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45-37A-51.02
Section 45-37A-51.02 Pension system established; payment of employee contributions. (a) There
is established in and for the city a pension system which shall be known as the Firemen's
and Policemen's Supplemental Pension System. For the purpose of brevity the system will at
times hereinafter be referred to as the supplemental pension system. (b) Any other provision
of law notwithstanding, the City of Birmingham, as the employer, is authorized to enter into
agreements with the members of the Firemen's and Policemen's Supplemental Pension System to
adjust wages or salaries and to pay an employee's required contributions to the fund. All
agreements under this section shall conform to applicable federal income tax laws, rules,
and regulations. (c) Any other provision of law notwithstanding, the City of Birmingham, as
the employer, may adopt a program and plan amendments relating to the employee members of
the Firemen's and Policemen's Supplemental Pension System meeting the requirements of...
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45-37A-51.161
Section 45-37A-51.161 Exception to general rule. (a) Anything herein to the contrary notwithstanding,
no member of the pension system provided by the following legislation, if such legislation
is applicable to the city, shall be a member of the system: (1) The Policemen's Pension and
Relief Plan provided by Act 502 of the 1923 Session of the Legislature of Alabama, as amended
or codified. (2) The Firemen's Pension and Relief Plan provided by Act 307 of the 1943 Session
of the Legislature of Alabama, as amended (Acts 1943, p. 264). (3) The Limited Policemen's
Retirement and Relief System provided by Act 470 of the 1955 Regular Session of the Legislature
of Alabama, as amended (Acts 1955, p. 1067). (4) Limited Firemen's Pension and Relief System
provided by Act 217 of the 1966 Special Session of the Legislature of Alabama, as amended
(Acts 1966, p. 280). (b) No person who may enter the service on or after September 19, 1939,
whether in the police or fire department or not, shall become a...
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45-37A-51.228
Section 45-37A-51.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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45-37A-52.228
Section 45-37A-52.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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36-27-6
Section 36-27-6 Participation of employees of counties, cities, towns, public or quasi-public
organizations, etc. - Generally. (a) The governing board of any county, city, town or public
or quasi-public organization of the state or of any political subdivision thereof or the Alabama
Extension Service and Agricultural Experiment Station System of Auburn University may, by
resolution legally adopted to conform to rules prescribed by the Board of Control, elect to
have its officers and employees from whatever sources and in whatever manner paid become eligible
to participate in the retirement system; and the Adjutant General of the state, with the approval
of the Governor, may, by application properly prepared and submitted in conformity with rules
prescribed by the Board of Control, elect to have those employees of the Alabama National
Guard employed pursuant to 32 U.S.C.A., Section 709, and paid from federally appropriated
funds, become eligible to participate in this retirement system....
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16-25-10
Section 16-25-10 Certain school bus drivers, mechanics and maintenance workers - Persons previously
under Employees' Retirement System of Alabama. (a) All employees of city and county boards
of education and special schools under the direct control of the State Board of Education
now covered in the Employees' Retirement System of Alabama under the provisions of Section
36-27-6 who would have been eligible for coverage in the Teachers' Retirement System of Alabama
under the provisions of Section 16-25-9 except for being covered in the Employees' Retirement
System of Alabama, may be enrolled and transferred to the Teachers' Retirement System of Alabama
by their employer with all credits as have been established in the Employees' Retirement System
of Alabama. (b) Upon enrollment and transfer to the Teachers' Retirement System of Alabama,
such employee shall be deemed to be a "teacher" under the teachers' retirement law
and shall make contributions as all other teachers and shall receive...
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36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT,
ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan
member who withdraws from service upon or after attainment of age 60 and any Tier II plan
member who withdraws from service upon or after attainment of age 62 may retire upon written
application to the Board of Control setting forth at what time, not less than 30 days nor
more than 90 days subsequent to the execution and filing thereof, he or she desires to be
retired; provided, that any such member who became a member on or after October 1, 1963, shall
have completed 10 or more years of creditable service; provided further, that a Tier I plan
member employed as a state policeman shall be eligible to file application for service retirement
upon attaining age 52 and a Tier II plan member employed as a state policeman or employed
as a correctional officer, firefighter, or law enforcement officer as defined...
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45-37A-51.09
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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45-37A-51.226
Section 45-37A-51.226 Extraordinary disability allowance. (a) Extraordinary disability allowance
for participants joining the system prior to January 1, 1989. (1) In the event a participant
who joins the system prior to January 1, 1989, shall become totally disabled to perform his
or her customary duties by reason of personal injury received as a result of an accident arising
out of and in the course of his or her employment in the service and occurring at a definite
time and place, then in the event such total disability shall continue until the participant
ceases to draw salary as an employee of the city, such disabled participant shall be entitled
to a monthly allowance from the fund equal to 70 percent of his or her monthly salary at the
time of the accident which resulted in such total disability, subject to the offset for any
workers' compensation benefit or other such disability benefit payable by the city as set
forth hereafter. (2) Benefits payable hereunder shall commence...
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11-40-18.2
Section 11-40-18.2 Liability and indemnification under firemen's and policemen's supplemental
pension system. In the absence of wantonness or willful misconduct, in any Class 1 municipality,
the board of firemen and policemen for the Class 1 municipality, the members of the board
of firemen and policemen, and any officer, employee, or agent of a Class 1 municipality or
of the board of firemen and policemen shall not incur any liability, individually or on behalf
of any other individuals or on behalf of a Class 1 municipality or the board of firemen and
policemen in a Class 1 municipality, for any act or failure to act in relation to the plan
or the fund of any firemen's and policemen's supplemental pension system established pursuant
to Act 556 of the 1959 Regular Session (Acts 1959, p. 1376). In the absence of wantonness
or willful misconduct, officers and members of the board, employees in any Class 1 municipalities,
and agents of any Class 1 municipality and of the board of firemen...
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