Code of Alabama - Title 36: Public Officers and Employees - Chapter 27 - State Employees' Retirement System

• Article 1 General Provisions.
• Section 36-27-1 Definitions
  When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) RETIREMENT SYSTEM. The Employees'...
• 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
  (a) A retirement system is hereby established as a body corporate and placed under the management of the Board of Control for the purpose of...
• Section 36-27-3 Corporate powers generally
  (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...
• Section 36-27-3.1 Offset of rate increases
  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...
• Section 36-27-4 Membership - Generally; denial of membership; absence from service; military service
  (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...
• Section 36-27-4.1 Membership - Purchase of service credit by member prohibited from participating because of age
  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...
• Section 36-27-5 Membership - Members of Board of Pardons and Paroles; Director of Physical Fitness Department
  (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...
• Section 36-27-5.1 Participation of employees of regional or local legislative delegation office
  (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...
• Section 36-27-6 Participation of employees of counties, cities, towns, public or quasi-public organizations, etc. - Generally
  (a) The governing board of any county, city, town or public or quasi-public organization of the state or of any political subdivision thereof or the...
• Section 36-27-6.1 Participation of employees of counties, towns, public or quasi-public organizations, etc. - Purchase of service credit
  Any public official authorized by local constitutional amendment to participate in the Employees' Retirement System of Alabama and to purchase service credit in the retirement...
• 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
  (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...
• Section 36-27-6.3 Purchase of credit for prior service as firefighter
  Any active and contributing member of a city or municipal retirement system that participates in the Employees' Retirement System under Section 36-27-6 who rendered prior...
• Section 36-27-6.4 Purchase of credit for prior service with the Oxford Emergency Medical Services, Inc
  (a) Any active and contributing member of the Oxford Emergency Medical Services, Inc., that participates in the Employees' Retirement System under Section 36-27-6, may purchase...
• Section 36-27-6.5 Employers authorized to provide Tier I retirement benefits to Tier II plan members
  (a) Any employer participating in the Employees' Retirement System of Alabama pursuant to Section 36-27-6, may, by adoption of a resolution by May 8, 2021,...
• 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
  (a) Any law to the contrary notwithstanding, the governing board of Auburn University may, by resolution legally adopted, elect to have its employees, from whatever...
• 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
  (a) Any law to the contrary notwithstanding, any retired employee of the Cooperative Extension Service of Auburn University who has retired under federal civil service...
• 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
  (a) Pursuant to Section 36-27-7.1, an active and contributing member of the Employees' Retirement System may elect to purchase prior service credit for full time...
• 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
  (a) Any person who is an employee or retired employee of the State of Alabama and covered or retired under the provisions of the state...
• Section 36-27-8.1 Optional retirement for previously retired state employees
  (a) Any state employee who has retired under the state retirement system and is reemployed, upon his next retirement, in the event he has or...
• Section 36-27-8.2 Performance of duties by retired persons; service in elected public office
  (a) Any person who is retired under the Employees' Retirement System may perform duties in any capacity, including as an independent contractor, with any employer...
• Section 36-27-9 Payment of member's and employer's contributions for county engineers by State Department of Transportation
  Membership payments of county engineers eligible for participation as members of the Employees' Retirement System of Alabama under Section 36-27-4, to the extent of the...
• 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
  (a) Any county engineer participating in the Employees' Retirement System of Alabama under the provisions of Section 36-27-9 whose county is now covering its employees...
• 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
  (a) Under such rules and regulations as the Board of Control shall adopt, each member who was an employee prior to October 1, 1945, and...
• Section 36-27-12 Transfer of service credits, etc., from Teachers' Retirement System of Alabama
  (a) Any member of the Employees' Retirement System who, not more than one year prior to becoming a member of the employees' retirement system, was...
• Section 36-27-12.1 Transfer of service credits, etc., from Judicial Retirement Fund
  (a) Any member of the Employees' or Teachers' Retirement System, who, not more than one year prior to becoming a member of the Employees' or...
