2006 Alabama Code - Chapter 27 — STATE EMPLOYEES\' RETIREMENT SYSTEM.

Article 1 General Provisions.

• Section 36-27-1 — Definitions.
• Section 36-27-2 — Creation; designation; purpose, powers, privileges, management, etc., thereof generally; powers, duties, etc., of Board of Control; immunity of state officers, etc.
• Section 36-27-3 — Corporate powers generally.
• Section 36-27-4 — Membership — Generally; denial of membership; absence from service; military service.
• Section 36-27-4.1 — Membership — Purchase of service credit by member prohibited from participating because of age.
• Section 36-27-5 — Membership — Members of Board of Pardons and Paroles; Director of Physical Fitness Department.
• Section 36-27-5.1 — Participation of employees of regional or local legislative delegation office.
• Section 36-27-6 — Participation of employees of counties, cities, towns, public or quasi-public organizations, etc. - Generally.
• Section 36-27-6.1 — Participation of employees of counties, towns, public or quasi-public organizations, etc. - Purchase of service credit.
• Section 36-27-6.2 — Participation of employees of counties, towns, public or quasi-public organizations, etc. - Purchase of credit for service in position previously excluded.
• Section 36-27-7 — Participation of employees of counties, cities, towns, public or quasi-public organizations, etc. - Employees of Cooperative Extension Service of Auburn University under federal appointment.
• Section 36-27-7.1 — Participation of employees of counties, cities, towns, public or quasi-public organizations, etc. - Certain retired employees of Cooperative Extension Service of Auburn University.
• Section 36-27-7.2 — Reopening of Employees' Retirement System for purchase of prior service credit by active and contributing member of Cooperative Extension Service of Auburn University.
• Section 36-27-8 — Continuation, etc., of participation in system by employee covered or retired under system who becomes director or employee of department; payment of matching contribution by department.
• Section 36-27-8.1 — Optional retirement for previously retired state employees.
• Section 36-27-8.2 — Retirees who return to service; retirees elected to public office.
• Section 36-27-9 — Payment of member's and employer's contributions for county engineers by State Department of Transportation.
• Section 36-27-10 — Procedure for receipt of full credits for prior service and membership service in county by county engineers; procedure as to future service; administration of provisions.
• Section 36-27-11 — Determination of prior creditable service; computation of creditable service at retirement; procedure for restoration of creditable service to certain persons; payment of makeup contributions by certain persons.
• Section 36-27-12 — Transfer of service credits, etc., from Teachers' Retirement System of Alabama.
• Section 36-27-12.1 — Transfer of service credits, etc., from Judicial Retirement Fund.
• Section 36-27-13 — Granting of credit for years served as member of Legislature; maximum credit; payment of employee's contribution; applicability of provisions of section.
• Section 36-27-14 — Granting of credit for service as officer or subordinate officer of Legislature; maximum credit; payment of employee's contribution; applicability of provisions of section.
• Section 36-27-15 — Granting of credit for service as elected official of state or department head; maximum credit; payment of employee's contribution; applicability of provisions of section.
• Section 36-27-15.1 — Granting of credit for service with National Youth Administration; payment of employee's contribution.
• Section 36-27-15.2 — Granting of credit for out-of-state service, service as support employee or teachers' aide, Teachers' Corps service, and Job Corps service.
• Section 36-27-16 — Retirement, etc., of employees; retirement allowances.
• Section 36-27-16.1 — Cancellation of survivor allowance.
• Section 36-27-16.2 — Nomination of recipient of surviving spouse benefits prior to date of retirement.
• Section 36-27-16.3 — Effective date of benefits; additional costs of benefits; employers agreeing to come under provisions.
• Section 36-27-17 — Redetermination of allowances due on or after October 1, 1975.
• Section 36-27-18 — Retirement with not less than 30 years' creditable service.
• Section 36-27-19 — Increase in maximum retirement allowance of certain state, etc., employees - 1969 10 percent increase.
• Section 36-27-20 — Increase in maximum retirement allowance of certain state, etc., employees - 1971 five percent increase.
• Section 36-27-21 — Increase in maximum retirement allowance of certain state, etc., employees - 1975 15 percent increase.
• Section 36-27-21.1 — Increase in maximum retirement allowance of certain state, etc., employees - 1978 cost-of-living increase and cost-of-living increases thereafter.
• Section 36-27-21.2 — Increase in maximum retirement allowance of certain state, etc., employees — 1980 cost-of-living increase.
• Section 36-27-21.3 — Cost-of-living increases; funding.
• Section 36-27-21.4 — Cost-of-living increase for persons whose date of retirement is prior to October 1, 1984; funding; eligibility where Medicaid eligibility would be impaired.
• Section 36-27-21.5 — Cost-of-living increase for persons who retired before October 1, 1984; retirees under Judicial Retirement Fund 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.
• Section 36-27-21.6 — Cost-of-living increases for retirees of public hospitals or related facilities formerly existing in county and not participating in retirement system.
• Section 36-27-21.7 — Cost-of-living increases to certain retirees whose retirement is based on employer participation under Section 36-27-6; amounts; election by employer; construction of section.
• Section 36-27-21.8 — Cost-of-living increases to retirees of quasi-public or private hospital which was previously public hospital.
• Section 36-27-21.9 — Cost-of-living increases to retirees of public hospital which has withdrawn from participation.
• Section 36-27-22 — Withholding of amounts from retirement pay of retired employee to pay premium on state group hospitalization or health insurance plan.
• Section 36-27-23 — Board of Control; medical board, actuary.
• Section 36-27-24 — Funds for assets of retirement system - Creation; composition; contributions to and disbursements from funds generally; appropriations.
• Section 36-27-25 — Funds for assets of retirement system - Management.
• Section 36-27-26 — Proposed legislation affecting system to be accompanied by actuarial estimate of cost.
• Section 36-27-27 — Making of false statement, etc., for purpose of defrauding retirement system; correction of errors in records and payments to beneficiaries or members.
• Section 36-27-28 — Exemption from taxation, attachment, etc., of pension, annuity, etc.
• Section 36-27-29 — Admissibility in evidence of photo-reproduced copies of records or documents maintained by system.
• Section 36-27-30 — Applicability of other provisions of law pertaining to pensions or retirement benefits for state employees to members of state Employees' Retirement System.
• Section 36-27-31 — Compliance with qualifications standards.

