40-18-70
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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45-37-123.134
Section 45-37-123.134 Purchase of permissive service credit. (a) In general. If a member makes
one or more contributions to the plan to purchase permissive service credit under the plan,
the requirements of § 415, Internal Revenue Code, shall be treated as met with respect to
these contributions if: (1) The requirements of § 415(b), Internal Revenue Code, are met,
determined by treating the accrued benefit derived from all such contributions as an annual
benefit for purposes of § 415(b), Internal Revenue Code, provided, however, the plan shall
not fail to meet the reduced limit under § 415(b)(2)(C), Internal Revenue Code, solely by
reason of this section; or (2) The requirements of § 415(c), Internal Revenue Code, are met,
determined by treating all such contributions as annual additions for purposes of § 415(c),
Internal Revenue Code, provided, however, the plan shall not fail to meet the percentage limitation
under § 415(c)(1)(B), Internal Revenue Code, solely by reason of...
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19-3D-19
Section 19-3D-19 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TAX-RELATED LIMITATIONS.
(a) In this section the following terms have the following meanings: (1) GRANTOR TRUST. A
trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. Sections
671 through 677, as amended, or 26 U.S.C. Section 679, as amended. (2) INTERNAL REVENUE CODE.
The United States Internal Revenue Code of 1986, as amended. (3) NONGRANTOR TRUST. A trust
that is not a grantor trust. (4) QUALIFIED BENEFITS PROPERTY. Property subject to the minimum
distribution requirements of 26 U.S.C. Section 401(a)(9), as amended, and any applicable regulations,
or to any similar requirements that refer to 26 U.S.C. Section 401(a)(9) or the regulations.
(b) An exercise of the decanting power is subject to the following limitations: (1) If a first
trust contains property that qualified, or would have...
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45-37-123.192
Section 45-37-123.192 Construction of plan. The plan shall be construed and enforced according
to the Internal Revenue Code, the act, and the laws of this state, other than its laws respecting
choice of law. In the event of any discrepancy between the terms of the plan or the act and
those of applicable federal law, federal law shall apply. (Act 2013-415, p. 1586, §2:9.3.)...

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45-8A-22.133
Section 45-8A-22.133 Construction. (a) Choice of Law. The plan shall be construed and enforced
according to the Internal Revenue Code, this subpart, and the laws of the State of Alabama,
other than its laws respecting choice of law. In the event of any discrepancy between the
terms of the plan or this subpart and those of applicable federal law, federal law shall apply.
(b) Gender and Number. Words used herein in the masculine gender include the feminine and
neuter, and whenever any words are used herein in the singular or plural form, they shall
be construed as though they were also used in the other form in all cases where they would
so apply. (c) Headings and Severability. The headings and subheadings of the plan have been
inserted for convenience of reference and are to be ignored in any construction of the provisions
hereof. If, for any reason, any clause, sentence, subsection, section, or provision of the
plan, or the application thereof, to any person, body, situation, or...
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16-25A-43
Section 16-25A-43 Establishment of flexible employee benefit plan; long-term care plan. The
board is authorized to establish a flexible employee benefit plan for employees in compliance
with Section 125 and any other applicable sections of the Internal Revenue Code. The flexible
employee benefit plan may provide for payments or salary reductions for qualified benefits
in accordance with Section 125 of the Internal Revenue Code, which presently include health
insurance premiums, group life insurance, disability insurance, supplemental health and accident
insurance, dependent care expenses, and such other types of employee benefits permitted under
Section 125 and any other applicable sections of the Internal Revenue Code. Furthermore, the
board may establish a long-term care plan for employees. (Act 2004-650, 1st Sp. Sess., p.
31, §4.)...
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16-25C-1
Section 16-25C-1 Legislative intent. It is the intent of the Legislature to make available
to participants a defined contribution plan as described in Section 401 of the Internal Revenue
Code, so as to enable the participants to conveniently and economically receive the fullest
benefits offered by federal tax law as it relates to qualified defined contribution savings
plans for public employees covered by a mandatory defined benefit public employee savings
plan and participating in voluntary supplemental deferred compensation or tax sheltered annuity
plans under Internal Revenue Code Sections 457 and 403(b) respectively. (Act 2001-704, p.
1562, §2.)...
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36-27C-1
Section 36-27C-1 Legislative intent. It is the intent of the Legislature to make available
to participants a defined contribution plan as described in Section 401 of the Internal Revenue
Code, so as to enable the participants to conveniently and economically receive the fullest
benefits offered by federal tax law as it relates to qualified defined contribution savings
plans for public employees covered by a mandatory defined benefit public employee savings
plan and participating in voluntary supplemental deferred compensation or tax sheltered annuity
plans under Internal Revenue Code Sections 457 and 403(b) respectively. (Act 2001-704, p.
1562, §1.)...
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45-8A-22.124
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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16-33C-3
Section 16-33C-3 Definitions. The following terms as used in this chapter shall have the meanings
ascribed to them, unless the context clearly indicates otherwise: (1) ABLE PROGRAM. The Achieving
a Better Life Experience Program established pursuant to this chapter and defined in Section
529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to
assist individuals and families to save private funds to support individuals with disabilities
to maintain health, independence, and quality of life. (2) ABLE SAVINGS ACCOUNT. An individual
ABLE trust fund account established by a contributor pursuant to this chapter to apply distributions
from the account toward qualified disability expenses for an eligible designated beneficiary,
both terms as defined in Section 529A of the Internal Revenue Code of 1986, as amended, or
other applicable federal law. (3) ABLE TRUST FUND. The fiduciary trust fund established pursuant
to this chapter comprised of separate and...
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