Title 36 — Title 36
0 chapters · 1,118 sections in this title.
Ala. Code § 36-27-55.5 Purchase of Credit for Prior Service with Dauphin Island Park and Beach Board of Mobile County, Inc
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(a) Any active and contributing member of the Employees’ Retirement System may claim and purchase credit not to exceed 10 years in the system for prior service rendered while employed with the Dauphin Island Park and Beach Board of Mobile County, Inc., if the member complies with…
Ala. Code § 36-27-55.6 Participation of Directors and Employees of Alabama State Council on the Arts
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Notwithstanding any provision of Section 41-9-43, or any other provisions of law to the contrary, the director and the employees of the Alabama State Council on the Arts shall begin participating as members of the Employees’ Retirement System on October 1, 2002, under the same ru…
Ala. Code § 36-27-55.7 Purchase of Credit for Prior Service with U. S. Department of Agriculture Farm Service Agency
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(a) Any active and contributing member of the Teachers’ Retirement System or the Employees’ Retirement System who has 10 years or more of credible service in either system may claim and purchase service credit in the system for up to 10 years of prior service for employment as an…
Ala. Code § 36-27-56 Granting of Credit for Service as County Solicitor - Sum to Be Paid into Retirement System to Purchase Credit for Service
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(a) Any active and contributing member of any member unit of the State of Alabama retirement systems who has been such a member for at least one year may hereby claim and purchase credit in his or her respective member unit of the State of Alabama retirement systems for service r…
Ala. Code § 36-27-56.1 Purchase of Credit for Prior Service as County Solicitor
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(a) Any vested member of any component system or fund of the Employees’ Retirement System may claim and purchase up to three years’ credit in his or her system or fund for up to three years of prior service which he or she rendered to any county government as a county solicitor. …
Ala. Code § 36-27-57 Purchase of Credit for Prior Service with District Attorney
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(a) Whenever words and phrases defined in Section 36-27-1 are used in this section, they shall have the same meanings ascribed to them in that section unless the context clearly indicates that a different meaning is intended. (b) Any active and contributing member of the Employee…
Ala. Code § 36-27-57.1 Purchase of Credit for Prior Service Rendered in Program Financed by Federal Grant in Office of Local District Attorney
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(a) An active and contributing member of the Employees’ or Teachers’ Retirement System who has been a member of the system for at least 10 years, may claim and purchase credit not to exceed three years in his or her respective retirement system for prior service rendered while em…
Ala. Code § 36-27-57.2 Purchase of Credit for Prior Service Rendered in Office of Local District Attorney or as Court Reporter, or Both
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(a) An active and contributing member of the Employees’ Retirement System who has been a member of the system for at least 10 years, may claim and purchase credit not to exceed six years in the retirement system for prior service rendered while employed in a program in the office…
Ala. Code § 36-27-57.3 Reopening of Employees’ Retirement System to Allow Purchase of Credit for Prior Service in Office of Local District
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Attorney. (a) An active and contributing member of the Employees’ Retirement System may claim and purchase credit not to exceed two years in the retirement system for prior service rendered in the office of a local district attorney which was a nonparticipant in the Employees’ Re…
Ala. Code § 36-27-58 Purchase of Credit for Time on Maternity Leave
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(a) Notwithstanding any other laws, an active and contributing member of the Employees’ Retirement System may purchase service credit in the system not to exceed one year for any period of time while he or she was on maternity leave from service without pay. The Board of Control …
Ala. Code § 36-27-58.1 Purchase of Credit for Certain Members Away from Work Due to Job-Related Injury
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(a) Notwithstanding any other laws, any active and contributing member of the Employees’ Retirement System of Alabama may purchase up to two years of service credit for the time he or she was receiving benefits pursuant to the Alabama Workers’ Compensation Act, commencing with Se…
Ala. Code § 36-27-59 Award of Hazardous Duty Time; Purchase of Credit Under Employees’ or Teachers’ Retirement System
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(a) When used in this section, the following terms have the following meanings, unless the context clearly indicates otherwise: (1) CORRECTIONAL OFFICER. A full-time correctional officer who is certified as a correctional officer by the Alabama Peace Officers’ Standards and Train…
Ala. Code § 36-27-6 Participation of Employees of Counties, Cities, Towns, Public or Quasi-Public Organizations, Etc. - Generally
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(a) The governing board of any county, city, town or public or quasi-public organization of the state or of any political subdivision thereof or the Alabama Extension Service and Agricultural Experiment Station System of Auburn University may, by resolution legally adopted to con…
Ala. Code § 36-27-6.1 Participation of Employees of Counties, Towns, Public or Quasi-Public Organizations, Etc. - Purchase of Service Credit
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Any public official authorized by local constitutional amendment to participate in the Employees’ Retirement System of Alabama and to purchase service credit in the retirement system for the time the official has served in the office he or she is holding at the time of ratificati…
Ala. Code § 36-27-6.2 Participation of Employees of Counties, Towns, Public or Quasi-Public Organizations, Etc. - Purchase of Credit for Service
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in Position Previously Excluded. (a) Any active and contributing member of the Employees’ Retirement System who is an employee of an employer participating in the system pursuant to Section 36-27-6, and whose current position was once excluded by the employer from participating i…
Ala. Code § 36-27-6.3 Purchase of Credit for Prior Service as Firefighter