• 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
  (a) Any person who, as of September 20, 1971, is a regular employee of the State of Alabama and is covered or eligible to be...
• 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
  (a) Any person who, as of September 18, 1973, is a regular employee of the State of Alabama and is covered or eligible to be...
• 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
  (a) Any person who, as of September 5, 1973, is covered or is eligible to be covered under the Employees' Retirement System of Alabama and...
• Section 36-27-15.1 Granting of credit for service with National Youth Administration; payment of employee's contribution
  (a) Any person who served two or more years with the National Youth Administration, hereinafter referred to as N.Y.A., during the time period from December...
• 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
  (a)(1) Any member of the Teachers' Retirement System of Alabama or any member of the Employees' Retirement System of Alabama shall be eligible to receive...
• Section 36-27-16 Retirement, etc., of employees; retirement allowances
  (a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan member who withdraws from service upon or after attainment...
• Section 36-27-16.1 Cancellation of survivor allowance
  (a) Any member of the Teachers' Retirement System of Alabama or the Employees' Retirement System of Alabama who is retired and who has selected a...
• Section 36-27-16.2 Nomination of recipient of surviving spouse benefits prior to date of retirement
  (a) Any provision to the contrary, notwithstanding, any member of the Teachers' Retirement System of Alabama or the Employees' Retirement System of Alabama who shall...
• Section 36-27-16.3 Effective date of benefits; additional costs of benefits; employers agreeing to come under provisions
  The benefits provided by Sections 16-25-14(a), 16-25-14(g), 36-27-16(a), 36-27-16(c) and 36-27B-3, as amended by amendment of May 5, 1988, shall become effective to the Teachers'...
• Section 36-27-17 Redetermination of allowances due on or after October 1, 1975
  (a) All retirement allowance payments due on or after October 1, 1975, to members who retired prior to said date shall be redetermined as if...
• Section 36-27-18 Retirement with not less than 30 years' creditable service
  (a) In addition to any law or part of any law relating to service retirement under the Employees' Retirement System of Alabama, any member of...
• Section 36-27-19 Increase in maximum retirement allowance of certain state, etc., employees - 1969 10 percent increase
  (a) On or after October 1, 1969, there is hereby provided to any state employee who is receiving a retirement allowance from the Employees' Retirement...
• Section 36-27-20 Increase in maximum retirement allowance of certain state, etc., employees - 1971 five percent increase
  (a) On or after October 1, 1971, there is hereby provided to any state employee who retired prior to October 1, 1971, an increase in...
• Section 36-27-21 Increase in maximum retirement allowance of certain state, etc., employees - 1975 15 percent increase
  (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...
• 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
  (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...
• Section 36-27-21.2 Increase in maximum retirement allowance of certain state, etc., employees — 1980 cost-of-living increase
  (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'...
• Section 36-27-21.3 Cost-of-living increases; funding
  (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'...
• 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
  (a)(1) There is hereby provided, commencing October 1, l985, to each person, whose effective date of retirement for purposes of receiving benefits from the Teachers'...
• 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
  (a) There is hereby provided contingent upon the funding provisions of subsection (c) of this section, commencing October 1, 1985, to each person whose effective...
• 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
  (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...
• 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
  (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...
• Section 36-27-21.8 Cost-of-living increases to retirees of quasi-public or private hospital which was previously public hospital
  (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...
• Section 36-27-21.9 Cost-of-living increases to retirees of public hospital which has withdrawn from participation
  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...
• Section 36-27-22 Withholding of amounts from retirement pay of retired employee to pay premium on state group hospitalization or 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...
• Section 36-27-23 Board of Control; medical board, actuary
  (a) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this article are hereby...
• Section 36-27-24 Funds for assets of retirement system - Creation; composition; disposition of funds; appropriations
  (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...
• Section 36-27-25 Funds for assets of retirement system - Management
  (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 36-27-26 Proposed legislation affecting system to be accompanied by actuarial estimate of cost
  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.
