Title 45

If the board shall find that a member or other person entitled to a benefit is unable to care for his or her affairs because of illness or accident or because he or she is a minor, the board may direct that any benefit due him or her, unless claim shall have been made for the ben…

Each member or other person entitled to a benefit, before any benefit shall be payable to him or her or on his or her account under the plan, shall file with the board the information that it shall require to establish his or her rights and benefits under the plan. (Act 97-689, p…

(a) Within 10 days after any final decision of the board, the city or any person aggrieved at the decision of the board may appeal the decision to the Circuit Court of Mobile County by filing a notice and request for an appeal with the clerk of the circuit court and serving notic…

If the board cannot ascertain the whereabouts of any person to whom a payment is due under the plan, the board may, after such payment is due and prior to the funds escheating to the city or the State of Alabama under any applicable escheat laws, mail a notice of such due and owi…

The provisions of this plan are severable. If any part of the plan is declared invalid or unconstitutional, such declaration shall not affect the remaining provisions of the plan. (Act 97-689, p. 1379, §11(10.07).

(a) The plan shall be construed, regulated, and administered under the laws of the State of Alabama, except where the provisions of the code or other applicable federal statutes control. (b) The titles and headings of the articles and sections in this plan are for convenience onl…

Every uniformed officer shall be a member in this plan as of the date he or she first becomes a uniformed officer. Membership in this plan shall be mandatory for all uniformed officers. (Act 97-689, p. 1379, § 3(2.01).)

A person’s membership in the plan shall end when he or she is no longer employed as a uniformed officer or, if he or she is entitled to benefits under the plan, when those benefits have been distributed to him or her. Membership shall continue while on leave, or other leave of ab…

If a uniformed officer’s membership in the plan ends and he or she again becomes a uniformed officer, he or she shall again become a member on the date he or she again becomes a uniformed officer. (Act 97-689, p. 1379, § 3(2.03).)

Except as otherwise provided in this part, a member’s service shall be his or her period of service as a uniformed officer as determined in accordance with the Mobile County Personnel Board rules. Service performed other than as a uniformed officer shall not be included in a memb…

(a) If a member shall have been absent from service as a uniformed officer because of service in the uniformed services of the United States and if he or she shall have returned to service as a uniformed officer having applied to return while his or her reemployment rights were p…

(a) If a member entitled to a benefit under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 of the plan is restored to service as a uniformed officer, any benefit he or she may be receiving under Subpart 4 shall cease and any election of an o…

(a) Except as provided in Section 45-49A-63.66, a member who first became a uniformed officer prior to March 28, 1990, and who terminates his or her employment as a uniformed officer on or after he or she has 20 years of service, the last 10 years of service being without a break…

(a) Non-service connected benefit. If a member who has at least 15 years of service becomes permanently physically or mentally disabled other than while performing his or her duties as a uniformed officer by reason of a disability not described in paragraph b. of subdivision (1) …

(a) A member who terminates his or her employment as a uniformed officer, other than by reason of death or disability, after he or she has 15 years of service, the last 10 years of service being without a break in service exceeding one year, but before he or she is eligible to re…

(a) If a member eligible for a retirement benefit under Section 45-49A-63.60 or a member eligible for a benefit under subsection (a) of Section 45-49A-63.62 dies prior to his or her annuity starting date, his or her eligible family members shall receive a benefit equal to the gre…

The board, after consultation with its actuary and other advisors, may from time to time grant such cost-of-living increases in the benefits being paid to all retired members, or certain classes of retired members, as the board deems prudent, but only if such increases would have…

Notwithstanding any provision of the plan to the contrary, the maximum annual benefit paid to a member shall not exceed the limitations imposed by Section 415 of the code and any regulations issued thereunder. The mortality table prescribed by the Secretary of the Treasury under …

Notwithstanding anything in the plan to the contrary, if a member shall at any time be convicted of a Class A felony or of an offense under any local, state, or federal law that would result in the conviction of a Class A felony in the State of Alabama, all benefits that would ot…