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Any active and contributing member of a city or municipal retirement system that participates in the Employees’ Retirement System under Section 36-27-6 who rendered prior service as a full-time firefighter with a non-participating city employer that has been annexed into a city o…
Ala. Code § 36-27-6.4 Purchase of Credit for Prior Service with the Oxford Emergency Medical Services, Inc
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(a) Any active and contributing member of the Oxford Emergency Medical Services, Inc., that participates in the Employees’ Retirement System under Section 36-27-6, may purchase prior non-qualified service for employment rendered to Oxford Emergency Medical Services before July 14…
Ala. Code § 36-27-6.5 Employers Authorized to Provide Tier I Retirement Benefits to Tier II Plan Members
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(a) Any employer participating in the Employees’ Retirement System of Alabama pursuant to Section 36-27-6, by adoption of a resolution, may elect to provide to its Tier II plan members the same retirement benefits provided to Tier I plan members. Provided, however, the Employees’…
Ala. Code § 36-27-7 Participation of Employees of Counties, Cities, Towns, Public or Quasi-Public Organizations, Etc. - Employees of
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Cooperative Extension Service of Auburn University Under Federal Appointment. (a) Any law to the contrary notwithstanding, the governing board of Auburn University may, by resolution legally adopted, elect to have its employees, from whatever sources and in whatever manner paid, …
Ala. Code § 36-27-7.1 Participation of Employees of Counties, Cities, Towns, Public or Quasi-Public Organizations, Etc. - Certain Retired
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Employees of Cooperative Extension Service of Auburn University. (a) Any law to the contrary notwithstanding, any retired employee of the Cooperative Extension Service of Auburn University who has retired under federal civil service retirement after January 1, 1972, but on or bef…
Ala. Code § 36-27-7.2 Reopening of Employees’ Retirement System for Purchase of Prior Service Credit by Active and Contributing Member of
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Cooperative Extension Service of Auburn University. (a) Pursuant to Section 36-27-7.1, an active and contributing member of the Employees’ Retirement System may elect to purchase prior service credit for full time employment he or she had in the Cooperative Extension Service at A…
Ala. Code § 36-27-70 Who Is Eligible for Additional Credit
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Any active and contributing member of the Employees’ Retirement System who was a regular employee of an agency eligible for participation in the Employees’ Retirement System under Section 36-27-6 and is now covered by the Employees’ Retirement System shall be eligible to receive …
Ala. Code § 36-27-71 Conditions Precedent to Receipt of Credit
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(a) A member of the Employees’ Retirement System of Alabama who becomes eligible under Section 36-27-70 on or after December 28, 2001, may receive credit for employment rendered to a city, county, or a political subdivision thereof of the State of Alabama as provided in Section 3…
Ala. Code § 36-27-72 Disqualification of Credit
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Anything in this division to the contrary notwithstanding, a member of the Employees’ Retirement System shall not receive credit for such service where at the time of retirement he has credit or is entitled to any benefits whatsoever for the same service under any other retiremen…
Ala. Code § 36-27-73 Deduction for Administrative Costs
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The Employees’ Retirement System may deduct in 12 equal installments from the retirement allowance payable to a retired member any additional contributions necessary to pay the administrative costs incurred in granting the credit hereunder in the event its Board of Control and co…
Ala. Code § 36-27-8 Continuation, Etc., of Participation in System by Employee Covered or Retired Under System Who Becomes Director or
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Employee of Department; Payment of Matching Contribution by Department. (a) Any person who is an employee or retired employee of the State of Alabama and covered or retired under the provisions of the state Employees’ Retirement System and who becomes the director or employee of …
Ala. Code § 36-27-8.1 Optional Retirement for Previously Retired State Employees
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(a) Any state employee who has retired under the state retirement system and is reemployed, upon his next retirement, in the event he has or has not become a member of the state retirement system, may have his choice of option, prior to the receipt of his first retirement check, …
Ala. Code § 36-27-8.2 Performance of Duties by Retired Persons; Service in Elected Public Office. (Amended by Act 2026-286) [Effective until
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June 1, 2026.] AMENDED BY ACT 2026-286, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Any individual who is retired under the Employees’ Retirement System may perform duties in any capacity, including as an independent contractor, with any employer participating in th…
Ala. Code § 36-27-80 Amount of Increase - Persons Other Than Persons Whose Employer Participated in Employees’ Retirement System
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There is hereby provided, commencing October 1, 1988, to each person except persons whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the E…
Ala. Code § 36-27-81 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
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There is hereby provided to each person whose employer elects to come under the provisions of this article and whose retirement is based on 51 or more percent service to an employer participating under Section 36-27-6, and whose effective date of retirement for purposes of receiv…
Ala. Code § 36-27-82 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
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There is hereby provided, commencing October 1, 1988, to each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-7 or section 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirem…
Ala. Code § 36-27-83 Survivor Allowance Adjustments
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The survivor allowance shall be adjusted as provided in Section 36-27-80(3) for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of such retiree. History: (Acts 1988, No. 88-599, p. 929, §4.)
