Alabama 2023 Regular Session

Alabama Senate Bill SB68 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB68ENROLLED~~
	1	+	SB68INTRODUCED
2	2		Page 0
3		-	KJMJUA-2
	3	+	KJMJUA-1
4	4		By Senator Chambliss
5	5		RFD: Finance and Taxation General Fund
6	6		First Read: 21-Mar-23
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11		-	5 ~~SB68 EnrolledSB68 Enrolled~~
	11	+	5 KJMJUA-1 03/13/2023 KMS (L)cr 2023-642
12	12		Page 1
13		-	Enrolled, An Act,
	13	+	SYNOPSIS:
	14	+	This bill would reopen the State Police Tier II
	15	+	Plan to any employee of the Alabama State Law
	16	+	Enforcement Agency who is certified by the Alabama
	17	+	Peace Officers' Standards and Training Commission and
	18	+	performs law enforcement duties and would modify the
	19	+	Tier II benefits received by State Police Tier II
	20	+	members to allow 25-year retirement and hazardous duty
	21	+	time, and would clarify that an employee of the Alabama
	22	+	State Law Enforcement Agency who is certified by the
	23	+	Alabama Peace Officers' Standards and Training
	24	+	Commission is a state policeman.
	25	+	A BILL
	26	+	TO BE ENTITLED
	27	+	AN ACT
14	28		To amend Sections 36-27-1, 36-27-16, as last amended by
15	29		Acts 2022-184 and 2022-351, 2022 Regular Session, and 41-27-7,
16	30		Code of Alabama 1975, relating to retirement benefits for
17	31		employees who are members of the Employees' Retirement System;
18	32		to reopen the State Police Tier II Plan to any employee of the
19	33		Alabama State Law Enforcement Agency who is certified by the
20	34		Alabama Peace Officers' Standards and Training Commission and
21		-	performs law enforcement duties; to modify the Tier II
22		-	benefits received by all State Police Tier II members; and to
23		-	clarify that employees of the Alabama State Law Enforcement
24		-	Agency are state policemen for retirement purposes.
25		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26		-	Section 1. Sections 36-27-1, 36-27-16, as last amended
27		-	by Acts 2022-184 and 2022-351, 2022 Regular Session, and
28		-	41-27-7 of the Code of Alabama 1975, are amended to read as
29		-	follows:
30		-	"§36-27-1
31		-	When used in this article, the following terms shall
32		-	have the following meanings, respectively, unless the context
33		-	clearly indicates otherwise:
34		-	(1) RETIREMENT SYSTEM. The Employees' Retirement System
35		-	of Alabama as defined in Section 36-27-2.
36		-	(2) EMPLOYEE. Any regular employee of the State of
37		-	Alabama whose salary is paid by state warrant by the state,
38		-	except a member of the Legislature of the state, a person who
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66		-	28 SB68 ~~EnrolledSB68 Enrolled~~
	62	+	28 SB68 INTRODUCEDSB68 INTRODUCED
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	64	+	performs law enforcement duties; to modify the Tier II
	65	+	benefits received by all State Police Tier II members; and to
	66	+	clarify that employees of the Alabama State Law Enforcement
	67	+	Agency are state policemen for retirement purposes.
	68	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	69	+	Section 1. Sections 36-27-1, 36-27-16, as last amended
	70	+	by Acts 2022-184 and 2022-351, 2022 Regular Session, and
	71	+	41-27-7 of the Code of Alabama 1975, are amended to read as
	72	+	follows:
	73	+	"§36-27-1
	74	+	When used in this article, the following terms shall
	75	+	have the following meanings, respectively, unless the context
	76	+	clearly indicates otherwise:
	77	+	(1) RETIREMENT SYSTEM. The Employees' Retirement System
	78	+	of Alabama as defined in Section 36-27-2.
	79	+	(2) EMPLOYEE. Any regular employee of the State of
	80	+	Alabama whose salary is paid by state warrant by the state,
	81	+	except a member of the Legislature of the state, a person who
68	82		is covered or eligible to be covered under the Teachers'
69	83		Retirement System of Alabama or any other retirement system to
70	84		which contributions are made by the state, an elective
71	85		official of the state government, and a temporary employee or
72	86		person engaged under retainer or special agreement. In all
73	87		cases of doubt the Board of Control shall determine who is an
74	88		employee within the meaning of this article. The term shall
75	89		include any regular employee of the Alabama state hospitals
76	90		and Partlow State School and Hospital and the Alabama State
77	91		Port Authority, however paid.
78		-	(3) EMPLOYER. The State of Alabama or any department,
79		-	commission, institution, or any other agency of and within the
80		-	state by which an employee is paid, including employers as
81		-	provided in Section 36-27-6.
82		-	(4) MEMBER. Any employee included in the membership of
83		-	the system as provided in Section 36-27-4.
84		-	(5) BOARD OF CONTROL. The board provided for in Section
85		-	36-27-23 to administer the retirement system.
86		-	(6) MEDICAL BOARD. The board of physicians provided for
87		-	in Section 36-27-23.
88		-	(7) SERVICE. Service as an employee paid for by an
89		-	employer.
90		-	(8) PRIOR SERVICE. Service rendered prior to the date
91		-	of establishment of the retirement system for which credit is
92		-	allowable under Section 36-27-11.
93		-	(9) MEMBERSHIP SERVICE. Service as an employee rendered
94		-	while a member of the retirement system and on account of
95		-	which contributions are made.
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123		-	56 SB68 ~~EnrolledSB68 Enrolled~~
	119	+	56 SB68 INTRODUCEDSB68 INTRODUCED
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	121	+	(3) EMPLOYER. The State of Alabama or any department,
	122	+	commission, institution, or any other agency of and within the
	123	+	state by which an employee is paid, including employers as
	124	+	provided in Section 36-27-6.
	125	+	(4) MEMBER. Any employee included in the membership of
	126	+	the system as provided in Section 36-27-4.
	127	+	(5) BOARD OF CONTROL. The board provided for in Section
	128	+	36-27-23 to administer the retirement system.
	129	+	(6) MEDICAL BOARD. The board of physicians provided for
	130	+	in Section 36-27-23.
	131	+	(7) SERVICE. Service as an employee paid for by an
	132	+	employer.
	133	+	(8) PRIOR SERVICE. Service rendered prior to the date
	134	+	of establishment of the retirement system for which credit is
	135	+	allowable under Section 36-27-11.
	136	+	(9) MEMBERSHIP SERVICE. Service as an employee rendered
	137	+	while a member of the retirement system and on account of
	138	+	which contributions are made.
125	139		(10) CREDITABLE SERVICE. "Prior service" plus
126	140		"membership service" rendered since last becoming a member.
127	141		(11) BENEFICIARY. Any person in receipt of a pension,
128	142		an annuity, a retirement allowance or other benefit as
129	143		provided by this article.
130	144		(12) REGULAR INTEREST. Interest compounded annually at
131	145		the rate determined by the Board of Control in accordance with
132	146		subsection (f) of Section 36-27-25.
133	147		(13) ACCUMULATED CONTRIBUTIONS. The sum of all the
134	148		amounts deducted from the compensation of a member credited to
135		-	his or her individual account in the Annuity Savings Fund,
136		-	together with regular interest thereon, as provided in Section
137		-	36-27-24.
138		-	(14) EARNABLE COMPENSATION. The full rate of
139		-	compensation that would be payable to an employee if he or she
140		-	worked the full normal work-time. In cases where compensation
141		-	includes maintenance, the Board of Control shall fix the value
142		-	of that part of the compensation not paid in money. Earnable
143		-	compensation shall not exceed the limitations imposed by
144		-	Section 401(a)(17) of the Internal Revenue Code for public
145		-	pension funds, except that any employee who was a member of
146		-	the Employees' Retirement System before the first plan year
147		-	beginning after December 31, 1995, shall not be subject to the
148		-	earning limitations set forth in Section 401(a)(17). For Tier
149		-	I plan members, the term earnable compensation for retirement
150		-	purposes shall not include subsistence payments that are made
151		-	to a member and shall include overtime payments that are made
152		-	to a member; however, earnable compensation shall not exceed
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180		-	84 SB68 ~~EnrolledSB68 Enrolled~~
	176	+	84 SB68 INTRODUCEDSB68 INTRODUCED
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	178	+	his or her individual account in the Annuity Savings Fund,
	179	+	together with regular interest thereon, as provided in Section
	180	+	36-27-24.
	181	+	(14) EARNABLE COMPENSATION. The full rate of
	182	+	compensation that would be payable to an employee if he or she
	183	+	worked the full normal work-time. In cases where compensation
	184	+	includes maintenance, the Board of Control shall fix the value
	185	+	of that part of the compensation not paid in money. Earnable
	186	+	compensation shall not exceed the limitations imposed by
	187	+	Section 401(a)(17) of the Internal Revenue Code for public
	188	+	pension funds, except that any employee who was a member of
	189	+	the Employees' Retirement System before the first plan year
	190	+	beginning after December 31, 1995, shall not be subject to the
	191	+	earning limitations set forth in Section 401(a)(17). For Tier
	192	+	I plan members, the term earnable compensation for retirement
	193	+	purposes shall not include subsistence payments that are made
	194	+	to a member and shall include overtime payments that are made
	195	+	to a member; however, earnable compensation shall not exceed
182	196		120 percent of any members' annual base compensation as
183	197		certified by the employer. For Tier II plan members, earnable
184	198		compensation shall include overtime payments that are made to
185	199		the member but shall not include subsistence payments that are
186	200		made to the member and shall not exceed one hundred
187	201		twenty-five percent (125%) of the member's annual base
188	202		compensation, as certified by the employer.
