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Alabama Statutes, Title 45

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Alabama/Statutes

← All Alabama coverage

Title 45

134 chapters · 10,612 sections in this title.

All chapters in Title 4510,612 Ch 49, Mobile County600 Ch 37A, Jefferson County Municipalities438 Ch 2, Baldwin County401 Ch 37, Jefferson County379 Ch 58, Shelby County300 Ch 8A, Calhoun County Municipalities266 Ch 39, Lauderdale County245 Ch 45, Madison County224 Ch 51A, Montgomery County Municipalities206 Ch 41, Lee County201 Ch 44, Macon County193 Ch 27, Escambia County192 Ch 48, Marshall County192 Ch 57A, Russell County Municipalities184

379 sections·Filtered byTitle 45✕Ch 37✕

Ala. Code § 45-37-123.100 Retirement Benefits
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(a) Superannuation retirement benefit. (1) ELIGIBILITY. A member shall be eligible for a superannuation retirement benefit if the member is not receiving a disability benefit and: a. The member has 30 or more years of paid membership time, regardless of age; b. The member has 10 …
Ala. Code § 45-37-123.101 Postretirement Joint Survivorship Pension
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(a) Election of postretirement joint survivorship pension. In lieu of a benefit under subsections (a) to (c), inclusive, of Section 45-37-123.100, superannuation retirement benefit, early retirement benefit, or deferred retirement benefit, respectively, a member may elect to rece…
Ala. Code § 45-37-123.102 Disability Retirement Benefits
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(a) Disability benefit. (1)a. Non-service connected disability benefit. Subject to subsection (b), any member who, after accumulating 10 years of paid membership time, experiences a total or partial and permanent disability as a result of a non-service connected disability shall …
Ala. Code § 45-37-123.103 Death Benefits
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(a) Preretirement death benefits. A vested member’s designated beneficiary is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED MEMBER. If a married, active member dies, then the designated beneficiary may elect, on a form provided by the pen…

Ala. Code § 45-37-123.104 Withdrawal and Refund of Employee Contributions

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The following provisions generally govern a member’s withdrawal and refund of employee contributions under the plan. (1) WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS BY NONVESTED MEMBERS NOT ENTITLED TO A DEFERRED RETIREMENT BENEFIT. In the event that a nonvested member ceases to be an e…

Ala. Code § 45-37-123.106 Minimum Distribution Requirements

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(a) General rules. (1) EFFECTIVE DATE. Except as otherwise provided in this section, this section shall apply for purposes of determining required minimum distributions for calendar years beginning on and after January 1, 1987. (2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATE…

Ala. Code § 45-37-123.107 Time of Segregation or Distribution

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Except as otherwise provided herein, whenever the trustee is to make a distribution or to commence a series of payments the distribution or series of payments may be made or begun on such date or as soon thereafter as is practicable. (Act 2013-415, p. 1586, §2:5.8.)

Ala. Code § 45-37-123.108 Direct Rollovers

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Except as otherwise specifically provided in this section, this section shall be effective as of January 1, 1993. (1) ROLLOVERS GENERALLY. a. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee’s election under this section, a distri…

Ala. Code § 45-37-123.109 Participant Distribution Notice

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(a) The pension board shall during the 30 to 180 day period before making an eligible rollover distribution, provide a written explanation to the recipient: (1) Of the provisions under which the recipient may have the distribution directly transferred to an eligible retirement pl…

Ala. Code § 45-37-123.110 Forfeiture of Unpaid Benefits or Contributions; Reinstatement

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(a) To the extent allowed by law, in the event that all or any portion of the benefit payable to a missing participant or missing beneficiary shall remain unpaid either: (i) with respect to a nonvested member, for more than five years following the member’s separation from servic…

Ala. Code § 45-37-123.130 Annual Benefit and Final Regulations Under §415, Internal Revenue Code

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(a) Annual benefit. For purposes of this subpart annual benefit means the benefit payable annually under the terms of the plan, exclusive of any benefit not required to be considered for purposes of applying the limitations of §415, Internal Revenue Code, to the plan, payable in …

Ala. Code § 45-37-123.131 Maximum Annual Benefit

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(a) Notwithstanding the foregoing and subject to the exceptions and adjustments below, effective for limitation years ending after December 31, 2001, the annual benefit otherwise payable to a member under the plan at any time shall not exceed the maximum annual benefit, and if th…

Ala. Code § 45-37-123.132 Adjustments to Annual Benefit and Limitations

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(a) Adjustment if fewer than 10 years. Effective for limitation years ending after December 31, 2001, if a member has fewer than 10 years of participation in the plan, the defined benefit dollar limitation of Section 45-37-123.131(a) shall be multiplied by a fraction, the numerat…

