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19-3B-814
Section 19-3B-814 Discretionary powers; tax savings. (a) Notwithstanding the breadth of discretion
granted to a trustee in the terms of the trust, including the use of such terms as "absolute,"
"sole," or "uncontrolled," the trustee shall exercise a discretionary
power in good faith and in accordance with the terms and purposes of the trust and the interests
of the beneficiaries. (b) Subject to subsection (d), and unless the terms of the trust expressly
indicate that a rule in this subsection does not apply: (1) a person other than a settlor
who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary
distributions to or for the trustee's personal benefit may exercise the power only in accordance
with an ascertainable standard; and (2) a trustee may not exercise a power to make discretionary
distributions to satisfy a legal obligation of support that the trustee personally owes another
person. (c) A power whose exercise is limited or prohibited...
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27-36A-8
Section 27-36A-8 Reserve valuation method - Life insurance and endowment benefits. (a) Except
as otherwise provided in Sections 27-36A-9, 27-36A-12, and 27-36A-14, reserves according to
the commissioners reserve valuation method, for the life insurance and endowment benefits
of policies providing for a uniform amount of insurance and requiring the payment of uniform
premiums, shall be the excess, if any, of the present value, at the date of valuation, of
the future guaranteed benefits provided for by the policies over the then present value of
any future modified net premiums therefor. The modified net premiums for a policy shall be
the uniform percentage of the respective contract premiums for the benefits, excluding extra
premiums on a substandard policy, that the present value, at the date of issue of the policy,
of all modified net premiums shall be equal to the sum of the then present value of the benefits
provided for by the policy and the excess of subdivision (1) over...
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36-29-20
Section 36-29-20 Legislative findings and intent. 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 employees. It is, therefore,
the intent of the Legislature to provide for the establishment of a "cafeteria plan"
or flexible employee benefit plan in compliance with the Internal Revenue Code of 1986, with
every effort being used to utilize the existing resources of the state Comptroller to implement
said plan in conjunction with the Flexible Employees Benefits Board. (Acts 1989, No. 89-644,
p. 1272, §1.)...
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40-18-31.2
Section 40-18-31.2 Factor presence nexus standard for business activity. (a)(1) Individuals
who are residents or domiciliaries of this state and business entities that are organized
or commercially domiciled in this state have substantial nexus with this state. (2) Nonresident
individuals and business entities organized outside of the state that are doing business in
this state have substantial nexus and are subject to the taxes provided for in Chapters 14A,
18, and 16 of this title, when in any tax period the property, payroll, or sales of the individual
or business in the state, as they are defined in subsection (d), exceeds the thresholds set
forth in subsection (b). (b) Substantial nexus is established if any of the following thresholds
are exceeded during the tax period: (1) A dollar amount of fifty thousand dollars ($50,000)
of property. (2) A dollar amount of fifty thousand dollars ($50,000) of payroll. (3) A dollar
amount of five hundred thousand dollars ($500,000) of sales, as...
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16-44A-31
Section 16-44A-31 Citizenship Trust established. (a) The State of Alabama hereby establishes
and authorizes the Citizenship Trust, herein referred to as the "trust." (b) The
purpose of the trust is to strengthen and renew the foundation of American liberty and self-government
through citizenship education. The trust shall provide students with high quality educational
programs, learning experiences, and resources inside and outside the classroom which enhance
their understanding and appreciation of the principles of American citizenship, and knowledge
of the Constitution, Bill of Rights, and other essential foundations of the American Republic,
and which encourage them to serve and lead their communities, state, and nation as active,
responsible, informed, and law-abiding citizens. Programs shall be focused on improving student
learning and achievement in the critical academic areas of American history, government, civics,
and citizenship. (c) The trust shall encourage voluntary,...
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40-18-86
Section 40-18-86 Sale or transfer of real property and associated tangible property by nonresidents.
(a) As used in this section, the term nonresident of Alabama shall include individuals, trusts,
partnerships, corporations, and unincorporated organizations. Any seller or transferor who
meets all of the following conditions and who provides the buyer or transferee with an affidavit
signed under oath swearing or affirming that all of the following conditions are met will
be deemed a resident for purposes of this section: (1) The seller or transferor has filed
Alabama income tax returns or appropriate extensions have been received for the two income
tax years immediately preceding the year of sale. (2) The seller or transferor is in business
in Alabama and will continue substantially the same business in Alabama after the sale or
the seller or transferor has real property remaining in the state at the time of closing of
equal or greater value than the withholding tax liability as...
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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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45-37-123
Section 45-37-123 General Retirement System for Employees of Jefferson County. (a) This part
is a defined benefit pension plan, to be known as the General Retirement System for Employees
of Jefferson County. (b) The plan was originally established in Acts 1965, No. 497, 1965 Regular
Session (Acts 1965, p. 717), which has been amended from time to time, for the purpose of
providing retirement or other specified benefits to eligible individuals. (c) Assets from
the previous retirement systems were transferred to this plan, and the system is responsible
for all obligations of such previous retirement systems. (d) The plan is intended to be a
governmental plan within the meaning of § 414(d), Internal Revenue Code, and within the meaning
of § 3(32), Employee Retirement Income Security Act of 1974, as amended, and, as such, is
exempted from the provisions of Title I of the Employee Retirement Income Security Act of
1974. (Act 2013-415, p. 1586, §1.)...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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27-17A-31
Section 27-17A-31 Deposits into trust; trustee responsibilities; interests in funds. (a) Any
person who is paid, collects, or receives funds under a preneed contract for funeral services
or funeral merchandise to be funded by trust shall deposit in trust an amount at least equal
to the sum of 75 percent of the amount collected on the purchase price for all funeral services
and funeral merchandise sold, transportation, and facilities rented other than outer burial
containers, 60 percent of the amount collected on the purchase price for outer burial containers,
110 percent of the wholesale cost of memorials from the amount collected on the purchase price
of memorials, and 100 percent of the amount collected on the purchase price for all cash advance
items sold. (b) All deposits shall be made within 30 days after the end of the calendar month
in which the preneed contract is paid in full, unless, prior to that time, all liabilities
of the seller under the preneed contract to deliver the...
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