Ala. Code § 36-27-84 Board of Control’s and Employer’s Duties and Responsibilities; Employers May Elect to Come Under Provisions
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(a) Commencing with the fiscal year beginning October 1, 1988, the Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-80 and 36-27-82 of this article and shall …
Ala. Code § 36-27-85 Effect of Medicaid Benefits
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Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost- of-living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Med…
Ala. Code § 36-27-86 Provisions Supplemental to Other Laws Regulating Payment of Retirement Benefits
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The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which…
Ala. Code § 36-27-87 Amount of Increase - Persons Other Than Those Whose Employer Participated Under Sections 36-27-6, 36-27-7 or 36-27-
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7.1. There is hereby provided, commencing October 1, 1990, to each person except persons whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from …
Ala. Code § 36-27-88 Amount of Increase - Persons Whose Retirement Is Based on 51 or More Percent Service to Employer Participating Under
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Section 36-27-6. There is hereby provided to each person whose employer elects to come under the provisions of this act and whose retirement is based on 51 or more percent service to an employer participating under Section 36-27-6, and whose effective date of retirement for purpo…
Ala. Code § 36-27-89 Amount of Increase - Persons Whose Employer Participated Under Sections 36-27-7 or 36-27-7.1
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There is hereby provided, commencing October 1, 1990, to each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 or 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement Sys…
Ala. Code § 36-27-9 Payment of Member’s and Employer’s Contributions for County Engineers by State Department of Transportation
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Membership payments of county engineers eligible for participation as members of the Employees’ Retirement System of Alabama under Section 36-27-4, to the extent of the State Department of Transportation contribution to the county for the engineer’s salary, shall be made as follo…
Ala. Code § 36-27-90 Survivor Allowance Adjustments
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The survivor allowance shall be adjusted as provided in Section 36-27-87(3) for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of such retiree. History: (Acts 1990, No. 90-522, p. 759, §4.)
Ala. Code § 36-27-91 Payment by Employer to Be Determined by Board of Control; Election by Employer Participating Under Section 36-27-6
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(a) The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-87 and 36-27-89 and shall notify the chief fiscal officer of each employer the percentum rates of ear…
Ala. Code § 36-27-92 Effect of Medicaid Benefits
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Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost- of-living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Med…
Ala. Code § 36-27-93 Construction of Provisions
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The provisions of this act are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System; however, those laws or parts of laws which are in direct …
Ala. Code § 36-27-94 Amount of Increase - Persons Other Than Persons Whose Employer Participated in Employees’ Retirement System;
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Certain Beneficiaries. (a) Commencing October 1, 1993, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Em…
Ala. Code § 36-27-95 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
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(a) Commencing October 1, 1993, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1992, and wh…
Ala. Code § 36-27-96 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
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Commencing October 1, 1993, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1…
Ala. Code § 36-27-97 Board of Control’s and Employer’s Duties and Responsibilities; Board May Notify Employers Withdrawn from Participation
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of Cost-of-Living Increases. (a) The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-94 and 36-27-96 of this article, and shall notify the chief fiscal offic…
Ala. Code § 36-27-98 Certain Pensioners and Annuitants, Retired from Local Units Before Units Became Members and Receiving Benefits, May
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Receive Increase; Certain Local Units May Provide Increase. (a) Any pensioner who retired from a city, town, county, or local board before the city, town, county, or local board became a member of the Employees’ Retirement System, and who is receiving a monthly benefit on May 13,…
Ala. Code § 36-27-98.1 Effect of Medicaid Benefits
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Any person who received benefits under the Medicaid Program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who subsequently applies for benefits under …
Ala. Code § 36-27-98.2 Construction of Provisions
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The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in dir…