189	203		(15) AVERAGE FINAL COMPENSATION. For any Tier I plan
190	204		member, the average annual compensation of the member, with
191	205		respect to which he or she had made contributions pursuant to
192		-	subsection (b) of Section 36-27-24 during the three years, in
193		-	his or her last 10 years of creditable service for which the
194		-	average is highest or during his or her entire period of
195		-	creditable service if less than three years; except, that for
196		-	any period prior to November 1, 1959, the compensation used in
197		-	computing the average shall include compensation in excess of
198		-	the maximum amount with respect to which members were required
199		-	to contribute. For any Tier II plan member, the average annual
200		-	compensation of the member, with respect to which he or she
201		-	has made contributions pursuant to subsection (b) of Section
202		-	36-27-24 during the five years, in his or her last ten 10
203		-	years of creditable service for which the average is highest
204		-	or during his or her entire period of creditable service if
205		-	less than five years.
206		-	(16) ANNUITY. Payments for life derived from the
207		-	"accumulated contributions" of a member. All annuities shall
208		-	be payable in equal monthly installments.
209		-	(17) PENSION. Payments for life derived from money
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237		-	112 SB68 ~~EnrolledSB68 Enrolled~~
	233	+	112 SB68 INTRODUCEDSB68 INTRODUCED
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	235	+	subsection (b) of Section 36-27-24 during the three years, in
	236	+	his or her last 10 years of creditable service for which the
	237	+	average is highest or during his or her entire period of
	238	+	creditable service if less than three years; except, that for
	239	+	any period prior to November 1, 1959, the compensation used in
	240	+	computing the average shall include compensation in excess of
	241	+	the maximum amount with respect to which members were required
	242	+	to contribute. For any Tier II plan member, the average annual
	243	+	compensation of the member, with respect to which he or she
	244	+	has made contributions pursuant to subsection (b) of Section
	245	+	36-27-24 during the five years, in his or her last ten 10
	246	+	years of creditable service for which the average is highest
	247	+	or during his or her entire period of creditable service if
	248	+	less than five years.
	249	+	(16) ANNUITY. Payments for life derived from the
	250	+	"accumulated contributions" of a member. All annuities shall
	251	+	be payable in equal monthly installments.
	252	+	(17) PENSION. Payments for life derived from money
239	253		provided by the employer. All pensions shall be payable in
240	254		equal monthly installments.
241	255		(18) RETIREMENT ALLOWANCE. The sum of the "annuity" and
242	256		the "pension."
243	257		(19) RETIREMENT. Withdrawal from active service with a
244	258		retirement allowance or optional benefit in lieu thereof
245	259		granted under this article.
246	260		(20) ANNUITY RESERVE. The present value of all payments
247	261		to be made on account of any annuity or benefit in lieu of any
248	262		annuity computed upon the basis of the mortality tables
249		-	adopted by the Board of Control and regular interest.
250		-	(21) PENSION RESERVE. The present value of all payments
251		-	to be made on account of any pension or benefit in lieu of any
252		-	pension computed upon the basis of the mortality tables
253		-	adopted by the Board of Control and regular interest.
254		-	(22) ACTUARIAL EQUIVALENT. A benefit of equal value
255		-	when computed upon the basis of the mortality tables adopted
256		-	by the Board of Control and regular interest.
257		-	(23) STATE POLICEMAN. An employee in the classified
258		-	service under the Merit System Act approved by the State
259		-	Personnel Board to perform the duties of highway patrolman or
260		-	a beverage control agent or a crime investigator. The term
261		-	includes any employee hired by of the Alabama State Law
262		-	Enforcement Agency after January 1, 2015, who is certified by
263		-	the Alabama Peace Officers' Standards and Training Commission
264		-	and performs law enforcement duties. Such an employee of the
265		-	Alabama State Law Enforcement Agency shall pay the same
266		-	employee contribution rate as and receive the same benefits as
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	290	+	140 SB68 INTRODUCEDSB68 INTRODUCED
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	292	+	adopted by the Board of Control and regular interest.
	293	+	(21) PENSION RESERVE. The present value of all payments
	294	+	to be made on account of any pension or benefit in lieu of any
	295	+	pension computed upon the basis of the mortality tables
	296	+	adopted by the Board of Control and regular interest.
	297	+	(22) ACTUARIAL EQUIVALENT. A benefit of equal value
	298	+	when computed upon the basis of the mortality tables adopted
	299	+	by the Board of Control and regular interest.
	300	+	(23) STATE POLICEMAN. An employee in the classified
	301	+	service under the Merit System Act approved by the State
	302	+	Personnel Board to perform the duties of highway patrolman or
	303	+	a beverage control agent or a crime investigator. The term
	304	+	includes any employee hired by of the Alabama State Law
	305	+	Enforcement Agency after January 1, 2015, who is certified by
	306	+	the Alabama Peace Officers' Standards and Training Commission
	307	+	and performs law enforcement duties. Such an employee of the
	308	+	Alabama State Law Enforcement Agency shall pay the same
	309	+	employee contribution rate as and receive the same benefits as
296	310		Tier II law enforcement officers, as defined by Section
297	311		36-27-59(a)(3). The term shall not include a member employed
298	312		as a policeman under Section 36-27-6.
299	313		(24) TIER I PLAN. The defined benefit pension plan
300	314		provided by the Retirement System to Tier I plan members.
301	315		(25) TIER II PLAN. The defined benefit pension plan
302	316		provided by the Retirement System to Tier II plan members.
303	317		(26) TIER I PLAN MEMBER. Any member of the Retirement
304	318		System who had service for which he or she received credit in
305	319		the Employees' Retirement System or in the Teachers'
306		-	Retirement System prior to January 1, 2013.
307		-	(27) TIER II PLAN MEMBER. Any member of the Retirement
308		-	System who first began eligible employment with an Employees'
309		-	Retirement System or a Teachers' Retirement System
310		-	participating employer on or after January 1, 2013, and who
311		-	had no eligible service in the Employees' Retirement System or
312		-	the Teachers' Retirement System prior to January 1, 2013."
313		-	"§36-27-16
314		-	(a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY;
315		-	ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS.
316		-	a. Any Tier I plan member who withdraws from service
317		-	upon or after attainment of age 60 and any Tier II plan member
318		-	who withdraws from service upon or after attainment of age 62
319		-	may retire upon written application to the Board of Control
320		-	setting forth at what time, not less than 30 days nor more
321		-	than 90 days subsequent to the execution and filing thereof,
322		-	he or she desires to be retired; provided, that any such
323		-	member who became a member on or after October 1, 1963, shall
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	347	+	168 SB68 INTRODUCEDSB68 INTRODUCED
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	349	+	Retirement System prior to January 1, 2013.
	350	+	(27) TIER II PLAN MEMBER. Any member of the Retirement
	351	+	System who first began eligible employment with an Employees'
	352	+	Retirement System or a Teachers' Retirement System
	353	+	participating employer on or after January 1, 2013, and who
	354	+	had no eligible service in the Employees' Retirement System or
	355	+	the Teachers' Retirement System prior to January 1, 2013."
	356	+	"§36-27-16
	357	+	(a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY;
	358	+	ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS.
	359	+	a. Any Tier I plan member who withdraws from service
	360	+	upon or after attainment of age 60 and any Tier II plan member
	361	+	who withdraws from service upon or after attainment of age 62
	362	+	may retire upon written application to the Board of Control
	363	+	setting forth at what time, not less than 30 days nor more
	364	+	than 90 days subsequent to the execution and filing thereof,
	365	+	he or she desires to be retired; provided, that any such
	366	+	member who became a member on or after October 1, 1963, shall
353	367		have completed 10 or more years of creditable service;
354	368		provided further, that a Tier I or Tier II plan member
355	369		employed as a state policeman shall be eligible to file
356	370		application for service retirement upon attaining age 52 and a
357	371		Tier II plan member employed as a state policeman or employed
358	372		as a correctional officer, firefighter, or law enforcement
359	373		officer as defined in Section 36-27-59 with at least 10 years
360	374		of creditable service as a correctional officer, firefighter,
361	375		or law enforcement officer shall be eligible to file
362	376		application for service retirement upon attaining age 56.
363		-	b. Any Tier I plan member who has attained age 60, or
364		-	age 52 in the case of a state policeman and any Tier II plan
365		-	member who has attained age 62, or age 56 52 in the case of a
366		-	state policeman, or age 56 in the case of a correctional
367		-	officer, firefighter, or law enforcement officer as defined in
368		-	Section 36-27-59 who has at least 10 years of creditable
369		-	service as a correctional officer, firefighter, or law
370		-	enforcement officer, and has previously withdrawn from service
371		-	may retire upon written application to the Board of Control
372		-	setting forth at what time, not less than 30 days nor more
373		-	than 90 days subsequent to the execution and filing thereof,
374		-	he or she desires to be retired; provided, the member shall
375		-	have at the time of his or her withdrawal from service
376		-	completed the age and service requirements established by the
377		-	Board of Control for eligibility for deferred benefits;
378		-	provided, that the minimum number of years of creditable
379		-	service shall not be less than 10 years nor more than 25
380		-	years.
