Code of Alabama

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45-8A-22.110
Section 45-8A-22.110 Participation. (a) Every individual who becomes employed by the City of
Anniston, excluding any person who is employed as an independent contractor, as a sworn police
officer or as a sworn firefighter shall become a participant ("participant") in
the plan and shall make contributions to the trust in accordance with Section 45-8A-22.109.
(b) The City of Anniston shall withhold from all participants' compensation such participant
contributions each payroll period and the aggregate amount so withheld shall be paid to the
trustee to deposit in the trust. Participant contributions shall be paid beginning with a
participant's first paycheck after becoming a sworn police officer or as a sworn firefighter
as provided in subsection (a). (Act 2012-484, p. 1349, §11.)...
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45-8A-22.117
Section 45-8A-22.117 Termination of employment; return of contributions; participation in the
plan ceased. In the event a participant terminates employment with the City of Anniston as
a sworn police officer or sworn firefighter for any reason prior to becoming eligible for
a benefit from the plan, the participant shall be entitled to receive all his or her participant
contributions, without interest, made to the plan pursuant to Section 45-8A-22.109 and shall
have no further claim to benefits from the plan, and his or her participation in the plan
shall cease as of the date of termination. If the participant subsequently becomes employed
by the City of Anniston as a sworn police officer or as a sworn firefighter, he or she shall
be treated as a new participant and accrual of benefits shall begin as of the date of his
or her reemployment, unless otherwise allowed by applicable law to repay such participant
contributions to the plan and continue participation in the plan. All other...
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45-8A-22.116
Section 45-8A-22.116 Disability benefits. (a) Line of Duty Disability Benefit. (1) Effective
for Disabilities Occurring Before October 1, 2012. a. Participants Hired Before July 1, 2002.
A participant, who was hired by the City of Anniston as a sworn police officer or sworn firefighter
before July 1, 2002, who becomes permanently physically or mentally disabled as a result of
injuries received in the line of duty, rendering his or her retirement from service necessary,
shall be entitled to receive a disability benefit equal to the following: 1. Participants
With At Least Three Years of Service. The participant's disability benefit shall equal three
percent times the average of his or her monthly compensation for the last three years preceding
his or her retirement multiplied by 30. 2. Participants With Less Than Three Years of Service.
The participant's disability benefit shall equal three percent times the average of his or
her monthly compensation for all years of continuous service...
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45-8A-22.113
Section 45-8A-22.113 Retirement eligibility and benefit. (a) Participants Hired Before May
29, 1979. Subject to Section 45-8A-22.114, any person who was hired by the City of Anniston
as a sworn police officer or sworn firefighter before May 29, 1979, and who has been in continuous
service as a participant for a period of 20 years shall have a non-forfeitable right to a
benefit and shall be entitled to retire and receive a monthly benefit from the plan in an
amount equal to three percent of the average of his or her monthly compensation for the last
three years preceding his or her retirement multiplied by the number of years of continuous
service; provided, however, credit shall not be counted for continuous service in excess of
30 years. (b) Participants Hired On and After May 29, 1979. Any participant who was hired
by the City of Anniston as a sworn police officer or sworn firefighter on or after May 29,
1979, shall have a non-forfeitable right to a benefit to the extent described in...
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45-37A-51.120
Section 45-37A-51.120 Definitions. (a) The following words, terms, and phrases, wherever used
in this subpart, including this section, shall have the meanings respectively ascribed to
them in this section, unless the context plainly indicates otherwise or that a more restricted
or extended meaning is intended: (1) ANNIVERSARY DATE. The date of establishment and the month
and day thereof annually thereafter. (2) APPOINTED EMPLOYEE. A person who holds his or her
office or position by reason of being appointed by the mayor or city council or other appointing
authority of the city; who is not a classified service employee; and who serves solely at
the pleasure of the respective appointing authority. (3) BASIC MONTHLY EARNINGS and MONTHLY
SALARY. Basic monthly compensation, exclusive of overtime or other forms of extra compensation
but including longevity pay, which shall be regarded as having been received in equal monthly
installments during each of the months prior to the accrual date...
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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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45-8A-22.111
Section 45-8A-22.111 Participant eligibility for benefits. A participant's service with the
City of Anniston as a sworn police officer or a sworn firefighter is used to determine the
participant's eligibility for a benefit from the plan and the amount of benefits that the
participant may be entitled to receive. Unless provided otherwise, service shall be based
on a continuous period beginning on the first day of employment as a sworn police officer
or a sworn firefighter and ending on the participant's date of retirement, or if earlier,
his or her date of termination of employment or date of death. No service is credited for
any partial years of service. If the participant's employment with the City of Anniston as
a sworn police officer or a sworn firefighter terminates prior to becoming eligible for retirement,
he or she will lose any service credited under the plan. (Act 2012-484, p. 1349, §12.)...

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45-8A-22.102
Section 45-8A-22.102 Powers and duties of the retirement board.. (a) The retirement board shall
be responsible for the general administration and proper operation of the plan and shall administer
the plan for the exclusive benefit of participants and their beneficiaries, subject to the
terms of the plan. The retirement board shall administer the plan in accordance with its terms
and shall have the power and discretion to construe the terms of the plan and this subpart
and to determine all questions arising in connection with the administration, interpretation,
and application of the plan. Any such determination by the retirement board shall be conclusive
and binding upon all persons. (1) The retirement board shall have all powers necessary or
appropriate to accomplish the retirement board's duties under the plan, including, but not
limited to, the following: a. To determine all questions relating to the eligibility of a
sworn police officer or a sworn firefighter of the City of...
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45-37A-51.237
Section 45-37A-51.237 Payment of benefits during period of reemployment. (a) Anything herein
to the contrary notwithstanding and except as provided in subsection (b), no retirement benefits
of whatever kind or description shall be payable to any former participant for any period
during which the former participant is employed by the city, is due a salary from the city,
or has been paid a salary by the city, except persons elected by the people to serve the city
shall have the option of continuing to receive either retirement benefits or the compensation
for the office to which that person is elected, or that person may choose to receive both
such benefits and compensation. (b)(1) For the purposes of this section, "retired public
safety officer" means a retired law enforcement officer who was employed by the city
or a retired firefighter who was employed by the city. (2) Notwithstanding subsection (a),
a retired public safety officer who was employed by the city may be subsequently...
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45-8A-22.109
Section 45-8A-22.109 Contributions to the trust. (a) The secretary-treasurer shall receive
contributions to the trust that shall consist of the following: (1) All of the money, securities,
things of value, and assets belonging to any similar fund now being maintained by the City
of Anniston. (2) All money or properties that may be given or donated by any person, firm,
association, or corporation for the uses and purposes for which the trust is created, and
the retirement board may take by gift, grant, devise, or bequest, any money, personal property
or real estate, or any interest therein or any right of property for the benefit of the trust.
(3) Participant Contributions. a. Employee Contributions. Effective prior to October 1, 2002,
10 percent of each participant's monthly compensation, including overtime and any other pay,
which shall be deducted from such compensation and paid to the secretary-treasurer on or before
the tenth day each month next succeeding the month in which such...
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