1 HB308 2 216794-2 3 By Representative Ingram 4 RFD: Ways and Means General Fund 5 First Read: 08-FEB-22 Page 0 1 ENGROSSED 2 3 4 A BILL 5 TO BE ENTITLED 6 AN ACT 7 8 To amend Sections 36-26-36.1, 36-27-16, as amended 9 by Act 2021-270, 2021 Regular Session, 36-27-24, and 36-27-59, 10 Code of Alabama 1975, relating to retirement benefits for 11 employees who are members of the Employees' Retirement System; 12 to modify the retirement benefits for Tier II plan members of 13 the system by providing 30-year service retirement, allowing 14 the conversion of sick leave into creditable service, and, for 15 firefighters, law enforcement officers, and correctional 16 officers, providing hazardous duty time; and to increase the 17 Tier II plan member contribution rate. 18 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 19 Section 1. Sections 36-26-36.1, 36-27-16, as amended 20 by Act 2021-270, 2021 Regular Session, 36-27-24, and 36-27-59 21 of the Code of Alabama 1975, are amended to read as follows: 22 "§36-26-36.1. 23 "(a) Any Tier I or Tier II plan member of the 24 Teachers' or Employees' Retirement System of Alabama not 25 otherwise covered by a provision to convert unused sick leave 26 into membership service for purposes of service retirement 27 may, at their option and in lieu of receiving payment for 50 Page 1 1 percent of their accrued and unused sick leave at the time of 2 their retirement as provided in Section 36-26-36, or any other 3 payment that may be provided for such unused sick leave, use 4 their accrued sick leave, up to a maximum number of 180 5 accrued sick leave days or as otherwise allowed by law, 6 whichever is greater, to be included as membership service in 7 determining the total years of creditable service in the 8 Employees' Retirement System of Alabama or the Teachers' 9 Retirement System of Alabama; provided that no employee of an 10 employer participating in the Employees' Retirement System 11 pursuant to Section 36-27-6 shall be entitled to the benefits 12 provided herein unless such employer shall elect to come under 13 the provisions of this section and further elects to fund the 14 benefits provided herein. Unused sick leave may be converted 15 to membership service only for the purpose of applying for 16 service retirement and may be considered in the determination 17 of eligibility for retirement. The conversion shall not apply 18 to eligibility for deferred retirement. It is further provided 19 that if a Tier I or Tier II plan member eligible for service 20 retirement is also eligible for disability retirement the 21 member may elect disability retirement and also receive credit 22 for accumulated sick leave pursuant to this section. No Tier I 23 or Tier II plan member shall receive both service credit 24 provided for by this section and payment or partial payment 25 for accrued sick leave pursuant to any other provision of law. Page 2 1 "(b) The conversion of accrued sick leave into 2 creditable service provided in this section shall not apply to 3 any Tier II plan member. 4 "§36-27-16. 5 "(a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY; 6 ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. 7 "a. Any Tier I plan member who withdraws from 8 service upon or after attainment of age 60 and any Tier II 9 plan member who withdraws from service upon or after 10 attainment of age 62 may retire upon written application to 11 the Board of Control setting forth at what time, not less than 12 30 days nor more than 90 days subsequent to the execution and 13 filing thereof, he or she desires to be retired; provided, 14 that any such member who became a member on or after October 15 1, 1963, shall have completed 10 or more years of creditable 16 service; provided further, that a Tier I plan member employed 17 as a state policeman shall be eligible to file application for 18 service retirement upon attaining age 52 and a Tier II plan 19 member employed as a state policeman or employed as a 20 correctional officer, firefighter, or law enforcement officer 21 as defined in Section 36-27-59 with at least ten 10 years of 22 creditable service as a correctional officer, firefighter, or 23 law enforcement officer shall be eligible to file application 24 for service retirement upon attaining age 56. 25 "b. Any Tier I plan member who has attained age 60, 26 or age 52 in the case of a state policeman and any Tier II 27 plan member who has attained age 62, or age 56 in the case of Page 3 1 a state policeman or in the case of a correctional officer, 2 firefighter, or law enforcement officer as defined in Section 3 36-27-59 who has at least ten 10 years of creditable service 4 as a correctional officer, firefighter, or law enforcement 5 officer, and has previously withdrawn from service may retire 6 upon written application to the Board of Control setting forth 7 at what time, not less than 30 days nor more than 90 days 8 subsequent to the execution and filing thereof, he or she 9 desires to be retired; provided, the member shall have at the 10 time of his or her withdrawal from service completed the age 11 and service requirements established by the Board of Control 12 for eligibility for deferred benefits; provided, that such 13 minimum number of years of creditable service shall not be 14 less than 10 years nor more than 25 years. 15 "c. In addition to any law or part of law relating 16 to service retirement under the Employees' Retirement System 17 of Alabama, any Tier I plan member of the Employees' 18 Retirement System who withdraws from service after completion 19 of not less than 25 years of creditable service, or any Tier 20 II plan member who withdraws from service after completion of 21 not less than 30 years of creditable service, may retire 22 without a reduction in retirement allowance upon written 23 application to the Board of Control of the Employees' 24 Retirement System setting forth the first day of which month, 25 not less than 30 days or more than 90 days subsequent to the 26 execution and filing thereof, he or she desires to be retired, 27 provided that no person whose employer participates in the Page 4 1 Employees' Retirement System under Section 36-27-6 shall be 2 entitled to the benefits provided in this paragraph for Tier I 3 members unless such employer elects to come under the 4 provisions of the paragraph. Any employer making such election 5 must bear the cost of such benefit. 6 "(2) AMOUNT OF SERVICE RETIREMENT ALLOWANCE. 