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408		-	196 SB68 ~~EnrolledSB68 Enrolled~~
	404	+	196 SB68 INTRODUCEDSB68 INTRODUCED
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	406	+	b. Any Tier I plan member who has attained age 60, or
	407	+	age 52 in the case of a state policeman and any Tier II plan
	408	+	member who has attained age 62, or age 56 52 in the case of a
	409	+	state policeman, or age 56 in the case of a correctional
	410	+	officer, firefighter, or law enforcement officer as defined in
	411	+	Section 36-27-59 who has at least 10 years of creditable
	412	+	service as a correctional officer, firefighter, or law
	413	+	enforcement officer, and has previously withdrawn from service
	414	+	may retire upon written application to the Board of Control
	415	+	setting forth at what time, not less than 30 days nor more
	416	+	than 90 days subsequent to the execution and filing thereof,
	417	+	he or she desires to be retired; provided, the member shall
	418	+	have at the time of his or her withdrawal from service
	419	+	completed the age and service requirements established by the
	420	+	Board of Control for eligibility for deferred benefits;
	421	+	provided, that the minimum number of years of creditable
	422	+	service shall not be less than 10 years nor more than 25
	423	+	years.
410	424		c. In addition to any law or part of law relating to
411	425		service retirement under the Employees' Retirement System of
412	426		Alabama, any Tier I plan member of the Employees' Retirement
413	427		System or Tier II plan member employed as a state policeman
414	428		who withdraws from service after completion of not less than
415	429		25 years of creditable service, or any Tier II plan member who
416	430		withdraws from service after completion of not less than 30
417	431		years of creditable service, may retire without a reduction in
418	432		retirement allowance upon written application to the Board of
419	433		Control of the Employees' Retirement System setting forth the
420		-	first day of which month, not less than 30 days or more than
421		-	90 days subsequent to the execution and filing thereof, he or
422		-	she desires to be retired, provided that no person whose
423		-	employer participates in the Employees' Retirement System
424		-	under Section 36-27-6 shall be entitled to the benefits
425		-	provided in this paragraph for Tier I members unless the
426		-	employer elects to come under the provisions of the paragraph.
427		-	Any employer making this election must bear the cost of the
428		-	benefit.
429		-	(2) AMOUNT OF SERVICE RETIREMENT ALLOWANCE.
430		-	a. Upon retirement from service, a Tier I plan member
431		-	shall receive a service retirement allowance which shall
432		-	consist of:
433		-	1. An annuity which shall be the actuarial equivalent
434		-	of his or her accumulated contributions at the time of his or
435		-	her retirement; except, that in the case of a state policeman
436		-	who has completed 20 years of creditable service as a state
437		-	policeman who retires after age 56 but prior to age 60, the
438	434		197
439	435		198
440	436		199
441	437		200
442	438		201
443	439		202
444	440		203
445	441		204
446	442		205
447	443		206
448	444		207
449	445		208
450	446		209
451	447		210
452	448		211
453	449		212
454	450		213
455	451		214
456	452		215
457	453		216
458	454		217
459	455		218
460	456		219
461	457		220
462	458		221
463	459		222
464	460		223
465		-	224 SB68 ~~EnrolledSB68 Enrolled~~
	461	+	224 SB68 INTRODUCEDSB68 INTRODUCED
466	462		Page 9
	463	+	first day of which month, not less than 30 days or more than
	464	+	90 days subsequent to the execution and filing thereof, he or
	465	+	she desires to be retired, provided that no person whose
	466	+	employer participates in the Employees' Retirement System
	467	+	under Section 36-27-6 shall be entitled to the benefits
	468	+	provided in this paragraph for Tier I members unless the
	469	+	employer elects to come under the provisions of the paragraph.
	470	+	Any employer making this election must bear the cost of the
	471	+	benefit.
	472	+	(2) AMOUNT OF SERVICE RETIREMENT ALLOWANCE.
	473	+	a. Upon retirement from service, a Tier I plan member
	474	+	shall receive a service retirement allowance which shall
	475	+	consist of:
	476	+	1. An annuity which shall be the actuarial equivalent
	477	+	of his or her accumulated contributions at the time of his or
	478	+	her retirement; except, that in the case of a state policeman
	479	+	who has completed 20 years of creditable service as a state
	480	+	policeman who retires after age 56 but prior to age 60, the
467	481		annuity shall be equal to the annuity that would have been
468	482		payable upon service retirement at age 60 had the member
469	483		continued in service to age 60 without change in compensation;
470	484		2. A pension which shall be equal to the annuity
471	485		allowance at age of retirement, but not to exceed an annuity
472	486		allowable at age 65, computed on the basis of contributions
473	487		made prior to attainment of age 65; except, that in the case
474	488		of a state policeman who has completed 20 years of creditable
475	489		service as a state policeman who retires after age 56 but
476	490		prior to age 60, the pension shall be equal to the annuity
477		-	that he or she would have received had he or she contributed
478		-	to age 60 without change in compensation; and
479		-	3. An additional pension, if he or she has a prior
480		-	service certificate in full force and effect, which shall be
481		-	equal to the annuity which would have been provided at the age
482		-	of retirement, but which shall not exceed an annuity allowable
483		-	at age 65 by twice the contributions which he or she would
484		-	have made during the period of prior service with which he or
485		-	she is credited had the system been in operation and had he or
486		-	she contributed thereunder; except, that in case of a state
487		-	policeman who has completed 20 years of creditable service as
488		-	a state policeman who retired after age 56 but prior to age
489		-	60, an additional pension, if he or she has a prior service
490		-	certificate in full force and effect, which shall be equal to
491		-	the annuity which would have been provided at age 60, but
492		-	which shall not exceed an annuity allowable at age 60 by twice
493		-	the contributions which he or she would have made during the
494		-	period of prior service with which he or she is credited had
495	491		225
496	492		226
497	493		227
498	494		228
499	495		229
500	496		230
501	497		231
502	498		232
503	499		233
504	500		234
505	501		235
506	502		236
507	503		237
508	504		238
509	505		239
510	506		240
511	507		241
512	508		242
513	509		243
514	510		244
515	511		245
516	512		246
517	513		247
518	514		248
519	515		249
520	516		250
521	517		251
522		-	252 SB68 ~~EnrolledSB68 Enrolled~~
	518	+	252 SB68 INTRODUCEDSB68 INTRODUCED
523	519		Page 10
	520	+	that he or she would have received had he or she contributed
	521	+	to age 60 without change in compensation; and
	522	+	3. An additional pension, if he or she has a prior
	523	+	service certificate in full force and effect, which shall be
	524	+	equal to the annuity which would have been provided at the age
	525	+	of retirement, but which shall not exceed an annuity allowable
	526	+	at age 65 by twice the contributions which he or she would
	527	+	have made during the period of prior service with which he or
	528	+	she is credited had the system been in operation and had he or
	529	+	she contributed thereunder; except, that in case of a state
	530	+	policeman who has completed 20 years of creditable service as
	531	+	a state policeman who retired after age 56 but prior to age
	532	+	60, an additional pension, if he or she has a prior service
	533	+	certificate in full force and effect, which shall be equal to
	534	+	the annuity which would have been provided at age 60, but
	535	+	which shall not exceed an annuity allowable at age 60 by twice
	536	+	the contributions which he or she would have made during the
	537	+	period of prior service with which he or she is credited had
524	538		the system been in operation and had he or she contributed
525	539		thereunder.
526	540		b. Notwithstanding the provisions of subparagraphs 1.,
527	541		2., and 3. of paragraph a. of this subdivision, a state
528	542		policeman who is a Tier I plan member and who has completed 20
529	543		years of service as a state policeman who retires after age 52
530	544		but prior to age 56 shall receive:
531	545		1. An annuity which shall be equal to the annuity that
532	546		would have been payable had the member continued in service
533	547		for four years without change in compensation;
534		-	2. A pension which shall be equal to the annuity that
535		-	he or she would have received had he or she contributed for
536		-	four years without change in compensation; and
537		-	3. An additional pension, if he or she has a prior
538		-	service certificate in full force and effect, which shall be
539		-	equal to the annuity which would have been provided at the age
540		-	of retirement, but which shall not exceed an annuity allowable
541		-	at the age of retirement plus four years by twice the
542		-	contributions which he or she would have made during the
543		-	period of prior service with which he or she is credited had
544		-	the system been in operation and had he or she contributed
545		-	thereunder. In lieu of a determination of the actual
546		-	compensation of a member that was received during that prior
547		-	service, the Board of Control may use for the purpose of this
548		-	article the compensation rate which, if it had progressed with
549		-	the rates of salary increase shown in the tables as prescribed
550		-	in subsection (n) of Section 36-27-23, would have resulted in
551		-	the same average salary of the member for the five years
552	548		253
553	549		254
554	550		255
555	551		256
556	552		257
557	553		258
558	554		259
559	555		260
560	556		261
561	557		262
562	558		263
563	559		264
564	560		265
565	561		266
566	562		267
567	563		268
568	564		269
569	565		270
570	566		271
571	567		272
572	568		273
573	569		274
574	570		275
575	571		276
576	572		277
577	573		278
578	574		279
579		-	280 SB68 ~~EnrolledSB68 Enrolled~~
	575	+	280 SB68 INTRODUCEDSB68 INTRODUCED
580	576		Page 11
	577	+	2. A pension which shall be equal to the annuity that
	578	+	he or she would have received had he or she contributed for
	579	+	four years without change in compensation; and
	580	+	3. An additional pension, if he or she has a prior
	581	+	service certificate in full force and effect, which shall be
	582	+	equal to the annuity which would have been provided at the age
	583	+	of retirement, but which shall not exceed an annuity allowable
	584	+	at the age of retirement plus four years by twice the
	585	+	contributions which he or she would have made during the
	586	+	period of prior service with which he or she is credited had
	587	+	the system been in operation and had he or she contributed
	588	+	thereunder. In lieu of a determination of the actual
	589	+	compensation of a member that was received during that prior
	590	+	service, the Board of Control may use for the purpose of this
	591	+	article the compensation rate which, if it had progressed with
	592	+	the rates of salary increase shown in the tables as prescribed
	593	+	in subsection (n) of Section 36-27-23, would have resulted in
	594	+	the same average salary of the member for the five years
581	595		immediately preceding the date of establishment as the records
582	596		show the member actually received.
