Code of Alabama

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19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this section:
(1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation, assignment
at law or in equity, alienation, attachment, garnishment, levy, execution, or other legal
or equitable process. The term includes: (i) any arrangement providing for the payment to
the employer or other sponsor of such plan of benefits that otherwise would be due the participant
under the plan; (ii) any direct or indirect arrangement, whether revocable or irrevocable,
whereby any person acquires from a participant or beneficiary of such plan a right or interest
enforceable against the plan in, or to, all or any part of a plan benefit which is, or may
become, payable to the participant or beneficiary; (iii) any attachment, execution, seizure,
or the like, or under any form of legal process whatsoever; and (iv) the operation of any
bankruptcy or insolvency laws under 11 U.S.C. ยง 522(b) as from...
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38-9B-5
Section 38-9B-5 AFT Corporation, Trust, and Charitable Trust. THIS SECTION WAS AMENDED BY ACT
2018-36 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 31, 2018. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) The board of trustees shall establish and administer the AFT Corporation.
The board of trustees shall execute all documents necessary to establish and administer the
AFT Corporation including, but not limited to, documents to form a not-for-profit corporation
and to qualify as an organization pursuant to Section 501(c)(3) of the United States Internal
Revenue Code. (b) The AFT Corporation shall establish the AFT Trust and the AFT Charitable
Trust, and the board of trustees shall administer the AFT Trust and the AFT Charitable Trust
through the AFT Corporation. The board of trustees and the AFT Corporation shall take all
steps necessary to satisfy all federal and state laws, and all regulations, rules, and policies
established by the federal Social Security Administration to ensure...
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45-37-123.01
RETIREMENT BENEFIT. A benefit payable pursuant to the terms of subsection (a) of Section 45-37-123.100.
(52) SYSTEM or PLAN. The General Retirement System for Employees of Jefferson County, which
system or plan may sue or be sued, and in such name all of its business shall be transacted.
(53) SPOUSE. The legal wife or husband of a member as determined in accordance with federal
law. (54) TOTAL DISABILITY. A permanent physical or mental condition of a member resulting
from bodily injury, disease, or mental disorder which renders such member incapable
of continuing usual and customary employment with the county. The disability of a member shall
be determined by a licensed medical advisor. (55) TRUSTEE. The pension board or the person
or entity appointed by the pension board and named as trustee herein or in any separate trust
forming a part of the plan, and any successors. (56) TRUST FUND. The tax-qualified trust in
which certain plan funds are held, disbursed, transferred,...
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45-8A-22.109
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 compensation is earned. b. Pick-Up...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
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45-37-123.104
Section 45-37-123.104 Withdrawal and refund of employee contributions. The following provisions
generally govern a member's withdrawal and refund of employee contributions under the plan.
Any member who fails to make application for the amount of his or her employee contributions
pursuant to this section within five years after his or her separation from the service of
the county, except as otherwise provided herein or otherwise determined by the pension board,
shall be deemed to have forfeited and donated such employee contributions to the trust fund
pursuant to Section 45-37-123.83. The foregoing five year rule only applies to a member; in
the case of a beneficiary, the pension board may only forfeit employee contributions after
it has exhausted reasonable efforts to locate the beneficiary. (1) WITHDRAWAL OF EMPLOYEE
CONTRIBUTIONS BY MEMBERS NOT ENTITLED TO A DEFERRED RETIREMENT BENEFIT. In the event that
a member ceases to be an employee of the county for reasons other than...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
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45-8A-22.118
in the plan, then the defined benefit dollar limitation of subsection (b) shall be multiplied
by a fraction, a. the numerator of which is the number of years, or part thereof, of participation
in the plan, and b. the denominator of which is 10. However, in no event shall such fraction
be less than 1/10th. Notwithstanding the foregoing, no adjustment shall be made to the defined
benefit dollar limitation for a distribution on account of a participant becoming disabled
by reason of personal injuries or sickness, or as a result of the death of a participant.
For purposes of this section, a "year of participation" means each accrual computation
period for which the following conditions are met: a. the participant is credited with a period
of service for benefit accrual purposes, required under the terms of the plan in order to
accrue a benefit for the accrual computation period, and b. the participant is included as
a participant under the eligibility provisions of the plan for...
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36-26-14
Section 36-26-14 Deferred compensation plans for certain employees. (a) The personnel board
may adopt, establish, and maintain a deferred compensation plan or plans, except under Internal
Revenue Code Section 403 (b), for the employees of the State of Alabama or any city, town,
county, or public entity or corporation organized pursuant to the laws of this state. Notwithstanding
the foregoing, prior to the employees of a county or political subdivision of the county participating
in a plan, the employing county or political subdivision of the county shall approve participation
in the plan. The personnel board may include in any such plan any provision that does not
cause the plan to fail to qualify for its tax-favored treatment under the United States Internal
Revenue Code, including, but not limited to, participant loans, unforeseeable emergency or
hardship distributions, Roth deferrals, rollovers, transfers to purchase service credit, and
distributions to purchase a retired public...
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35-12-72
or its agent. c. Property not subject to paragraphs a. or b. within two years of the distribution
shall remain reportable under other sections of this article. (12) Property received by a
court as proceeds of a class action, and not distributed pursuant to the judgment, one year
after the distribution date. (13) Property held by a court, government, governmental subdivision,
agency, or instrumentality, one year after the property becomes distributable. (14) Wages
or other compensation for personal services, one year after the compensation becomes
payable. (15) Deposit or refund owed to a subscriber by a utility, one year after the deposit
or refund becomes payable. (16) Any check, warrant, debit card, or other payment instrument
drawn on or issued by the State of Alabama, outstanding and unpaid within the time frame allowed
under Section 41-4-60. (17) Gift certificate, other than those exempt under Section 35-12-73,
three years after June 30 of the year in which the certificate was...
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