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45-37-123.131
Section 45-37-123.131 Maximum annual benefit. (a) Notwithstanding the foregoing and subject
to the exceptions and adjustments below, effective for limitation years ending after December
31, 2001, the annual benefit otherwise payable to a member under the plan at any time shall
not exceed the maximum annual benefit, and if the benefit a member would otherwise accrue
in a limitation year would produce an annual benefit in excess of the maximum annual benefit,
the benefit shall be limited, or the rate of accrual reduced, to a benefit that does not exceed
the maximum annual benefit. The maximum annual benefit payable to a member under the plan
in any limitation year shall equal the defined benefit dollar limitation. The defined benefit
dollar limitation is one hundred sixty thousand dollars ($160,000), as adjusted, effective
January 1 of each year, under § 415(d), Internal Revenue Code, in such manner as the secretary
shall prescribe, and payable in the form of a straight life annuity....
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45-37-123.01
Section 45-37-123.01 Definitions. For the purposes of this part, the following terms shall
have the following meanings: (1) ACT. The act adding this part, to be called the General Retirement
System for Employees of Jefferson County Act. (2) ACTIVE MEMBER. An individual who currently
is employed by the county or other entities set forth in subdivision (20) and is making employee
contributions to the system. (3) ACTUARIAL EQUIVALENT. Effective July 30, 1984, or such other
dates as set forth in Exhibit A, which is maintained in the office of the pension board, a
form of benefit differing in time, period, or manner of payment from a specific benefit provided
under the plan but having the same value when computed using the mortality tables, the interest
rate, and any other assumptions last adopted by the pension board, which assumptions shall
clearly preclude any discretion in the determination of the amount of a member's benefit.
(4) ACTUARIAL GAIN. As defined in Section...
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45-37-123.132
Section 45-37-123.132 Adjustments to annual benefit and limitations. (a) Adjustment if fewer
than 10 years. Effective for limitation years ending after December 31, 2001, if a member
has fewer than 10 years of participation in the plan, then the defined benefit dollar limitation
of Section 45-37-123.131(a) shall be multiplied by a fraction, the numerator of which is the
number of years, or part thereof, of participation in the plan, and the denominator of which
is 10. However, in no event shall such fraction be less than one-tenth. Notwithstanding the
foregoing, no adjustment shall be made to the defined benefit dollar limitation for a distribution
on account of a member becoming disabled by reason of personal injuries or sickness, or as
a result of the death of a member. For purposes of this subsection, a year of participation
means each accrual computation period for which the following conditions are met: The member
is credited with a period of service for benefit accrual purposes,...
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45-49A-63
Section 45-49A-63 Definitions. As used in this part, the following words and terms shall have
meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is payable
as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY. The person or
persons named by a member by written designation filed with the board to receive payments
under this plan after the member's death. The member may not change his or her beneficiary
after his or her annuity starting date. If no beneficiary designation is in effect at the
member's death, or if no person so designated survives the member, the member's surviving
spouse, if any, shall be deemed to be the beneficiary, otherwise the beneficiary shall be
the member's estate. (3) BOARD. The Police and Fire Pension Board as constituted under Section
45-49A-63.120, or its delegate. (4) BREAK IN SERVICE. A period of absence which would constitute
a break in the member's service under the Mobile County Personnel Board rules;...
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45-37-123.100
Section 45-37-123.100 Retirement benefits. (a) Superannuation retirement benefit. (1) ELIGIBILITY.
A member shall be eligible for a superannuation retirement benefit if: a. The member has 30
or more years of paid membership time, regardless of age; b. The member has 10 or more years
of paid membership time and has attained the age of 60; or c. The member has 30 years of service,
20 years of which are paid membership time, and has attained the age of 55. (2) CALCULATION
OF BENEFIT. If a member meets the foregoing eligibility criteria, then the member shall be
eligible to retire and receive a monthly benefit for the remainder of his or her life to be
determined by the following formula: a. Two and one-half percent multiplied by the basic average
salary multiplied by the number of years of paid membership time; plus b. Five-eights of one
percent multiplied by the basic average salary multiplied by the number of years of unpaid
membership time, if applicable. (3) SEVENTY-FIVE PERCENT...
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45-37-123.133
Section 45-37-123.133 Annual benefit not in excess of $10,000. (a) The plan may pay an annual
benefit to any member in excess of the member's maximum annual benefit if the annual benefit
derived from employer contributions under the plan and all other defined benefit plans maintained
by the county does not in the aggregate exceed ten thousand dollars ($10,000) for the limitation
year or for any prior limitation year and the county has not at any time maintained a defined
contribution plan, a welfare benefit fund under which amounts attributable to postretirement
medical benefits are allocated to separate accounts of key employees, as defined in § 419(A)(d)(3),
Internal Revenue Code, or an individual medical account in which the member participated.
For purposes of this section, if the plan provides for voluntary or mandatory employee contributions,
such contributions shall not be considered a separate defined contribution plan maintained
by the county. (b) However, if a member has...
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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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45-37-123.82
Section 45-37-123.82 Employee contributions. (a) Employee contributions generally. As a condition
of employment and of accruing benefits under the plan, each member shall contribute six percent
of such member's compensation to the plan. The employee contributions shall be after tax,
or if approved by the pension board such employee contributions shall be pre-tax and treated
as "picked-up" and contributed by the county to the plan pursuant to Section 414(h)(2)
of the Internal Revenue Code. The county shall process such employee contributions each payroll
period and the aggregate amount shall be deposited in the trust fund. Employee contributions
shall begin on the member's first paycheck after a member becomes eligible for membership
in the system as provided for in Section 45-37-123.50. In the event that the county fails
to withhold any employee contributions, the county may withhold such amounts, whether treated
by the county as after-tax contributions or treated as "picked-up"...
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45-37-123.84
Section 45-37-123.84 Service rules. Except as otherwise specifically stated herein, the rules
below shall apply in determining length of service for all purposes under the plan. (1) In
no case may more than one year of service be credited for service in one calendar year. (2)
A member shall work over one-half of a month, including all calendar days, in order to earn
one month of service. (3) Except as otherwise specifically stated herein or required by federal
law, a member shall not be allowed service credit for any period of more than one-half of
a month during which such member is absent without pay. (4) A member shall receive service
credit for any and all paid leaves of absence, including a paid Family and Medical Leave Act
leave, regardless of the length of the leave and regardless of the performance of any services.
For member's terminating employment between August 1, 1993 and January 31, 2010, up to three
months of service credit was granted to members on unpaid Family and...
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25-4-16
Section 25-4-16 Wages. (a) Prior to January 1, 1983, "wages," as used in this chapter,
shall mean such remuneration as was defined in this section prior to such date. (b) On and
after January 1, 1983, "wages," as used in this chapter, shall mean every form of
remuneration paid or received for personal services, including the cash value of any remuneration
paid in any medium other than cash. The reasonable cash value of remuneration paid in any
medium other than cash shall be determined in accordance with rules prescribed by the director;
except that effective on May 28, 1980, and for the purposes of reporting and computing the
amount of contributions due, back pay awarded as the result of an agreement, arbitration,
or order of a court of competent jurisdiction on a retroactive basis shall be considered "wages"
during the calendar quarter in which such retroactive payments are made. The term "wages,"
however, shall not include: (1) That part of remuneration, which after remuneration...
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