583	597		c. The annual service retirement pension payable to a
584	598		Tier I plan member not employed as a state policeman retiring
585	599		on or after October 1, 1975, shall not be less than an amount
586	600		which, when added to his or her annuity, is equal to the
587	601		greater of the following two amounts:
588	602		1. Two and one-eightieth percent of the member's
589	603		average final compensation multiplied by the number of years
590	604		of his or her creditable service; or
591		-	2. If he or she became a member before October 1, 1965,
592		-	seventy-two dollars ($72) multiplied by the number of years of
593		-	his or her creditable service not in excess of 25 years.
594		-	d. The annual service retirement pension payable to a
595		-	Tier I plan member employed as a state policeman retiring on
596		-	or after October 1, 1975, shall not be less than an amount
597		-	which, when added to his or her annuity, is equal to the
598		-	greater of the following two amounts:
599		-	1. Two and seven-eighths percent of the member's
600		-	average final compensation multiplied by the number of years
601		-	of his or her creditable service. Creditable service for any
602		-	state policeman under the age of 56 years who has completed 20
603		-	years of creditable service as a state policeman shall include
604		-	a bonus equal to four additional years. Creditable service for
605		-	a state policeman 56 years or older shall include a bonus
606		-	equal to the years or portion thereof remaining until the
607		-	member reaches age 60; or
608		-	2. If he or she became a member before October 1, 1965,
609	605		281
610	606		282
611	607		283
612	608		284
613	609		285
614	610		286
615	611		287
616	612		288
617	613		289
618	614		290
619	615		291
620	616		292
621	617		293
622	618		294
623	619		295
624	620		296
625	621		297
626	622		298
627	623		299
628	624		300
629	625		301
630	626		302
631	627		303
632	628		304
633	629		305
634	630		306
635	631		307
636		-	308 SB68 ~~EnrolledSB68 Enrolled~~
	632	+	308 SB68 INTRODUCEDSB68 INTRODUCED
637	633		Page 12
	634	+	2. If he or she became a member before October 1, 1965,
	635	+	seventy-two dollars ($72) multiplied by the number of years of
	636	+	his or her creditable service not in excess of 25 years.
	637	+	d. The annual service retirement pension payable to a
	638	+	Tier I plan member employed as a state policeman retiring on
	639	+	or after October 1, 1975, shall not be less than an amount
	640	+	which, when added to his or her annuity, is equal to the
	641	+	greater of the following two amounts:
	642	+	1. Two and seven-eighths percent of the member's
	643	+	average final compensation multiplied by the number of years
	644	+	of his or her creditable service. Creditable service for any
	645	+	state policeman under the age of 56 years who has completed 20
	646	+	years of creditable service as a state policeman shall include
	647	+	a bonus equal to four additional years. Creditable service for
	648	+	a state policeman 56 years or older shall include a bonus
	649	+	equal to the years or portion thereof remaining until the
	650	+	member reaches age 60; or
	651	+	2. If he or she became a member before October 1, 1965,
638	652		eighty-six dollars forty cents ($86.40) multiplied by the
639	653		number of years of his or her creditable service not in excess
640	654		of 25 years; provided, however, that if the member has
641	655		completed 20 years of creditable service as a state policeman
642	656		and has not attained age 60 at the time of retirement, the
643	657		pension shall be determined as provided in this subparagraph
644	658		on the basis of the number of years of creditable service
645	659		which he or she would have had if he or she had remained in
646	660		service for four years, except that, in the case of those
647	661		state policemen retiring at age 56 or after, the number of
648		-	years in determining the pension shall not exceed the number
649		-	of years of creditable service which he or she would have had
650		-	if he or she had remained in service to age 60.
651		-	e. Upon retirement from service, a Tier II plan member
652		-	who is not employed as a state policeman shall receive a
653		-	service retirement allowance which shall consist of an annuity
654		-	which shall be the actuarial equivalent of the member's
655		-	accumulated contributions at the time of retirement and a
656		-	pension which, when added to the member's annuity, shall be
657		-	equal to one and sixty-five hundredths percent (1.65%) of the
658		-	member's average final compensation multiplied by the number
659		-	of years of creditable service. The service retirement
660		-	allowance for a member who retires with 30 years of creditable
661		-	service before reaching the age of 62 shall be reduced by two
662		-	percent (2%) for each year of the difference between age 62
663		-	and the age at retirement of the member. Notwithstanding the
664		-	foregoing, the service retirement allowance shall not exceed
665		-	eighty percent (80%) of the member's average final
666	662		309
667	663		310
668	664		311
669	665		312
670	666		313
671	667		314
672	668		315
673	669		316
674	670		317
675	671		318
676	672		319
677	673		320
678	674		321
679	675		322
680	676		323
681	677		324
682	678		325
683	679		326
684	680		327
685	681		328
686	682		329
687	683		330
688	684		331
689	685		332
690	686		333
691	687		334
692	688		335
693		-	336 SB68 ~~EnrolledSB68 Enrolled~~
	689	+	336 SB68 INTRODUCEDSB68 INTRODUCED
694	690		Page 13
	691	+	years in determining the pension shall not exceed the number
	692	+	of years of creditable service which he or she would have had
	693	+	if he or she had remained in service to age 60.
	694	+	e. Upon retirement from service, a Tier II plan member
	695	+	who is not employed as a state policeman shall receive a
	696	+	service retirement allowance which shall consist of an annuity
	697	+	which shall be the actuarial equivalent of the member's
	698	+	accumulated contributions at the time of retirement and a
	699	+	pension which, when added to the member's annuity, shall be
	700	+	equal to one and sixty-five hundredths percent (1.65%) of the
	701	+	member's average final compensation multiplied by the number
	702	+	of years of creditable service. The service retirement
	703	+	allowance for a member who retires with 30 years of creditable
	704	+	service before reaching the age of 62 shall be reduced by two
	705	+	percent (2%) for each year of the difference between age 62
	706	+	and the age at retirement of the member. Notwithstanding the
	707	+	foregoing, the service retirement allowance shall not exceed
	708	+	eighty percent (80%) of the member's average final
695	709		compensation.
696	710		f. Upon retirement from service, a Tier II plan member
697	711		who is employed as a state policeman shall receive a service
698	712		retirement allowance which shall consist of an annuity which
699	713		shall be the actuarial equivalent of the member's accumulated
700	714		contributions at the time of retirement and a pension which,
701	715		when added to the member's annuity, shall be equal to two and
702	716		three-eighths percent (2.375%) of the member's average final
703	717		compensation multiplied by the member's number of years of
704	718		creditable service. The service retirement allowance for a
705		-	member who retires with 30 years of creditable service before
706		-	reaching the age of 62 shall be reduced by two percent (2%)
707		-	for each year of the difference between age 62 and the age at
708		-	retirement of the member. Notwithstanding the foregoing, the
709		-	service retirement allowance shall not exceed eighty percent
710		-	(80%) of the member's average final compensation. Creditable
711		-	service for any Tier II plan member who is employed as a state
712		-	policeman shall include one year of hazardous duty time for
713		-	every five years of service as a state policeman.
714		-	g. Anything in this article to the contrary
715		-	notwithstanding, in the application of the foregoing
716		-	provisions of this subdivision to a member whose creditable
717		-	service includes a period of service as a state policeman and
718		-	a period of service in another employment classification, the
719		-	benefit rates applicable to a member employed as a state
720		-	policeman shall apply to all creditable service as a state
721		-	policeman, and the benefit rates applicable to a member not
722		-	employed as a state policeman shall apply to all creditable
723	719		337
724	720		338
725	721		339
726	722		340
727	723		341
728	724		342
729	725		343
730	726		344
731	727		345
732	728		346
733	729		347
734	730		348
735	731		349
736	732		350
737	733		351
738	734		352
739	735		353
740	736		354
741	737		355
742	738		356
743	739		357
744	740		358
745	741		359
746	742		360
747	743		361
748	744		362
749	745		363
750		-	364 SB68 ~~EnrolledSB68 Enrolled~~
	746	+	364 SB68 INTRODUCEDSB68 INTRODUCED
751	747		Page 14
	748	+	member who retires with 30 years of creditable service before
	749	+	reaching the age of 62 shall be reduced by two percent (2%)
	750	+	for each year of the difference between age 62 and the age at
	751	+	retirement of the member. Notwithstanding the foregoing, the
	752	+	service retirement allowance shall not exceed eighty percent
	753	+	(80%) of the member's average final compensation. Creditable
	754	+	service for any Tier II plan member who is employed as a state
	755	+	policeman shall include one year of hazardous duty time for
	756	+	every five years of service as a state policeman.
