Title 36 — Title 36

Commencing October 1, 2006, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2…

The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-200 and 36-27-202, and shall notify the chief fiscal officer of each employer of the per centum rates of …

(a) Commencing October 1, 2006, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, …

Commencing October 1, 2006, any pensioner or annuitant who retired prior to October 1, 2005, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Em…

The Board of Control of the Employees’ Retirement System shall make all reasonable efforts to notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation by October 1, 2006, that the cost-of-living increase provided for in Section…

Any person who received benefits under the Medicaid Program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the aforementioned increase. Any person who subsequently applies for …

Commencing October 1, 2006, there is provided an increase in benefits to certain persons identified in this section who are currently receiving benefits whose effective date of retirement was prior to October 1, 2005, for purposes of receiving benefits from the Employees’ Retirem…

(a) Any pensioner and any retired member and any member who retires after June 1, 1975, under the Employees’ Retirement System of Alabama whose maximum retirement allowance is based on the minimum guarantee and whose maximum retirement allowance, after taking into account the red…

Living Increases Thereafter. (a) Except as hereinafter provided, each person having retired under the provision of statutes governing the Teachers’ Retirement System or the Employees’ Retirement System of Alabama prior to October 1, 1977, shall be entitled to receive, in addition…

(a) There is hereby provided, commencing October 1, 1980, to any person retired prior to October 1, 1979, under the Teachers’ Retirement System or Employees’ Retirement System of Alabama and who is receiving a retirement allowance therefrom, a cost-of- living increase in his maxi…

(a) There is hereby provided, commencing October 1, 1982, to any person retired prior to October 1, 1981, under the Teachers’ Retirement System or Employees’ Retirement System of Alabama and who is receiving a retirement allowance therefrom, a cost-of- living increase of $1.00 pe…

Medicaid Eligibility Would Be Impaired. (a)(1) There is hereby provided, commencing October 1, 1985, to each person, whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System, is prior to October 1, 1984, and who is receiving an al…

Ineligible; Funding of Increase; Eligibility of Persons Retired from Unit Participating Under Section 36-27-6; Persons Whose Medicaid Benefits Would Be Impaired Are Ineligible; Construction with Other Laws. (a) There is hereby provided contingent upon the funding provisions of su…

Participating in Retirement System. (a) The county commission of any county, by resolution duly adopted to conform to rules of the Board of Control of the Employees’ Retirement System of Alabama, may elect to provide any heretofore or hereafter authorized cost-of-living increases…

6; Amounts; Election by Employer; Construction of Section. (a) There is hereby provided, to each pensioner, annuitant and retiree of any retirement plan other than the Employees’ Retirement System whose retirement is based upon service to an employer participating in the Employee…

(a) The governing body of any quasi-public or private hospital which was previously a public hospital is hereby authorized to give cost- of-living increases to any retiree of the Employees’ Retirement System who was employed by any such hospital when it was a public hospital and …

Any public hospital which has withdrawn from participation in the Employees’ Retirement System is hereby authorized to pay any cost- of-living increases granted by law, including but not limited to the 1985 and 1988 cost-of-living increases, to any retiree of the Employees’ Retir…

Health Insurance Plan. (a) Any state employee who, at the time of his retirement is a member of and holds a policy in any state group hospitalization or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his ret…

(a) The general administration and responsibility for the proper operation of the retirement system and for making effective this article are hereby vested in a board of trustees which shall be known as the Board of Control. (b) The board shall consist of 15 trustees as follows: …

(a) Effective October 1, 1997, all the assets of the retirement system shall be credited according to the purpose for which they are held among three funds, namely, the Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The operation of the former Pension …

(a) The Board of Control shall be the trustees of the several funds of the Employees’ Retirement System created by this article as provided in Section 36-27-24 and shall have full power to invest and reinvest the funds, through its Secretary-Treasurer in the classes of bonds, mor…

All proposed legislation affecting the Employees’ Retirement System of Alabama shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation. History: (Acts 1973, No. 1284, p. 2196, § 1.)

Payments to Beneficiaries or Members. (a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system shall be guilty of a misdemeanor and, on conviction t…

(a) Except as provided in subsection (b), the right of an individual to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity, or retirement allowance itself and any optional benefit or any other right accrued or accruing to any ind…

Official copies of records or documents maintained on microfilm, microfiche or other photo-reproductive material of archival quality by the Employees’ Retirement System shall be admissible as primary evidence in any legal, judicial or administrative proceeding or action for the p…

(a) The Retirement Systems of Alabama, which consist of the Employees’ Retirement System of Alabama and the Teachers’ Retirement System of Alabama, shall have within its corporate powers, the right to purchase, sell and hold title, in its own name, to any interest or estate in re…

