11-40-17.3 Retroactive Deferred Retirement Option Plan. (a) This section shall apply
to Class 1 municipalities only. (b) There is established a Retroactive Deferred Retirement
Option ("Back Drop") Plan for any retirement and relief system established pursuant
to Act 1272, 1973 Regular Session (Acts 1973, p. 2124), as amended. A participant who retires
at least 90 days following July 1, 2002, who has then completed at least 23 years of credited
service, and who is otherwise entitled to retire and receive a normal retirement benefit,
shall have the opportunity to elect a Back Drop plan. A participant eligible for the Back
Drop plan can elect in writing at his or her retirement to retroactively drop his or her credited
service in excess of 20 years, for a period of months not exceeding 36 months immediately
preceding the date of retirement (the "Back Drop period"); provided that the beginning
of the Back Drop period may not extend past the earliest date on which the participant...
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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-51.242
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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45-8A-22.128
Section 45-8A-22.128 Actuary; reports. (a) The retirement board shall retain the services of
a competent actuary and actuarial firm on continuous basis at a fee to be determined by the
retirement board to advise the retirement board on all actuarial matters pertaining to the
trust. The actuary shall possess the following minimum qualifications: (1) The actuary shall
be an enrolled actuary under the provisions of the Employee Retirement Income Society Act
of 1974, as amended, and (2) The actuary shall be a Fellow of the Society of Actuaries or
employed by an actuarial firm that employs a Fellow of the Society of Actuaries. (b) There
must be an actuarial valuation of the plan at least once every two years. The plan assets
are to be valued on the last day of the City of Anniston's fiscal year, or on any other date
determined by the retirement board, using any reasonable method of valuation. In establishing
the liabilities under the plan and contributions thereto, the actuary shall use...
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45-37A-51.228
Section 45-37A-51.228 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-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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