Section 40-18-70 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed by this section: (1) EMPLOYEE. Employee as defined in the
Internal Revenue Code, as amended from time to time. (2) EMPLOYER. Employer as defined in
the Internal Revenue Code, as amended from time to time. An employer is required to withhold
tax from the wages of employees to the extent that such wages are earned in Alabama, whether
the employee is a resident or a nonresident of the state. (3) INTERNAL REVENUE CODE. The Internal
Revenue Code of the United States, as amended from time to time. (4) PROVISIONAL CONSTRUCTION
EMPLOYERS. A provisional construction employer is any employer, including members of its affiliated
group as that term is defined in the Internal Revenue Code, that (i) employs 50 or more employees
in a construction project for qualified property located in a tax increment district in which
not less than 50 percent, by area, of the real property...
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Section 41-10-727 Definitions. As used in this division, the following words shall have the
following meanings: (1) DEPARTMENT. The Department of Revenue. (2) EMPLOYEE. An employee,
as defined in the Internal Revenue Code, as amended from time to time; except that any individual
providing services to an employer on an hourly, part-time, full-time, salaried, or contractual
basis shall be considered an employee for purposes of this division. (3) EMPLOYER. An employer,
as defined in the Internal Revenue Code, as amended from time to time, that is either a general
contractor or subcontractor that primarily holds itself out for hire to the general public
as a general contractor or subcontractor and who receives more than five percent of its annual
gross revenue from business described in either North American Industry Classification System
(NAICS) Code 236, 237, or 238 of the United States Department of Commerce in effect as of
January 1, 2009. This definition does not apply to or include...
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Section 45-8A-22.118 Maximum benefits; limitations; adjustments. (a) Annual Benefit and Final
Regulations Under Internal Revenue Code Section 415. (1) Annual Benefit. For purposes of this
section, "annual benefit" means the benefit payable annually under the terms of
the plan, exclusive of any benefit not required to be considered for purposes of applying
the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight
life annuity with no ancillary benefits. If the benefit is payable in any other form, the
annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to
subsection (c). (2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding
anything in this section to the contrary, the following provisions apply beginning on or after
January 1, 1976, except as otherwise provided in this section. a. Incorporation by Reference.
The limitations, adjustments, and other requirements prescribed in the plan shall...
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Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this section:
(1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation, assignment
at law or in equity, alienation, attachment, garnishment, levy, execution, or other legal
or equitable process. The term includes: (i) any arrangement providing for the payment to
the employer or other sponsor of such plan of benefits that otherwise would be due the participant
under the plan; (ii) any direct or indirect arrangement, whether revocable or irrevocable,
whereby any person acquires from a participant or beneficiary of such plan a right or interest
enforceable against the plan in, or to, all or any part of a plan benefit which is, or may
become, payable to the participant or beneficiary; (iii) any attachment, execution, seizure,
or the like, or under any form of legal process whatsoever; and (iv) the operation of any
bankruptcy or insolvency laws under 11 U.S.C. § 522(b) as from...
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Section 45-8A-22.124 Eligible rollover distribution; direct rollover. (a) Rollovers Generally.
(1) Notwithstanding any provision of the plan to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the
manner prescribed by the retirement board, to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(2) Definitions. a. Eligible Rollover Distribution. 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: 1. Any distribution that is one of
a series of substantially equal periodic payments, not less frequently than annually, made
for the life, or life expectancy, of the distributee or the joint lives, or joint life expectancies,
of the distributee and the distributee's designated...
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Section 45-37A-51.09 Compensation limits; forfeitures; required minimum. (a) Compensation in
excess of one hundred sixty thousand dollars ($160,000), or such other amount provided in
the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall be
adjusted for increases in the cost-of-living in accordance with Section 401(a)(17)(B), except
that the dollar increase in effect on January 1 of any calendar year shall be effective for
the fiscal years beginning with or within such calendar year. If compensation for any prior
determination period is taken into account in determining a participant member's benefits
for the current fiscal year, the compensation for such prior determination period is subject
to the applicable annual compensation limit in effect for that prior period. (b) Notwithstanding
the foregoing and to the extent applicable to governmental plans as such are defined in Section
414(d) of the Internal Revenue Code of 1986, as amended, in no event may...
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Section 27-15-28.2 Standard nonforfeiture law for individual deferred annuities - Annuity contracts
issued after June 30, 2006, or by election under this section until June 30, 2006. (a) This
section shall be known as the standard nonforfeiture law for individual deferred annuities.
(b) This section shall not apply to any reinsurance group annuity purchased under a retirement
plan or plan of deferred compensation established or maintained by an employer (including
a partnership or sole proprietorship) or by an employee organization, or by both, other than
a plan providing individual retirement accounts or individual retirement annuities under Section
408 of the Internal Revenue Code, as now or hereafter amended, premium deposit fund, variable
annuity, investment annuity, immediate annuity, any deferred annuity contract after annuity
payments have commenced or reversionary annuity, nor to any contract which shall be delivered
outside this state through an agent or other representative...
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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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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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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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