Code of Alabama

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16-25A-21
Section 16-25A-21 Flexible employees' benefits programs. Employee premium contributions shall
be deducted, by all employers, from payroll on a pretax basis as permitted under Section 125
of the Internal Revenue Code. The board is authorized to transfer the necessary funds from
the Public Education Employees' Health Insurance Plan to the fund established by the Public
Education Flexible Employees Benefit Board for the administration of the Public Education
Flexible Employees Benefits Program. All public education employees shall be offered flexible
spending accounts by employers for pretax deductions for medical and childcare expenses. (Act
2004-646, 1st Sp. Sess., p. 6, §4.)...
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16-25A-41
Section 16-25A-41 Definitions. The following terms shall have the following meanings, unless
the context clearly indicates otherwise: (1) BOARD. The Public Education Flexible Employees
Benefit Board. (2) EMPLOYEE. Any person employed by a state or local board of education, postsecondary
institution, or other employer with employees as defined by Sections 16-25A-1 and 16-25A-11
participating in a state health insurance program. (3) EMPLOYER. Any local board of education
within the State of Alabama or other public institution of education within the state that
provides instruction at any combination of grades K-14 exclusively, under the auspices of
the State Board of Education, or the Alabama Institute for Deaf and Blind, or entities whose
employees are covered by the Public Education Employees' Health Insurance Plan pursuant to
Section 16-25A-11. (4) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, as amended.
(5) PARTICIPATING EMPLOYEE. An employee who elects to participate in...
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16-25A-40
Section 16-25A-40 Legislative findings. The Legislature finds that private employers have provided
their employees with flexible employee benefit plans which provide a savings both to the employer
and the employee, and that the State of Alabama, its departments and agencies, may provide
the same tax-effective benefits to its public education employees. It is, therefore, the intent
of the Legislature to provide for the establishment of one statewide, universal "cafeteria
plan" or flexible employee benefit plan to be made available to all employees in public
education in compliance with the Internal Revenue Code of 1986, and to implement the plan
in accordance with the rules and regulations established by the Public Education Flexible
Employees' Benefit Board created by this article. (Act 2004-650, 1st Sp. Sess., p. 31, §1.)...

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16-25A-45
Section 16-25A-45 Rules and regulations; contracts for services. The board shall promulgate
rules and regulations to implement the flexible benefits program, including, but not limited
to, setting policies and requirements concerning the administration of employee payments,
amounts deducted pursuant to salary reduction agreements, and advances from the Public Employees'
Health Insurance Plan and appropriations, if any. The board may contract for services with
the Flexible Employees' Benefit Board for the first year of operation of the plan regarding
pretax deductions for the payment of employee health insurance premium payments authorized
by the board and may contract for services with the Flexible Employees' Benefit Board or other
entities in subsequent years. The board may contract for necessary services to implement the
flexible benefits program including, but not limited to, the administration of salary reduction
agreements and non-health insurance premium components of the...
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16-25A-44
Section 16-25A-44 Participation of employees; purchase of benefits. In order to carry out the
provisions of the flexible employee benefit plan or any long-term care plan, or both, the
head of each department, agency, board of education, or other employer with employees as defined
by Section 16-25A-1 shall provide, at no local administrative cost to the employee, the flexible
employee benefit plan as provided for in this article to every employee and is authorized
on behalf of the state to deduct or reduce from salary or wages amounts voluntarily designated
by the employees pursuant to salary reduction agreements or benefit deduction agreements for
purchasing benefits offered under the plan and such reduction from salary and wages shall
be remitted to the board for administration of the program. Employers with employees as defined
by Section 16-25A-11 must offer such benefits as required by and under such conditions as
established by the board. (Act 2004-650, 1st Sp. Sess., p. 31, §5.)...
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27-54A-2
Section 27-54A-2 Treatment under certain policies and contracts. (a) As used in this section,
the following words have the following meanings: (1) APPLIED BEHAVIOR ANALYSIS. The design,
implementation, and evaluation of environmental modifications, using behavioral stimuli and
consequences, to produce socially significant improvement in human behavior, including the
use of direct observation, measurement, and functional analysis of the relationship between
environment and behavior. (2) AUTISM SPECTRUM DISORDER. Any of the pervasive developmental
disorders or autism spectrum disorders as defined by the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders (DSM) or the edition that was in effect at the
time of diagnosis. (3) BEHAVIORAL HEALTH TREATMENT. Counseling and treatment programs, including
applied behavior analysis that are both of the following: a. Necessary to develop, maintain,
or restore, to the maximum extent practicable, the functioning of an...
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16-25A-42
Section 16-25A-42 Board creation. (a) There is hereby created the Public Education Flexible
Employees Benefit Board, which shall consist of the chair and vice chair of the Public Education
Employees' Health Insurance Board and three members of the Public Education Employees' Health
Insurance Board, one of whom shall be the Director of Finance. Two members of the Public Education
Employees' Health Insurance Board shall be elected from the Public Education Employees' Health
Insurance Board's membership as members of the Public Education Flexible Employees' Benefit
Board. The individuals presently holding the offices shall constitute the initial membership
of the board, and their successors in office, by virtue of assuming such office, shall succeed
to membership on the board. The Director of Finance may designate a person to attend the meetings
from time to time and to vote in his or her absence. (b) The board shall elect one of its
members as chair of the board and another as vice chair...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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36-29-19.5
Section 36-29-19.5 Premium deductions shall be pretax; transfer of funds. Employee's contribution
to the health insurance premium shall be deducted from payroll on a pretax basis as permitted
under Section 125 of the Internal Revenue Code. The board is authorized to transfer the necessary
funds from the State Employees' Insurance Fund to the fund established by the Flexible Employees
Benefit Board for the administration of the flexible employees benefits program. (Act 2004-647,
1st Sp. Sess., p. 17, §2.)...
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16-25A-1
Section 16-25A-1 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) EMPLOYEE.
Any person covered by the Public Education Employees' Health Insurance Plan pursuant to Section
16-25A-11 or person who is employed full-time in any public institution of education within
the State of Alabama which provides instruction at any combination of grades K through 14,
exclusively, under the auspices of the State Board of Education or the Alabama Institute for
Deaf and Blind; provided, any person employed part-time by any public institution of education
within the State of Alabama which provides instruction at any combination of grades K through
14, exclusively, under the auspices of the State Board of Education or the Alabama Institute
for Deaf and Blind, shall be included in the definition of employee if such person shall agree
to have deducted from his or her compensation a pro rata...
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