Code of Alabama

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45-8A-22.117
Section 45-8A-22.117 Termination of employment; return of contributions; participation in the
plan ceased. In the event a participant terminates employment with the City of Anniston as
a sworn police officer or sworn firefighter for any reason prior to becoming eligible for
a benefit from the plan, the participant shall be entitled to receive all his or her participant
contributions, without interest, made to the plan pursuant to Section 45-8A-22.109 and shall
have no further claim to benefits from the plan, and his or her participation in the plan
shall cease as of the date of termination. If the participant subsequently becomes employed
by the City of Anniston as a sworn police officer or as a sworn firefighter, he or she shall
be treated as a new participant and accrual of benefits shall begin as of the date of his
or her reemployment, unless otherwise allowed by applicable law to repay such participant
contributions to the plan and continue participation in the plan. All other...
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45-8A-22.116
Section 45-8A-22.116 Disability benefits. (a) Line of Duty Disability Benefit. (1) Effective
for Disabilities Occurring Before October 1, 2012. a. Participants Hired Before July 1, 2002.
A participant, who was hired by the City of Anniston as a sworn police officer or sworn firefighter
before July 1, 2002, who becomes permanently physically or mentally disabled as a result of
injuries received in the line of duty, rendering his or her retirement from service necessary,
shall be entitled to receive a disability benefit equal to the following: 1. Participants
With At Least Three Years of Service. The participant's disability benefit shall equal three
percent times the average of his or her monthly compensation for the last three years preceding
his or her retirement multiplied by 30. 2. Participants With Less Than Three Years of Service.
The participant's disability benefit shall equal three percent times the average of his or
her monthly compensation for all years of continuous service...
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45-8A-22.110
Section 45-8A-22.110 Participation. (a) Every individual who becomes employed by the City of
Anniston, excluding any person who is employed as an independent contractor, as a sworn police
officer or as a sworn firefighter shall become a participant ("participant") in
the plan and shall make contributions to the trust in accordance with Section 45-8A-22.109.
(b) The City of Anniston shall withhold from all participants' compensation such participant
contributions each payroll period and the aggregate amount so withheld shall be paid to the
trustee to deposit in the trust. Participant contributions shall be paid beginning with a
participant's first paycheck after becoming a sworn police officer or as a sworn firefighter
as provided in subsection (a). (Act 2012-484, p. 1349, §11.)...
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45-8A-22.111
Section 45-8A-22.111 Participant eligibility for benefits. A participant's service with the
City of Anniston as a sworn police officer or a sworn firefighter is used to determine the
participant's eligibility for a benefit from the plan and the amount of benefits that the
participant may be entitled to receive. Unless provided otherwise, service shall be based
on a continuous period beginning on the first day of employment as a sworn police officer
or a sworn firefighter and ending on the participant's date of retirement, or if earlier,
his or her date of termination of employment or date of death. No service is credited for
any partial years of service. If the participant's employment with the City of Anniston as
a sworn police officer or a sworn firefighter terminates prior to becoming eligible for retirement,
he or she will lose any service credited under the plan. (Act 2012-484, p. 1349, §12.)...

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45-8A-22.113
Section 45-8A-22.113 Retirement eligibility and benefit. (a) Participants Hired Before May
29, 1979. Subject to Section 45-8A-22.114, any person who was hired by the City of Anniston
as a sworn police officer or sworn firefighter before May 29, 1979, and who has been in continuous
service as a participant for a period of 20 years shall have a non-forfeitable right to a
benefit and shall be entitled to retire and receive a monthly benefit from the plan in an
amount 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) Participants Hired On and After May 29, 1979. Any participant who was hired
by the City of Anniston as a sworn police officer or sworn firefighter on or after May 29,
1979, shall have a non-forfeitable right to a benefit to the extent described in...
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45-8A-22.118
Section 45-8A-22.118 Maximum benefits; limitations; adjustments. (a) Annual Benefit and Final
Regulations Under Internal Revenue Code Section 415. (1) Annual Benefit. For purposes of this
section, "annual benefit" means the benefit payable annually under the terms of
the plan, exclusive of any benefit not required to be considered for purposes of applying
the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight
life annuity with no ancillary benefits. If the benefit is payable in any other form, the
annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to
subsection (c). (2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding
anything in this section to the contrary, the following provisions apply beginning on or after
January 1, 1976, except as otherwise provided in this section. a. Incorporation by Reference.
The limitations, adjustments, and other requirements prescribed in the plan shall...
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45-8A-22.109
Section 45-8A-22.109 Contributions to the trust. (a) The secretary-treasurer shall receive
contributions to the trust that shall consist of the following: (1) All of the money, securities,
things of value, and assets belonging to any similar fund now being maintained by the City
of Anniston. (2) All money or properties that may be given or donated by any person, firm,
association, or corporation for the uses and purposes for which the trust is created, and
the retirement board may take by gift, grant, devise, or bequest, any money, personal property
or real estate, or any interest therein or any right of property for the benefit of the trust.
(3) Participant Contributions. a. Employee Contributions. Effective prior to October 1, 2002,
10 percent of each participant's monthly compensation, including overtime and any other pay,
which shall be deducted from such compensation and paid to the secretary-treasurer on or before
the tenth day each month next succeeding the month in which such...
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45-37A-51.120
Section 45-37A-51.120 Definitions. (a) The following words, terms, and phrases, wherever used
in this subpart, including this section, shall have the meanings respectively ascribed to
them in this section, unless the context plainly indicates otherwise or that a more restricted
or extended meaning is intended: (1) ANNIVERSARY DATE. The date of establishment and the month
and day thereof annually thereafter. (2) APPOINTED EMPLOYEE. A person who holds his or her
office or position by reason of being appointed by the mayor or city council or other appointing
authority of the city; who is not a classified service employee; and who serves solely at
the pleasure of the respective appointing authority. (3) BASIC MONTHLY EARNINGS and MONTHLY
SALARY. Basic monthly compensation, exclusive of overtime or other forms of extra compensation
but including longevity pay, which shall be regarded as having been received in equal monthly
installments during each of the months prior to the accrual date...
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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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45-37A-51.245
Section 45-37A-51.245 Retroactive deferred retirement option plan. (a) Effective July 1, 2002,
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
would have qualified for a normal retirement benefit. A participant who is not actively employed
may not make a back drop election. To be effective, a back drop election by a married participant
shall be approved in writing by his or her spouse....
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