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45-8A-22.120
Section 45-8A-22.120 Optional benefit plans. (a) Optional Plans. Any participant terminating
service on or after January 1, 1989, pursuant to the terms of Section 45-8A-22.113, Section
45-8A-22.114, or Section 45-8A-22.116 shall, within 20 days of the effective date of termination
have the option of electing a pension plan with or without death benefits from one of the
following three optional plans: (1) Option A-Fifty Percent Joint and Survivor Plan. a. A participant
having elected Option A shall, during his or her lifetime, receive a monthly benefit from
the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116.
b. In the event that a participant dies from any cause and leaves a surviving spouse, the
retirement board shall direct the payment to the spouse of a monthly pension equal to 50 percent
of the amount of the pension being paid to the participant at the time of his or her death;
provided, however, with respect to retirements pursuant to...
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6-10-20
Section 6-10-20 Declaration of claimed exemptions - Making and filing. Any resident of this
state entitled to, and desiring to, claim a homestead or other exemption from levy and sale
under execution or other process may, at any time, make and file in the office of the probate
judge of the county in which the property is situated, if a homestead, or, if personal property,
of the county in which such resident resides, a declaration in writing, subscribed and sworn
to by him or her, describing the property selected and claimed by him or her as exempt, item
by item, in case of personal property, with its value. Other declarations may, from time to
time, as occasion may require, be made and filed. (Code 1876, §2828; Code 1886, §2515; Code
1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)...
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6-10-25
Section 6-10-25 Declaration of claimed exemptions - Contesting of claims. A plaintiff, in person
or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof
has been filed by making and filing with the officer holding the process an affidavit that,
in his belief, either the claim is invalid entirely or it is invalid in part or is excessive,
specifying wherein such invalidity or excess consists, and if excessive, also specifying the
property alleged to be in excess, to be, in all cases, the last named in the claim. If the
claim is of personal property, he or she must also deliver to the officer a bond in double
the value of the property sought to be levied on, with sureties to be approved by the officer,
payable to the defendant claiming the exemption and conditioned that if the plaintiff fails
in the contest, he or she will pay the defendant all such costs and damages as he or she may
sustain by reason of the wrongful institution of the contest....
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed
in section 43-2-694 shall be discharged and released to the same extent as if made to a personal
representative of the decedent, and he shall not be required to see the application thereof
or to inquire into the truth of any statement in the affidavit if made by any other person.
If any person to whom such affidavit is delivered refuses to pay, deliver, transfer or issue
any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer
or issuance compelled in an action brought for such purpose by or on behalf of the person
entitled thereto under sections 43-2-692 and 43-2-695 upon proof of the defeasible right declared
by such sections. Any person to whom payment, delivery, transfer or issuance is made shall
be answerable and accountable therefor to any personal...
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45-37A-51.11
Section 45-37A-51.11 Death benefit for spouses and children not receiving certain benefits.
(a) The words, terms, and phrases used in this section shall have the meaning ascribed to
them by Act 929, or Section 45-37A-51.07, unless it appears from the context that a different
meaning is intended. (b)(1) This section shall not apply to any firefighter or police officer,
or to his or her spouse, child, or children, unless at the time of his or her death he or
she had accumulated at least five years' credited service under Act 929. This section shall
not apply to any firefighter or police officer who has not executed within the time hereinafter
specified an instrument which shall provide that in the event of his or her death the board
of managers of this supplemental pension system shall receive the return of any contributions
made by him or her to this supplemental pension system and to the general retirement and relief
system created by Act 929, which if he or she had not executed the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-51.11.htm - 5K - Match Info - Similar pages
45-41-141.09
Section 45-41-141.09 Exemption for certain dwellings. (a) Any person who is: (1) The owner
of a dwelling that constitutes part of a homestead or a principal residence as those terms
are used in subsection (d) of Section 40-9-19, and in Section 40-9-21, respectively, and (2)
A person authorized, by virtue of any qualification of age, income, blindness, or disability
described in subsection (d) of Section 40-9-19 or Section 40-9-21, to claim the homestead
or similar exemption described therein (or in any successor statute to either thereof), (b)
May elect to have such dwelling exempt from any financial charge levied hereunder with respect
thereto by filing with the tax assessor a written application, in such form as the tax assessor
may prescribe, at the same time that such owner files any application for exemption pursuant
to either of the aforesaid sections of the code (or successor statute thereto); and such exemption
hereunder shall be granted in the same manner and under the same...
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26-3-3
Section 26-3-3 Relief of testamentary conservator of minor from requirement of giving bond
and effect thereof. A testator may by his or her last will relieve the conservator of his
or her appointment for a minor child or children from giving bond and sureties for the faithful
performance of his or her duties as conservator, but the authority of such conservator shall
not extend to any other property or estate of such minor child or children than such as is
derived by gift, devise, descent, or distribution from the testator, unless he or she gives
bond, with sufficient sureties, as is required of other conservators. (Code 1852, §2018;
Code 1867, §2417; Code 1876, §2762; Code 1886, §2379; Code 1896, §2274; Code 1907, §4364;
Code 1923, §8137; Code 1940, T. 21, §29; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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31-8-24
Section 31-8-24 Disposition of pension after death of pensioner. Should a widow who is a pensioner
under this chapter die leaving a minor child or children, a warrant equal to the total amount
of the next three monthly payments succeeding the death of the pensioner shall be issued and
delivered, as other pension warrants are issued and delivered, to the minor child or children
of such pensioner, and should there be no minor child of such deceased pensioner, the county
department of human resources shall endorse such fact on the pension warrant and collect the
same and apply the proceeds, first, to the payment of the burial expenses, and, second, to
the expenses of the last illness of the pensioner. Any unexpended balance remaining shall
be returned to the Treasury to the credit of the fund against which the warrant was drawn.
(Code 1907, §2026; Acts 1919, No. 409, p. 535; Code 1923, §2969; Acts 1939, No. 483, p.
684; Code 1940, T. 60, §35; Acts 1943, No. 12, p. 9.)...
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