0 chapters · 1,118 sections in this title.
Ala. Code § 36-27-157 Pensioners Who Retired Prior to Membership of Employer and Receiving Benefits Not Administered by System
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Commencing October 1, 2000, any pensioner or annuitant who retired prior to October 1, 2000, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Em…
Ala. Code § 36-27-158 Eligibility of Retirees; Notification of Increase
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(a) Any city-county-public agency employee eligible for retirement, who retires after July 1, 2000, and before October 1, 2000, shall be eligible to receive the aforementioned increase at the option of the appropriate local government or public agency. The local government or pub…
Ala. Code § 36-27-159 Election by Local Administrative Unit
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Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees’ Retirement System on October 1, 2000, may provide the cost-of-living increase pursuant to this article to any reti…
Ala. Code § 36-27-16 Retirement, Etc., of Employees; Retirement Allowances
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(a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan member who withdraws from service upon or after attainment of age 60 and any Tier II plan member who withdraws from service upon or after attainment of age 62 may reti…
Ala. Code § 36-27-16.1 Cancellation of Survivor Allowance
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(a) Any member of the Teachers’ Retirement System of Alabama or the Employees’ Retirement System of Alabama who is retired and who has selected a survivor option may cancel the survivor allowance payable to his designated beneficiary. Such election shall be in accordance with the…
Ala. Code § 36-27-16.2 Nomination of Recipient of Surviving Spouse Benefits Prior to Date of Retirement
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(a) Any provision to the contrary, notwithstanding, any member of the Teachers’ Retirement System of Alabama or the Employees’ Retirement System of Alabama who shall have attained the service requirements for surviving spouse benefits may nominate such person as he may desire to …
Ala. Code § 36-27-16.3 Effective Date of Benefits; Additional Costs of Benefits; Employers Agreeing to Come Under Provisions
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The benefits provided by Sections 16-25-14(a), 16-25-14(g), 36-27-16(a), 36-27-16(c) and 36-27B-3, as amended by amendment of May 5, 1988, shall become effective to the Teachers’ and Employees’ Retirement System the first day of the month next following certification by the syste…
Ala. Code § 36-27-160 Persons Receiving 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 aforementioned increase. Any person who subsequently applies for …
Ala. Code § 36-27-161 Article Supplemental; Repeal of Conflicting Laws
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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…
Ala. Code § 36-27-17 Redetermination of Allowances Due on or After October 1, 1975
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(a) All retirement allowance payments due on or after October 1, 1975, to members who retired prior to said date shall be redetermined as if the provisions of Acts 1975, No. 1103, amending Section 36-27-1, were in effect at the time the member retired; provided, that the annual r…
Ala. Code § 36-27-170 Participation in Plan
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(a) As governed by this subsection, there exists as a part of this retirement system, an optional account known as the Deferred Retirement Option Plan, which may be cited as “DROP.” The purpose of DROP is to allow, contractually, in lieu of immediate withdrawal from service and r…
Ala. Code § 36-27-171 Withdrawal from Service; Death of Participant
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(a) On withdrawing from service pursuant to Section 36-27-16, a member who participated in DROP: (1) Who fulfilled his or her contractual obligation pursuant to DROP shall receive a lump-sum payment from his or her DROP account equal to the payments made to that account on his or…
Ala. Code § 36-27-172 Relation to Federal Law
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At no time shall any provision or implementation of such provision pertaining to DROP be contrary to the rules and regulations of the federal law governing governmental plans. DROP is intended to operate in accordance with Section 415 and other applicable sections of the United S…
Ala. Code § 36-27-173 Relation to Section 36-27-6
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This article shall not apply to any unit participating pursuant to Section 36-27-6, unless the governing body of such employer shall agree to come under this section and assume any costs associated with implementation of the DROP program. When such a unit exercises an option to p…
Ala. Code § 36-27-174 Incentives for Participation in Plan
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Notwithstanding the foregoing provisions of this article or any other laws to the contrary, no employer whose employees are covered under the Employees’ Retirement System shall offer any incentives of value including, but not limited to, monetary payments, prepayment of health in…
Ala. Code § 36-27-175 Restoration to Active Service