7 "a. Upon retirement from service, a Tier I plan 8 member shall receive a service retirement allowance which 9 shall consist of: 10 "1. An annuity which shall be the actuarial 11 equivalent of his or her accumulated contributions at the time 12 of his or her retirement; except, that in the case of a state 13 policeman who has completed 20 years of creditable service as 14 a state policeman who retires after age 56 but prior to age 15 60, the annuity shall be equal to the annuity that would have 16 been payable upon service retirement at age 60 had the member 17 continued in service to age 60 without change in compensation; 18 "2. A pension which shall be equal to the annuity 19 allowance at age of retirement, but not to exceed an annuity 20 allowable at age 65, computed on the basis of contributions 21 made prior to attainment of age 65; except, that in the case 22 of a state policeman who has completed 20 years of creditable 23 service as a state policeman who retires after age 56 but 24 prior to age 60, the pension shall be equal to the annuity 25 that he or she would have received had he or she contributed 26 to age 60 without change in compensation; and Page 5 1 "3. An additional pension, if he or she has a prior 2 service certificate in full force and effect, which shall be 3 equal to the annuity which would have been provided at the age 4 of retirement, but which shall not exceed an annuity allowable 5 at age 65 by twice the contributions which he or she would 6 have made during the period of prior service with which he or 7 she is credited had the system been in operation and had he or 8 she contributed thereunder; except, that in case of a state 9 policeman who has completed 20 years of creditable service as 10 a state policeman who retired after age 56 but prior to age 11 60, an additional pension, if he or she has a prior service 12 certificate in full force and effect, which shall be equal to 13 the annuity which would have been provided at age 60, but 14 which shall not exceed an annuity allowable at age 60 by twice 15 the contributions which he or she would have made during the 16 period of prior service with which he or she is credited had 17 the system been in operation and had he or she contributed 18 thereunder. 19 "b. Notwithstanding the provisions of subparagraphs 20 1., 2., and 3. of paragraph a. of this subdivision, a state 21 policeman who is a Tier I plan member and who has completed 20 22 years of service as a state policeman who retires after age 52 23 but prior to age 56 shall receive: 24 "1. An annuity which shall be equal to the annuity 25 that would have been payable had the member continued in 26 service for four years without change in compensation; Page 6 1 "2. A pension which shall be equal to the annuity 2 that he or she would have received had he or she contributed 3 for four years without change in compensation; and 4 "3. An additional pension, if he or she has a prior 5 service certificate in full force and effect, which shall be 6 equal to the annuity which would have been provided at the age 7 of retirement, but which shall not exceed an annuity allowable 8 at the age of retirement plus four years by twice the 9 contributions which he or she would have made during the 10 period of prior service with which he or she is credited had 11 the system been in operation and had he or she contributed 12 thereunder. In lieu of a determination of the actual 13 compensation of a member that was received during such prior 14 service, the Board of Control may use for the purpose of this 15 article the compensation rate which, if it had progressed with 16 the rates of salary increase shown in the tables as prescribed 17 in subsection (n) of Section 36-27-23, would have resulted in 18 the same average salary of the member for the five years 19 immediately preceding the date of establishment as the records 20 show the member actually received. 21 "c. The annual service retirement pension payable to 22 a Tier I plan member not employed as a state policeman 23 retiring on or after October 1, 1975, shall not be less than 24 an amount which, when added to his or her annuity, is equal to 25 the greater of the following two amounts: Page 7 1 "1. Two and one-eightieth percent of the member's 2 average final compensation multiplied by the number of years 3 of his or her creditable service; or 4 "2. If he or she became a member before October 1, 5 1965, $72.00 seventy-two dollars ($72) multiplied by the 6 number of years of his or her creditable service not in excess 7 of 25 years. 8 "d. The annual service retirement pension payable to 9 a Tier I plan member employed as a state policeman retiring on 10 or after October 1, 1975, shall not be less than an amount 11 which, when added to his or her annuity is equal to the 12 greater of the following two amounts: 13 "1. Two and seven-eighths percent of the member's 14 average final compensation multiplied by the number of years 15 of his or her creditable service. Creditable service for any 16 state policeman under the age of 56 years who has completed 20 17 years of creditable service as a state policeman shall include 18 a bonus equal to four additional years. Creditable service for 19 a state policeman 56 years or older shall include a bonus 20 equal to the years or portion thereof remaining until the 21 member reaches age 60; or 22 "2. If he or she became a member before October 1, 23 1965, $86.40 eighty-six dollars forty cents ($86.40) 24 multiplied by the number of years of his or her creditable 25 service not in excess of 25 years; provided, however, that if 26 such member has completed 20 years of creditable service as a 27 state policeman and has not attained age 60 at the time of Page 8 1 retirement, the pension shall be determined as provided in 2 this subparagraph on the basis of the number of years of 3 creditable service which he or she would have had if he or she 4 had remained in service for four years, except that, in the 5 case of those state policemen retiring at age 56 or after, the 6 number of years in determining the pension shall not exceed 7 the number of years of creditable service which he or she 8 would have had if he or she had remained in service to age 60. 9 "e. Upon retirement from service, a Tier II plan 10 member who is not employed as a state policeman shall receive 11 a service retirement allowance which shall consist of an 12 annuity which shall be the actuarial equivalent of the 13 member's accumulated contributions at the time of retirement 14 and a pension which, when added to the member's annuity, shall 15 be equal to one and sixty-five hundredths percent (1.65%) of 16 the member's average final compensation multiplied by the 17 number of years of creditable service. Notwithstanding the 18 foregoing, the service retirement allowance shall not exceed 19 eighty percent (80%) of the member's average final 20 compensation. 21 "f. Upon retirement from service, a Tier II plan 22 member who is employed as a state policeman shall receive a 23 service retirement allowance which shall consist of an annuity 24 which shall be the actuarial equivalent of the member's 25 accumulated contributions at the time of retirement and a 26 pension which, when added to the member's annuity, shall be 27 equal to two and three-eighths percent (2.375%) of the Page 9 1 member's average final compensation multiplied by the member's 2 number of years of creditable service. Notwithstanding the 3 foregoing, the service retirement allowance shall not exceed 4 eighty percent (80%) of the member's average final 5 compensation. 6 "g. Anything in this article to the contrary 7 notwithstanding, in the application of the foregoing 8 provisions of this subdivision to a member whose creditable 9 service includes a period of service as a state policeman and 10 a period of service in another employment classification, the 11 benefit rates applicable to a member employed as a state 12 policeman shall apply to all creditable service as a state 13 policeman, and the benefit rates applicable to a member not 14 employed as a state policeman shall apply to all creditable 15 service, but in all other respects the pension under this 16 subdivision shall be determined on the basis of the member's 17 employment classification at the time of his or her withdrawal 18 from service. 19 "h. The annual service retirement pension payable to 20 any state employee who had attained age 60 on or before 21 October 1, 1945, who declined membership in the Employees' 22 Retirement System of Alabama in the manner prescribed in 23 Section 36-27-4 and who retires as a state employee after 24 completing a minimum of 15 years' service shall be $72.00 25 seventy-two dollars ($72) multiplied by the number of years of 26 his or her service not in excess of 25 years. Page 10 1 "(b)(1) RETIREMENT OF DISABLED EMPLOYEES; 2 ELIGIBILITY FOR DISABILITY RETIREMENT BENEFITS. 