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45-37A-51.137
Section 45-37A-51.137 The fund and its investment. (a) In each instance in which any provision
of this section requires a determination of the value of a security, or securities, in the
fund, the fair market value of such security or securities as determined by pricing sources
acceptable to the custodian, shall be deemed to be the value thereof. (b) The fund shall include
all assets of the fund in any form, and the city director of finance shall be, ex officio,
the custodian of the fund. The custodian shall keep a separate account of the fund and of
all assets and liabilities thereof and of all receipts and disbursements thereof and of all
prior service time and paid membership time of employee members. The custodian shall keep
all monies of the fund in a separate bank account. The custodian shall keep in force and effect
a bond in a penal amount equal to the total amount of monies and securities in such custodian's
custody or possession, but in no event in excess of fifty thousand...
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19-3A-402
Section 19-3A-402 Distributions from trust or decedent's estate. A fiduciary shall allocate
to income an amount received as a distribution of income from a trust or a decedent's estate
in which the trust has an interest other than a purchased interest, and shall allocate to
principal an amount received as a distribution of principal from such a trust or decedent's
estate. If a fiduciary purchases an interest in a trust that is an investment entity, or a
decedent or donor transfers an interest in such a trust to a fiduciary, then Section 19-3A-401
or Section 19-3A-415 applies to a receipt from such a trust. (Act 2000-675, p. 1343, ยง1.)...
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10A-10-1.21
Section 10A-10-1.21 Income tax. (a) A real estate investment trust shall be subject to the
tax imposed by Section 40-18-31, provided, that for purposes of Section 40-18-33, the "net
income" of a real estate investment trust shall mean "real estate investment trust
taxable income" as defined in 26 U.S.C. Section 857 as in effect from time to time. (b)
Solely for purposes of conforming federal law with Alabama law, the "net income"
of a real estate investment trust determined pursuant to subsection (a) shall be further adjusted
as follows: (1) The deduction for intercorporate dividends received under Section 40-18-35(a)
(7), shall not be allowed. (2) The deduction for dividends paid, as defined in 26 U.S.C. Section
561, shall be allowed but (i) shall be computed without regard to that portion of the deduction
which is attributable to the amount equal to the net income from foreclosure property as defined
in 26 U.S.C. Section 857, and (ii) shall be limited by the provisions of Section...
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19-3A-302
Section 19-3A-302 Apportionment of receipts and disbursements upon decedent's death or when
income interest begins. (a) A fiduciary shall allocate an income receipt or disbursement,
other than one to which Section 19-3A-201(a) applies, to principal in the following instances:
(1) In the case of a decedent's estate, if its due date occurs before the date of a decedent's
death; or (2) In the case of a trust or successive income interest, if its due date occurs
before an income interest begins. (b) A fiduciary shall allocate an income receipt or disbursement
to income if its due date occurs on or after the date on which a decedent dies or an income
interest begins and it is a periodic due date. An income receipt or disbursement shall be
treated as accruing from day to day if its due date is not periodic or if it has no due date.
The portion of the receipt or disbursement accruing before the date on which a decedent dies
or an income interest begins shall be allocated to principal and the...
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19-3A-301
Section 19-3A-301 When right to income begins and ends. (a) An income beneficiary is entitled
to net income from the date on which the income interest begins. An income interest begins
on the date specified in the terms of the trust or, if no date is specified, then on the date
an asset becomes subject to a trust or a successive income interest. (b) An asset becomes
subject to a trust at the following times: (1) In the case of an asset that is transferred
to a trust during the transferor's life, on the date such asset is transferred to the trust;
(2) In the case of an asset that becomes subject to a trust by reason of a will, on the date
of a testator's death, even if there is an intervening period of administration of the testator's
estate; or (3) In the case of an asset that is transferred to a fiduciary by a third party
because of the individual's death, on the date of an individual's death. (c) An asset becomes
subject to a successive income interest on the day after the preceding...
