Alabama Administrative Code

Contingent upon availability of funds, upon the death of an insured who is a full-time member of the Teachers' Retirement System, a benefit in the amount of $15,000, and upon the death of an insured who is a part-time member of the Teachers' Retirement System, a benefit which bea…

Application for a benefit payable under this plan shall be made in the same manner as application for a death benefit or a survivor allowance is made under the retirement plan. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-1-8-.04 Emergency rule…

No benefit shall be paid to any person who causes the death of the insured intentionally, under circumstances manifesting extreme indifference to human life, recklessly, by criminal negligence or in the commission of a felony offense. Author: William T. Stephens, General Counsel,…

No benefit shall be paid upon the death of any insured whose death occurs within ninety days of the date that coverage begins for such insured where such death results from a condition existing prior to the date that coverage begins. This provision shall not apply to those person…

Deferred retirement shall be earned upon completion of ten years of creditable service, provided the member does not withdraw his contributions from the Employees' Retirement System. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-1-.01 Filed Se…

(1) A member is construed to be "in service" for the purposes of applying for disability retirement, provided such member is on an authorized leave of absence for one year, which may be extended for one additional year. (2) The Employees' Retirement System of Alabama will pay the…

(1) Beneficiaries electing to receive an optional allowance, in lieu of the maximum monthly retirement allowance, must make such election on a form duly prescribed by the Retirement System no later than the first of the month, during which their retirement is to be effective. (2)…

A member's date of retirement shall be on the first day of some month which shall be not less than 30 days nor more than 90 days after the filing with the Board of Control, his written notice of intent to retire. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin…

For the purpose of crediting interest to members' accumulated contributions and for the purpose of computing the amount of any annuity, pension or optional benefit elected in lieu thereof, the interest will be 4 percent. Interest will be credited to the account of each member onc…

A fee equal to the current rate of return of the Employees' Retirement System's portfolio will be charged for the correction of any errors made in members' accounts. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-1-.06 Filed September 30, 1982;…

(1) Any beneficiary who is receiving in lieu of the maximum retirement allowance an optional allowance which provides for a monthly survivor benefit may cancel the survivor portion of the optional allowance and designate a new beneficiary who shall receive, upon the death of the …

Average final compensation shall be computed by determining the annual compensation actually contributed upon during the two full fiscal years in the last ten fiscal years of creditable service for which such compensation is the highest, based on the creditable retirement year pe…

A person will be considered to have returned to service within the provisions of Code of Ala. 1975, § 36-27-16(e), requiring suspension of benefits if such person has begun employment with the state or a unit participating in the Employees' Retirement System under Code of Ala. 19…

An application for retirement shall be accepted and shall be considered to have met the statutory requirement that such application be filed at least 30 days before the effective date of retirement if such application is forwarded to the Retirement System through the United State…

A member may designate someone other than his or her spouse to receive the benefits provided by Code of Ala. 1975, § 36-27-16(c)(2)(3). Such designation may be made at any time but must be specific in its application to the benefits provided by § 36-27-16(c) (2)(3). If no such de…

(1) The death benefit provided by Code of Ala. 1975, § 36-27B-3, shall be paid only in lieu of the matching amount not to exceed $5,000 provided in Code of Ala. 1975, §§ 36-27-16(c)(3), 36-27-16(c)(4), to those who qualify for benefits under such sections and under § 36-27B-3 and…

(1) All full-time state employees shall be enrolled in the Employees' Retirement System as a condition of employment. (2) Full-time employment shall be in the time required for that full-time position as determined by the employer, or in the case of hourly employees, at least 20 …

All monies earned by members of the Employees' Retirement System from any covered employer are subject to contribution to the Employees' Retirement System. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-2-.02 Filed September 30, 1982; effective…

(1) A person on leave of absence (including sabbatical) without pay is ineligible for creditable service with the Employees' Retirement System. (2) A person on leave of absence (including sabbatical) with pay will receive proportional credit based on the amount of pay received in…

Service shall be credited in units of months and years. Twelve months of full-time service shall be necessary to constitute one year of service. A complete month of full-time service shall be required for a month's service credit, provided that upon initial employment and upon te…

(1) An active member who becomes the director of a department of state government shall continue participation in the Employees' Retirement System. Participation status as a regular employee or as a state policeman shall be determined based upon the director's position and not up…

In the event that a unit participating in the Retirement System pursuant to Code of Ala. 1975, § 36-27-6, ceases to be an eligible unit, employees of such unit shall no longer be eligible to participate in the Retirement System but shall be treated as other employees who terminat…

Any person who works for the state or a participating unit at least one-half time in a salaried position or at least 20 hours a week in an hourly paid position and who earns no less than the prevailing minimum wage payable for an 80 hour month must be a member of the Employees' R…