(a) Benefits payable to a member under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 shall be payable in monthly installments beginning on the first day after the latest of (1) the day the member retires or terminates his or her employment,…

(a) Any member entitled to a benefit under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 may elect to receive the benefit payable to him or her in one of the following optional forms: (1) OPTION 1. A pension payable during the member’s life…

(a) An election under Section 45-49A-63.81 shall be made in a time and manner determined by the board and shall be signed by the member and witnessed by a notary. (b) An election of an option under Section 45-49A-63.81 may be revoked and subsequent elections and revocations may b…

Notwithstanding any other provision of this subpart, all distributions from this plan shall conform to the regulations issued under Section 401(a)(9) of the code, including the incidental death benefit provisions of Section 401(a)(9)(G) of the code. Further, such regulations shal…

(a) Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee’s election under this subpart, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid dire…

(a) The Legislature has found and determined and does hereby declare that in municipalities having a population of not less than 175,000 nor more than 250,000 the following conditions exist: (1) That the constant growth of private vehicular traffic in such counties is placing exc…

The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise, shall be given the following respective interpretations herein. (1) APPLICANT. A natural person who files a written ap…

(a) The following provisions shall be applied wherever appropriate herein: Herein, hereby, hereunder, hereof, and other equivalent words refer to this part as an entirety and not solely to the particular section or portion thereof in which any such word is used. (b) The definitio…

(a) A public corporation may be organized pursuant to this part in any municipality having a population of not less than 175,000 nor more than 250,000 according to the last or any subsequent federal decennial census. In order to incorporate such a public corporation, any number o…

(a) Within 40 days following the adoption of an authorizing resolution by the governing body, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the county in which the municipality is located, a certificate of i…

(a) The certificate of incorporation of any authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. The board of directors of the authority shall first adopt a resolution proposing an amendment to the certifi…

(a) Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board pursuant to its authorization. The board shall consist of six directors. Each director shall be elected by the governing body of the authorizing municipality.…

The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time (which may be perpetual, subject to Section 45-49A-64.19) spec…

Rates, fees, and charges for public transportation service rendered by the authority from any of its transit systems shall be fixed and from time to time revised as at all times to provide funds that, when added to all other revenues (including tax proceeds) anticipated to be rec…

(a) All bonds issued by the authority shall be signed by the chair of its board or other chief executive officer and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signe…

As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and main…

Any resolution of the board or trust indenture under which bonds may be issued pursuant to this part may contain provisions creating a statutory mortgage lien, in favor of the holders of such bonds and of the interest coupons applicable thereto, on the transit systems, or any the…

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include, but shall not be limited to, all of the fol…

For the purpose of securing public transportation or aiding or cooperating with the authority in the planning, development, undertaking, construction, acquisition, extension, improvement, operation, or protection of transit systems, any county, municipality, or other political su…

The property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority, and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. The authority s…

This part is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. Except as in this part expressly otherwise provided, no proceeding, notice, or a…

Each authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of its agencies or departments or the governing body of the county and subject only to the necessity of obtaining the municipal consen…

Within 30 days of the beginning of the fiscal year of an authority, the board shall adopt a budget for such fiscal year. Any such budget may be amended by a resolution of the board from time to time and at any time. Within 30 days following the close of each fiscal year the autho…

Any employee of the authority may join or participate in a labor union. No employee of the authority shall be subject to the provisions of any civil service or merit system or to the rules or regulations of any personnel board that might otherwise be applicable. (Acts 1975, 2nd S…

At any time when the authority has no bonds or other obligations outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of the resolution in the o…

(a) The rights, benefits, and other employee protective conditions and remedies of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. § 1609(c)), as determined by the Secretary of Labor, shall apply to the operation by the authority of any public tr…

Nothing herein shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or held by railroads or utilities, both public and private. (Acts 1975, 2nd Sp. Sess., No. 31, p. 141, §21-A.)