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19-3A-604
Section 19-3A-604 Application to existing trusts and estates. This chapter shall become applicable
on January 1, 2001, to every trust and decedent's estate already in existence on January 1,
2001, and to every testamentary trust to be created on or after January 1, 2001, from a decedent's
estate that is already in existence on January 1, 2001; provided, however, at any time prior
to January 1, 2003, any such pre-existing trust or decedent's estate (or testamentary trust
to be created from a pre-existing estate) shall have the right to elect to continue operating
under the law in effect prior to this chapter. Any fiduciary, income beneficiary, or presumptive
remainder beneficiary of an affected trust or estate shall have the right to make the election
to continue operating under the law in effect prior to this chapter, which election shall
be made by a written instrument delivered to, or executed by, the fiduciary and placed with
the fiduciary's records. The decision of whether to make...
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19-3A-303
Section 19-3A-303 Apportionment when income interest ends. (a) For the purposes of this section,
"undistributed income" means net income received before the date on which an income
interest ends. The term does not include an item of income or expense that is due or accrued
or net income that has been added or is required to be added to principal under the terms
of the trust. (b) Except as provided in subsection (c), on the date when a mandatory income
interest ends, the fiduciary shall pay to a mandatory income beneficiary who survives that
date, or the estate of a deceased mandatory income beneficiary whose death causes the interest
to end, the mandatory income beneficiary's share of the undistributed income that is not disposed
of under the terms of the trust. (c) If, immediately before the income interest ends, the
mandatory income beneficiary has an unqualified power to revoke more than five percent of
the trust, then the undistributed income from the portion of the trust that may...
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19-5-5
Section 19-5-5 Division of trust with more than one beneficiary or class thereof for GST purposes
into separate share trusts to effectuate allocation of grantor's, decedent's, or surviving
spouse's GST exemption. When a grantor or decedent transfers property into a trust which has,
or which pours into another trust which has, more than one beneficiary or class of beneficiaries
for GST purposes, and when the grantor or fiduciary allocates the grantor's or decedent's
GST exemption for the benefit of one or more, but less than all, beneficiaries or classes
of beneficiaries of such trust, or when the surviving spouse of the grantor or decedent, or
such surviving spouse's fiduciary, allocates the surviving spouse's GST exemption for the
benefit of one or more, but less than all, beneficiaries or classes of beneficiaries of such
trust, and when the instrument creating the trust does not specifically prohibit a fiduciary
from dividing such trust into separate share trusts, a fiduciary shall...
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27-17A-50
Section 27-17A-50 Financial interest in asset or business in which endowment care trust invests,
etc.; disposition of funds. (a) No cemetery authority may directly or indirectly require or
direct the investment, reinvestment, or retention by a qualified trustee of any part of an
endowment care trust in any asset or business in which the cemetery authority or any officer,
director, owner, partner, or employee of the cemetery authority has a financial interest.
Nothing contained in this subsection shall prevent the trustee, subject to the provisions
regarding investment and reinvestment of the trust estate as are contained in the governing
instrument creating the trust, from investing, reinvesting, or retaining any asset or business
in which the cemetery authority or any officer, director, owner, partner, or employee of the
cemetery authority has an insubstantial or nonmaterial financial interest, provided that the
trustee, in the exercise of the trustee's discretion, deems the...
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38-9B-6
Section 38-9B-6 Rights and interests of life beneficiaries and contributors. (a) No life beneficiary
shall have any vested or property rights or interests in the AFT Trust, nor shall any life
beneficiary have the power to anticipate, assign, convey, alienate, or otherwise encumber
any interest in the income or principal of the AFT Trust nor shall the income or principal
be or any interest of any life beneficiary thereunder be liable for any debt incurred by the
life beneficiary, nor shall the principal or income of the AFT Trust Fund be subject to seizure
by any creditor of any life beneficiary under any writ or proceeding in law or in equity.
(b) Except for the right of a contributor who is not and whose spouse is not a life beneficiary
to revoke any contribution made to the AFT Trust, pursuant to subdivision (5) of subsection
(c) of Section 38-9B-5, neither the settlor, contributor, nor any acting co-trustee has the
right to sell, assign, convey, alienate, or otherwise encumber, for...
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