Title 45

(a) In each instance in which any provision of this section requires a determination of the value of a security, or securities, in the fund, the fair market value of such security or securities as determined by pricing sources acceptable to the custodian, shall be deemed to be th…

(a) In addition to periodic actuarial valuations of the fund which the board may from time to time require, the board, upon request, shall transmit to each member of the Alabama House of Representatives representing the county or any part thereof, and to each member of the Alabam…

(a) Any decision of the board denying a benefit claimed may be subject to review by the circuit court, in the manner and subject to the limitations herein provided. An employee may secure a review of a decision of the board by mandamus proceedings in the circuit court, which proc…

The Legislature reserves the power to amend, alter, or repeal this subpart or any provision thereof. If any person who may be entitled to voluntarily retire and obtain a retirement allowance under this subpart shall so voluntarily retire before exercise of the reserved power such…

Each qualified employee in the city who is in the classified service or full-time unclassified service hired after January 1, 1989, including each qualified employee in the full-time service of the police and fire departments shall be a participant in the system, except as provid…

(a) Anything herein to the contrary notwithstanding, no member of the pension system provided by the following legislation, if such legislation is applicable to the city, shall be a member of the system:(1) The Policemen’s Pension and Relief Plan provided by Act 502 of the 1923 S…

(a) Elected officials. (1) Each officer shall be eligible to become a member of the system by exercising the option hereby given in the manner and within the time provided for in this subsection and not thereafter.(2) Any person who is an officer may exercise such option within 9…

Payment for such time under 10 years earned prior to January 1, 1989, has been made in full. If such service totals were more than 10 years, selection of option (2) provided the participant with credit for one-half of each year completed in the unclassified service of the city pr…

Participants who were members of the system prior to June 1, 1994, and who made a written election to continue participation in the system are participants, subject to exception herein. No board of health employees hired after June 1, 1994, are eligible to participate in the syst…

(a) In the event a participant should cease to be a participant hereunder, should elect a return of his or her contributions as provided in Section 45-37A-51.234 hereof, and should thereafter again become a participant hereunder, such participant shall have the right to elect to …

Employees of the library board, airport authority, emergency management district/agency, communication district, and civic center authority may participate in the benefits of this plan under the terms of Division 9. (Act 2006-339, p. 851, Art. IV, § 7.)

Executive exempt service employees under Section 45-37-121.25 shall be members of the system for the department in which they serve unless the exempt person elects in writing to forfeit such participation. (Act 2006-339, p. 851, Art. IV, § 8.)

Any one for whom the Legislature has authorized participation herein is otherwise qualified to participate. (Act 2006-339, p. 851, Art. IV, § 9.)

(a) The system shall have the authority to recalculate benefits if a mistake in payments has occurred. If the system mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as practicable after the mistake is discovered.(b) If the benefit was …

(a)(1) Effective on and after April 12, 2006, through June 30, 2021, each participant shall contribute to the cost of the system, and the city shall deduct from the participant’s pay, an amount equal to not less than six percent nor more than seven percent of actual monthly salar…

The board of managers upon approval of each employer, including the board of health, shall have authority to adopt a program and plan amendments relating to that employer’s employees meeting the requirements of the United States Internal Revenue Code, as amended, to allow employe…

(a) The city shall pick up employer payment of required participants’ contributions in lieu of salary or wages through a program and plan amendments relating to the city’s employees meeting the requirements of the United States Internal Revenue Code, as amended.(b)(1) Beginning J…

(a) The Jefferson County Department of Health shall pay into the fund from its general or otherwise appropriate funds its current service costs and its past service costs to be determined as of the date of the commencement of each fiscal year of the city as follows:(1) The actuar…

Anything herein to the contrary notwithstanding, contributions of participant and the city in effect immediately prior to the adoption of this subpart shall continue to be deducted and paid into the fund until such time as the percentages provided for in Sections 45-37A-51.190, 4…

(a) Credit for service with the county or other municipality and with the city as a temporary employee hired on or after September 1, 1969, but before July 1, 2009.(1) In the event a qualified employee becoming a participant herein on or after September 1, 1969, shall have, prior…

In the event of the retirement of a police officer or a firefighter from a supplemental pension system, as established by Subpart 1, with 20 or more but less than 30 years of credited service under the system, this system shall receive from the supplemental pension system each me…

In the event contributions shall have been deducted from an employee who is not a participant herein and shall have been paid into the fund, the deductions shall be refunded to the employee. Similarly, any contributions made to the fund by the city on behalf of the nonparticipati…

(a) Any employee member having been a full-time employee in the unclassified service of the city, prior to January 1, 1989, as a common laborer for less than 10 years, shall have had the election options available under the terms of subsection (d) of Section 45-37A-51.162 and Sec…

Constructive employees of the city, excluding the employees of the board of health, who are eligible to participate in the plan under Division 9 shall pay the same contribution rate as employees of the city. (Act 2006-339, p. 851, Art. V, § 10.)

