45-8A-22.119
the plan pursuant to Section 45-8A-22.117, into the trust to a beneficiary who has been designated
by the participant, in writing, executed by the participant on a form prescribed by the retirement
board and delivered to the secretary-treasurer. In the event that the participant has not
designated a beneficiary, the retirement board shall, upon demand, pay the lump sum equal
to the deceased participant's contributions made to the plan pursuant to Section 45-8A-22.117,
into the trust to the personal representative of the estate of the deceased participant.
Any amounts received by the participant in his or her lifetime or by his or her surviving
spouse or children following the death of the participant shall be deducted from the amount
payable to the beneficiary properly designated by the participant or to the estate of the
deceased participant pursuant to the terms of the plan. Any attempt to designate a beneficiary
pursuant to the terms of this subsection not in compliance with the...
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45-8A-22.120
Section 45-8A-22.120 Optional benefit plans. (a) Optional Plans. Any participant terminating
service on or after January 1, 1989, pursuant to the terms of Section 45-8A-22.113, Section
45-8A-22.114, or Section 45-8A-22.116 shall, within 20 days of the effective date of termination
have the option of electing a pension plan with or without death benefits from one of the
following three optional plans: (1) Option A-Fifty Percent Joint and Survivor Plan. a. A participant
having elected Option A shall, during his or her lifetime, receive a monthly benefit from
the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116.
b. In the event that a participant dies from any cause and leaves a surviving spouse, the
retirement board shall direct the payment to the spouse of a monthly pension equal to 50 percent
of the amount of the pension being paid to the participant at the time of his or her death;
provided, however, with respect to retirements pursuant to...
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45-37A-51.11
or police officer who has not executed within the time hereinafter specified an instrument
which shall provide that in the event of his or her death the board of managers of this supplemental
pension system shall receive the return of any contributions made by him or her to this supplemental
pension system and to the general retirement and relief system created by Act 929, which if
he or she had not executed the instrument would be returnable to his or her severance nominee,
his or her personal representative, his or her spouse, children, father, mother, sisters
or brothers of the deceased, or to any other person. (2) To render this section applicable,
firefighters and police officers who have accumulated as much as five years of credited service
under Act 929 may execute the instrument at any time within 90 days from the date on which
this subsection becomes effective; and firefighters or police officers who have not accumulated
as much as five years of credited service on the...
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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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45-37A-51.245
Section 45-37A-51.245 Retroactive deferred retirement option plan. (a) Effective July 1, 2002,
a participant who retires at least 90 days following July 1, 2002, who has then completed
at least 23 years of credited service, and who is otherwise entitled to retire and receive
a normal retirement benefit, shall have the opportunity to elect a back drop plan. A participant
eligible for the back drop plan can elect in writing at his or her retirement to retroactively
drop his or her credited service in excess of 20 years, for a period of months not exceeding
36 months immediately preceding the date of retirement, the back drop period; provided that
the beginning of the back drop period may not extend past the earliest date on which the participant
would have qualified for a normal retirement benefit. A participant who is not actively employed
may not make a back drop election. To be effective, a back drop election by a married participant
shall be approved in writing by his or her spouse....
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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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45-37A-51.243
Section 45-37A-51.243 Supplemental benefit. (a) In addition to the benefits described herein
for normal retirement, ordinary disability, and extraordinary disability, every participant
retired from city service or receiving a disability benefit immediately following having been
in the city service, which participant did not have active city service after July 1, 1989,
did not retire after July 1, 1990, or did not otherwise become eligible for a benefit calculated
at 2.25 percent, per year after July 1, 1990, shall have received after three years of retirement
or disability under this system an increase in monthly benefit in the amount of one hundred
fifty dollars ($150). Present and future surviving spouses or the survivors of the retirees,
who are not entitled to the 2.25 percent of the final average salary, shall have received
a monthly benefit increase in the amount of the percent of the one hundred fifty dollars ($150)
the surviving spouse or the survivor would normally be entitled...
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45-37A-51.07
or police officer who has not executed within the time hereinafter specified an instrument
which shall provide that in the event of his or her death the board of managers of this supplemental
pension system shall receive the return of contributions made by him or her to this supplemental
pension system and to the general retirement and relief system created by Act 929, which if
he or she had not executed the instrument would be returnable to his or her severance nominee,
his or her personal representatives, his or her spouse, children, father, mother, sisters,
or brothers of the deceased, or to any other person. To render this section applicable the
firefighter or police officer may execute the instrument at any time prior to his or her having
accumulated as much as 20 years of credited service under Act 929. Such instrument when executed
shall be revocable by the firefighter or police officer executing the same until he or she
has accumulated at least 20 years of credited...
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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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