Article 2 Reopening of System for Certain Employees.

• Section 36-27-40 — Definitions.
• Section 36-27-41 — Employees for whom system reopened; payment of contributions.
• Section 36-27-42 — Credit for prior service — Generally.
• Section 36-27-43 — Credit for prior service — School bus driver, mechanic or maintenance worker.
• Section 36-27-44 — Interest on contributions.
• Section 36-27-45 — Redetermination of allowance payments due on or after October 1, 1975.
• Section 36-27-46 — Employer cost continuing liability.
• Section 36-27-47 — Appropriations.
• Section 36-27-48 — Purchase of prior service credits by certain active members; termination date.
• Section 36-27-48.1 — Credit in system for period of service for which position excluded.
• Section 36-27-49 — Purchase of credit for active military service; limitations; termination date.
• Section 36-27-49.1 — Credit for military service; option must be exercised and paid before October 1, 1986.
• Section 36-27-49.2 — Claiming and purchasing credit for retirement system service and military service; option must be exercised and paid before October 1, 1988.
• Section 36-27-49.3 — Purchase of credit for up to four years of active full-time military service; limitations.
• Section 36-27-50 — Temporary legislative employees covered by retirement system and health insurance plan; limitations; procedure; purchase of prior service.
• Section 36-27-51 — Credit to officer or employee for prior service with another eligible employer.
• Section 36-27-51.1 — Purchase of credit for prior service by member of city retirement system.
• Section 36-27-52 — Coverage for official court reporters.
• Section 36-27-53 — Election by certain active members who had employment with Legislature prior to 1979.
• Section 36-27-53.1 — Election by certain active members who had employment with Legislature prior to 1979 — Purchase pursuant to Title 29.
• Section 36-27-54 — Purchase of credit by certain employees of Alabama State Docks Terminal Railway; waiver of federal railroad retirement benefits; termination date.
• Section 36-27-54.1 — Purchase of credit for prior service with Alabama State Docks.
• Section 36-27-55 — Purchase of prior service credit by certain members with prior service in Office of Agriculture Economics at Auburn University; cost; termination date.
• Section 36-27-55.1 — Purchase of credit for prior service with Alabama State Council on the Arts.
• Section 36-27-55.2 — Purchase of credit for prior service with State Economic Opportunity Office.
• Section 36-27-55.3 — Purchase of credit for prior service as a welcome center employee.
• Section 36-27-55.4 — Purchase of credit for prior service with International Motorsports Hall of Fame.
• Section 36-27-55.5 — Purchase of credit for prior service with Dauphin Island Park and Beach Board of Mobile County, Inc.
• Section 36-27-55.6 — Participation of directors and employees of Alabama State Council on the Arts.
• Section 36-27-56 — Granting of credit for service as county solicitor — Sum to be paid into retirement system to purchase credit for service.
• Section 36-27-56.1 — Purchase of credit for prior service as county solicitor.
• Section 36-27-57 — Purchase of credit for prior service with district attorney.
• Section 36-27-57.1 — Purchase of credit for prior service rendered in program financed by federal grant in office of local district attorney.
• Section 36-27-57.2 — Purchase of credit for prior service rendered in office of local district attorney or as court reporter, or both.
• Section 36-27-57.3 — Reopening of Employees' Retirement System to allow purchase of credit for prior service in office of local district attorney.
• Section 36-27-58 — Purchase of credit for time on maternity leave.
• Section 36-27-59 — Award of hazardous duty time; purchase of credit under Employees' or Teachers' Retirement System.
• Section 36-27-70 — Who is eligible for additional credit.
• Section 36-27-71 — Conditions precedent to receipt of credit.
• Section 36-27-72 — Disqualification of credit.
• Section 36-27-73 — Deduction for administrative costs.