Ala. Code § 45-37-123.133 Annual Benefit Not in Excess of $10,000

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(a) The plan may pay an annual benefit to any member in excess of the member’s maximum annual benefit if the annual benefit derived from employer contributions under the plan and all other defined benefit plans maintained by the county does not in the aggregate exceed ten thousan…

Ala. Code § 45-37-123.134 Purchase of Permissive Service Credit

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(a) In general. If a member makes one or more contributions to the plan to purchase permissive service credit under the plan, the requirements of § 415, Internal Revenue Code, shall be treated as met with respect to these contributions if: (1) The requirements of § 415(b), Intern…

Ala. Code § 45-37-123.135 Annual Benefit Attributable to Mandatory Employee Contributions

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(a) Effective for limitation years beginning on and after December 31, 2001, in the case of mandatory employee contributions as defined in § 411(c)(2)(C), Internal Revenue Code, and Treasury Regulation § 1.411(c)-1(c)(4), or contributions that would be mandatory employee contribu…

Ala. Code § 45-37-123.136 Qualified Section 415(M) Plan

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In order to yield the maximum benefit specified under this part, without regard to the § 415, Internal Revenue Code, limitations, a qualified plan under § 415(m), Internal Revenue Code, shall be established by the pension board in order to provide any additional benefit needed to…

Ala. Code § 45-37-123.150 Amendments

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(a) The pension board shall have the right at any time to amend the plan, subject to the limitations of this section. Any amendment shall be consistent with the act, any other legislation relating to the system, or consistent with other authority granted to the pension board. Add…

Ala. Code § 45-37-123.151 Benefit Enhancements

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(a) Specifically, but not in limitation of the pension board’s authority to amend the plan as set forth in Section 45-37-123.150, the pension board may amend the plan to increase or enhance member benefits by cost-of-living increase, lump sum payment, or in any other form or mann…

Ala. Code § 45-37-123.170 Termination

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In the event that the Legislature takes appropriate action to terminate the plan, or in the event of a partial termination of the plan, all amounts shall be allocated in accordance with the provisions hereof and the accrued benefit, to the extent funded as of such date, of each a…

Ala. Code § 45-37-123.190 Merger, Consolidation, or Transfer of Assets

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(a) This plan may be merged or consolidated with any other qualified plan or its assets or liabilities transferred to any other qualified plan as determined by the Legislature or the county. (b) A member, with the approval of the pension board, may elect to transfer, in cash, amo…

Ala. Code § 45-37-123.191 Member’s Rights

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The plan shall not be deemed to constitute a contract of employment between the county and any member or to be a consideration or an inducement for the employment of any member or employee. Nothing contained in the plan shall be deemed to give any member or employee the right to …

Ala. Code § 45-37-123.192 Construction of Plan

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The plan shall be construed and enforced according to the Internal Revenue Code, the act, and the laws of this state, other than its laws respecting choice of law. In the event of any discrepancy between the terms of the plan or the act and those of applicable federal law, federa…

Ala. Code § 45-37-123.193 Gender and Number

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Wherever any words are used herein in the masculine, feminine, or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be co…

Ala. Code § 45-37-123.194 Prohibition Against Diversion of Funds

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(a) Except as provided below and otherwise specifically required by law, it shall be impossible by operation of the plan or of the trust agreement, by termination of either, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement, or by…

Ala. Code § 45-37-123.195 Receipt and Release for Payments

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Any payment to any member, the member’s legal representative, designated beneficiary, or to any guardian or committee appointed for the member or designated beneficiary in accordance with the plan, to the extent thereof, shall be in full satisfaction of all claims hereunder again…

Ala. Code § 45-37-123.196 Action by the County

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Whenever the county under the terms of the plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. (Act 2013-415, p. 1586, §2:9.7.)

Ala. Code § 45-37-123.197 Headings and Severability

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The headings and subheadings of the plan have been inserted for convenience of reference and are to be ignored in any construction of the provisions hereof. If, for any reason, any clause, sentence, subsection, or section or provision of the plan, or the application thereof, to a…

Ala. Code § 45-37-123.198 Uniformity

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All provisions of this subpart shall be interpreted and applied in a uniform, nondiscriminatory manner. (Act 2013-415, p. 1586, §2:9.9.)

Ala. Code § 45-37-123.20 Powers and Responsibilities of the County

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(a) Provisions of records. The county shall provide all records and documents necessary to determine an employee’s status and eligibility for membership in the plan, upon which a service record shall be created. (b) Contributions. The county shall contribute an amount equal to si…

Ala. Code § 45-37-123.21 Designation of Administrative Authority

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(a) General administration. The role of the pension board is established by the State of Alabama through legislative act. The pension board is responsible for the general administration and proper operation of the plan. The pension board also is responsible for making effective t…

Ala. Code § 45-37-123.22 Powers and Duties of the Pension Board

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(a) The pension board shall be responsible for the general administration and proper operation of the plan, and shall administer the plan for the exclusive benefit of the members and their designated beneficiaries, subject to the specific terms of the plan. The pension board shal…

