Title 36

Commencing October 1, 2002, 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 36-27-180 and 36-27-182, and shall notify the chief fiscal officer of each employer of the per centum rates of …

(a) Commencing October 1, 2002, 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, 2002, beneficiaries of Employees’ Retirement System pensioners shall receive an increase of three percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the date of death for the deceased pensioner, or the effecti…

Commencing October 1, 2002, any pensioner or annuitant who retired prior to October 1, 2001, 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…

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 …

(a) Commencing October 1, 2005, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement Sys…

(a) Commencing October 1, 2005, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2004, and wh…

Commencing October 1, 2005, 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 36-27-190 and 36-27-192, and shall notify the chief fiscal officer of each employer of the per centum rates of …

(a) Commencing October 1, 2005, 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, 2005, any pensioner or annuitant who retired prior to October 1, 2004, 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 August 4, 2005, that the cost-of-living increase provided for in Section …

Commencing October 1, 2005, 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, 2004, for purposes of receiving benefits from the Employees’ Retirem…

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 to retirees and beneficiaries by this article shall not be entitled to receive the aforementioned increase. Any person…

(a) Commencing October 1, 2006, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement Sys…

(a) Commencing October 1, 2006, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2005, and wh…

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…

It is the intent of the Legislature to make available to the public employees and officials of the State of Alabama, or any political subdivision thereof, a public employees’ individual retirement account plan and/or any other tax avoidance or deferral plan permitted by federal l…

There is hereby created a fund or funds which shall be known collectively as the Public Employees’ Individual Retirement Account Fund (PEIRAF). The PEIRAF shall be administered by the Secretary-Treasurer of the Employees’ Retirement System under the supervision and direction of a…

The board of control is hereby empowered and authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this chapter, and to define terms, words and/or phrases incident thereto, provided such rules shall conform to the requirements of t…

All investments shall be made pursuant to the same authority and restrictions that govern the investment of funds of the retirement systems of Alabama. (Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §4; Acts 1991, No. 91-664, §1.)

The PEIRAF shall be available to all public employees in the State of Alabama who are members of the Teachers’ Retirement System, the Employees’ Retirement System or the Judicial Retirement Fund. In addition, any employee of an employer eligible to participate in the Employees’ R…

Contributions to the PEIRAF may be deducted from each participating employee’s compensation or retirement allowance and transmitted to the PEIRAF in accordance with any limitations imposed by federal tax law for any tax deferred savings plan offered pursuant to the provisions of …

The administrative cost for the operation of the PEIRAF shall be provided from the expenses funds of the Employees’ Retirement System and the Teachers’ Retirement System. No additional state funds shall be used to administer the provisions of this chapter. (Acts 1982, 2nd Ex. Ses…

There shall be created the Preretirement Death Benefit Program effective October 1, 1985, which shall be effective as of that date to all employees covered under the Teachers’ Retirement System of Alabama and the Employees’ Retirement System of Alabama. Beginning November 8, 2016…

A separate fund to be known as the Preretirement Death Benefit Fund is hereby established within the Employees’ Retirement System of Alabama and the Teachers’ Retirement System of Alabama to be held in trust by the respective Boards of Control. Such fund shall consist of all mone…

Upon receipt of proof satisfactory to the respective Board of Control, of the death of a contributing member, in-service, who had completed at least one year of contributing membership service; or of the death of a contributing member as a result of an injury arising out of and i…

The Boards of Control are authorized to take such action as may be necessary to provide the death benefit under this section in the form of group life insurance upon determination that to do so would guarantee a more favorable tax treatment to the beneficiaries to whom such benef…

Should the actuaries employed by the respective Boards of Control certify a decrease in the rate of employer contributions as set forth in subdivisions (3) and (5) of Section 16-25-21 and subsections (d) and (f) of Section 36-27-24, the Boards of Control may by joint resolution d…

It is the intent of the Legislature to make available to participants a defined contribution plan as described in Section 401 of the Internal Revenue Code, so as to enable the participants to conveniently and economically receive the fullest benefits offered by federal tax law as…

As used in this chapter, the following terms have the following meanings: (1) BOARD. The Board of Control of the Public Employees Defined Contribution Savings Fund. (2) ELIGIBLE EMPLOYER. An employer or other entity who compensates a participant for the public service. (3) FUND. …

The Public Employees’ Defined Contribution Savings Fund is created. The fund shall be administered by a board of control of seven individuals appointed by the Alabama State Employees’ Association. (Act 2001-704, p. 1562, §1.)

(a) At its first meeting, the board shall elect one of its members as chair. (b) The board may adopt regulations necessary to implement this chapter. Regulations adopted are exempt from the Alabama Administrative Procedure Act. (c) The board may contract with one or more entities…

To the extent not in conflict with the Internal Revenue Code, all investments shall be subject to any limitations established and adopted by the board. (Act 2001-704, p. 1562, §1.)

(a) Participation in this fund shall be voluntary under regulations adopted by the board and in accordance with the Internal Revenue Code. (b) Any person who becomes ineligible for participation in the fund due to the termination of his or her employment with an eligible employer…

(a)(1) By September 1 of each year, the board, based on the funds appropriated by the Legislature for employer contributions to defined contribution savings plans for the ensuing fiscal year and the number of participants, shall determine the maximum amount of employer match cont…

The administrative cost for the operation of the fund shall be provided through investment earnings or contributions to the fund. No additional state funds may be used to administer this chapter. (Act 2001-704, p. 1562, §1.)

Nothing in this chapter shall limit or otherwise lessen the State of Alabama’s, current or future, obligation to fund the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund. The provisions of this chapter, in whole or in part, may not b…

(a) An individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, the Judicial Retirement Fund, or any other retirement plan administered by the Retirement Systems of Alabama who has an accrued benefit shall forfeit retire…