• 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
  (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...
• Section 36-27-28 Exemption from execution; recovery actions
  (a) Except as provided in subsection (b), the right of a person to a pension, an annuity, a retirement allowance or to the return of...
• Section 36-27-29 Admissibility in evidence of photo-reproduced copies of records or documents maintained by system
  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...
• 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
  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...
• Section 36-27-31 Compliance with qualifications standards
  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...
• Article 2 Reopening of System for Certain Employees.
• Division 1 General Provisions.
• Section 36-27-40 Definitions
  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...
• Section 36-27-41 Employees for whom system reopened; payment of contributions
  (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...
• Section 36-27-42 Credit for prior service - Generally
  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...
• Section 36-27-43 Credit for prior service - School bus driver, mechanic or maintenance worker
  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'...
• Section 36-27-44 Interest on contributions
  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,...
• Section 36-27-45 Redetermination of allowance payments due on or after October 1, 1975
  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...
• Section 36-27-46 Employer cost continuing liability
  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...
• Section 36-27-47 Appropriations
  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...
• Section 36-27-48 Purchase of prior service credits by certain active members; termination date
  (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,...
• Section 36-27-48.1 Credit in system for period of service for which position excluded
  (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...
• Section 36-27-49 Purchase of credit for active military service; limitations; termination date
  (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...
• Section 36-27-49.1 Credit for military service; option must be exercised and paid before October 1, 1986
  (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...
• 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
  (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,...
• Section 36-27-49.3 Purchase of credit for up to four years of active full-time military service; limitations
  (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...
• Section 36-27-50 Temporary legislative employees covered by retirement system and health insurance plan; limitations; procedure; 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...
• Section 36-27-51 Credit to officer or employee for prior service with another eligible employer
  (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'...
• Section 36-27-51.1 Purchase of credit for prior service by member of city retirement system
  Any active and contributing member of a city retirement system that participates in the Employees' Retirement System under Section 36-27-6 who rendered prior service to...
• Section 36-27-52 Coverage for official court reporters
  (a) Any person serving as an official court reporter on August 13, 1987, shall have one year from such date to elect to be covered...
• Section 36-27-53 Election by certain active members who had employment with Legislature prior to 1979
  Any active and contributing member of the Employees' Retirement System who has vested retirement benefits may hereby claim and purchase credit in the Employees' Retirement...
• Section 36-27-53.1 Election by certain active members who had employment with Legislature prior to 1979 - Purchase pursuant to Title 29
  Any active and contributing member of the Employees' Retirement System, may hereby claim and purchase credit in the Employees' Retirement System for up to four...
• Section 36-27-54 Purchase of credit by certain employees of Alabama State Docks Terminal Railway; waiver of federal railroad retirement benefits; termination date
  (a) Any law to the contrary notwithstanding, any member of the Employees' Retirement System of Alabama who has 10 or more years of creditable service...
• Section 36-27-54.1 Purchase of credit for prior service with Alabama State Docks
  (a) Any active and contributing member of the Employees' Retirement System, who is employed by the Alabama State Docks on October 1, 1993, may purchase...
• 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
  (a) Any acting and contributing member of either the Teachers' or the Employees' Retirement System may elect to purchase prior service credit for any full...
• Section 36-27-55.1 Purchase of credit for prior service with Alabama State Council on the Arts
  (a) Any active and contributing member of the Employees' Retirement System may purchase credit in the Employees' Retirement System for prior service with the Alabama...
• Section 36-27-55.2 Purchase of credit for prior service with State Economic Opportunity Office
  (a)(1) Any member of the Employees' Retirement System of Alabama shall be eligible to receive up to 10 years of creditable service for service which...
• Section 36-27-55.3 Purchase of credit for prior service as a welcome center employee
  (a) An active and contributing member of the Employees' Retirement System, who is also a vested member of the system, may purchase service credit in...
