Code of Alabama
Article 1 - General Provisions.
Section 36-27-6.5 - Employers Authorized to Provide Tier I Retirement Benefits to Tier Ii Plan Members.

THIS SECTION WAS AMENDED BY ACT 2022-348 IN THE 2022 REGULAR SESSION, EFFECTIVE APRIL 13, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Any employer participating in the Employees' Retirement System of Alabama pursuant to Section 36-27-6, by adoption of a resolution, may elect to provide to its Tier II plan members the same retirement benefits provided to Tier I plan members. Provided, however, the Employees' Retirement System Board of Control, based on a staff review of the historical compliance with ERS requirements as well as the financial stability of the local government entity, may elect to deny the election authorized in this section. The local entity may petition the Board of Control for a reconsideration of its action. The election shall be irrevocable and shall be effective at the beginning of the fiscal year following the date the resolution is received by the ERS.
(b) Any employer that has not increased the Tier I member contribution rates as provided in Act 2011-676 shall develop a plan to gradually increase the member contribution rates as provided in this section. The plan shall be submitted to the Employees' Retirement System before electing to provide Tier II plan members the same retirement benefits as Tier I plan members. Beginning in the month the election to provide Tier II plan members the same retirement benefits provided to Tier I plan members becomes effective, Tier II plan members shall contribute to the Employees' Retirement System seven and one-half percent of their earnable compensation and Tier II plan members who are firefighters, law enforcement officers, or correctional officers, as defined in Section 36-27-59(a), shall contribute to the Employees' Retirement System eight and one-half percent of their earnable compensation.
(c) Anything in this article to the contrary notwithstanding, in the application of the provisions of Sections 36-27-16 and 16-25-14 to a member whose creditable service includes periods of service to different Tier plans, the benefit rates of each respective Tier plan will be applicable to the creditable service earned while in each respective Tier plan. In all other respects, the pension under this subsection shall be determined on the basis of the member's Tier plan at the time of his or her withdrawal from service.

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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.