HB233INTRODUCED
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Q7LU51-1
By Representative Almond (N & P)
RFD: Tuscaloosa County Legislation
First Read: 04-Apr-23
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5 Q7LU51-1 02/28/2023 KMS (L)cr 2023-343
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A BILL
TO BE ENTITLED
AN ACT
Relating to the City of Tuscaloosa; to authorize the
City of Tuscaloosa to join the Employees’ Retirement System of
Alabama for its police and firefighter employees and transfer
assets and liabilities of the existing Tuscaloosa Police and
Firefighters Retirement Plan to the Employees' Retirement
System of Alabama as set forth in Chapter 27 of Title 36, Code
of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The City of Tuscaloosa, by action of the
city council, may take any action necessary for its police and
firefighter employees to participate in the City of Tuscaloosa
pension plan administered by the Employees' Retirement System
of Alabama pursuant to Section 36-27-6, Code of Alabama 1975,
and the remaining provisions of Chapter 27 of Title 36, Code
of Alabama 1975, and the board for the Tuscaloosa Police and
Firefighters Retirement Plan may transfer any asset and
liability of the Tuscaloosa Police and Firefighters Retirement
Plan to the City of Tuscaloosa pension plan administered by
Employees' Retirement System of Alabama, as necessary for the
police and firefighter employees of the City of Tuscaloosa to
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participate in the Employees' Retirement System of Alabama.
(b) Upon acceptance of the police and firefighter
employees of the City of Tuscaloosa into the city's plan
administered by the Employees' Retirement System of Alabama
and the transfer of all assets and liabilities of the
Tuscaloosa Police and Firefighters Retirement Plan to the
Employees' Retirement System of Alabama, the City of
Tuscaloosa shall terminate the retirement system established
under Act 1999-568, 1999 Regular Sessions (Acts 1999, p.
1220), as amended, according to the terms and conditions of
the City of Tuscaloosa Police and Firefighters Retirement
Plan.
Section 2. (a) Members who began participation in the
City of Tuscaloosa Police and Firefighters Retirement Plan
prior to January 1, 2013, and who elect to join the Employees'
Retirement System in accordance with Section 36-27-6(b), Code
of Alabama 1975, shall be Tier I plan participants as set
forth in Chapter 27 of Title 36, Code of Alabama 1975.
(b) Members who began participation in the City of
Tuscaloosa Police and Firefighters Retirement Plan on or after
January 1, 2013, and who elect to join the Employees'
Retirement System in accordance with Section 36-27-6(b), Code
of Alabama 1975, shall be Tier II plan participants, unless
prior employment with a participating employer establishes
them as Tier I participants, as set forth in Chapter 27 of
Title 36, Code of Alabama 1975.
(c) Police or firefighter employees who begin
employment with the City of Tuscaloosa on or after the date
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that police and firefighter employees of the City of
Tuscaloosa begin participation in the Employees’ Retirement
System of Alabama shall participate in the Employees’
Retirement System of Alabama in accordance with Section
36-27-6(c), Code of Alabama 1975.
Section 3. The amounts certified each year to the chief
financial officer of the City of Tuscaloosa pursuant to
Section 36-27-6(f), Code of Alabama, 1975, shall be included
in the respective budget of the city in accordance with the
city’s legal budget procedure.
Section 4. The provisions of this act are severable. If
any part of this act is declared invalid or unconstitutional,
that declaration shall not affect the part which remains.
Section 5. All laws or parts of laws which conflict
with this act are repealed.
Section 6. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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