Code of Alabama

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45-37A-51.247
Section 45-37A-51.247 Required minimum distributions. (a) Notwithstanding any provision in
this subpart to the contrary, the distribution of a participant's benefits shall be made in
accordance with the following requirements and shall otherwise comply with § 401(a)(9), Internal
Revenue Code, and the regulations thereunder, including Regulation 1.401(a)(9)(2), which is
incorporated herein by reference: (1) A participant's benefits shall be distributed or shall
begin to be distributed not later than April 1st of the calendar year following the later
of the calendar year in which the participant attains age 70 1/2 or the calendar year in which
the participant retires. Such distributions shall be equal to or greater than any required
distribution. Alternatively, if the distribution is to be in the form of a joint and survivor
annuity or single life annuity, then distributions shall begin no later than the applicable
April 1st as determined under the preceding sentence and shall be made...
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19-3B-814
"sole," or "uncontrolled," the trustee shall exercise a discretionary power
in good faith and in accordance with the terms and purposes of the trust and the interests
of the beneficiaries. (b) Subject to subsection (d), and unless the terms of the trust expressly
indicate that a rule in this subsection does not apply: (1) a person other than a settlor
who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary
distributions to or for the trustee's personal benefit may exercise the power only
in accordance with an ascertainable standard; and (2) a trustee may not exercise a power to
make discretionary distributions to satisfy a legal obligation of support that the trustee
personally owes another person. (c) A power whose exercise is limited or prohibited by subsection
(b) may be exercised by a majority of the remaining trustees whose exercise of the power is
not so limited or prohibited. If the power of all trustees is so limited or...
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19-3D-14
Section 19-3D-14 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. PROTECTION OF CHARITABLE
INTEREST. (a) In this section the following terms have the following meanings: (1) DETERMINABLE
CHARITABLE INTEREST. A charitable interest that is a right to a mandatory distribution currently,
periodically, on the occurrence of a specified event, or after the passage of a specified
time, and which is unconditional or will be held solely for charitable purposes. (2) UNCONDITIONAL.
Not subject to the occurrence of a specified event that is not certain to occur, other than
a requirement in a trust instrument that a charitable organization be in existence or qualify
under a particular provision of the United States Internal Revenue Code of 1986, as amended,
on the date of the distribution, if the charitable organization meets the requirement on the
date of determination. (b) If a first trust...
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25-4-16
Section 25-4-16 Wages. (a) Prior to January 1, 1983, "wages," as used in this chapter,
shall mean such remuneration as was defined in this section prior to such date. (b) On and
after January 1, 1983, "wages," as used in this chapter, shall mean every form of
remuneration paid or received for personal services, including the cash value of any
remuneration paid in any medium other than cash. The reasonable cash value of remuneration
paid in any medium other than cash shall be determined in accordance with rules prescribed
by the director; except that effective on May 28, 1980, and for the purposes of reporting
and computing the amount of contributions due, back pay awarded as the result of an agreement,
arbitration, or order of a court of competent jurisdiction on a retroactive basis shall be
considered "wages" during the calendar quarter in which such retroactive payments
are made. The term "wages," however, shall not include: (1) That part of remuneration,
which after remuneration...
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40-18-24
Section 40-18-24 Taxation of subchapter K entity. (a) The amount of income, deduction, gain,
loss, or credit includable or deductible by an owner of an interest in a subchapter K entity
shall be determined in accordance with subchapter K of the Internal Revenue Code, 26 U.S.C.
§§ 701-761. (b) For purposes of computing its net income, a subchapter K entity shall add
back otherwise deductible interest expenses and costs and intangible expenses and costs directly
or indirectly paid, accrued or incurred to, or in connection directly or indirectly with,
one or more direct or indirect transactions, with one or more related members, except to the
extent the subchapter K entity shows, upon request by the commissioner, that the corresponding
item of income was in the same taxable year: (1) subject to a tax based on or measured by
the related member's net income in Alabama or any other state of the United States, or (2)
subject to a tax based on or measured by the related member's net income...
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45-8A-22.123
Section 45-8A-22.123 Minimum distribution requirements. (a) In General. Benefit payments under
the plan must begin by the "required beginning date," defined as April 1 of the
calendar year following the later of: (1) The calendar year in which the participant attains
age 70 1/2, or (2) The calendar year in which the participant terminates active employment.
The participant's entire interest in the trust must be distributed, beginning no later than
the "required beginning date," over the life of the participant or the lives of
the participant and a designated beneficiary, or over a period not extending beyond the life
expectancy of the participant or the participant and designated beneficiary. (b) Participant
Dies Before Entire Interest Is Distributed. (1) Distributions Have Begun. When a participant
dies after distribution of benefits has begun, the remaining portion of the participant's
interest shall be distributed at least as rapidly as under the method of distributions prior
to the...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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45-37A-51.242
Section 45-37A-51.242 Cost of living increases; future benefits (a) Upon approval of the governing
body of the municipality primarily served by the system and upon approval of the board of
managers, an increase in the amount of benefits, including improvements in the terms of benefits:
(1) for future retirees, benefits or improvements such as earlier vesting, decreased retirement
age, increase in multiplier used in calculating monthly benefit, or other like improvements
may be granted; and (2) for current retirees cost of living increases may be granted, subject
to the requirements of the United States Internal Revenue Code and regulations therewith.
Such increases shall apply to participants or retirees of the board of health. (b) Prior to
approving an increase in the above described benefits, the board shall obtain the actuarial
evaluation of the fund. Such evaluation shall project the actuarial cost of benefits for the
succeeding plan year and shall combine therewith the applicable...
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25-4-75
Section 25-4-75 Extension of benefit period. (a) Applicability of section. Notwithstanding
any other provisions of this chapter, the duration of benefits as provided in Section 25-4-74
shall be extended as provided in this section. (b) Definitions. As used in this section, unless
the context clearly requires otherwise, the following terms shall mean: (1) EXTENDED BENEFIT
PERIOD. A period which: a. Begins with the third week after a week for which there is a state
"on" indicator; and b. Ends with either of the following weeks, whichever occurs
later: 1. The third week after the first week for which there is a state "off" indicator;
or 2. The thirteenth consecutive week of such period; provided, that no extended benefit period
may begin by reason of a state "on" indicator before the fourteenth week following
the end of a prior extended benefit period which was in effect with respect to this state.
3. The eligibility period for the payment of extended benefits using the total unemployment...

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40-16-1
exception that the credit for licenses or taxes as provided by Section 40-16-8 and the rules
adopted pursuant thereto by the Department of Revenue will not apply to amounts of excise
tax on financial institutions imposed hereby and paid by such parent corporation. Financial
institution shall not mean or include individual citizens and fiduciaries acting in a representative
capacity for individual citizens, not engaged in a banking, loan, investment, or similar business,
but merely making personal investments of personal or fiduciary funds in bonds,
notes, or other evidences of indebtedness and not made in competition with the business of
national banks, nor shall such term apply to insurance companies or insurance associations
merely making investments of reserves in bonds, notes or other evidences of indebtedness and
not made in competition with the business of national banks. (2) INTERNAL REVENUE CODE or
U.S.C. All references in this chapter to the Internal Revenue Code or to 26...
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