(a) Trust Assets May Not Be Diverted. The assets of the trust shall be held for the exclusive benefit of the participants and their beneficiaries. It shall not be possible for any part of the corpus or income of the trust or any funds contributed thereto to be used for, or diverted to, purposes other than the exclusive benefit of such participants or their beneficiaries, whether by operation or natural termination of the trust, by power of revocation or amendment, by the happening of a contingency, by collateral arrangement, or by other means. No benefits payable as set forth in the plan shall be assignable or be subject to execution, levy, attachment, garnishment, or other legal process. Accordingly, the plan shall not recognize any domestic relations order attempting to provide a participant's benefits, or any portion thereof, to an alternate payee.
(b) Vesting. The retirement benefit earned by a participant shall be fully vested no later than the date he or she becomes eligible for a normal service retirement benefit. Benefits of affected participants also shall become vested, to the extent funded, upon the termination or partial termination of the trust or the complete discontinuance of contributions to the trust.
(c) Forfeitures May Not Increase Benefits. Forfeitures resulting from a termination of employment or a withdrawal of a participant's own contributions may not be used to increase benefits to remaining participants. This shall not preclude an increase in benefits by amendment to the benefit formula made possible by favorable investment results or for any other reason.
Structure Code of Alabama
Chapter 8A - Calhoun County Municipalities.
Division 3 - Police and Firefighters Retirement System.
Section 45-8A-22.100 - Applicability, the Trust and the Retirement Board.
Section 45-8A-22.101 - Retirement Board Membership; Secretary-Treasurer.
Section 45-8A-22.102 - Powers and Duties of the Retirement board..
Section 45-8A-22.103 - Trustee; Pensions and Benefits.
Section 45-8A-22.104 - Investment of the Trust for Revenue Purposes.
Section 45-8A-22.105 - Reports.
Section 45-8A-22.106 - List of Retired Police and Firefighters.
Section 45-8A-22.107 - Retirement Board's Attorney.
Section 45-8A-22.108 - Reasonable and Necessary Expenses.
Section 45-8A-22.109 - Contributions to the Trust.
Section 45-8A-22.110 - Participation.
Section 45-8A-22.111 - Participant Eligibility for Benefits.
Section 45-8A-22.112 - Credit for Military Service.
Section 45-8A-22.113 - Retirement Eligibility and Benefit.
Section 45-8A-22.114 - Normal Retirement Age.
Section 45-8A-22.115 - Compensation for Purposes of Benefit Calculations.
Section 45-8A-22.116 - Disability Benefits.
Section 45-8A-22.118 - Maximum Benefits; Limitations; Adjustments.
Section 45-8A-22.119 - Death Benefits.
Section 45-8A-22.120 - Optional Benefit Plans.
Section 45-8A-22.121 - Partial Lump Sum Option.
Section 45-8A-22.122 - Proof of Marriage and Parentage.
Section 45-8A-22.123 - Minimum Distribution Requirements.
Section 45-8A-22.124 - Eligible Rollover Distribution; Direct Rollover.
Section 45-8A-22.125 - Claims Procedure.
Section 45-8A-22.126 - Claims Review Procedure.
Section 45-8A-22.127 - Exclusive Use of Assets of the Trust; Vesting; Forfeitures.
Section 45-8A-22.128 - Actuary; Reports.
Section 45-8A-22.129 - Annual Audits.
Section 45-8A-22.130 - Insufficiency of Funds.
Section 45-8A-22.131 - Warrants for Payment of Money.
Section 45-8A-22.132 - Protection of the Trust; Exemptions.
Section 45-8A-22.133 - Construction.