3 "a. Upon application of a Tier I plan member in 4 service or of his or her employer, any member who has had 10 5 or more years of creditable service who becomes disabled may 6 be retired on a disability retirement allowance by the Board 7 of Control not less than 30 nor more than 90 days next 8 following the date of filing of such application; provided, 9 that the medical board, after a medical examination of such 10 member, shall certify that such member is mentally or 11 physically incapacitated for the further performance of duty, 12 that such incapacity is likely to be permanent and that such 13 member should be retired. Upon the application of a Tier II 14 plan member in service or his or her employer, any member who 15 has had 10 or more years of creditable service may be retired 16 by the Board of Control on a disability retirement allowance 17 not less than 30 nor more than 90 days next following the date 18 of filing such application; provided, that the medical board, 19 after a medical examination of such member, shall certify that 20 the member is totally and permanently mentally or physically 21 incapacitated from regular and substantial gainful employment, 22 and that member should be retired. 23 "b. Without regard to the number of years of 24 creditable service, a member employed as a state policeman, a 25 municipal police officer or a deputy sheriff, or a member 26 employed as a state, municipal, or county firefighter who is 27 not covered through his or her current employer under the Page 11 1 United States Social Security Act, who as a result of his or 2 her employment, in the line of duty and not as a result of his 3 or her own misconduct, shall become permanently and totally 4 disabled to the extent that he or she cannot perform his or 5 her duties or duties of a less strenuous nature, as an 6 employee of the State of Alabama or as an employee of an 7 employer participating under the provisions of Section 8 36-27-6, shall be retired on a disability retirement 9 allowance, not less than 30 nor more than 90 days next 10 following the date of filing of such application, provided 11 that the medical board, after a medical examination of such 12 member shall certify that such member is mentally or 13 physically incapacitated for the further performance of duty, 14 that such incapacity is likely to be permanent, and that such 15 member should be retired. 16 "(2) AMOUNT OF DISABILITY RETIREMENT ALLOWANCE. 17 "a. Upon retirement for disability, a member shall 18 receive a service retirement allowance if he or she is a Tier 19 I plan member and he or she has attained age 60 or if he or 20 she is a Tier II plan member and he or she has attained age 21 62, or if any law or part of any law pertaining to retirement 22 under the Employees' Retirement System of Alabama provides for 23 service retirement after the completion of 25 years of 24 creditable service or 30 years of creditable service without a 25 reduction in the retirement allowance and the member has 26 completed 25 years of creditable service or 30 years of 27 creditable service, whichever is applicable, or, in the case Page 12 1 of a state policeman, if he or she is a Tier I plan member and 2 he or she has attained age 52 or, in the case of a state 3 policeman or a correctional officer, firefighter, or law 4 enforcement officer as defined in Section 36-27-59 with at 5 least ten 10 years of creditable service as a correctional 6 officer, firefighter, or law enforcement officer, if he or she 7 is a Tier II plan member and he or she has attained age 56; 8 otherwise, he or she shall receive a disability retirement 9 allowance which shall consist of: 10 "1. An annuity which shall be the actuarial 11 equivalent of his or her accumulated contributions at the time 12 of his or her retirement; 13 "2. A pension which shall be equal to the pension 14 that would have been payable under subparagraphs 2 and 3 of 15 paragraph a. of subdivision (2) of subsection (a) of this 16 section upon service retirement at age 65 had the member 17 continued in service to that age without change in 18 compensation. 19 "b. The annual disability retirement pension payable 20 to a Tier I plan member not employed as a state policeman 21 retiring on or after October 1, 1975, shall not be less than 22 an amount which when added to his or her annuity is equal to 23 the greatest of the following two amounts: 24 "1. Two and one-eightieth percent of the member's 25 average final compensation multiplied by the number of years 26 of creditable service. Page 13 1 "2. If he or she became a member before October 1, 2 1965, $54.00 fifty-four dollars ($54) multiplied by the number 3 of years of his or her creditable service not in excess of 25 4 years. 5 "c. The annual disability retirement pension payable 6 to a Tier I plan member employed as a state policeman retiring 7 on or after October 1, 1975, shall not be less than an amount 8 which when added to his or her annuity is equal to the greater 9 of the following two amounts: 10 "1. Two and seven-eighths percent of the member's 11 average final compensation multiplied by the number of years 12 of his or her creditable service. Creditable service for any 13 state policeman under the age of 56 years who has completed 20 14 years of creditable service as a state policeman shall include 15 a bonus equal to four additional years. Creditable service for 16 a state policeman 56 years or older shall include a bonus 17 equal to the years or portion thereof remaining until the 18 member reaches age 60; or 19 "2. If he or she became a member before October 1, 20 1965, $64.80 sixty-four dollars eighty cents ($64.80) 21 multiplied by the number of years of his or her creditable 22 service not in excess of 25 years. 23 "d. The annual disability retirement allowance 24 payable to a Tier II plan member not employed as a state 25 policeman shall be equal to one and sixty-five hundredths 26 percent (1.65%) of the member's average final compensation 27 multiplied by the number of years of creditable service. Page 14 1 "e. The annual disability retirement allowance 2 payable to a Tier II plan member employed as a state policeman 3 shall be equal to two and three-eighths percent (2.375%) of 4 the member's average final compensation multiplied by the 5 number of years of creditable service. 6 "f. Anything in this chapter to the contrary 7 notwithstanding in the application of the provisions of this 8 subdivision to a member whose creditable service includes a 9 period of service as a state policeman and a period of service 10 in another employment classification the benefit rates 11 applicable to a member employed as a state policeman shall 12 apply to all creditable service as a state policeman, and the 13 benefit rates applicable to a member not employed as a state 14 policeman shall apply to all other creditable service, but in 15 all other respects the pension under this subdivision shall be 16 determined on the basis of the member's employment 17 classification at the time of his or her withdrawal from 18 service. 