Ala. Code § 45-37-123.23 Records and Reports

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(a) Records. The pension board shall keep minutes of its meetings. Additionally, the pension board shall keep all other books of account, records, policies, compensation records, service records, and other data that may be necessary for proper administration of the plan and shall…

Ala. Code § 45-37-123.24 Appointment of Advisers and Allocation of Responsibilities

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The pension board may allocate responsibilities among the members of the pension board or may delegate responsibilities to third parties, or both. The pension board may employ, appoint, or contract with additional employees, administrators, managers, counsel, specialists, adviser…

Ala. Code § 45-37-123.25 Information from County, Personnel Board, or County’s Agent

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The county, the Personnel Board of Jefferson County, or the county’s agent, as applicable, shall supply full and timely information including, but not limited to, all payroll, service records, and personal history of members, to the pension board as the pension board may require …

Ala. Code § 45-37-123.26 Payment of Expenses

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Subject to Section 45-37-123.194, all payment of benefits, expenses of administration, and any other expenses arising hereunder, may be paid by the pension board out of the trust fund, unless otherwise paid by the county or from the general assets of the system as a legal entity …

Ala. Code § 45-37-123.27 Majority Actions

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Three members of the pension board shall constitute a quorum for the transaction of all business. Except where there has been an allocation and delegation of administrative authority pursuant to Section 45-37-123.24, three affirmative votes shall be necessary for a decision by th…

Ala. Code § 45-37-123.28 Claims Procedure

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(a) Claims for benefits under the plan shall be filed in writing with the executive director on forms which may include, but are not limited to, electronic forms provided by the pension board and filed in accordance with procedures established by the pension board, the executive …

Ala. Code § 45-37-123.29 Claims Review Procedure

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Any employee, former employee, or designated beneficiary of either, who has been denied a benefit by a decision of the pension board pursuant to a claim made under Section 45-37-123.28 shall be entitled to request the pension board to give further consideration to a claim by fili…

Ala. Code § 45-37-123.30 Investment Authority

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(a) The pension board and any investment manager it appoints are authorized to invest and reinvest the funds of the system in all classes and forms of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds, or any other investment. The pensi…

Ala. Code § 45-37-123.31 Liability

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The system, the pension board and each of its individual members, and employees of the system, when acting within the scope of its or their official capacity, shall be immune from civil liability and not subject to legal claims for damages by any individual, member, designated be…

Ala. Code § 45-37-123.50 Conditions of Eligibility

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Any eligible employee may become a member of the system as described in this section. Notwithstanding the following, any individual who was a member of the system prior to the effective date of the amendment and restatement of the plan shall continue to be a member of the system.…

Ala. Code § 45-37-123.51 Determination of Eligibility

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The pension board shall determine the eligibility of each employee for membership in the system based upon information furnished by Jefferson County or its designated agent. Such determination shall be conclusive and binding upon all persons. Additionally, if the pension board ma…

Ala. Code § 45-37-123.54 Reemployed Members

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If a member of the system severs employment with the county or his or her term in an elected or appointed job or position terminates, and the member thereafter returns to the service of the county, he or she shall become a member of the system to the extent he or she meets the de…

Ala. Code § 45-37-123.80 Payment of Contributions and Employer Contributions

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(a) Employer contributions. Each payroll period, an amount equal to the total of all members’ employee contributions that is deducted from the members’ compensation pursuant to Section 45-37-123.82 shall be contributed by the county and shall be paid to the system. The system sha…

Ala. Code § 45-37-123.81 Actuarial Methods

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There shall be an actuarial valuation of the plan at least once every five years. The plan assets are to be valued on the last day of the fiscal year, or on any other date determined by the pension board, using any reasonable method of valuation. In establishing the liabilities u…

Ala. Code § 45-37-123.82 Employee Contributions

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(a) Employee contributions generally. As a condition of employment and of accruing benefits under the plan, each member shall contribute six percent of the member’s compensation to the plan. The employee contributions shall be after tax, or if approved by the pension board the em…

Ala. Code § 45-37-123.83 Forfeitures, Donations, and Other Similar Contributions

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The pension board and county are authorized to contribute to the system or trust fund any monies received in the form of donations, gifts, appropriations, bequests, or otherwise, or derived therefrom. (Act 2013-415, p. 1586, §2:4.4; Act 2021-456, §1; Act 2024-260, §1.)

Ala. Code § 45-37-123.84 Service Rules

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Except as otherwise specifically stated in this section, the rules below shall apply in determining length of service for all purposes under the plan. (1) In no case may more than one year of service be credited for service in one calendar year. (2) A member shall work over one-h…

Ala. Code § 45-37-140 Applicability

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This article shall apply to Jefferson County, Alabama, and to no other county. (Acts 1966, No. 79, p. 106, §1.)