Title 36 — Title 36

The survivor allowance shall be adjusted as provided in Section 36-27-87(3) for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of such retiree. History: (Acts 1990, No. 90-522, p. 759, §4.)

(a) 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 36-27-87 and 36-27-89 and shall notify the chief fiscal officer of each employer the percentum rates of ear…

Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost- of-living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Med…

The provisions of this act are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System; however, those laws or parts of laws which are in direct …

Certain Beneficiaries. (a) Commencing October 1, 1993, 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 Em…

(a) Commencing October 1, 1993, 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, 1992, and wh…

Commencing October 1, 1993, 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, 1…

of Cost-of-Living Increases. (a) 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 36-27-94 and 36-27-96 of this article, and shall notify the chief fiscal offic…

Receive Increase; Certain Local Units May Provide Increase. (a) Any pensioner who retired from a city, town, county, or local board before the city, town, county, or local board became a member of the Employees’ Retirement System, and who is receiving a monthly benefit on May 13,…

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 increase. Any person who subsequently applies for benefits under …

The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in dir…

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. History: (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. History: (Acts 1982, 2n…

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…

Program. 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 res…

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. History: (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. History: (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. History: (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…

2026.] AMENDED BY ACT 2026-333, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) On and after May 15, 2012, any individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund who has…

This chapter shall be known and may be cited as the State Employee Retirees’ Trust Fund Funding Act of 2022. History: (Act 2022-349, §1.)

All personnel employed and vendors hired by contract with funds available to the trust fund and trustees under subdivision (b)(4) of Section 36-36-5, shall reflect the racial and ethnic diversity of the state. History: (Act 2022-349, §10.)

The Legislature finds that it is advisable for the state to create an irrevocable trust whereby the state may begin funding periodic bonus checks for Alabama retired state employees. Therefore, the State Employees’ Retirement System Board of Control shall create an irrevocable tr…

For the purposes of this chapter, the following terms have the following meanings: (1) BENEFICIARY. Any individual who receives a pension, annuity, retirement allowance, or other benefit provided by Chapter 27. (2) BOARD OF CONTROL. The Board of Control of the State Employees’ Re…

(a) There is created the State Employee Retirees’ Trust Fund evidenced by a written trust instrument, the terms and conditions of which shall be determined by the Board of Control creating the trust fund. (b) The trust shall be managed and controlled by its trustees. The trustees…

(a) A trustee may not be any of the following: (1) Personally liable for any liability, loss, or expense suffered by the trust fund, unless the liability, loss, or expense arises out of, or results from, conduct described in Section 36-1-12. (2) Responsible for the adequacy of th…

(a) The board of control, through the trustees, shall have all powers necessary for the management and control of the trust fund and to carry out and effectuate the purposes of this chapter including, but not limited to, the following: (1) To adopt, alter, and repeal rules for th…

Annual Financial Statements. (a)(1) The sources of funding to the trust fund may consist of all of the following: a. Investment income. b. Proceeds of any gifts, grants, or contributions. c. Revenue sources as directed by the Legislature. d. Revenue sources other than direct appr…

(a) It is the intent of the Legislature that the State Employees’ Retirement System invest the funds of the trust fund and the trustees operate the trust fund in compliance with the Internal Revenue Code in a manner that could allow the trust fund to maximize investment earnings …

Nothing in this chapter shall be construed to define or otherwise grant any right or privilege to periodic bonus checks or other pension benefits to any person other than those periodic bonus checks, rights, and privileges previously or already granted to employees and retired em…

When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) WAGES. All remuneration for employment, as defined in subdivision (2) of this section, including the cash value of all remuneration …

The state Comptroller shall make and publish such rules and regulations, not inconsistent with the provisions of this chapter, as he finds necessary or appropriate to the efficient administration of the functions with which he is charged under this chapter. History: (Acts 1950, 5…

In order to extend to employees of the state, its political subdivisions and of the instrumentalities of either and to the dependents and survivors of such employees the basic protection accorded to others by the Old-Age and Survivors’ Insurance System embodied in the Social Secu…

There shall be a State Office for Social Security under the supervision of the state Comptroller. All employees of such office shall be subject to the provisions of the state Merit System. History: (Acts 1950, 5th Ex. Sess., No. 48, p. 102, §2; Acts 1951, No. 107, p. 331, §§1, 2;…

Created Jointly with Other States. (a) Federal-state agreement. The state Comptroller, with the approval of the Governor, is hereby authorized to enter on behalf of the state into an agreement with the federal agency, consistent with the terms and provisions of this chapter, for …

Instrumentalities; Payment, Etc., of Contributions by Political Subdivisions or Instrumentalities and Employees Generally. (a) Each political subdivision of the state and each instrumentality of the state or of a political subdivision is hereby authorized to submit for approval b…

(a) Upon request of the State of Alabama or any political subdivision or instrumentality thereof, the state Comptroller for Social Security is hereby authorized to obtain Social Security coverage of services rendered by student employees whose positions fall within any coverage g…