If the positive investment performance of any retirement system administered by the Retirement Systems of Alabama results in a decrease in the total contribution rate paid by employers and employees participating in such a system, the Retirement Systems of Alabama shall first red…

State Employees’ Retirement System. No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the said state shall apply to mem…

The Board of Control of the Employees’ Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the retirement system as may be necessary to en…

(a) Commencing in the fiscal year beginning October 1, 2026, no benefit increase provided to retirees and beneficiaries under the Employees’ Retirement System, except for retirees and beneficiaries whose employers participate pursuant to Sections 36-27-6, 36- 27-7, and 36-27-7.1,…

(a) The membership of the retirement system shall be composed as follows: (1) All persons who shall become employees after October 1, 1945, shall become members of the retirement system as a condition of their employment. (2) Any person who is an employee on October 1, 1945, shal…

Any member of the Employees’ Retirement System of Alabama who was prohibited from participating in the Employees’ Retirement System because such member was age 61 or older at the time of his employment may purchase credit for any such service including service rendered subsequent…

All words and phrases defined in Section 36-27-1 shall have the same meanings ascribed to them in such section whenever used in this division, unless the context clearly indicates that a different meaning is intended. History: (Acts 1975, No. 1102, p. 2173, §1.)

(a) Any employee who was in service on October 1, 1974, whose membership in the Employees’ Retirement System of Alabama was contingent upon his own election and who elected not to become a member, may apply for and be admitted to membership with all prior service credit, as other…

Any member who was a member of the Employees’ Retirement System on October 1, 1974, and who prior to said date had been ineligible to receive credit for service rendered as an employee prior to October 1, 1945, for reasons other than having been employed as a nonmember, shall be …

Any person who is presently a regular employee of the State of Alabama and is covered or eligible to be covered under the state Employees’ Retirement System and who, prior to such regular employment was employed as a fully budgeted school bus driver (not a student), mechanic or m…

Any law or part of law relating to the payment of interest on contributions as a prerequisite to the granting of credit for withdrawn, terminated, nonmembership or military service under the Employees’ Retirement System notwithstanding, any eligible employee, member or retired me…

All retirement allowance payments due on or after October 1, 1975, to members of the Employees’ Retirement System of Alabama who retired prior to said date shall be redetermined as if the provisions of this division were in effect at the time they retired; provided, that any incr…

Anything in this division to the contrary notwithstanding, the employer cost for the granting of any service credit granted under the provisions of this division shall become the continuing liability of the employer for whom such service was rendered. History: (Acts 1975, No. 110…

There is hereby appropriated annually from the funds from which salaries are paid the amounts sufficient to carry out the provisions of this division. In the case of those departments, supported wholly by transfers from other state funds, there is hereby appropriated from the sup…

(a) Whenever used in this section, all words and phrases defined in Section 36-27-1 shall have the same meanings ascribed to them in such section, unless the context clearly indicates that a different meaning is intended. (b) Any active and contributing member of the Employees’ R…

(a) Any active and contributing member of the Employees’ Retirement System who is an employee of an employer participating in the system pursuant to Section 36-27-6, and whose current position was once excluded by the employer from participating in the system, may receive credit …

(a) Any active and contributing member of any one of the State of Alabama retirement systems who has been such a member for 10 consecutive years and has not previously purchased credit for military service with any one of the State of Alabama retirement systems may hereby claim a…

(a) Any active and contributing member of any one of the State of Alabama retirement systems who has been such a member for six consecutive years or more or any former such member who has vested retirement benefits may hereby claim and purchase credit in his or her respective ret…

Before October 1, 1988. (a) Whenever used in this section, all words and phrases defined in Section 36-27-1 shall have the same meanings ascribed to them in such section, unless the context clearly indicates that a different meaning is intended. (b) Any active and contributing me…

(a) Whenever used in this section, all words and phrases defined in Section 36-27-1 and Section 16-25-1 and Title 12, Chapter 18, shall have the same meanings ascribed to them in such sections and chapter, unless the context clearly indicates that a different meaning is intended.…

(a) Any person who has been regularly appointed to the state Board of Pardons and Paroles or a former member of said board, or Director of Physical Fitness Department shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assu…

(a) Any person who is employed full-time by a regional or local legislative delegation office shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a “member” of the s…

Purchase of Prior Service. (a) Notwithstanding any provision of this title to the contrary, any state employee who has worked during at least five regular sessions of the Legislature since 1971 or any employee who has worked during five consecutive regular sessions of the Legisla…

(a)(1) Any person who, as of October 1, 1996, is an officer or a regular employee of an employer eligible to participate in the Employees’ Retirement System under Section 36-27-6, and is covered or eligible to be covered under the state Employees’ Retirement System and who has pr…