Constructive subsidiaries of the city, excluding the board of health as set forth herein, the employees of which are eligible to participate in the plan under Division 9, shall pay the same contribution rate as the city and shall contribute to the plan as determined herein. (Act …

(a) A participant having attained age 60 or older and having completed five or more years of credited service, or having completed 30 or more years of credited service without regard to age, shall be entitled upon his or her voluntary retirement to a monthly retirement benefit eq…

(a) The minimum retirement benefit payable under Section 45-37A-51.220 shall be four hundred dollars ($400) per month. The maximum normal retirement benefit payable under Section 45-37A-51.220 shall be 75 percent of final average salary, exclusive of sick leave bonus. Notwithstan…

(a)(1) All participants who are participants before July 1, 2017, shall vest at five years of credited service.(2) Notwithstanding anything to the contrary contained in this section, all participants who first become participants on or after July 1, 2017, shall vest at 10 years o…

With respect to participants who shall belong to and retire under the supplemental pension system established by Subpart 1 after having accumulated 20 or more years of credited service thereunder but prior to his or her having accumulated 30 years of credited service hereunder, b…

(a) In the event a participant shall be involuntarily retired after having completed 20 or more years of credited service prior to attaining the age of 60 years, such participant shall be entitled to a monthly retirement benefit equal to the product of the final average salary mu…

(a) In the event a participant, after having accrued five or more years of credited service, shall become totally disabled to perform his or her customary duties as an employee of the city and not be entitled to an extraordinary disability allowance, he or she shall in such event…

(a) Extraordinary disability allowance for participants joining the system prior to January 1, 1989.(1) In the event a participant who joins the system prior to January 1, 1989, shall become totally disabled to perform his or her customary duties by reason of personal injury rece…

(a) In order for disability allowances to be awarded under Section 45-37A-51.225 or Section 45-37A-51.226, the board shall first have satisfactory proof thereof by certification of such disability of the participant applying for disability allowance, the certification being made …

(a) Effective July 1, 2002, in the event of the death of a retiree or participant who, on the date of his or her death was eligible for voluntary retirement under Section 45-37A-51.220, there may be payable a monthly survivor’s benefit equal to 60 percent of the monthly retiremen…

(a) The surviving spouse of the deceased or participant described in Section 45-37A-51.228 shall be eligible to receive a survivor’s benefit. The next foregoing sentence shall apply to a spouse married to the retiree or participant at the time of such retiree’s or participant’s d…

Should a participant be killed in the line of his or her duty, there may be payable to his or her spouse and child or children a service connected death benefit which shall be determined as follows:(1) Spouse benefit. The surviving spouse shall receive a monthly benefit equal to …

(a) The survivors of the deceased participant described in Section 45-37A-51.229 shall be eligible to receive a service connected death benefit if they continued to be legally married on the date of the death of the deceased participant. Further, the survivor shall continue to be…

(a) Effective as of July 1, 2002, in the event a firefighter or police officer retires under the supplemental pension system established by Subpart 1, after having accumulated 20 years of credited service under the system and shall die prior to the date on which the participant w…

In the event a participant shall die prior to retirement and without a surviving spouse or children eligible for benefits hereunder, there shall be payable to the severance beneficiary, as defined in Section 45-37A-51.236, in an amount equal to the participant’s total contributio…

(a) In the event a participant shall terminate or be terminated from his or her employment with the city due to disability and such participant shall cease to be eligible for participation herein or in the event such participant shall cease to be a qualified employee and shall el…

Only in the event a return of contributions is otherwise required herein shall this section apply. A return of contributions, as provided herein, shall be payable to the former participant, if living. In the event of death, if there is a survivor and there are accrued benefits, t…

(a) The custodian shall keep a book or record in which any employee member may designate the name of a person to receive return of contributions made by him or her in the event of his or her death prior to commencement of accrual of a retirement allowance in his or her favor. Any…

(a) Anything herein to the contrary notwithstanding and except as provided in subsection (b), no retirement benefits of whatever kind or description shall be payable to any former participant for any period during which the former participant is employed by the city, is due a sal…

The determination of the rights of a retiree to benefits or rights of survivors or named beneficiaries to death or other benefits under this system shall be determined on the basis of the law governing the system which is in effect on the date of retirement of the retiree or deat…

In the event that benefits become payable hereunder to minor children, payments shall be made to the legal guardian of the minor children or, in the absence of a legal guardian, to the person who has custody of the children. The benefit shall be payable to the use and benefit of …