(1) The officers of the Board of Control shall consist of the chairman and vice chairman.(a) The chairman shall be Governor ex officio.1. The chairman shall preside at all meetings of the Board of Control; 2. The chairman shall appoint all committees and he may assign to members …

(1) The Board of Control shall have two regular meetings each year, one in the spring and one in the fall. (2) The actuary and the investment advisor shall meet with the Board annually upon request. (3) The vice chairman of the Board of Control should make every effort to resolve…

(1) The Board of Control shall develop election procedures for the retired employee position and such procedures shall be reviewed periodically upon recommendation of the secretary-treasurer. (2) The secretary-treasurer shall announce the vacancy for the retired state employee po…

(1) All committees shall be formally approved by the Board of Control. (2) The Investment Committee shall be composed of three members, one of which shall be the Finance Director, and the other two shall be elected by the Board.(a) The elected members shall serve a two year term;…

(1) The secretary-treasurer and the chairman or vice chairman of the Board of Control shall prepare the agenda with appropriate information and shall mail it to each member of the Board of Control at least seven days in advance of any regular meeting of the Board of Control.(a) A…

(1) Any interested person dissatisfied with any action by the administration of the Employees' Retirement System of Alabama may appeal to the Board of Control by filing a written appeal with the secretary-treasurer or the chairman of the Board of Control.(a) The appeal must disti…

There shall be a continuous updating of policies and rules. Any changes must be submitted in writing to the Board of Control and acted upon at the following meeting. Author William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-3-.07 Filed September 30, 1982; …

No Board member or other officer or employee, whether paid or unpaid, shall disclose any confidential and/or personal information. Author William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-3-.08 Filed September 30, 1982; effective October 1, 1982. Statutor…

(1) The fiduciary standards of staff and Board of Control members is to be of the highest degree.(a) All investments are to be made within the "prudent man" concept of fiduciary trusteeship; (b) The fiduciary standards are governed by any federal law, Securities and Exchange Comm…

(1) A person on leave of absence (including sabbatical) without pay is ineligible for creditable service with the Employees' Retirement System. (2) A person on leave of absence (including sabbatical) with pay will receive proportional credit based on the amount of pay received in…

(1) Creditable service for part-time employment will be credited on a proportionate basis. (2) Proportionate service will be determined by comparison of the time actually worked to the normal time required for a full-time employee. (3) The employer, in cases of doubt, shall certi…

Whenever state law provides that a person may claim prior service credit, military service credit, out-of-state service credit or any other service credit, and whenever state law provides that an agency or organization may request participation in the Retirement System by resolut…

The principal purpose of the Employees' Retirement System is the provision of retirement allowances to employees of the State of Alabama and to employees of such political subdivisions of the state and such public and quasi-public agencies and organizations as elect to participat…

Any person substantially affected by a rule or regulation of the Board may request the amendment or repeal of such rule or regulation or the adoption of a new rule or regulation by submitting such request to the Board in writing setting forth with particularity the change request…

Any person substantially affected by a rule or regulation of the Board may request a declaratory ruling with respect to the validity or applicability of the rule or regulation and any person substantially affected by the statute implemented, administered and enforced by the Board…

Is used to collect biographical information on new members, and for designation of beneficiary. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.01 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, § 41-22-4.…

Is used for designation of multiple beneficiaries. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.02 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, § 41-22-4.

Is used by members who have terminated service to request retirement contribution refund. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.03 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, § 41-22-4.

Is used by beneficiary or surviving spouse to apply for benefit payable at the death of a member prior to retirement. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.04 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of…

Request for transfer of service and contributions from the Employees' Retirement System to the Teachers' Retirement System. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.05 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: C…

Request for transfer of service and contributions from the Teachers' Retirement System to the Employees' Retirement System. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.06 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: C…

Provides statement of benefit eligibility from military service (required to purchase military service). Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.07 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, §…

Is used for certification of period of noncontributing service. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.08 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, § 41-22-4.

Is required to determine membership eligibility for these employees. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.09 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, § 41-22-4.

Is used for certifying prior service. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.10 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, § 41-22-4.

Is submitted by member who does not wish to purchase credit for periods of noncontributing service. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.11 Filed May 20, 1985; effective June 25, 1985. Statutory Authority: Code of Ala. 1975, § 41-2…

Is submitted for employees of incoming local units to indicate their choice to decline membership in Employees' Retirement System. Author: William T. Stephens, General Counsel, RSA. Notes Ala. Admin. Code r. 800-2-7-.12 Filed May 20, 1985; effective June 25, 1985. Statutory Autho…