Title 45

(a) All permanent employees who have held regular full-time positions under the jurisdiction of this section for one year and less than 12 years, shall be allowed an annual vacation with pay at the rate of one work day per month of service not to exceed 12 work days vacation; reg…

With the discretion of the director of personnel, vacancies in positions shall be filled, in so far as practicable by promotion from among employees holding positions in the classified service. Promotions shall be based upon merit and competition and upon the superior qualificati…

An appointing authority may, at any time, assign a classified employee under his or her jurisdiction from one position to another in the same class. Any classified employee, holding permanent status, may be transferred from one department to a position in the same class in anothe…

(a) An appointing authority may dismiss or demote an employee holding permanent status for just cause whenever he or she considers the good of the service will be served thereby, for reason stated in writing, served on the affected employee, and a copy furnished to the director, …

Whenever it is necessary because of lack of work, lack of funds, or whenever it is advisable in the interest of economy to reduce the staff of any department or agency of the counties, or any municipality affected by this part, the appointing authorities shall lay off employees a…

It shall be unlawful for the fiscal officer of either a county or any municipality affected by this part to draw, sign, issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer or other disbursing officer of either the municipality or the county for th…

No person shall be appointed or promoted to, or demoted or dismissed from any position, or in any way favored or discriminated against with respect to employment because of his or her political or religious opinions or affiliations or his or her race. No person shall seek or atte…

Any person found guilty of doing any act herein declared to be a misdemeanor shall be punished as provided by law. (Acts 1945, No. 248, p. 376, §26.)

The civil service system existing on July 6, 1945, in any county to which this part shall become applicable upon its passage, shall be continued in force and effect under the terms and provisions of this part, without any change in the rights, privileges, duties, benefits, or lia…

(a) The classification of exempt executive service for Class I municipalities is hereby created. The board shall have authority to designate or create positions in the exempt executive service upon recommendation or request of the appointing authority of any Class I municipality.…

This part shall apply only to Jefferson County. (Act 2009-662, p. 2029, §1; Act 2011-69, p. 176, §1.)

The Jefferson County Commission, by a four-fifths vote, shall employ an at-will county manager to serve as the chief executive officer of the county only in compliance with the requirements set out in this part. (Act 2009-662, p. 2029, §2; Act 2011-69, p. 176, §1.)

(a) At any time there is a vacancy in the office of county manager, the county commission shall begin a national search for a qualified county manager by retaining a national search firm that specializes in the recruitment of either or both of the following: (1) city or county ma…

(a) The county commission shall establish the qualifications of the county manager. The Jefferson County Personnel Board, at the direction of the county commission, may assist in establishing the qualifications. Notwithstanding the foregoing, the county manager shall possess a Ma…

(a) A county manager may be terminated only upon a vote of four-fifths of the county commission. In the event the termination is made without cause, the county may provide the county manager with a severance package. The county commission may not provide a severance package to a …

(a) For purposes of this part, cause includes any of the following reasons: (1) The county manager was at the time of his or her appointment or has since become ineligible to hold office because the county manager failed to meet the minimum qualifications set forth under this par…

A county manager hired pursuant to this part shall be the chief executive officer of Jefferson County and, as such, shall carry out the duties and responsibilities established by the county commission, including the following: (1) To act as the primary administrative advisor to t…

The county commission, by a four-fifths vote, has the option to use the county personnel board or to separately promulgate rules that conform to antidiscrimination policies of the Jefferson County Personnel Board or the Equal Employment Opportunity Commission, or both. (Act 2009-…

Any provision of law to the contrary notwithstanding, the county commission shall make an offer to a candidate for the county’s initial county manager position by June 1, 2011. Should the commission be unable to elect the initial county manager with a four-fifth’s vote or otherwi…

(a) This part is a defined benefit pension plan, to be known as the General Retirement System for Employees of Jefferson County. (b) The plan was originally established in Acts 1965, No. 497, 1965 Regular Session (Acts 1965, p. 717), which has been amended from time to time, for …

For the purposes of this part, the following terms have the following meanings: (1) ACT. The act adding this part, to be called the General Retirement System for Employees of Jefferson County Act. (2) ACTIVE MEMBER. An individual who currently is employed by the county or other e…

(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 …

(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…

(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 …

(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…

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…

(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…

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.)

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…

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

(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…

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…

(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…

(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…

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…

(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…

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 …

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…

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…

(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…