Code of Alabama
Article 1 - General Provisions.
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 providing retirement allowances and other benefits under the provisions of this article for employees of the State of Alabama. The retirement system so created shall be established as of October 1, 1945. It shall have the power and privileges of a corporation and shall be known as the "Employees' Retirement System of Alabama," and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held in trust for the purpose for which received.
(b) Any provision of law to the contrary notwithstanding, the Boards of Control of the Teachers' Retirement System of Alabama and the Employees' Retirement System of Alabama shall have vested in them all powers necessary to fulfill their fiduciary duty as trustees to members of each respective system including the power to sue and be sued, complain and defend in their own names; provided, however, that as instrumentalities of the state funded by the state, the retirement systems, their officers, and employees shall be immune from suit to the same extent as the state, its agencies, officers, and employees.

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Structure Code of Alabama

Code of Alabama

Title 36 - Public Officers and Employees.

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 36-27-3.1 - Offset of Rate Increases.

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 36-27-6.3 - Purchase of Credit for Prior Service as Firefighter.

Section 36-27-6.4 - Purchase of Credit for Prior Service With the Oxford Emergency Medical Services, Inc.

Section 36-27-6.5 - Employers Authorized to Provide Tier I Retirement Benefits to Tier Ii Plan Members.

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 - Performance of Duties by Retired Persons; Service in Elected 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; Person...

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; Disposition of Funds; 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 Execution; Recovery Actions.

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.