Title 45

No board member shall receive any compensation from the plan for his or her services as such; however, board members may be reimbursed for any actual expenses they incur on board business. No bond or other security shall be required of any board member in that capacity. (Act 97-6…

The members of the board shall use that degree of care, skill, prudence, and diligence that a prudent person acting in a like capacity and familiar with such matters would use in a similar situation. (Act 97-689, p. 1379, § 8(7.08).)

The board shall maintain accounts showing the fiscal transactions of the plan and shall keep in convenient form such data as may be necessary for actuarial valuations of the plan. (Act 97-689, p. 1379, § 8(7.09).)

Any individual, entity, or group of persons may serve in more than one fiduciary capacity with respect to the plan and/or the fund. (Act 97-689, p. 1379, § 8(7.10).)

The city, the board, the members of the board, and any officer, employee, or agent of the city shall not incur any liability individually or on behalf of any other individuals or on behalf of the city for any act, or failure to act, made in good faith in relation to the plan or t…

The members of the board and the officers, employees, and agents of the city shall be indemnified against any and all liabilities arising by reason of any act, or failure to act, in relation to the plan or the fund including, without limitation, expenses reasonably incurred in th…

It shall be the duty of the city attorney to give advice to the board in all matters pertaining to the duties of the board whenever requested to do so; to represent and defend the board and its individual members in all suits and actions at law or in equity that may be brought ag…

Except as may be otherwise specified in this plan, all expenses that arise in connection with the administration of the plan including, but not limited to, the compensation and other expenses and charges of any counsel, accountant, specialist, or other person who has been retaine…

The board may create and administer a deferred retirement option plan (DROP Plan) on such terms and conditions as the board may prescribe; however, any DROP Plan created by the board shall be at no cost and with no liability to the city. The plan’s actuary shall certify to the ci…

All the funds of the plan shall be held by the board as trustee of the plan. In addition to the powers granted to the board by the plan, the board shall have all powers granted to trustees under any Alabama statute or regulation which are necessary or desirable for it to fulfill …

Except as otherwise provided in the plan, no part of the corpus or income of the fund shall be used for, or diverted to, purposes other than for the exclusive benefit of members and beneficiaries entitled to benefits under the plan and paying plan expenses not otherwise paid by t…

(a) The board, with approval by a majority vote of the city council or like governing body of the city, reserves the right at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the pla…

The city may terminate the plan with the consent of the majority of the plan’s members at the time of the termination, for any reason at any time. In case of termination of the plan, the rights of members to their benefits as of the date of the termination, to the extent then fun…

(a) This section shall apply (i) in the event the plan is terminated, to any member who is a highly compensated employee of the city and (ii) in any other event, to any member who is one of the 25 highly compensated employees of the city with the greatest compensation in any plan…

Except as required by any applicable law, no benefit under the plan shall in any manner be anticipated, assigned, or alienated, and any attempt to do so shall be void. (Act 97-689, p. 1379, §11(10.01).)

The establishment of the plan shall not confer any legal rights upon any uniformed officer or other person for a continuation of employment, nor shall it interfere with the right of the city, which right is hereby reserved, to discharge any uniformed officer and to treat him or h…

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…