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43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
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45-8A-22.115
Section 45-8A-22.115 Compensation for purposes of benefit calculations. (a) Compensation. For
purposes of calculating contributions to the plan in accordance with Section 45-8A-22.109
and benefits paid under the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.116,
and Section 45-8A-22.119, "compensation" shall include all of the following amounts:
(1) Regular salary, including accumulated vacation pay. (2) Overtime pay. (3) Longevity pay.
(4) Comp pay. (5) Any differential wage payment, as defined in Code Section 3401(h)(2), generally
relating to military pay. Bonuses and paid accumulated sick leave, expense allowances, and
any other non-regular forms of compensation are excluded. (b) Compliance with Internal Revenue
Code Section 401(a)(17). Compensation of each participant taken into account in determining
benefit accruals in any plan year beginning after December 31, 2001, shall not exceed two
hundred thousand dollars ($200,000), or such other amount provided in the...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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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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45-8A-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, ยง12.)...
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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set for
hearing thereon. When any homestead or other exemption has been allotted or set apart by the
appraisers or by commissioners, the personal representative, surviving spouse, minor child
or children, or other person in interest feeling aggrieved may, within 30 days after the making
of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon
the court must fix a day for the hearing of the exceptions, of which 10 days' notice must
be given by personal service, if the adverse parties reside in the state or, if they reside
out of the state, by publication in some newspaper published in the county. If the exceptions
are filed by the surviving spouse and minor child or children, or either, such notice must
be served on the personal representative, but if filed by the personal representative or other
person, the notice must be served on the surviving spouse, if there...
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11-40-18.1
Section 11-40-18.1 Minimum benefits under certain policemen's and firemen's pension and relief
plans. Notwithstanding any other laws, in Class 1 municipalities, any benefit payable on a
monthly basis to a participant or retiree under the Policemen's Pension and Relief Fund provided
by Act No. 502 of the 1923 Session of the Legislature, as amended, the Firemen's Pension and
Relief Fund provided by Act No. 307 of the 1943 Session of the Legislature, as amended, the
Separate Policemen's Retirement and Relief System provided by Act No. 470 of the 1955 Regular
Session of the Legislature, as amended, or the Separate Firemen's Pension and Relief System
provided by Act No. 217 of the 1966 Special Session of the Legislature, as amended, shall
be in an amount not less than five hundred fifty dollars ($550) per month, and any survivor's
or spouse's benefit payable therefrom on a monthly basis shall be in an amount not less than
three hundred twenty dollars ($320) per month. (Acts 1994, No....
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26-1A-217
Section 26-1A-217 Gifts. (a) In this section, a gift "for the benefit of" a person
includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition
savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529,
26 U.S.C. Section 529, as amended. (b) Unless the power of attorney otherwise expressly provides,
language in a power of attorney granting general authority with respect to gifts authorizes
the agent only to: (1) make outright to, or for the benefit of, a person including the agent,
a gift of any of the principal's property, including by the exercise of a presently exercisable
general power of appointment held by the principal, in an amount per donee not to exceed the
annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section
2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift
tax exclusion applies to the gift, or if the principal's spouse agrees to...
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45-37-123.101
Section 45-37-123.101 Postretirement joint survivorship pension. (a) Election of postretirement
joint survivorship pension. In lieu of a benefit under subsections (a) to (c), inclusive,
of Section 45-37-123.100, superannuation retirement benefit, early retirement benefit, or
deferred retirement benefit, respectively, a member may elect to receive a postretirement
joint survivorship pension. (1) PERCENTAGE ELECTION. In the event that a member desires to
elect pursuant to this subsection to receive a postretirement joint survivorship pension,
he or she shall elect one of the following percentages, which election shall be the actuarial
equivalent of the monthly retirement benefit provided in subsections (a) to (c), inclusive,
of Section 45-37-123.100, as applicable: a. Reduced monthly benefit payable over the life
of the member and the life of the member's designated beneficiary, 50 percent postretirement
joint survivorship pension. b. Reduced monthly benefit payable over the life of the...
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45-37-123.108
Section 45-37-123.108 Direct rollovers. Except as otherwise specifically provided in this section,
this section shall be effective as of January 1, 1993. (1) ROLLOVERS GENERALLY. a. Notwithstanding
any provision of the plan to the contrary that would otherwise limit a distributee's election
under this section, a distributee, at the time and in the manner prescribed by the pension
board, may elect to have any portion of an eligible rollover distribution that is equal to
at least two hundred dollars ($200) paid directly to an eligible retirement plan specified
by the distributee in a direct rollover. b. For purposes of this subdivision, the following
definitions shall apply: 1.(i) An eligible rollover distribution is any distribution of all
or any portion of the balance to the credit of the distributee, except that an eligible rollover
distribution does not include: Any distribution that is one of a series of substantially equal
periodic payments, not less frequently than annually, made...
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