• Section 36-27-55.4 Purchase of credit for prior service with International Motorsports Hall of Fame
  (a) An active and contributing member of the Employees' Retirement System who is currently employed with the International Motorsports Hall of Fame may purchase credit...
• Section 36-27-55.5 Purchase of credit for prior service with Dauphin Island Park and Beach Board of Mobile County, Inc
  (a) Any active and contributing member of the Employees' Retirement System may claim and purchase credit not to exceed 10 years in the system for...
• Section 36-27-55.6 Participation of directors and employees of Alabama State Council on the Arts
  Notwithstanding any provision of Section 41-9-43, or any other provisions of law to the contrary, the director and the employees of the Alabama State Council...
• Section 36-27-55.7 Purchase of credit for prior service with U. S. Department of Agriculture Farm Service Agency
  (a) Any active and contributing member of the Teachers' Retirement System or the Employees' Retirement System who has 10 years or more of credible service...
• Section 36-27-56 Granting of credit for service as county solicitor - Sum to be paid into retirement system to purchase credit for service
  (a) Any active and contributing member of any member unit of the State of Alabama retirement systems who has been such a member for at...
• Section 36-27-56.1 Purchase of credit for prior service as county solicitor
  (a) Any vested member of any component system or fund of the Employees' Retirement System may claim and purchase up to three years' credit in...
• Section 36-27-57 Purchase of credit for prior service with district attorney
  (a) Whenever words and phrases defined in Section 36-27-1 are used in this section, they shall have the same meanings ascribed to them in that...
• Section 36-27-57.1 Purchase of credit for prior service rendered in program financed by federal grant in office of local district attorney
  (a) An active and contributing member of the Employees' or Teachers' Retirement System who has been a member of the system for at least 10...
• Section 36-27-57.2 Purchase of credit for prior service rendered in office of local district attorney or as court reporter, or both
  (a) An active and contributing member of the Employees' Retirement System who has been a member of the system for at least 10 years, may...
• Section 36-27-57.3 Reopening of Employees' Retirement System to allow purchase of credit for prior service in office of local district attorney
  (a) An active and contributing member of the Employees' Retirement System may claim and purchase credit not to exceed two years in the retirement system...
• Section 36-27-58 Purchase of credit for time on maternity leave
  (a) Notwithstanding any other laws, an active and contributing member of the Employees' Retirement System may purchase service credit in the system not to exceed...
• Section 36-27-58.1 Purchase of credit for certain members away from work due to job-related injury
  (a) Notwithstanding any other laws, any active and contributing member of the Employees' Retirement System of Alabama may purchase up to two years of service...
• Section 36-27-59 Award of hazardous duty time; purchase of credit under Employees' or Teachers' Retirement System
  (a) When used in this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) CORRECTIONAL OFFICER. A full-time...
• Division 3 Reopening for Employees of Cities, Counties, or Political Subdivisions.
• Section 36-27-70 Who is eligible for additional credit
  Any active and contributing member of the Employees' Retirement System who was a regular employee of an agency eligible for participation in the Employees' Retirement...
• Section 36-27-71 Conditions precedent to receipt of credit
  (a) A member of the Employees' Retirement System of Alabama who becomes eligible under Section 36-27-70 on or after December 28, 2001, may receive credit...
• Section 36-27-72 Disqualification of credit
  Anything in this division to the contrary notwithstanding, a member of the Employees' Retirement System shall not receive credit for such service where at the...
• Section 36-27-73 Deduction for administrative costs
  The Employees' Retirement System may deduct in 12 equal installments from the retirement allowance payable to a retired member any additional contributions necessary to pay...
• 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
  There is hereby provided, commencing October 1, 1988, to each person except persons whose employer participated in the Employees' Retirement System pursuant to Sections 36-27-6,...
• Section 36-27-81 Amount of increase - Persons whose employer elects to come under provisions
  There is hereby provided to each person whose employer elects to come under the provisions of this article and whose retirement is based on 51...