	757	+	g. Anything in this article to the contrary
	758	+	notwithstanding, in the application of the foregoing
	759	+	provisions of this subdivision to a member whose creditable
	760	+	service includes a period of service as a state policeman and
	761	+	a period of service in another employment classification, the
	762	+	benefit rates applicable to a member employed as a state
	763	+	policeman shall apply to all creditable service as a state
	764	+	policeman, and the benefit rates applicable to a member not
	765	+	employed as a state policeman shall apply to all creditable
752	766		service, but in all other respects the pension under this
753	767		subdivision shall be determined on the basis of the member's
754	768		employment classification at the time of his or her withdrawal
755	769		from service.
756	770		h. The annual service retirement pension payable to any
757	771		state employee who had attained age 60 on or before October 1,
758	772		1945, who declined membership in the Employees' Retirement
759	773		System of Alabama in the manner prescribed in Section 36-27-4
760	774		and who retires as a state employee after completing a minimum
761	775		of 15 years' service shall be seventy-two dollars ($72)
762		-	multiplied by the number of years of his or her service not in
763		-	excess of 25 years.
764		-	(b)(1) RETIREMENT OF DISABLED EMPLOYEES; ELIGIBILITY
765		-	FOR DISABILITY RETIREMENT BENEFITS.
766		-	a. Upon application of a Tier I plan member in service
767		-	or of his or her employer, any member who has had 10 or more
768		-	years of creditable service who becomes disabled may be
769		-	retired on a disability retirement allowance by the Board of
770		-	Control not less than 30 nor more than 90 days next following
771		-	the date of filing of the application; provided, that the
772		-	medical board, after a medical examination of the member,
773		-	shall certify that the member is mentally or physically
774		-	incapacitated for the further performance of duty, that the
775		-	incapacity is likely to be permanent and that the member
776		-	should be retired. Upon the application of a Tier II plan
777		-	member in service or his or her employer, any member who has
778		-	had 10 or more years of creditable service may be retired by
779		-	the Board of Control on a disability retirement allowance not
780	776		365
781	777		366
782	778		367
783	779		368
784	780		369
785	781		370
786	782		371
787	783		372
788	784		373
789	785		374
790	786		375
791	787		376
792	788		377
793	789		378
794	790		379
795	791		380
796	792		381
797	793		382
798	794		383
799	795		384
800	796		385
801	797		386
802	798		387
803	799		388
804	800		389
805	801		390
806	802		391
807		-	392 SB68 ~~EnrolledSB68 Enrolled~~
	803	+	392 SB68 INTRODUCEDSB68 INTRODUCED
808	804		Page 15
	805	+	multiplied by the number of years of his or her service not in
	806	+	excess of 25 years.
	807	+	(b)(1) RETIREMENT OF DISABLED EMPLOYEES; ELIGIBILITY
	808	+	FOR DISABILITY RETIREMENT BENEFITS.
	809	+	a. Upon application of a Tier I plan member in service
	810	+	or of his or her employer, any member who has had 10 or more
	811	+	years of creditable service who becomes disabled may be
	812	+	retired on a disability retirement allowance by the Board of
	813	+	Control not less than 30 nor more than 90 days next following
	814	+	the date of filing of the application; provided, that the
	815	+	medical board, after a medical examination of the member,
	816	+	shall certify that the member is mentally or physically
	817	+	incapacitated for the further performance of duty, that the
	818	+	incapacity is likely to be permanent and that the member
	819	+	should be retired. Upon the application of a Tier II plan
	820	+	member in service or his or her employer, any member who has
	821	+	had 10 or more years of creditable service may be retired by
	822	+	the Board of Control on a disability retirement allowance not
809	823		less than 30 nor more than 90 days next following the date of
810	824		filing the application; provided, that the medical board,
811	825		after a medical examination of the member, shall certify that
812	826		the member is totally and permanently mentally or physically
813	827		incapacitated from regular and substantial gainful employment,
814	828		and that member should be retired.
815	829		b. Without regard to the number of years of creditable
816	830		service, a member employed as a state policeman, a municipal
817	831		police officer or a deputy sheriff, or a member employed as a
818	832		state, municipal, or county firefighter who is not covered
819		-	through his or her current employer under the United States
820		-	Social Security Act, who as a result of his or her employment,
821		-	in the line of duty and not as a result of his or her own
822		-	misconduct, shall become permanently and totally disabled to
823		-	the extent that he or she cannot perform his or her duties or
824		-	duties of a less strenuous nature, as an employee of the State
825		-	of Alabama or as an employee of an employer participating
826		-	under the provisions of Section 36-27-6, shall be retired on a
827		-	disability retirement allowance, not less than 30 nor more
828		-	than 90 days next following the date of filing of the
829		-	application, provided that the medical board, after a medical
830		-	examination of the member shall certify that the member is
831		-	mentally or physically incapacitated for the further
832		-	performance of duty, that the incapacity is likely to be
833		-	permanent, and that the member should be retired.
834		-	(2) AMOUNT OF DISABILITY RETIREMENT ALLOWANCE.
835		-	a. Upon retirement for disability a member shall
836		-	receive a service retirement allowance based on age and
837	833		393
838	834		394
839	835		395
840	836		396
841	837		397
842	838		398
843	839		399
844	840		400
845	841		401
846	842		402
847	843		403
848	844		404
849	845		405
850	846		406
851	847		407
852	848		408
853	849		409
854	850		410
855	851		411
856	852		412
857	853		413
858	854		414
859	855		415
860	856		416
861	857		417
862	858		418
863	859		419
864		-	420 SB68 ~~EnrolledSB68 Enrolled~~
	860	+	420 SB68 INTRODUCEDSB68 INTRODUCED
865	861		Page 16
	862	+	through his or her current employer under the United States
	863	+	Social Security Act, who as a result of his or her employment,
	864	+	in the line of duty and not as a result of his or her own
	865	+	misconduct, shall become permanently and totally disabled to
	866	+	the extent that he or she cannot perform his or her duties or
	867	+	duties of a less strenuous nature, as an employee of the State
	868	+	of Alabama or as an employee of an employer participating
	869	+	under the provisions of Section 36-27-6, shall be retired on a
	870	+	disability retirement allowance, not less than 30 nor more
	871	+	than 90 days next following the date of filing of the
	872	+	application, provided that the medical board, after a medical
	873	+	examination of the member shall certify that the member is
	874	+	mentally or physically incapacitated for the further
	875	+	performance of duty, that the incapacity is likely to be
	876	+	permanent, and that the member should be retired.
	877	+	(2) AMOUNT OF DISABILITY RETIREMENT ALLOWANCE.
	878	+	a. Upon retirement for disability a member shall
	879	+	receive a service retirement allowance based on age and
866	880		service if he or she is a Tier I plan member and he or she has
867	881		attained age 60 or if he or she is a Tier II plan member and
868	882		he or she has attained age 62, or if any law or part of any
869	883		law pertaining to retirement under the Employees' Retirement
870	884		System of Alabama provides for service retirement after the
871	885		completion of 25 years of creditable service or 30 years of
872	886		creditable service without a reduction in the retirement
873	887		allowance and the member has completed 25 years of creditable
874	888		service or 30 years of creditable service, whichever is
875	889		applicable, or, in the case of a state policeman, if he or she
876		-	is a Tier I plan member and he or she has attained age 52 or,
877		-	in the case of a state policeman or a correctional officer,
878		-	firefighter, or law enforcement officer as defined in Section
879		-	36-27-59 with at least 10 years of creditable service as a
880		-	correctional officer, firefighter, or law enforcement officer,
881		-	if he or she is a Tier II plan member and he or she has
882		-	attained age 56 otherwise eligible to retire ; otherwise, he or
883		-	she shall receive a disability retirement allowance which
884		-	shall consist of:
885		-	1. An annuity which shall be the actuarial equivalent
886		-	of his or her accumulated contributions at the time of his or
887		-	her retirement;
888		-	2. A pension which shall be equal to the pension that
889		-	would have been payable under subparagraphs (a)(2)a.2. and
890		-	(a)(2)a.3. of this section upon service retirement at age 65
891		-	had the member continued in service to that age without change
892		-	in compensation.
893		-	b. The annual disability retirement pension payable to
894	890		421
895	891		422
896	892		423
897	893		424
898	894		425
899	895		426
900	896		427
901	897		428
902	898		429
903	899		430
904	900		431
905	901		432
906	902		433
907	903		434
908	904		435
909	905		436
910	906		437
911	907		438
912	908		439
913	909		440
914	910		441
915	911		442
916	912		443
917	913		444
918	914		445
919	915		446
920	916		447
921		-	448 SB68 ~~EnrolledSB68 Enrolled~~
	917	+	448 SB68 INTRODUCEDSB68 INTRODUCED
922	918		Page 17
	919	+	is a Tier I plan member and he or she has attained age 52 or,
	920	+	in the case of a state policeman or a correctional officer,
	921	+	firefighter, or law enforcement officer as defined in Section
	922	+	36-27-59 with at least 10 years of creditable service as a
	923	+	correctional officer, firefighter, or law enforcement officer,
	924	+	if he or she is a Tier II plan member and he or she has
	925	+	attained age 56 otherwise eligible to retire ; otherwise, he or
	926	+	she shall receive a disability retirement allowance which
	927	+	shall consist of:
	928	+	1. An annuity which shall be the actuarial equivalent
	929	+	of his or her accumulated contributions at the time of his or
	930	+	her retirement;
	931	+	2. A pension which shall be equal to the pension that
	932	+	would have been payable under subparagraphs (a)(2)a.2. and
	933	+	(a)(2)a.3. of this section upon service retirement at age 65
	934	+	had the member continued in service to that age without change
	935	+	in compensation.