19 "(3) REEXAMINATION OF BENEFICIARIES RETIRED ON 20 ACCOUNT OF DISABILITY. Once each year during the first five 21 years following the retirement of a member on a disability 22 retirement allowance and once every three-year period 23 thereafter, the Board of Control may, and upon his or her 24 application shall, require any disability beneficiary who has 25 not yet attained age 60 if the beneficiary is a Tier I plan 26 member or age 62 if the beneficiary is a Tier II plan member 27 to undergo a medical examination, such examination to be made Page 15 1 at the place of residence of such beneficiary or other place 2 mutually agreed upon by a physician or physicians of, or 3 designated by, the medical board. Should any disability 4 beneficiary who has not yet attained age 60, if the 5 beneficiary is a Tier I plan member or age 62 if the 6 beneficiary is a Tier II plan member, refuse to submit to such 7 medical examination, his or her allowance may be discontinued 8 until his or her withdrawal of such refusal, and, should his 9 or her refusal continue for one year, all his or her rights in 10 and to his or her pension may be revoked by the Board of 11 Control; provided, that these requirements relative to the 12 medical examination shall not apply in the case of a state 13 policeman retired for disability and who has attained age 52 14 if he or she is a Tier I plan member or in the case of a state 15 policeman or a correctional officer, firefighter, or law 16 enforcement officer as defined in Section 36-27-59 with at 17 least ten 10 years of creditable service as a correctional 18 officer, firefighter, or law enforcement officer retired for 19 disability who has attained age 56 if he or she is a Tier II 20 plan member. Should the medical board report and certify to 21 the Board of Control that a disability beneficiary who is a 22 Tier I plan member is engaged in or is able to engage in a 23 gainful occupation paying more than the difference between his 24 or her retirement allowance and his or her average final 25 compensation and should the Board of Control concur in such 26 report, then the amount of his or her pension shall be reduced 27 to an amount which, together with his or her annuity and the Page 16 1 amount earnable by him or her shall equal the amount of his or 2 her average final compensation. Should his or her earning 3 capacity be later changed, the amount of his or her pension 4 may be further modified; provided, that the new pension shall 5 not exceed the amount of the pension originally granted nor an 6 amount which, when added to the amount earnable by the 7 beneficiary, together with this annuity exceeds the amount of 8 his or her average final compensation. 9 "Should the medical board report and certify to the 10 Board of Control that a disability beneficiary who is a Tier 11 II plan member has the capacity to engage in regular and 12 substantial gainful employment, the Board of Control shall 13 discontinue the beneficiary's retirement allowance until the 14 beneficiary is otherwise eligible for service retirement. 15 "(c) Disposition of contributions and allowances 16 upon death, etc., of member. 17 "(1) Should a member cease to be an employee except 18 by death or by retirement under the provisions of this 19 article, the contributions standing to the credit of his or 20 her individual account in the Annuity Savings Fund shall be 21 paid to him or her upon demand and, in addition to such 22 payment, there shall be paid five-tenths of the interest 23 accumulations standing to the credit of his or her individual 24 account if he or she shall have not less than three but less 25 than 16 years of membership service, six-tenths of such 26 interest accumulations if he or she shall have not less than 27 16 but less than 21 years of membership service, seven-tenths Page 17 1 of such interest accumulations if he or she shall have not 2 less than 21 but less than 26 years of membership service and 3 eight-tenths of such interest accumulations if he or she shall 4 have not less than 26 years of membership service. 5 "(2) In case of the death of a member eligible for 6 service retirement pursuant to subsection (a) of this section, 7 an allowance shall be paid to the surviving spouse, or to such 8 other person who the member shall have designated, in an 9 amount that would have been payable if the member had retired 10 immediately prior to his or her death and had elected Option 11 3, as set forth in subsection (d) of this section or, 12 alternatively, if the surviving spouse or other designee 13 desires, he or she may choose to receive, in lieu of the 14 allowance provided under Option 3, the accumulated 15 contributions of the member plus an amount equal to the 16 accumulated contributions of the member not to exceed 17 $5,000.00 five thousand dollars ($5,000) or the accumulated 18 contributions of the member plus the benefit provided by 19 Section 36-27B-3 if a benefit is payable under such section; 20 "(3) In case of the death of a Tier I plan member 21 not eligible for service retirement, after completion of 25 22 years of creditable service, an allowance shall be paid to the 23 surviving spouse, or to such other person who the member shall 24 have designated, in an amount that would have been payable if 25 the member had retired for disability immediately prior to his 26 or her death and had elected Option 3 as set forth in 27 subsection (d) of this section or, alternatively, if the Page 18 1 surviving spouse or other designee desires, he or she may 2 choose to receive, in lieu of the allowance provided under 3 Option 3, the accumulated contributions of the member plus an 4 amount equal to the accumulated contributions of the member 5 not to exceed $5,000.00 five thousand dollars ($5,000) or the 6 accumulated contributions of the member plus the benefit 7 provided by Section 36-27B-3 if a benefit is payable under 8 such section. For purposes of this subsection only, hazardous 9 duty time, as set forth in subdivision (b)(1) of Section 10 36-27-59, may be used in calculating the requisite years of 11 service for firefighters, law enforcement officers, and 12 correctional officers even if the member has not otherwise 13 attained 25 years of creditable service; 14 "(4) Upon the death of a member on account of whom 15 no survivor allowance is payable under subdivisions (2) or (3) 16 of this subsection, the accumulated contributions of the 17 member plus an amount equal to the accumulated contributions 18 not to exceed $5,000 five thousand dollars ($5,000) or the 19 accumulated contributions of the member plus the benefit 20 provided by Section 36-27B-3 if a benefit is payable under 21 such section shall be paid to his or her estate or to such 22 person as he or she shall have nominated by written 23 designation duly executed and filed with the Board of Control. 