Code of Alabama

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45-37-123.23
Section 45-37-123.23 Records and reports. (a) Records. The pension board shall keep a record
of all of its proceedings, which shall be open to public inspection. Additionally, the pension
board shall keep all other books of account, records, policies, compensation records, service
records, and other data that may be necessary for proper administration of the plan and shall
be responsible for supplying all information and reports to the Internal Revenue Service,
members, beneficiaries, and others as may be required by law. (b) Correction of records. (1)
The pension board shall correct any error in a member's service record which the pension board
concludes is necessary to correct or remove an injustice or prevent a member from receiving
less or more than such member is entitled to receive under the plan. The pension board shall
adopt written rules prescribing the procedure the pension board shall follow in considering
whether an error in an employee's service record should be corrected....
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12-18-150
Section 12-18-150 (Effective November 8, 2016, subject to contingencies) Definitions. When
used in this article, the following terms shall have the following meanings, respectively,
unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of
all the amounts deducted from the compensation of a member credited to his or her individual
account in the Judges' and Clerks' Plan, together with regular interest thereon. (2) ACTUARIAL
EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables
adopted by the Board of Control and regular interest. (3) ANNUITY. Payments for life derived
from the accumulated contributions of a member. All annuities shall be payable in equal monthly
installments. (4) AVERAGE FINAL COMPENSATION. The average annual compensation of a judge or
clerk with respect to which he or she had made contributions pursuant to Section 12-18-152
during the five years in his or her last 10 years of membership service for...
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12-17-227
Section 12-17-227 (Effective November 8, 2016, subject to contingencies) Definitions. When
used in this division, the following terms shall have the following meanings, respectively,
unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of
all the amounts deducted from the compensation of a member credited to his or her individual
account in the District Attorneys' Plan, together with regular interest thereon. (2) ACTUARIAL
EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables
adopted by the Board of Control and regular interest. (3) ANNUITY. Payments for life derived
from the accumulated contributions of a member. All annuities shall be payable in equal monthly
installments. (4) AVERAGE FINAL COMPENSATION. The average annual compensation of a district
attorney with respect to which he or she had made contributions pursuant to Section 12-17-227.2
during the five years in his or her last 10 years of membership service...
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45-37-123.102
Section 45-37-123.102 Disability retirement benefits. (a) Non-service connected disability
benefits. Subject to subsection (h), any member who, after accumulating 10 years of paid membership
time, experiences a total disability as a result of a non-service connected disability shall
be entitled to receive, at the time set forth in subsection (e), monthly disability retirement
benefits determined in accordance with Section 45-37-123.100, as though the disabled member
were entitled to a superannuation retirement benefit at the commencement of the disability;
however, there shall be a percentage reduction of such benefit to reflect early commencement
of the payment, such percentage to be based on the member's whole years from actual eligibility
for a superannuation retirement benefit, as set forth below. Notwithstanding any provisions
to the contrary, the minimum monthly disability retirement benefit payable in connection with
a non-service connected disability shall be 50 percent of the...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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36-27-6.5
Section 36-27-6.5 Employers authorized to provide Tier I retirement benefits to Tier II plan
members. (a) Any employer participating in the Employees' Retirement System of Alabama pursuant
to Section 36-27-6, may, by adoption of a resolution by May 8, 2021, elect to provide to its
Tier II plan members the same retirement benefits provided to Tier I plan members. Provided,
however, the Employees' Retirement System Board of Control, based on a staff review of the
historical compliance with ERS requirements as well as the financial stability of the local
government entity, may elect to deny the election authorized herein. The local entity may
petition the Board of Control for a reconsideration of its action by May 8, 2021. The election
shall be irrevocable and shall be effective at the beginning of the fiscal year following
the date the resolution is received by the ERS. (b) Any employer that has not increased the
Tier I member contribution rates as provided in Act 2011-676 shall develop...
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45-49A-63
Section 45-49A-63 Definitions. As used in this part, the following words and terms shall have
meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is payable
as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY. The person or
persons named by a member by written designation filed with the board to receive payments
under this plan after the member's death. The member may not change his or her beneficiary
after his or her annuity starting date. If no beneficiary designation is in effect at the
member's death, or if no person so designated survives the member, the member's surviving
spouse, if any, shall be deemed to be the beneficiary, otherwise the beneficiary shall be
the member's estate. (3) BOARD. The Police and Fire Pension Board as constituted under Section
45-49A-63.120, or its delegate. (4) BREAK IN SERVICE. A period of absence which would constitute
a break in the member's service under the Mobile County Personnel Board rules;...
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45-8A-22.119
Section 45-8A-22.119 Death benefits. (a) Participant Death in the Line of Duty. (1) Effective
for Deaths Occurring Before October 1, 2012. a. Surviving Spouse. If a participant dies as
a result of injuries received in the line of duty and leaves a surviving spouse, the retirement
board shall direct the payment to the surviving spouse of a monthly pension equal to Option
B-100 percent joint and survivor plan, described in Section 45-8A-22.120, based on a 30-year
service retirement. b. No Surviving Spouse and Surviving Children. If a participant dies as
a result of injuries received in the line of duty and leaves no surviving spouse or the surviving
spouse should die, and if the participant leaves a surviving child or children under the age
of 18 years, then a benefit of 50 percent of the amount the participant would have been paid
under the 100 percent joint and survivor plan based on a 30-year service retirement shall
be paid to the legal guardian of the child or children then under...
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45-37A-51.12
Section 45-37A-51.12 Refund of contributions for certain participants. It is hereby provided
that the provisions of those sections of Act 929 as amended by Act 1272, 1973 Regular Session
(Acts 1973, p. 2141), hereinafter in this section specified shall apply (except as hereinafter
provided) to the supplemental pension system in the same manner in which the same provisions
of the sections hereinafter specified apply to the general retirement and relief system established
by Act 929. The sections of Act 929 (including any amendments thereof heretofore made) which
shall apply to this supplemental pension system are the following sections of Act 929: Article
VI, Section 16 (entitled Termination of Employment Ineligibility - Return of Contributions);
Section 17 (entitled Payment of Return of Contributions); Section 18 (entitled Designation
of Severance Beneficiary); Article V, Section 6 (entitled Refund of Erroneous Contributions);
Article VII, Section 1 (entitled Liabilities of Employee...
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36-27-54.1
Section 36-27-54.1 Purchase of credit for prior service with Alabama State Docks. (a) Any active
and contributing member of the Employees' Retirement System, who is employed by the Alabama
State Docks on October 1, 1993, may purchase credit in the Employees' Retirement System for
prior service with the state docks if the member has not received credit in the system for
the same prior service and has not vested or otherwise become eligible to receive a retirement
benefit by using the same prior service credit in another pension plan offered by the state
docks. (b) A member of the Employees' Retirement System who is eligible to purchase any prior
service credit under subsection (a) shall receive the credit if he or she pays into the system
on or before his or her date of retirement, an amount of five percent of the greater of the
member's current annual earnable compensation or average final compensation for the entire
period of prior service claimed, or any portion thereof, plus eight...
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