	936	+	b. The annual disability retirement pension payable to
923	937		a Tier I plan member not employed as a state policeman
924	938		retiring on or after October 1, 1975, shall not be less than
925	939		an amount which when added to his or her annuity is equal to
926	940		the greatest of the following two amounts:
927	941		1. Two and one-eightieth percent of the member's
928	942		average final compensation multiplied by the number of years
929	943		of creditable service.
930	944		2. If he or she became a member before October 1, 1965,
931	945		fifty-four dollars ($54) multiplied by the number of years of
932	946		his or her creditable service not in excess of 25 years.
933		-	c. The annual disability retirement pension payable to
934		-	a Tier I plan member employed as a state policeman retiring on
935		-	or after October 1, 1975, shall not be less than an amount
936		-	which when added to his or her annuity is equal to the greater
937		-	of the following two amounts:
938		-	1. Two and seven-eighths percent of the member's
939		-	average final compensation multiplied by the number of years
940		-	of his or her creditable service. Creditable service for any
941		-	state policeman under the age of 56 years who has completed 20
942		-	years of creditable service as a state policeman shall include
943		-	a bonus equal to four additional years. Creditable service for
944		-	a state policeman 56 years or older shall include a bonus
945		-	equal to the years or portion thereof remaining until the
946		-	member reaches age 60; or
947		-	2. If he or she became a member before October 1, 1965,
948		-	sixty-four dollars eighty cents ($64.80) multiplied by the
949		-	number of years of his or her creditable service not in excess
950		-	of 25 years.
951	947		449
952	948		450
953	949		451
954	950		452
955	951		453
956	952		454
957	953		455
958	954		456
959	955		457
960	956		458
961	957		459
962	958		460
963	959		461
964	960		462
965	961		463
966	962		464
967	963		465
968	964		466
969	965		467
970	966		468
971	967		469
972	968		470
973	969		471
974	970		472
975	971		473
976	972		474
977	973		475
978		-	476 SB68 ~~EnrolledSB68 Enrolled~~
	974	+	476 SB68 INTRODUCEDSB68 INTRODUCED
979	975		Page 18
	976	+	c. The annual disability retirement pension payable to
	977	+	a Tier I plan member employed as a state policeman retiring on
	978	+	or after October 1, 1975, shall not be less than an amount
	979	+	which when added to his or her annuity is equal to the greater
	980	+	of the following two amounts:
	981	+	1. Two and seven-eighths percent of the member's
	982	+	average final compensation multiplied by the number of years
	983	+	of his or her creditable service. Creditable service for any
	984	+	state policeman under the age of 56 years who has completed 20
	985	+	years of creditable service as a state policeman shall include
	986	+	a bonus equal to four additional years. Creditable service for
	987	+	a state policeman 56 years or older shall include a bonus
	988	+	equal to the years or portion thereof remaining until the
	989	+	member reaches age 60; or
	990	+	2. If he or she became a member before October 1, 1965,
	991	+	sixty-four dollars eighty cents ($64.80) multiplied by the
	992	+	number of years of his or her creditable service not in excess
	993	+	of 25 years.
980	994		d. The annual disability retirement allowance payable
981	995		to a Tier II plan member not employed as a state policeman
982	996		shall be equal to one and sixty-five hundredths percent
983	997		(1.65%) of the member's average final compensation multiplied
984	998		by the number of years of creditable service.
985	999		e. The annual disability retirement allowance payable
986	1000		to a Tier II plan member employed as a state policeman shall
987	1001		be equal to two and three-eighths percent (2.375%) of the
988	1002		member's average final compensation multiplied by the number
989	1003		of years of creditable service.
990		-	f. Anything in this chapter to the contrary
991		-	notwithstanding in the application of the provisions of this
992		-	subdivision to a member whose creditable service includes a
993		-	period of service as a state policeman and a period of service
994		-	in another employment classification the benefit rates
995		-	applicable to a member employed as a state policeman shall
996		-	apply to all creditable service as a state policeman, and the
997		-	benefit rates applicable to a member not employed as a state
998		-	policeman shall apply to all other creditable service, but in
999		-	all other respects the pension under this subdivision shall be
1000		-	determined on the basis of the member's employment
1001		-	classification at the time of his or her withdrawal from
1002		-	service.
1003		-	(3) REEXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT
1004		-	OF DISABILITY. Once each year during the first five years
1005		-	following the retirement of a member on a disability
1006		-	retirement allowance and once every three-year period
1007		-	thereafter, the Board of Control may, and upon his or her
1008	1004		477
1009	1005		478
1010	1006		479
1011	1007		480
1012	1008		481
1013	1009		482
1014	1010		483
1015	1011		484
1016	1012		485
1017	1013		486
1018	1014		487
1019	1015		488
1020	1016		489
1021	1017		490
1022	1018		491
1023	1019		492
1024	1020		493
1025	1021		494
1026	1022		495
1027	1023		496
1028	1024		497
1029	1025		498
1030	1026		499
1031	1027		500
1032	1028		501
1033	1029		502
1034	1030		503
1035		-	504 SB68 ~~EnrolledSB68 Enrolled~~
	1031	+	504 SB68 INTRODUCEDSB68 INTRODUCED
1036	1032		Page 19
	1033	+	f. Anything in this chapter to the contrary
	1034	+	notwithstanding in the application of the provisions of this
	1035	+	subdivision to a member whose creditable service includes a
	1036	+	period of service as a state policeman and a period of service
	1037	+	in another employment classification the benefit rates
	1038	+	applicable to a member employed as a state policeman shall
	1039	+	apply to all creditable service as a state policeman, and the
	1040	+	benefit rates applicable to a member not employed as a state
	1041	+	policeman shall apply to all other creditable service, but in
	1042	+	all other respects the pension under this subdivision shall be
	1043	+	determined on the basis of the member's employment
	1044	+	classification at the time of his or her withdrawal from
	1045	+	service.
	1046	+	(3) REEXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT
	1047	+	OF DISABILITY. Once each year during the first five years
	1048	+	following the retirement of a member on a disability
	1049	+	retirement allowance and once every three-year period
	1050	+	thereafter, the Board of Control may, and upon his or her
1037	1051		application shall, require any disability beneficiary who has
1038	1052		not yet attained age 60 if the beneficiary is a Tier I plan
1039	1053		member or age 62 if the beneficiary is a Tier II plan member
1040	1054		to undergo a medical examination, the examination to be made
1041	1055		at the place of residence of the beneficiary or other place
1042	1056		mutually agreed upon by a physician or physicians of or
1043	1057		designated by the medical board. Should any disability
1044	1058		beneficiary who has not yet attained age 60 , if the
1045	1059		beneficiary is a Tier I plan member or age 62 , if the
1046	1060		beneficiary is a Tier II plan member , refuse to submit to the
1047		-	medical examination, his or her allowance may be discontinued
1048		-	until his or her withdrawal of the refusal, and, should his or
1049		-	her refusal continue for one year, all his or her rights in
1050		-	and to his or her pension may be revoked by the Board of
1051		-	Control; provided, that these requirements relative to the
1052		-	medical examination shall not apply in the case of a state
1053		-	policeman retired for disability and who has attained age 52
1054		-	if he or she is a Tier I plan member or in the case of a state
1055		-	policeman or a correctional officer, firefighter, or law
1056		-	enforcement officer as defined in Section 36-27-59 with at
1057		-	least 10 years of creditable service as a correctional
1058		-	officer, firefighter, or law enforcement officer retired for
1059		-	disability who has attained age 56 if he or she is a Tier II
1060		-	plan member. Should the medical board report and certify to
1061		-	the Board of Control that a disability beneficiary who is a
1062		-	Tier I plan member is engaged in or is able to engage in a
1063		-	gainful occupation paying more than the difference between his
1064		-	or her retirement allowance and his or her average final
1065	1061		505
1066	1062		506
1067	1063		507
1068	1064		508
1069	1065		509
1070	1066		510
1071	1067		511
1072	1068		512
1073	1069		513
1074	1070		514
1075	1071		515
1076	1072		516
1077	1073		517
1078	1074		518
1079	1075		519
1080	1076		520
1081	1077		521
1082	1078		522
1083	1079		523
1084	1080		524
1085	1081		525
1086	1082		526
1087	1083		527
1088	1084		528
1089	1085		529
1090	1086		530
1091	1087		531
1092		-	532 SB68 ~~EnrolledSB68 Enrolled~~
	1088	+	532 SB68 INTRODUCEDSB68 INTRODUCED
1093	1089		Page 20
	1090	+	medical examination, his or her allowance may be discontinued
	1091	+	until his or her withdrawal of the refusal, and, should his or
	1092	+	her refusal continue for one year, all his or her rights in
	1093	+	and to his or her pension may be revoked by the Board of
	1094	+	Control; provided, that these requirements relative to the
	1095	+	medical examination shall not apply in the case of a state
	1096	+	policeman retired for disability and who has attained age 52
	1097	+	if he or she is a Tier I plan member or in the case of a state
	1098	+	policeman or a correctional officer, firefighter, or law
	1099	+	enforcement officer as defined in Section 36-27-59 with at
	1100	+	least 10 years of creditable service as a correctional
	1101	+	officer, firefighter, or law enforcement officer retired for
	1102	+	disability who has attained age 56 if he or she is a Tier II
	1103	+	plan member. Should the medical board report and certify to
	1104	+	the Board of Control that a disability beneficiary who is a
	1105	+	Tier I plan member is engaged in or is able to engage in a
	1106	+	gainful occupation paying more than the difference between his
	1107	+	or her retirement allowance and his or her average final
1094	1108		compensation and should the Board of Control concur in the
1095	1109		report, then the amount of his or her pension shall be reduced
1096	1110		to an amount which, together with his or her annuity and the
1097	1111		amount earnable by him or her, shall equal the amount of his
1098	1112		or her average final compensation. Should his or her earning
1099	1113		capacity be later changed, the amount of his or her pension
1100	1114		may be further modified; provided, that the new pension shall
1101	1115		not exceed the amount of the pension originally granted nor an
1102	1116		amount which, when added to the amount earnable by the
1103	1117		beneficiary, together with this annuity exceeds the amount of
1104		-	his or her average final compensation.