24 "(d) Optional allowances. With the provision that 25 the election of an option shall be effective on the effective 26 date of retirement, any member may elect prior to retirement 27 to receive, in lieu of his or her retirement allowance payable Page 19 1 throughout life, the actuarial equivalent, at that time, of 2 his or her retirement allowance in a reduced retirement 3 allowance payable throughout life with the provisions that: 4 "(1) OPTION 1. If he or she dies before he or she 5 has received in annuity payments the present value of his or 6 her annuity as it was at the time of his or her retirement, 7 the balance shall be paid to his or her legal representatives 8 or to the person as he or she shall nominate by written 9 designation duly acknowledged and filed with the Board of 10 Control; 11 "(2) OPTION 2. Upon his or her death, his or her 12 reduced retirement allowance shall be continued throughout the 13 life of and paid to the person as he or she shall nominate by 14 written designation duly acknowledged and filed with the Board 15 of Control at the time of his or her retirement; 16 "(3) OPTION 3. Upon his or her death, one half of 17 his or her reduced allowance shall be continued throughout the 18 life of and paid to the person as he or she shall nominate by 19 written designation duly acknowledged and filed with the Board 20 of Control at the time of his or her retirement; or 21 "(4) OPTION 4. Some other benefit or benefits shall 22 be paid either to the member or to the person or persons as he 23 or she shall nominate; provided, that such other benefits, 24 together with the reduced retirement allowance, shall be 25 certified by the actuary to be of equivalent actuarial value 26 to his or her retirement allowance and shall be approved by 27 the Board of Control. Page 20 1 "(5) OPTION 5. At the time of retirement, he or she 2 shall receive a partial lump sum distribution as a single 3 payment not to exceed the sum of 24 months of the maximum 4 monthly retirement allowance the member could receive. This 5 option may be elected in addition to the election of another 6 option under this subsection and the further reduced monthly 7 retirement allowance shall be calculated in accordance with 8 the selected option. This option shall not be available to a 9 member who is receiving a disability retirement. 10 "(e) Effect of return to active service. Should any 11 beneficiary be restored to active service, his or her 12 retirement allowance shall be suspended until he or she again 13 withdraws from service and he or she shall not again become a 14 member of the retirement system nor shall he or she make 15 contributions; except, that should such beneficiary who has 16 been restored to active service continue in service for a 17 period of two or more years from the date of his or her 18 reentry into active service, he or she may request the Board 19 of Control to allow him or her to again become a member of the 20 retirement system. The Board of Control may grant the request 21 for restoration to membership; provided, that such beneficiary 22 whose retirement allowance has been suspended shall repay to 23 the system all moneys monies received by him or her as 24 benefits during any periods subsequent to the date of his or 25 her reentry into active service and shall make a contribution 26 equal to the amount he or she would have contributed had he or 27 she been a member during the period of his or her restoration Page 21 1 to active service on a suspended allowance basis together with 2 the interest which would have been credited to the 3 contributions on account of such period of restoration up to 4 the date such contribution is made. 5 "(f)(1) REDETERMINATION, ETC., OF CERTAIN 6 ALLOWANCES. All retirement allowance payments due on or after 7 October 1, 1975, to members who retired prior to that date 8 shall be redetermined as if the provisions of this section in 9 effect on October 1, 1975, were in effect at the time the 10 member retired. Anything in this article to the contrary 11 notwithstanding, the annual retirement allowance of any member 12 not employed as a state policeman who retired on or before 13 January 1, 1956, shall not be less than $79.20 seventy-nine 14 dollars twenty cents ($79.20) multiplied by the number of 15 years of his or her creditable service not in excess of 30 16 years in the case of service retirement of $59.40 fifty-nine 17 dollars forty cents ($59.40) multiplied by the number of years 18 of his or her creditable service not in excess of 30 years in 19 the case of disability retirement. Any increase provided in 20 the retirement allowance payment under this subdivision for a 21 member who retired under the provisions of any optional 22 benefit elected pursuant to subsection (d) of this section 23 shall accrue only to the retired member, and no person 24 designated to receive any payments after the death of a 25 retired member under the provisions of any such optional 26 benefit shall receive any increase in such payments under this 27 subdivision. Notwithstanding, any member who retired prior to Page 22 1 October 1, 1975, and who chose either Option 2 or Option 3 may 2 elect to receive a reduced allowance and to stipulate that the 3 actuarial equivalent of the increase in his or her retirement 4 allowance, which became effective on that date, be ascribed to 5 his or her designated beneficiary; provided, that such member 6 shall clearly express this intention by filing a written 7 application to the effect with the Secretary-Treasurer of the 8 Employees' Retirement System of Alabama prior to October 1, 9 1976. 10 "(2) Any person who, prior to October 1, 1963, was 11 in receipt of a benefit pursuant to Act No. 376, approved 12 November 6, 1959, but was not a member of the system at the 13 time of retirement, shall not be entitled to receive an annual 14 retirement allowance from the system, effective October 1, 15 1971, as follows: 16 "a. If such person was retired on or before January 17 1, 1956, an amount equal to $79.20 seventy-nine dollars twenty 18 cents ($79.20) multiplied by the number of years of his or her 19 creditable service not in excess of 30 years. 20 "b. If such person was retired after January 1, 21 1956, an amount equal to $72.00 seventy-two dollars ($72) 22 multiplied by the number of years of his or her creditable 23 service not in excess of 25 years. 24 "(3) Prior to October 31, 1975, any beneficiary may 25 elect to leave on deposit with the system all or a specified 26 part of any increase in his or her monthly retirement 27 allowance payments arising in accordance with subdivisions (1) Page 23 1 or (2) of this subsection over the monthly allowance which he 2 or she was receiving prior to October 1, 1975. The portion of 3 each monthly payment left in the system in accordance with 4 such election shall be credited, together with regular 5 interest thereon, to the individual account of such 6 beneficiary. Upon the death of such beneficiary the total 7 amount standing to his or her credit, including regular 8 interest to the date of death, shall be paid in a lump sum to 9 his or her legal representatives or to such person as he or 10 she shall have nominated by written designation duly 11 acknowledged and filed with the Board of Control. 12 "(g) Notwithstanding any other provisions of this 13 section to the contrary, when a designated beneficiary for a 14 member predeceases the member who is receiving a monthly 15 benefit allowance provided under Option 2, 3, or 4, the member 16 may designate a replacement beneficiary for the deceased 17 beneficiary to become effective two years after the date of 18 designation of the replacement beneficiary and an actuarial 19 adjustment in the monthly benefit allowance of the member to 20 cover any cost associated with designating a replacement 21 beneficiary shall be reflected thereafter in the monthly 22 benefit allowance received by the member, commencing with the 23 first benefit allowance check received by the member following 24 the date of designation of the replacement beneficiary. 25 "(h) Notwithstanding any provision of this section 26 to the contrary, if a retired member who is receiving a 27 monthly benefit allowance provided under Option 2, 3, or 4 Page 24 1 divorces his or her designated beneficiary, the member may 2 designate a replacement beneficiary for the beneficiary to 3 become effective two years after the date of designation of 4 the replacement beneficiary and an actuarial adjustment in the 5 monthly benefit allowance of the member to cover any cost 6 associated with designating a replacement beneficiary shall be 7 reflected thereafter in the monthly benefit allowance received 8 by the member, commencing with the first benefit allowance 9 check received by the member following the date of designation 10 of the replacement beneficiary. 