Article 3 Cost-of-Living Increases — Date Prior to October 1, 1987.

• Section 36-27-80 — Amount of increase - Persons other than persons whose employer participated in Employees' Retirement System.
• Section 36-27-81 — Amount of increase - Persons whose employer elects to come under provisions.
• Section 36-27-82 — Amount of increase - Persons whose employer participated in Employees' Retirement System.
• Section 36-27-83 — Survivor allowance adjustments.
• Section 36-27-84 — Board of Control's and employer's duties and responsibilities; employers may elect to come under provisions.
• Section 36-27-85 — Effect of Medicaid benefits.
• Section 36-27-86 — Provisions supplemental to other laws regulating payment of retirement benefits.
• Section 36-27-87 — Amount of increase - Persons other than those whose employer participated under Sections 36-27-6, 36-27-7 or 36-27-7.1.
• Section 36-27-88 — Amount of increase - Persons whose retirement is based on 51 or more percent service to employer participating under Section 36-27-6.
• Section 36-27-89 — Amount of increase - Persons whose employer participated under Sections 36-27-7 or 36-27-7.1.
• Section 36-27-90 — Survivor allowance adjustments.
• Section 36-27-91 — Payment by employer to be determined by Board of Control; election by employer participating under Section 36-27-6.
• Section 36-27-92 — Effect of Medicaid benefits.
• Section 36-27-93 — Construction of provisions.

Article 3A Cost-of-Living Increases — Date prior to October 1, 1992.

• Section 36-27-94 — Amount of increase - Persons other than persons whose employer participated in Employees' Retirement System; certain beneficiaries.
• Section 36-27-95 — Amount of increase - Persons whose employer elects to come under provisions.
• Section 36-27-96 — Amount of increase — Persons whose employer participated in Employees' Retirement System.
• Section 36-27-97 — Board of Control's and employer's duties and responsibilities; board may notify employers withdrawn from participation of cost-of-living increases.
• Section 36-27-98 — Certain pensioners and annuitants, retired from local units before units became members and receiving benefits, may receive increase; certain local units may provide increase.
• Section 36-27-98.1 — Effect of Medicaid benefits.
• Section 36-27-98.2 — Construction of provisions.

Article 4 Additional Contributions of Part Time Legislative Employees. Employees.

• Section 36-27-100 — Definitions.
• Section 36-27-101 — Eligibility; amount of payment and credit.
• Section 36-27-102 — Restrictions on the purchase of additional retirement time; time for payment.
• Section 36-27-103 — Additional payment and credit.

Article 5 Cost-of-Living Increases — Date Prior to October 1, 1994.

• Section 36-27-120 — Amount of increase - Persons other than persons whose employer participated in Employees' Retirement System.
• Section 36-27-121 — Amount of increase - Persons whose employer elects to come under provisions.
• Section 36-27-122 — Amount of increase — Persons whose employer participated in Employees' Retirement System.
• Section 36-27-123 — Board of Control's and employer's duties and responsibilities.
• Section 36-27-124 — Notification of employers who have withdrawn from participation.
• Section 36-27-125 — Pensioners who retired prior to membership of employer in system.
• Section 36-27-126 — Election by local administrative unit.
• Section 36-27-127 — Persons receiving Medicaid.
• Section 36-27-128 — Construction of provisions.

Article 6 Cost of Living Increase for Retirement Date Prior to October 1, 1996.

