Title 36

(a) Any member of the Employees’ or Teachers’ Retirement System, who, not more than one year prior to becoming a member of the Employees’ or Teachers’ Retirement System, was a member of the Judicial Retirement Fund, may elect to transfer to the Employees’ or Teachers’ Retirement …

(a) Any person who, as of September 20, 1971, is a regular employee of the State of Alabama and is covered or eligible to be covered under the state Employees’ Retirement System and who, prior to such regular employment, served as a member of the Legislature shall have credited t…

(a) Any person who, as of September 18, 1973, is a regular employee of the State of Alabama and is covered or eligible to be covered under the state Employees’ Retirement System and who is also an officer or subordinate officer of the Legislature of Alabama shall have credited to…

(a) Any person who, as of September 5, 1973, is covered or is eligible to be covered under the Employees’ Retirement System of Alabama and who, prior to such coverage or eligibility for coverage, served as an elective official of the state government or a department head authoriz…

(a) Any person who served two or more years with the National Youth Administration, hereinafter referred to as N.Y.A., during the time period from December 7, 1941 to December 31, 1946, and who is otherwise eligible for participation within the state retirement system, shall be e…

(a)(1) Any member of the Teachers’ Retirement System of Alabama or any member of the Employees’ Retirement System of Alabama shall be eligible to receive up to 10 years of creditable service for employment in public education in states other than Alabama, for prior service in pub…

(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…

(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…

(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 …

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…

(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…

(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…

(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 …

(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 employees of the State of Alabama. The retireme…

(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.…

(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…

(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 to present benefits, a suppl…

(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 maxim…

(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 per…

(a)(1) There is hereby provided, commencing October 1, 1985, to each person, whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System, is prior to October 1, 1984, and who is receiving an allowance therefrom, a cost of living incr…

(a) There is hereby provided contingent upon the funding provisions of subsection (c) of this section, commencing October 1, 1985, to each person whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 19…

(a) The county commission of any county, by resolution duly adopted to conform to rules of the Board of Control of the Employees’ Retirement System of Alabama, may elect to provide any heretofore or hereafter authorized cost-of-living increases in the retirement benefits paid by …

(a) There is hereby provided, to each pensioner, annuitant and retiree of any retirement plan other than the Employees’ Retirement System whose retirement is based upon service to an employer participating in the Employees’ Retirement System under Section 36-27-6, and whose effec…

(a) The governing body of any quasi-public or private hospital which was previously a public hospital is hereby authorized to give cost-of-living increases to any retiree of the Employees’ Retirement System who was employed by any such hospital when it was a public hospital and w…

Any public hospital which has withdrawn from participation in the Employees’ Retirement System is hereby authorized to pay any cost-of-living increases granted by law, including but not limited to the 1985 and 1988 cost-of-living increases, to any retiree of the Employees’ Retire…

(a) Any state employee who, at the time of his retirement is a member of and holds a policy in any state group hospitalization or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his retirement pay a sufficien…

(a) The general administration and responsibility for the proper operation of the retirement system and for making effective this article are hereby vested in a board of trustees which shall be known as the Board of Control. (b) The board shall consist of 15 trustees as follows: …

(a) Effective October 1, 1997, all the assets of the retirement system shall be credited according to the purpose for which they are held among three funds, namely, the Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The operation of the former Pension …

(a) The Board of Control shall be the trustees of the several funds of the Employees’ Retirement System created by this article as provided in Section 36-27-24 and shall have full power to invest and reinvest the funds, through its Secretary-Treasurer in the classes of bonds, mor…

All proposed legislation affecting the Employees’ Retirement System of Alabama shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation. (Acts 1973, No. 1284, p. 2196, § 1.)

(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system shall be guilty of a misdemeanor and, on conviction thereof by any court of competent juris…

(a) Except as provided in subsection (b), the right of an individual to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity, or retirement allowance itself and any optional benefit or any other right accrued or accruing to any ind…

Official copies of records or documents maintained on microfilm, microfiche or other photo-reproductive material of archival quality by the Employees’ Retirement System shall be admissible as primary evidence in any legal, judicial or administrative proceeding or action for the p…

(a) The Retirement Systems of Alabama, which consist of the Employees’ Retirement System of Alabama and the Teachers’ Retirement System of Alabama, shall have within its corporate powers, the right to purchase, sell and hold title, in its own name, to any interest or estate in re…

If the positive investment performance of any retirement system administered by the Retirement Systems of Alabama results in a decrease in the total contribution rate paid by employers and employees participating in such a system, the Retirement Systems of Alabama shall first red…

No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the said state shall apply to members of the retirement system establ…

The Board of Control of the Employees’ Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the retirement system as may be necessary to en…

(a) Commencing in the fiscal year beginning October 1, 2026, no benefit increase provided to retirees and beneficiaries under the Employees’ Retirement System, except for retirees and beneficiaries whose employers participate pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, …

(a) The membership of the retirement system shall be composed as follows: (1) All persons who shall become employees after October 1, 1945, shall become members of the retirement system as a condition of their employment. (2) Any person who is an employee on October 1, 1945, shal…

Any member of the Employees’ Retirement System of Alabama who was prohibited from participating in the Employees’ Retirement System because such member was age 61 or older at the time of his employment may purchase credit for any such service including service rendered subsequent…

(a) Any person who has been regularly appointed to the state Board of Pardons and Paroles or a former member of said board, or Director of Physical Fitness Department shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assu…

(a) Any person who is employed full-time by a regional or local legislative delegation office shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a “member” of the s…

(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…

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…

(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 in the system, may receive credit …

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…