11 "(i) Any future act to increase the retirement age 12 for Tier II plan members above the age of 62 shall require a 13 two-thirds vote of the elected membership of each house of the 14 Legislature. 15 "§36-27-24. 16 "(a) Effective October 1, 1997, all the assets of 17 the retirement system shall be credited according to the 18 purpose for which they are held among three funds, namely, the 19 Annuity Savings Fund, the Pension Accumulation Fund, and the 20 Expense Fund. The operation of the former Pension Reserve Fund 21 and the Annuity Reserve Fund shall be discontinued as of such 22 date and the balance of the former Pension Reserve Fund shall 23 be transferred to the Pension Accumulation Fund, and the 24 balance of the former Annuity Reserve Fund shall be 25 transferred to the Pension Accumulation Fund. 26 "(b) Annuity Savings Fund. The Annuity Savings Fund 27 shall be a fund in which shall be accumulated contributions Page 25 1 from the compensation of members to provide for their 2 annuities. 3 "Contributions to and payments from the Annuity 4 Savings Fund shall be made as follows: Effective October 1, 5 1971, each employer shall cause to be deducted from the salary 6 of each member on each and every payroll of such employer for 7 each and every payroll period five percent of his or her 8 earnable compensation; except, that in the case of a state 9 policeman, the rate of 10 percent of earnable compensation 10 shall apply, and in computing all retirement benefits it shall 11 be assumed that a seven percent rate of contribution had 12 applied with respect to service as a state policeman prior to 13 July 1, 1957. For all pay dates beginning on or after October 14 1, 2011, each employer, except those employers participating 15 pursuant to Section 36-27-6, shall cause to be deducted from 16 the salary of each member on each and every payroll of such 17 employer for each and every payroll period seven and 18 one-quarter percent (7.25%) of his or her earnable 19 compensation; except, that in the case of a state policeman, 20 the rate of ten percent (10%) of earnable compensation shall 21 apply. For all pay dates beginning on or after October 1, 22 2012, each employer, except those employers participating 23 pursuant to Section 36-27-6, shall cause to be deducted from 24 the salary of each Tier I plan member on each and every 25 payroll of such employer for each and every payroll period 26 seven and one-half percent (7.5%) of his or her earnable 27 compensation; except, that in the case of a state policeman, Page 26 1 the rate of ten percent (10%) of earnable compensation shall 2 apply. For all pay dates beginning on or after January 1, 3 2013, each employer shall cause to be deducted from the salary 4 of each Tier II plan member on each and every payroll period 5 six percent (6%) of his or her earnable compensation; except 6 that in the case of a state policeman, the rate of ten percent 7 (10%) shall apply and in the case of a correctional officer, 8 firefighter, or law enforcement officer as defined in Section 9 36-27-59, the rate of seven percent (7%) shall apply. For all 10 pay dates beginning on or after October 1, 2022, for all 11 employers, each employer shall cause to be deducted from the 12 salary of each Tier II plan member on each and every payroll 13 period six and one-half percent (6.5%) of his or her earnable 14 compensation. Any employer participating under Section 15 36-27-6, by adoption of a resolution, may elect for the 16 increases in employee contributions provided by Act 2011-676 17 to be withheld from the earnable compensation of employees of 18 the employer. In determining the amount earnable by a member 19 in a payroll period, the Board of Control may consider the 20 rate of annual compensation payable to such member on the 21 first day of the payroll period as continuing through such 22 payroll period, and it may omit deductions from compensation 23 for any period less than a full payroll period if an employee 24 was not a member on the first day of the payroll period, and, 25 to facilitate the making of deductions, it may modify the 26 deductions required of any member by such an amount as shall Page 27 1 not exceed one tenth of one percent of the annual compensation 2 upon the basis of which such deductions are made. 3 "The deductions provided for in this subsection 4 shall be made notwithstanding that the minimum compensation 5 provided for by law for any member shall be reduced thereby. 6 Every member shall be deemed to consent and agree to the 7 deduction made and provided for in this subsection and shall 8 receipt for his or her full salary or compensation and payment 9 of salary or compensation less such deductions shall be a full 10 and complete discharge and acquittance of all claims and 11 demands whatsoever for the services rendered by such person 12 during the period covered by such payment, except as to the 13 benefits provided under this article. The employer shall 14 certify to the Board of Control in each and every payroll or 15 in such other manner as the board may prescribe the amounts to 16 be deducted, and each of the amounts shall be deducted and, 17 when deducted, shall be paid into the Annuity Savings Fund and 18 shall be credited, together with regular interest thereon, to 19 the individual account of the member from whose compensation 20 the deduction was made. 21 "In addition to the contributions deducted from 22 compensation as provided in this subsection, subject to the 23 approval of the Board of Control, any member may deposit in 24 the Annuity Savings Fund by a single payment or by an 25 increased rate of contribution an amount computed to be 26 sufficient to purchase an additional annuity which, together 27 with his or her prospective retirement allowance, will provide Page 28 1 for him or her a total retirement allowance not to exceed one 2 half of his or her average final compensation at age 60. Such 3 additional amounts so deposited shall become a part of his or 4 her accumulated contributions, except in the case of 5 retirement, when they shall be treated as excess contributions 6 returnable to the member in cash or as an annuity of 7 equivalent actuarial value and shall not be considered in 8 computing his or her pension. 9 "The contributions and interest credits of a member 10 withdrawn by him or her or paid to his or her estate or to his 11 or her designated beneficiary in event of his or her death 12 shall be paid from the Annuity Savings Fund. Should a member 13 cease to be a member other than by retirement under the 14 provisions of this article, an amount equivalent to the 15 difference, if any, between his or her accumulated 16 contributions and the amount then paid shall be transferred to 17 the Expense Fund. Upon the retirement of a member or the death 18 of an eligible member where an allowance to a surviving spouse 19 or other designated beneficiary is payable, his or her 20 accumulated contributions shall be transferred from the 21 Annuity Savings Fund to the Pension Accumulation Fund. 22 "Notwithstanding the preceding provisions, no 23 deductions shall be made from any member's salary on account 24 of which the employer's contributions are in default. 