• Section 36-27-82 Amount of increase - Persons whose employer participated in Employees' Retirement System
  There is hereby provided, commencing October 1, 1988, to each person whose employer participated in the Employees' Retirement System pursuant to Section 36-27-7 or section...
• Section 36-27-83 Survivor allowance adjustments
  The survivor allowance shall be adjusted as provided in Section 36-27-80(3) for those eligible retirees who have selected a monthly survivor allowance payable to a...
• Section 36-27-84 Board of Control's and employer's duties and responsibilities; employers may elect to come under provisions
  (a) Commencing with the fiscal year beginning October 1, 1988, the Board of Control of the Employees' Retirement System shall determine annually the amount required...
• Section 36-27-85 Effect of Medicaid benefits
  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...
• Section 36-27-86 Provisions supplemental to other laws regulating payment of retirement benefits
  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...
• 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
  There is hereby provided, commencing October 1, 1990, to each person except persons whose employer participated in the Employees' Retirement System pursuant to Sections 36-27-6,...
• 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
  There is hereby provided to each person whose employer elects to come under the provisions of this act and whose retirement is based on 51...
• Section 36-27-89 Amount of increase - Persons whose employer participated under Sections 36-27-7 or 36-27-7.1
  There is hereby provided, commencing October 1, 1990, to each person whose employer participated in the Employees' Retirement System pursuant to Sections 36-27-7 or 36-27-7.1,...
• Section 36-27-90 Survivor allowance adjustments
  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...
• Section 36-27-91 Payment by employer to be determined by Board of Control; election by employer participating under Section 36-27-6
  (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...
• Section 36-27-92 Effect of Medicaid benefits
  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...
• Section 36-27-93 Construction of provisions
  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...
• 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
  (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...
• Section 36-27-95 Amount of increase - Persons whose employer elects to come under provisions
  (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...
• Section 36-27-96 Amount of increase - Persons whose employer participated in Employees' Retirement System
  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...
• 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
  (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...
• 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
  (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...
• Section 36-27-98.1 Effect of Medicaid benefits
  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...
• Section 36-27-98.2 Construction of provisions
  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...
• Article 4 Additional Contributions of Part Time Legislative Employees. Employees.
• Section 36-27-100 Definitions
  For the purpose of this article only the following words and phrases shall have the following meanings: (1) LEGISLATURE. The House of Representatives, the state...
• Section 36-27-101 Eligibility; amount of payment and credit
  Each part time employee of the Legislature of Alabama who is eligible and has elected to participate in the State of Alabama Employees' Retirement System...
• Section 36-27-102 Restrictions on the purchase of additional retirement time; time for payment
  The election to purchase additional retirement time in Section 36-27-101 shall be restricted only to previous part time employment in the Legislature. The election to...
• Section 36-27-103 Additional payment and credit
  Any part time legislative employee who qualifies and chooses to pay into the State of Alabama Employees' Retirement System, beginning with the Regular Session of...
• 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
  (a) Commencing October 1, 1994, 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...
• Section 36-27-121 Amount of increase - Persons whose employer elects to come under provisions
  (a) Commencing October 1, 1994, each person whose employer participated in the Employees' Retirement System pursuant to Section 36-27-6, whose effective date of retirement for...
• Section 36-27-122 Amount of increase - Persons whose employer participated in Employees' Retirement System
  Commencing October 1, 1994, 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...
• Section 36-27-123 Board of Control's and employer's duties and responsibilities
  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...
• Section 36-27-124 Notification of employers who have withdrawn from participation
  The Board of Control of the Employees' Retirement System may notify any employer who participated in the Employees' Retirement System and has withdrawn from participation...
• Section 36-27-125 Pensioners who retired prior to membership of employer in system
  (a) Any pensioner or beneficiary who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county,...
• Section 36-27-126 Election by local administrative unit
  Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees'...
• Section 36-27-127 Persons receiving Medicaid
  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...
• Section 36-27-128 Construction of provisions
  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...
• 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
  Commencing October 1, 1996, 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...