• Section 36-27-130 — Amount of increase - Persons other than persons whose employer participated in Employees' Retirement System.
• Section 36-27-131 — Amount of increase - Persons whose employer elects to come under provisions.
• Section 36-27-132 — Amount of increase - Persons whose employer participated in Employees' Retirement System.
• Section 36-27-133 — Funding of benefits.
• Section 36-27-134 — Notification of employers who have withdrawn from participation.
• Section 36-27-135 — Pensioners who retired prior to membership of employer in system.
• Section 36-27-136 — Beneficiaries of pensioners formerly participating in retirement program of Class 1 municipality.
• Section 36-27-137 — Election by local administrative unit.
• Section 36-27-138 — Persons receiving Medicaid benefits.
• Section 36-27-139 — Pensioners who retired prior to membership of employer and receiving benefits not administered by system.

Article 7 Cost of Living Increase for Retirement Date Prior to October 1, 1998

• Section 36-27-140 — Amount of increase - Persons other than persons whose employer participated in Employees' Retirement System.
• Section 36-27-141 — Amount of increase - Persons whose employer elects to come under provisions.
• Section 36-27-142 — Amount of increase - Persons whose employer participated in the Employees' Retirement System.
• Section 36-27-143 — Duties and responsibilities of board and employer.
• Section 36-27-144 — Notification of employers who have withdrawn from participation.
• Section 36-27-145 — Pensioners who retired prior to membership of employer in system.
• Section 36-27-146 — Beneficiaries of pensioners formerly participating in retirement program of Class 1 municipalities.
• Section 36-27-147 — Pensioners who retired prior to membership of employer and receiving benefits not administered by system.
• Section 36-27-148 — Election by local administrative unit.
• Section 36-27-149 — Persons receiving Medicaid benefits.

Article 8 Cost-of-Living Increase for Retirement Date Prior to October 1, 2000.

• Section 36-27-150 — Amount of increase - Persons other than those whose employers participated in Employees' Retirement System.
• Section 36-27-151 — Amount of increase - Persons whose employer elects to come under provisions.
• Section 36-27-152 — Amount of increase - Persons whose employer participated in Employees' Retirement System.
• Section 36-27-153 — Duties of board and employer.
• Section 36-27-154 — Notification of employers who have withdrawn from participation.
• Section 36-27-155 — Pensioners who retired prior to membership of employer in system.
• Section 36-27-156 — Beneficiaries of pensioners formerly participating in retirement program of Class 1 municipalities.
• Section 36-27-157 — Pensioners who retired prior to membership of employer and receiving benefits not administered by system.
• Section 36-27-158 — Eligibility of retirees; notification of increase.
• Section 36-27-159 — Election by local administrative unit.
• Section 36-27-160 — Persons receiving Medicaid benefits.
• Section 36-27-161 — Article supplemental; repeal of conflicting laws.

Article 9 Deferred Retirement Option Plan for other Public Employees.

• Section 36-27-170 — Participation in plan.
• Section 36-27-171 — Withdrawal from service; death of participant.
• Section 36-27-172 — Relation to federal law.
• Section 36-27-173 — Relation to Section 36-27-6.
• Section 36-27-174 — Incentives for participation in plan.
• Section 36-27-175 — Restoration to active service.

Article 10 Cost-of-Living Increase for Retirement Date Prior to October 1, 2001.

• Section 36-27-180 — Amount of increase - Persons other than those whose employers participated in Employees' Retirement System.
• Section 36-27-181 — Amount of increase - Persons whose employers elects to come under provisions.
• Section 36-27-182 — Amount of increase - Persons whose employers participated in Employees' Retirement System.
• Section 36-27-183 — Duties of board and employer.
• Section 36-27-184 — Pensioners who retired prior to membership of employer in system.
• Section 36-27-185 — Beneficiaries of pensioners.
• Section 36-27-186 — Pensioners who retired prior to membership of employer and receiving benefits not administered by system.
• Section 36-27-187 — Persons receiving Medicaid benefits.

Article 11 Cost-of-living Increases for Retirement Date Prior to October 1, 2004.

• Section 36-27-190 — Amount of increase - Persons other than persons whose employer participated in Employees' Retirement System.
• Section 36-27-191 — Amount of increase - Persons whose employer elects to come under provisions.
• Section 36-27-192 — Amount of increase - Persons whose employer participated in Employees' Retirement System.
• Section 36-27-193 — Duties of board and employer.
• Section 36-27-194 — Pensioners who retired prior to membership of employer in system; beneficiaries.
• Section 36-27-195 — Pensioners who retired prior to membership of employer and receiving benefits not administered by system.
• Section 36-27-196 — Notification of employers who have withdrawn from participation.
• Section 36-27-197 — Members and beneficiaries of Employees' Retirement System.
• Section 36-27-198 — Persons receiving Medicaid benefits