25 "The State Personnel Board, with the approval of the 26 Governor, may provide that the state shall pick up member 27 contributions to the Employees' Retirement System of Alabama Page 29 1 as required by this subsection on behalf of all state 2 employees who participate in the Employees' Retirement System 3 by a corresponding reduction in the salary of the member, such 4 pick-up to be mandatory for all such employees, and the 5 contributions so picked up shall be treated as employer 6 contributions in determining tax treatment under the Internal 7 Revenue Code. These contributions shall be paid from the same 8 source of funds which is used in paying earnings to the 9 employee. If employee contributions are so picked up they 10 shall be treated for all other purposes of state law in the 11 same manner and to the same extent as employee contributions 12 made prior to the date picked up. 13 "(c) Pension Accumulation Fund. The Pension 14 Accumulation Fund shall be the fund in which shall be 15 accumulated all reserves other than the amounts held in the 16 Annuity Savings Fund for the payment of all pensions, all 17 allowances granted to surviving spouses or other designated 18 beneficiaries and other benefits payable from contributions 19 made by the employer and from which shall be paid all 20 pensions, all allowances granted to surviving spouses or other 21 designated beneficiaries and other benefits on account of 22 members with prior service credit. 23 "Contributions to and payments from the Pension 24 Accumulation Fund shall be made as follows: On account of each 25 member there shall be paid monthly by the employer an amount 26 equal to a certain percentage of the earnable compensation of 27 each member to be known as the "normal contribution" and an Page 30 1 additional amount equal to a percentage of his or her earnable 2 compensation to be known as the "accrued liability 3 contribution," and these two amounts shall be paid monthly 4 into the Pension Accumulation Fund; provided, that in the case 5 of a state policeman, such percentage rates of contributions 6 shall be calculated separately. The percentage rate of such 7 contributions shall be fixed for each fiscal year on the basis 8 of the liabilities of the retirement system as shown by the 9 last annual actuarial valuation, and such percentage rate as 10 established by such valuation shall take effect the following 11 October 1 and continue in effect for the fiscal year. 12 "On the basis of regular interest and of such 13 mortality and other tables as shall be adopted by the Board of 14 Control, the actuary engaged by the board to make such 15 valuation required by this article during the period over 16 which the accrued liability contribution is payable shall, 17 immediately after making such valuation, determine the uniform 18 and constant percentage of the earnable compensation of the 19 average new entrant which, if contributed on the basis of his 20 or her compensation throughout his or her entire period of 21 active service, would be sufficient to provide for the payment 22 of any pension payable on his or her account. The percentage 23 rate so determined shall be known as the "normal contribution" 24 rate. The normal rate of contributions shall be determined by 25 the actuary after each valuation. 26 "The accrued liability contribution rate shall be 27 computed by the actuary on the basis of each valuation as the Page 31 1 percentage rate of the total annual compensation of all 2 members which is sufficient to liquidate the accrued liability 3 over a period to be determined by the Board of Control which 4 shall be not less than 10 nor more than 30 years. 5 "The unfunded accrued liability shall be computed by 6 the actuary as the total liabilities of the system which are 7 not dischargeable by the assets of the Annuity Savings Fund 8 and the Pension Accumulation Fund and the present value of the 9 aforesaid normal contributions. 10 "For purposes of computing the unfunded accrued 11 liability the assets shall be determined as follows: 12 "On September 30, 1997, the assets shall be 13 determined by using the market value of such assets. For 14 subsequent years the value of the assets shall be determined 15 by the system's actuary using a five year smoothed market 16 value. 17 "The total amount payable in each year to the 18 Pension Accumulation Fund shall be not less than the sum of 19 the percentage rates known as the normal contribution rate and 20 the accrued liability contribution rate of the total 21 compensation earnable by all members during the preceding 22 year. 23 "All interest and dividends earned on the funds of 24 the retirement system shall be credited to the Pension 25 Accumulation Fund. The amounts needed to allow a regular 26 interest on the reserves in the Annuity Savings Fund shall be 27 transferred in accordance with this article from the Pension Page 32 1 Accumulation Fund. The Board of Control, in its discretion, 2 may transfer to and from the Pension Accumulation Fund the 3 amounts of any surplus or deficit which may develop in the 4 Annuity Savings Fund, or the Expense Fund. 5 "Upon the death of a member on account of whom no 6 survivor allowance is payable under subdivisions (2) and (3) 7 of subsection (c) of Section 36-27-16, the death benefit as 8 provided in subdivision (4) of subsection (c) of Section 9 36-27-16 equal to the accumulated contributions, not to exceed 10 $5,000.00 five thousand dollars ($5,000), shall be payable 11 from the Pension Accumulation Fund. 12 "(d) Expense Fund. The Expense Fund shall be the 13 fund from which the expenses of the administration of the 14 retirement system shall be paid, exclusive of amounts payable 15 as retirement allowances and as other benefits provided in 16 this chapter. In addition thereto and on account of each 17 member of the retirement system, there shall be paid monthly 18 by the employer an amount equal to a certain percentage of the 19 earnable compensation of each member for the administrative 20 expenses of the retirement system. The percentage rate of such 21 contribution shall be fixed by the Board of Control on the 22 basis of the cost exclusive of that provided by interest not 23 returnable. Any amounts credited to the accounts of the 24 members withdrawing before retirement and not returnable under 25 the provisions of subsection (c) of Section 36-27-16 shall be 26 credited to the Expense Fund. Page 33 1 "(e) Employer's contributions. For each biennium 2 beginning October 1, 1965, each employer shall pay to the 3 retirement system the rates provided in this section and 4 thereafter, at least 30 days preceding October 1 of each 5 fiscal year, the Board of Control shall certify to the chief 6 fiscal officer of each employer the percentage rates of 7 earnable compensation of the members required to be paid to 8 the retirement system in accordance with subsections (c) and 9 (d) of this section. 10 "The employer's contribution on account of the 11 membership of employees whose salaries are paid in whole or in 12 part from funds derived from federal grants shall be paid from 13 funds derived from the federal grants in accordance with 14 statutes governing the administration of the grants and in 15 proportion to salaries paid therefrom. At such time and in 16 such manner as may be required, the Board of Control shall 17 certify to each department of state receiving a federal grant 18 the amount due and payable from the grant as the employer's 19 contribution to the retirement system on account of the 20 membership of the department whose salaries are paid in whole 21 or in part from funds derived from such federal grants. The 22 fiscal agent of the department shall authorize the state 23 Comptroller to draw a warrant or warrants in payment of the 24 amount certified as due and payable from federal grants. 