• Section 36-27-131 Amount of increase - Persons whose employer elects to come under provisions
  Commencing October 1, 1996, each person whose employer participates in the Employees' Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes...
• Section 36-27-132 Amount of increase - Persons whose employer participated in Employees' Retirement System
  Commencing October 1, 1996, each person whose employer participates in the Employees' Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement...
• Section 36-27-133 Funding of benefits
  The cost-of-living increase granted to certain retired persons under the Employees' Retirement System by this article may be financed, if possible, from existing funds of...
• Section 36-27-134 Notification of employers who have withdrawn from participation
  The Board of Control of the Employees' Retirement System may notify any employer who participated in the Employees' Retirement System and has withdrawn from participation...
• Section 36-27-135 Pensioners who retired prior to membership of employer in system
  Commencing October 1, 1996, any pensioner who retired from a city, town, county, or public or quasi-public organization of the state before the city, town,...
• Section 36-27-136 Beneficiaries of pensioners formerly participating in retirement program of Class 1 municipality
  Commencing October 1, 1996, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by...
• Section 36-27-137 Election by local administrative unit
  Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees'...
• Section 36-27-138 Persons receiving Medicaid benefits
  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...
• Section 36-27-139 Pensioners who retired prior to membership of employer and receiving benefits not administered by system
  Commencing October 1, 1996, any pensioner or annuitant who retired from a city, town, county, or public or quasi-public organization of the state before the...
• 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
  (a) Commencing October 1, 1998, 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...
• Section 36-27-141 Amount of increase - Persons whose employer elects to come under provisions
  (a) Commencing October 1, 1998, each person whose employer participated in the Employees' Retirement System pursuant to Section 36-27-6, whose effective date of retirement for...
• Section 36-27-142 Amount of increase - Persons whose employer participated in the Employees' Retirement System
  Commencing October 1, 1998, 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...
• Section 36-27-143 Duties and responsibilities of board and employer
  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...
• Section 36-27-144 Notification of employers who have withdrawn from participation
  The Board of Control of the Employees' Retirement System may notify any employer who participated in the Employees' Retirement System and has withdrawn from participation...
• Section 36-27-145 Pensioners who retired prior to membership of employer in system
  (a) Commencing October 1, 1998, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the...
• Section 36-27-146 Beneficiaries of pensioners formerly participating in retirement program of Class 1 municipalities
  Commencing October 1, 1998, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by...
• Section 36-27-147 Pensioners who retired prior to membership of employer and receiving benefits not administered by system
  Commencing October 1, 1998, any pensioner or annuitant who retired prior to October 1, 1998, from a city, town, county, or public or quasi-public organization...
• Section 36-27-148 Election by local administrative unit
  Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees'...
• Section 36-27-149 Persons receiving Medicaid benefits
  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 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
  (a) Commencing October 1, 2000, 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...
• Section 36-27-151 Amount of increase - Persons whose employer elects to come under provisions
  (a) Commencing October 1, 2000, each person whose employer participated in the Employees' Retirement System pursuant to Section 36-27-6, whose effective date of retirement for...
• Section 36-27-152 Amount of increase - Persons whose employer participated in Employees' Retirement System
  Commencing October 1, 2000, 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...
• Section 36-27-153 Duties of board and employer
  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...
• Section 36-27-154 Notification of employers who have withdrawn from participation
  The Board of Control of the Employees' Retirement System may notify any employer who participated in the Employees' Retirement System and has withdrawn from participation...
• Section 36-27-155 Pensioners who retired prior to membership of employer in system
  (a) Commencing October 1, 2000, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the...
• Section 36-27-156 Beneficiaries of pensioners formerly participating in retirement program of Class 1 municipalities
  Commencing October 1, 2000, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by...
• Section 36-27-157 Pensioners who retired prior to membership of employer and receiving benefits not administered by system
  Commencing October 1, 2000, any pensioner or annuitant who retired prior to October 1, 2000, from a city, town, county, or public or quasi-public organization...