1105		-	Should the medical board report and certify to the
1106		-	Board of Control that a disability beneficiary who is a Tier
1107		-	II plan member has the capacity to engage in regular and
1108		-	substantial gainful employment, the Board of Control shall
1109		-	discontinue the beneficiary's retirement allowance until the
1110		-	beneficiary is otherwise eligible for service retirement.
1111		-	(c) Disposition of contributions and allowances upon
1112		-	death, etc., of member.
1113		-	(1) Should a member cease to be an employee except by
1114		-	death or by retirement under the provisions of this article,
1115		-	the contributions standing to the credit of his or her
1116		-	individual account in the Annuity Savings Fund shall be paid
1117		-	to him or her upon demand and, in addition to the payment,
1118		-	there shall be paid five-tenths of the interest accumulations
1119		-	standing to the credit of his or her individual account if he
1120		-	or she shall have not less than three but less than 16 years
1121		-	of membership service, six-tenths of the interest
1122	1118		533
1123	1119		534
1124	1120		535
1125	1121		536
1126	1122		537
1127	1123		538
1128	1124		539
1129	1125		540
1130	1126		541
1131	1127		542
1132	1128		543
1133	1129		544
1134	1130		545
1135	1131		546
1136	1132		547
1137	1133		548
1138	1134		549
1139	1135		550
1140	1136		551
1141	1137		552
1142	1138		553
1143	1139		554
1144	1140		555
1145	1141		556
1146	1142		557
1147	1143		558
1148	1144		559
1149		-	560 SB68 ~~EnrolledSB68 Enrolled~~
	1145	+	560 SB68 INTRODUCEDSB68 INTRODUCED
1150	1146		Page 21
	1147	+	his or her average final compensation.
	1148	+	Should the medical board report and certify to the
	1149	+	Board of Control that a disability beneficiary who is a Tier
	1150	+	II plan member has the capacity to engage in regular and
	1151	+	substantial gainful employment, the Board of Control shall
	1152	+	discontinue the beneficiary's retirement allowance until the
	1153	+	beneficiary is otherwise eligible for service retirement.
	1154	+	(c) Disposition of contributions and allowances upon
	1155	+	death, etc., of member.
	1156	+	(1) Should a member cease to be an employee except by
	1157	+	death or by retirement under the provisions of this article,
	1158	+	the contributions standing to the credit of his or her
	1159	+	individual account in the Annuity Savings Fund shall be paid
	1160	+	to him or her upon demand and, in addition to the payment,
	1161	+	there shall be paid five-tenths of the interest accumulations
	1162	+	standing to the credit of his or her individual account if he
	1163	+	or she shall have not less than three but less than 16 years
	1164	+	of membership service, six-tenths of the interest
1151	1165		accumulations if he or she shall have not less than 16 but
1152	1166		less than 21 years of membership service, seven-tenths of the
1153	1167		interest accumulations if he or she shall have not less than
1154	1168		21 but less than 26 years of membership service and
1155	1169		eight-tenths of the interest accumulations if he or she shall
1156	1170		have not less than 26 years of membership service.
1157	1171		(2) In case of the death of a member eligible for
1158	1172		service retirement pursuant to subsection (a), an allowance
1159	1173		shall be paid to the surviving spouse, if designated as the
1160	1174		sole beneficiary, in an amount that would have been payable if
1161		-	the member had retired immediately prior to his or her death
1162		-	and had elected Option 2, as set forth in subsection (d), or
1163		-	to such other person who the member shall have designated, in
1164		-	an amount that would have been payable if the member had
1165		-	retired immediately prior to his or her death and had elected
1166		-	Option 3, as set forth in subsection (d). Alternatively, if
1167		-	the surviving spouse or other designee desires, he or she may
1168		-	choose to receive, in lieu of the allowance provided under
1169		-	Option 2 or Option 3, the accumulated contributions of the
1170		-	member plus an amount equal to the accumulated contributions
1171		-	of the member not to exceed five thousand dollars ($5,000) or
1172		-	the accumulated contributions of the member plus the benefit
1173		-	provided by Section 36-27B-3 if a benefit is payable under
1174		-	that section;
1175		-	(3) In case of the death of a Tier I plan member not
1176		-	eligible for service retirement, after completion of 25 years
1177		-	of creditable service, an allowance shall be paid to the
1178		-	surviving spouse, if designated as the sole beneficiary, in an
1179	1175		561
1180	1176		562
1181	1177		563
1182	1178		564
1183	1179		565
1184	1180		566
1185	1181		567
1186	1182		568
1187	1183		569
1188	1184		570
1189	1185		571
1190	1186		572
1191	1187		573
1192	1188		574
1193	1189		575
1194	1190		576
1195	1191		577
1196	1192		578
1197	1193		579
1198	1194		580
1199	1195		581
1200	1196		582
1201	1197		583
1202	1198		584
1203	1199		585
1204	1200		586
1205	1201		587
1206		-	588 SB68 ~~EnrolledSB68 Enrolled~~
	1202	+	588 SB68 INTRODUCEDSB68 INTRODUCED
1207	1203		Page 22
	1204	+	the member had retired immediately prior to his or her death
	1205	+	and had elected Option 2, as set forth in subsection (d), or
	1206	+	to such other person who the member shall have designated, in
	1207	+	an amount that would have been payable if the member had
	1208	+	retired immediately prior to his or her death and had elected
	1209	+	Option 3, as set forth in subsection (d). Alternatively, if
	1210	+	the surviving spouse or other designee desires, he or she may
	1211	+	choose to receive, in lieu of the allowance provided under
	1212	+	Option 2 or Option 3, the accumulated contributions of the
	1213	+	member plus an amount equal to the accumulated contributions
	1214	+	of the member not to exceed five thousand dollars ($5,000) or
	1215	+	the accumulated contributions of the member plus the benefit
	1216	+	provided by Section 36-27B-3 if a benefit is payable under
	1217	+	that section;
	1218	+	(3) In case of the death of a Tier I plan member not
	1219	+	eligible for service retirement, after completion of 25 years
	1220	+	of creditable service, an allowance shall be paid to the
	1221	+	surviving spouse, if designated as the sole beneficiary, in an
1208	1222		amount that would have been payable if the member had retired
1209	1223		immediately prior to his or her death and had elected Option
1210	1224		2, as set forth in subsection (d), or to such other person who
1211	1225		the member shall have designated, in an amount that would have
1212	1226		been payable if the member had retired for disability
1213	1227		immediately prior to his or her death and had elected Option 3
1214	1228		as set forth in subsection (d). Alternatively, if the
1215	1229		surviving spouse or other designee desires, he or she may
1216	1230		choose to receive, in lieu of the allowance provided under
1217	1231		Option 2 or Option 3, the accumulated contributions of the
1218		-	member plus an amount equal to the accumulated contributions
1219		-	of the member not to exceed five thousand dollars ($5,000) or
1220		-	the accumulated contributions of the member plus the benefit
1221		-	provided by Section 36-27B-3 if a benefit is payable under
1222		-	that section. For purposes of this subsection only, hazardous
1223		-	duty time, as set forth in subdivision (b)(1) of Section
1224		-	36-27-59, may be used in calculating the requisite years of
1225		-	service for firefighters, law enforcement officers, and
1226		-	correctional officers even if the member has not otherwise
1227		-	attained 25 years of creditable service;
1228		-	(4) Upon the death of a member on account of whom no
1229		-	survivor allowance is payable under subdivisions (2) or (3) of
1230		-	this subsection, the accumulated contributions of the member
1231		-	plus an amount equal to the accumulated contributions not to
1232		-	exceed five thousand dollars ($5,000) or the accumulated
1233		-	contributions of the member plus the benefit provided by
1234		-	Section 36-27B-3 if a benefit is payable under that section
1235		-	shall be paid to his or her estate or to such person as he or
1236	1232		589
1237	1233		590
1238	1234		591
1239	1235		592
1240	1236		593
1241	1237		594
1242	1238		595
1243	1239		596
1244	1240		597
1245	1241		598
1246	1242		599
1247	1243		600
1248	1244		601
1249	1245		602
1250	1246		603
1251	1247		604
1252	1248		605
1253	1249		606
1254	1250		607
1255	1251		608
1256	1252		609
1257	1253		610
1258	1254		611
1259	1255		612
1260	1256		613
1261	1257		614
1262	1258		615
1263		-	616 SB68 ~~EnrolledSB68 Enrolled~~
	1259	+	616 SB68 INTRODUCEDSB68 INTRODUCED
1264	1260		Page 23
	1261	+	member plus an amount equal to the accumulated contributions
	1262	+	of the member not to exceed five thousand dollars ($5,000) or
	1263	+	the accumulated contributions of the member plus the benefit
	1264	+	provided by Section 36-27B-3 if a benefit is payable under
	1265	+	that section. For purposes of this subsection only, hazardous
	1266	+	duty time, as set forth in subdivision (b)(1) of Section
	1267	+	36-27-59, may be used in calculating the requisite years of
	1268	+	service for firefighters, law enforcement officers, and
	1269	+	correctional officers even if the member has not otherwise
	1270	+	attained 25 years of creditable service;
	1271	+	(4) Upon the death of a member on account of whom no
	1272	+	survivor allowance is payable under subdivisions (2) or (3) of
	1273	+	this subsection, the accumulated contributions of the member
	1274	+	plus an amount equal to the accumulated contributions not to
	1275	+	exceed five thousand dollars ($5,000) or the accumulated
	1276	+	contributions of the member plus the benefit provided by
	1277	+	Section 36-27B-3 if a benefit is payable under that section
	1278	+	shall be paid to his or her estate or to such person as he or
1265	1279		she shall have nominated by written designation duly executed
1266	1280		and filed with the Board of Control.