25 "(f) Appropriations. There is hereby appropriated 26 annually from the fund from which salaries of the employees of 27 each employer are paid the amounts sufficient to carry out the Page 34 1 provisions of this section. In the case of those departments 2 supported wholly by transfers from other state funds, there is 3 hereby appropriated from the supporting funds such additional 4 amounts as may be necessary to pay the employer contribution 5 of each department so supported in the same proportion as the 6 other state funds contribute to the support and maintenance of 7 such department. 8 "(g) Employer cost provided for in this article 9 together with member contributions required under this article 10 shall be paid to the Employees' Retirement System on the first 11 day of the month following the month in which the related 12 member salary is earned. Delinquent accounts shall accrue 13 interest at the actuarial assumed investment rate beginning 30 14 days after the original due date. The member contributions for 15 each member shall be reported to the Employees' Retirement 16 System in a format prescribed by the Employees' Retirement 17 System. 18 "§36-27-59. 19 "(a) When used in this section, the following terms 20 shall have the following meanings, unless the context clearly 21 indicates otherwise: 22 "(1) CORRECTIONAL OFFICER. A full-time correctional 23 officer who is certified as a correctional officer by the 24 Alabama Peace Officers' Standards and Training Commission. 25 "(2) FIREFIGHTER. A full-time firefighter employed 26 with the State of Alabama, a municipal fire department, or a 27 fire district who has a level one minimum standard Page 35 1 certification by the Firefighters Personnel Standards and 2 Education Commission, or a firefighter employed by the Alabama 3 Forestry Commission who has been certified by the State 4 Forester as having met the wild land firefighter training 5 standard of the National Wildfire Coordinating Group. 6 "(3) LAW ENFORCEMENT OFFICER. A full-time law 7 enforcement officer, not covered as a state policeman, 8 employed with any state agency, department, board, commission, 9 or institution or a full-time law enforcement officer employed 10 by a local unit of the Employees' Retirement System under 11 Section 36-27-6 who is certified as a law enforcement officer 12 by the Alabama Peace Officers' Standards and Training 13 Commission. 14 "(b)(1) Any firefighter, law enforcement officer, or 15 correctional officer covered under the Employees' Retirement 16 System or the Teachers' Retirement System as a Tier I or Tier 17 II plan member, upon attainment of the requisite years of 18 creditable service or who otherwise qualifies for service or 19 disability retirement, shall be awarded one year of hazardous 20 duty time for every five years of service as a firefighter, a 21 law enforcement officer, or a correctional officer provided 22 that the person has made the additional contribution provided 23 in subdivision (2) or paid the additional contribution 24 required in subsection (c) for each year of service used in 25 determining hazardous duty time for the person. Proportional 26 credit shall be awarded for any period of service less than 27 five years. Page 36 1 "(2) Effective January 1, 2001, and each pay period 2 thereafter, each active employee who is a firefighter, law 3 enforcement officer, or correctional officer, as defined in 4 subsection (a), shall contribute to the Teachers' or 5 Employees' Retirement System of Alabama six percent of his or 6 her earnable compensation. For all pay dates beginning on or 7 after October 1, 2011, each active employee who is a 8 firefighter, law enforcement officer, or correctional officer, 9 as defined in subsection (a), except those employees 10 participating pursuant to Section 36-27-6, shall contribute to 11 the Teachers' or Employees' Retirement System of Alabama eight 12 and one-quarter percent (8.25%) of his or her earnable 13 compensation. For all pay dates beginning on or after October 14 1, 2012, each active employee who is a Tier I plan member and 15 who is a firefighter, law enforcement officer, or correctional 16 officer, as defined in subsection (a), except those employees 17 participating pursuant to Section 36-27-6, shall contribute to 18 the Teachers' or Employees' Retirement System of Alabama eight 19 and one-half percent (8.5%) of his or her earnable 20 compensation. For all pay dates beginning on or after October 21 1, 2022, each active employee who is a Tier II plan member and 22 who is a firefighter, law enforcement officer, or correctional 23 officer, as defined in subsection (a), shall contribute to the 24 Teachers' or Employees' Retirement Systems of Alabama seven 25 and one-half percent (7.50%) of his or her earnable 26 compensation. Any employer participating under Section 27 36-27-6, by adoption of a resolution, may elect for the Page 37 1 increases in employee contributions provided by Act 2011-676 2 to be withheld from the earnable compensation of employees of 3 the employer. 4 "(c) Any member of the Employees' Retirement System 5 or the Teachers' Retirement System eligible under subsection 6 (b) may receive credit for his or her eligible prior service 7 provided the member pays to the Secretary-Treasurer of the 8 Employees' Retirement System or the Secretary-Treasurer of the 9 Teachers' Retirement System one percent of his or her current 10 annual earnable compensation or previous year's annual 11 earnable compensation, whichever is higher, for each year of 12 claimed credit within two years of January 1, 2001, except 13 that any firefighter employed by the Alabama Forestry 14 Commission shall make such payment within two years of 15 December 28, 2001. Any member participating in the Employees' 16 Retirement System under Section 36-27-6, who has eligible 17 prior service under this section and who also had no prior 18 eligibility to purchase prior service credit under this 19 subsection, may purchase prior service credit under this 20 section at the same rate provided in subsection (b) within one 21 year of the effective date of his or her enrollment with the 22 Employees' Retirement System or within one year of August 1, 23 2004. The member may purchase his or her claimed credit in 24 increments of five years, unless the total service credit is 25 less than five years, in which case the service shall be 26 purchased in its entirety. The member shall provide 27 certification from each employing agency, on forms prescribed Page 38 1 by the Teachers' or Employees' Retirement System, of each year 2 of claimed service, as a prerequisite to payment under this 3 section. 4 "(d) The provisions of this section shall not apply 5 to any Tier II plan member." 6 Section 2. This act shall become effective 7 immediately following its passage and approval by the 8 Governor, or its otherwise becoming law. Page 39 1 2 House of Representatives3 Read for the first time and re-4 5 ferred to the House of Representa- 6 tives committee on Ways and Means General Fund.......................7 .......08-FEB-22 8 Read for the second time and placed9 on the calendar 1 amendment ......10 .......16-FEB-22 11 Read for the third time and passed12 as amended.........................13 .......02-MAR-22 Yeas 100, Nays 0, Abstains 014 15 16 Jeff Woodard 17 Clerk 18 Page 40