• Section 36-27-158 Eligibility of retirees; notification of increase
  (a) Any city-county-public agency employee eligible for retirement, who retires after July 1, 2000, and before October 1, 2000, shall be eligible to receive the...
• Section 36-27-159 Election by local administrative unit
  Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees'...
• Section 36-27-160 Persons receiving Medicaid benefits
  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...
• Section 36-27-161 Article supplemental; repeal of conflicting laws
  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...
• Article 9 Deferred Retirement Option Plan for other Public Employees.
• Section 36-27-170 Participation in plan
  (a) As governed by this subsection, there exists as a part of this retirement system, an optional account known as the Deferred Retirement Option Plan,...
• Section 36-27-171 Withdrawal from service; death of participant
  (a) On withdrawing from service pursuant to Section 36-27-16, a member who participated in DROP: (1) Who fulfilled his or her contractual obligation pursuant to...
• Section 36-27-172 Relation to federal law
  At no time shall any provision or implementation of such provision pertaining to DROP be contrary to the rules and regulations of the federal law...
• Section 36-27-173 Relation to Section 36-27-6
  This article shall not apply to any unit participating pursuant to Section 36-27-6, unless the governing body of such employer shall agree to come under...
• Section 36-27-174 Incentives for participation in plan
  Notwithstanding the foregoing provisions of this article or any other laws to the contrary, no employer whose employees are covered under the Employees' Retirement System...
• Section 36-27-175 Restoration to active service
  Any member of the Employees' Retirement System who has participated in DROP and withdraws from service under Section 36-27-171 is not eligible to be restored...
• 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
  (a) Commencing October 1, 2002, 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...
• Section 36-27-181 Amount of increase - Persons whose employers elects to come under provisions
  (a) Commencing October 1, 2002, each person whose employer participated in the Employees' Retirement System pursuant to Section 36-27-6, whose effective date of retirement for...
• Section 36-27-182 Amount of increase - Persons whose employers participated in Employees' Retirement System
  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...
• Section 36-27-183 Duties of board and employer
  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...
• Section 36-27-184 Pensioners who retired prior to membership of employer in system
  (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...
• Section 36-27-185 Beneficiaries of pensioners
  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...
• Section 36-27-186 Pensioners who retired prior to membership of employer and receiving benefits not administered by system
  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...
• Section 36-27-187 Persons receiving Medicaid benefits
  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 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
  (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...
• Section 36-27-191 Amount of increase - Persons whose employer elects to come under provisions
  (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...
• Section 36-27-192 Amount of increase - Persons whose employer participated in Employees' Retirement System
  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...
• Section 36-27-193 Duties of board and employer
  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...
• Section 36-27-194 Pensioners who retired prior to membership of employer in system; beneficiaries
  (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...
• Section 36-27-195 Pensioners who retired prior to membership of employer and receiving benefits not administered by 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...
• Section 36-27-196 Notification of employers who have withdrawn from participation
  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...
• Section 36-27-197 Members and beneficiaries of Employees' Retirement System
  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...
• Section 36-27-198 Persons receiving Medicaid benefits
  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...
• Article 12 Cost of Living Increase for Retirement Date Prior to October 1, 2005.
• Section 36-27-200 Amount of increase - Persons other than those whose employer participated in Employees' Retirement System
  (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...
• Section 36-27-201 Amount of increase - Persons whose employer elects to come under provisions
  (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...
• Section 36-27-202 Amount of increase - Persons whose employer participated in Employees' Retirement System
  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...
• Section 36-27-203 Duties of board and employer
  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...
• Section 36-27-204 Pensioners who retired prior to membership of employer in system; beneficiaries
  (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...
• Section 36-27-205 Pensioners who retired prior to membership of employer and receiving benefits not administered by 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...
• Section 36-27-206 Notification of employers who have withdrawn from participation
  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...
• Section 36-27-207 Persons receiving Medicaid benefits
  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...
• Section 36-27-208 Members and beneficiaries of Employees' Retirement System
  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...

Last modified: May 3, 2021