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Any member of the Employees’ Retirement System who has participated in DROP and withdraws from service under Section 36-27- 171 is not eligible to be restored to active service pursuant to subsection (e) of Section 36-27-16 or subsection (f) of Section 16-25-4. Rather, the employ…
Ala. Code § 36-27-18 Retirement with Not Less Than 30 Years’ Creditable Service
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(a) In addition to any law or part of any law relating to service retirement under the Employees’ Retirement System of Alabama, any member of the Employees’ Retirement System who withdraws from service after the completion of not less than 30 years of creditable service may retir…
Ala. Code § 36-27-180 Amount of Increase - Persons Other Than Those Whose Employers Participated in Employees’ Retirement System
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(a) Commencing October 1, 2002, 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 Employees’ Retirement Sys…
Ala. Code § 36-27-181 Amount of Increase - Persons Whose Employers Elects to Come Under Provisions
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(a) Commencing October 1, 2002, 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, 2001, and wh…
Ala. Code § 36-27-182 Amount of Increase - Persons Whose Employers Participated in Employees’ Retirement System
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Commencing October 1, 2002, 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, 2…
Ala. Code § 36-27-183 Duties of Board and Employer
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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 36-27-180 and 36-27-182, and shall notify the chief fiscal officer of each employer of the per centum rates of …
Ala. Code § 36-27-184 Pensioners Who Retired Prior to Membership of Employer in System
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(a) Commencing October 1, 2002, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, …
Ala. Code § 36-27-185 Beneficiaries of Pensioners
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Commencing October 1, 2002, beneficiaries of Employees’ Retirement System pensioners shall receive an increase of three percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the date of death for the deceased pensioner, or the effecti…
Ala. Code § 36-27-186 Pensioners Who Retired Prior to Membership of Employer and Receiving Benefits Not Administered by System
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Commencing October 1, 2002, any pensioner or annuitant who retired prior to October 1, 2001, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Em…
Ala. Code § 36-27-187 Persons Receiving 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 aforementioned increase. Any person who subsequently applies for …
Ala. Code § 36-27-19 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1969 10 Percent Increase
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(a) On or after October 1, 1969, there is hereby provided to any state employee who is receiving a retirement allowance from the Employees’ Retirement System of Alabama and who was retired prior to October 1, 1969, an increase in his maximum retirement allowance in the amount of …
Ala. Code § 36-27-190 Amount of Increase - Persons Other Than Persons Whose Employer Participated in Employees’ Retirement System
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(a) Commencing October 1, 2005, 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 Employees’ Retirement Sys…
Ala. Code § 36-27-191 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
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(a) Commencing October 1, 2005, 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, 2004, and wh…
Ala. Code § 36-27-192 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
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Commencing October 1, 2005, 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, 2…
Ala. Code § 36-27-193 Duties of Board and Employer
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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 36-27-190 and 36-27-192, and shall notify the chief fiscal officer of each employer of the per centum rates of …
Ala. Code § 36-27-194 Pensioners Who Retired Prior to Membership of Employer in System; Beneficiaries
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(a) Commencing October 1, 2005, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, …
Ala. Code § 36-27-195 Pensioners Who Retired Prior to Membership of Employer and Receiving Benefits Not Administered by System
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Commencing October 1, 2005, any pensioner or annuitant who retired prior to October 1, 2004, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Em…
Ala. Code § 36-27-196 Notification of Employers Who Have Withdrawn from Participation
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The Board of Control of the Employees’ Retirement System shall make all reasonable efforts to notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation by August 4, 2005, that the cost-of-living increase provided for in Section …
Ala. Code § 36-27-197 Members and Beneficiaries of Employees’ Retirement System
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Commencing October 1, 2005, there is provided an increase in benefits to certain persons identified in this section who are currently receiving benefits whose effective date of retirement was prior to October 1, 2004, for purposes of receiving benefits from the Employees’ Retirem…
Ala. Code § 36-27-198 Persons Receiving 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 to retirees and beneficiaries by this article shall not be entitled to receive the aforementioned increase. Any person…
Ala. Code § 36-27-2 Creation; Designation; Purpose, Powers, Privileges, Management, Etc., Thereof Generally; Powers, Duties, Etc., of Board
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of Control; Immunity of State Officers, Etc. (a) A retirement system is hereby established as a body corporate and placed under the management of the Board of Control for the purpose of providing retirement allowances and other benefits under the provisions of this article for em…
Ala. Code § 36-27-20 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1971 Five Percent Increase
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(a) On or after October 1, 1971, there is hereby provided to any state employee who retired prior to October 1, 1971, an increase in his maximum retirement allowance by an amount of up to five percent, excluding that part of five percent provided by any other legislation in 1971.…
Ala. Code § 36-27-200 Amount of Increase - Persons Other Than Those Whose Employer Participated in Employees’ Retirement System
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(a) Commencing October 1, 2006, 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 Employees’ Retirement Sys…
Ala. Code § 36-27-201 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
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(a) Commencing October 1, 2006, 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, 2005, and wh…
Ala. Code § 36-27-202 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
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Commencing October 1, 2006, 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, 2…
Ala. Code § 36-27-203 Duties of Board and Employer
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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 36-27-200 and 36-27-202, and shall notify the chief fiscal officer of each employer of the per centum rates of …
Ala. Code § 36-27-204 Pensioners Who Retired Prior to Membership of Employer in System; Beneficiaries
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(a) Commencing October 1, 2006, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, …
Ala. Code § 36-27-205 Pensioners Who Retired Prior to Membership of Employer and Receiving Benefits Not Administered by System
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Commencing October 1, 2006, any pensioner or annuitant who retired prior to October 1, 2005, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Em…
Ala. Code § 36-27-206 Notification of Employers Who Have Withdrawn from Participation
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The Board of Control of the Employees’ Retirement System shall make all reasonable efforts to notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation by October 1, 2006, that the cost-of-living increase provided for in Section…
Ala. Code § 36-27-207 Persons Receiving 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 aforementioned increase. Any person who subsequently applies for …
Ala. Code § 36-27-208 Members and Beneficiaries of Employees’ Retirement System
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Commencing October 1, 2006, there is provided an increase in benefits to certain persons identified in this section who are currently receiving benefits whose effective date of retirement was prior to October 1, 2005, for purposes of receiving benefits from the Employees’ Retirem…
Ala. Code § 36-27-21 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1975 15 Percent Increase
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(a) Any pensioner and any retired member and any member who retires after June 1, 1975, under the Employees’ Retirement System of Alabama whose maximum retirement allowance is based on the minimum guarantee and whose maximum retirement allowance, after taking into account the red…
Ala. Code § 36-27-21.1 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1978 Cost-of-Living Increase and Cost-of-
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Living Increases Thereafter. (a) Except as hereinafter provided, each person having retired under the provision of statutes governing the Teachers’ Retirement System or the Employees’ Retirement System of Alabama prior to October 1, 1977, shall be entitled to receive, in addition…
Ala. Code § 36-27-21.2 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees — 1980 Cost-of-Living Increase
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(a) There is hereby provided, commencing October 1, 1980, to any person retired prior to October 1, 1979, under the Teachers’ Retirement System or Employees’ Retirement System of Alabama and who is receiving a retirement allowance therefrom, a cost-of- living increase in his maxi…
Ala. Code § 36-27-21.3 Cost-of-Living Increases; Funding
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(a) There is hereby provided, commencing October 1, 1982, to any person retired prior to October 1, 1981, under the Teachers’ Retirement System or Employees’ Retirement System of Alabama and who is receiving a retirement allowance therefrom, a cost-of- living increase of $1.00 pe…