1267	1281		(d) Optional allowances. With the provision that the
1268	1282		election of an option shall be effective on the effective date
1269	1283		of retirement, any member may elect prior to retirement to
1270	1284		receive, in lieu of his or her retirement allowance payable
1271	1285		throughout life, the actuarial equivalent, at that time, of
1272	1286		his or her retirement allowance in a reduced retirement
1273	1287		allowance payable throughout life with the provisions that:
1274	1288		(1) OPTION 1. If he or she dies before he or she has
1275		-	received in annuity payments the present value of his or her
1276		-	annuity as it was at the time of his or her retirement, the
1277		-	balance shall be paid to his or her legal representatives or
1278		-	to the person as he or she shall nominate by written
1279		-	designation duly acknowledged and filed with the Board of
1280		-	Control;
1281		-	(2) OPTION 2. Upon his or her death, his or her reduced
1282		-	retirement allowance shall be continued throughout the life of
1283		-	and paid to the person as he or she shall nominate by written
1284		-	designation duly acknowledged and filed with the Board of
1285		-	Control at the time of his or her retirement;
1286		-	(3) OPTION 3. Upon his or her death, one half of his or
1287		-	her reduced allowance shall be continued throughout the life
1288		-	of and paid to the person as he or she shall nominate by
1289		-	written designation duly acknowledged and filed with the Board
1290		-	of Control at the time of his or her retirement; or
1291		-	(4) OPTION 4. Some other benefit or benefits shall be
1292		-	paid either to the member or to the person or persons as he or
1293	1289		617
1294	1290		618
1295	1291		619
1296	1292		620
1297	1293		621
1298	1294		622
1299	1295		623
1300	1296		624
1301	1297		625
1302	1298		626
1303	1299		627
1304	1300		628
1305	1301		629
1306	1302		630
1307	1303		631
1308	1304		632
1309	1305		633
1310	1306		634
1311	1307		635
1312	1308		636
1313	1309		637
1314	1310		638
1315	1311		639
1316	1312		640
1317	1313		641
1318	1314		642
1319	1315		643
1320		-	644 SB68 ~~EnrolledSB68 Enrolled~~
	1316	+	644 SB68 INTRODUCEDSB68 INTRODUCED
1321	1317		Page 24
	1318	+	received in annuity payments the present value of his or her
	1319	+	annuity as it was at the time of his or her retirement, the
	1320	+	balance shall be paid to his or her legal representatives or
	1321	+	to the person as he or she shall nominate by written
	1322	+	designation duly acknowledged and filed with the Board of
	1323	+	Control;
	1324	+	(2) OPTION 2. Upon his or her death, his or her reduced
	1325	+	retirement allowance shall be continued throughout the life of
	1326	+	and paid to the person as he or she shall nominate by written
	1327	+	designation duly acknowledged and filed with the Board of
	1328	+	Control at the time of his or her retirement;
	1329	+	(3) OPTION 3. Upon his or her death, one half of his or
	1330	+	her reduced allowance shall be continued throughout the life
	1331	+	of and paid to the person as he or she shall nominate by
	1332	+	written designation duly acknowledged and filed with the Board
	1333	+	of Control at the time of his or her retirement; or
	1334	+	(4) OPTION 4. Some other benefit or benefits shall be
	1335	+	paid either to the member or to the person or persons as he or
1322	1336		she shall nominate; provided, that those other benefits,
1323	1337		together with the reduced retirement allowance, shall be
1324	1338		certified by the actuary to be of equivalent actuarial value
1325	1339		to his or her retirement allowance and shall be approved by
1326	1340		the Board of Control .; or
1327	1341		(5) OPTION 5. At the time of retirement, he or she
1328	1342		shall receive a partial lump sum distribution as a single
1329	1343		payment not to exceed the sum of 24 months of the maximum
1330	1344		monthly retirement allowance the member could receive. This
1331	1345		option may be elected in addition to the election of another
1332		-	option under this subsection and the further reduced monthly
1333		-	retirement allowance shall be calculated in accordance with
1334		-	the selected option. This option shall not be available to a
1335		-	member who is receiving a disability retirement.
1336		-	(e) Effect of return to active service. Should any
1337		-	beneficiary be restored to active service, his or her
1338		-	retirement allowance shall be suspended until he or she again
1339		-	withdraws from service and he or she shall not again become a
1340		-	member of the retirement system nor shall he or she make
1341		-	contributions; except, that should the beneficiary who has
1342		-	been restored to active service continue in service for a
1343		-	period of two or more years from the date of his or her
1344		-	reentry into active service, he or she may request the Board
1345		-	of Control to allow him or her to again become a member of the
1346		-	retirement system. The Board of Control may grant the request
1347		-	for restoration to membership; provided, that the beneficiary
1348		-	whose retirement allowance has been suspended shall repay to
1349		-	the system all monies received by him or her as benefits
1350	1346		645
1351	1347		646
1352	1348		647
1353	1349		648
1354	1350		649
1355	1351		650
1356	1352		651
1357	1353		652
1358	1354		653
1359	1355		654
1360	1356		655
1361	1357		656
1362	1358		657
1363	1359		658
1364	1360		659
1365	1361		660
1366	1362		661
1367	1363		662
1368	1364		663
1369	1365		664
1370	1366		665
1371	1367		666
1372	1368		667
1373	1369		668
1374	1370		669
1375	1371		670
1376	1372		671
1377		-	672 SB68 ~~EnrolledSB68 Enrolled~~
	1373	+	672 SB68 INTRODUCEDSB68 INTRODUCED
1378	1374		Page 25
	1375	+	option under this subsection and the further reduced monthly
	1376	+	retirement allowance shall be calculated in accordance with
	1377	+	the selected option. This option shall not be available to a
	1378	+	member who is receiving a disability retirement.
	1379	+	(e) Effect of return to active service. Should any
	1380	+	beneficiary be restored to active service, his or her
	1381	+	retirement allowance shall be suspended until he or she again
	1382	+	withdraws from service and he or she shall not again become a
	1383	+	member of the retirement system nor shall he or she make
	1384	+	contributions; except, that should the beneficiary who has
	1385	+	been restored to active service continue in service for a
	1386	+	period of two or more years from the date of his or her
	1387	+	reentry into active service, he or she may request the Board
	1388	+	of Control to allow him or her to again become a member of the
	1389	+	retirement system. The Board of Control may grant the request
	1390	+	for restoration to membership; provided, that the beneficiary
	1391	+	whose retirement allowance has been suspended shall repay to
	1392	+	the system all monies received by him or her as benefits
1379	1393		during any periods subsequent to the date of his or her
1380	1394		reentry into active service and shall make a contribution
1381	1395		equal to the amount he or she would have contributed had he or
1382	1396		she been a member during the period of his or her restoration
1383	1397		to active service on a suspended allowance basis together with
1384	1398		the interest that would have been credited to the
1385	1399		contributions on account of the period of restoration up to
1386	1400		the date the contribution is made.
1387	1401		(f)(1) REDETERMINATION, ETC., OF CERTAIN ALLOWANCES.
1388	1402		All retirement allowance payments due on or after October 1,
1389		-	1975, to members who retired prior to that date shall be
1390		-	redetermined as if the provisions of this section in effect on
1391		-	October 1, 1975, were in effect at the time the member
1392		-	retired. Anything in this article to the contrary
1393		-	notwithstanding, the annual retirement allowance of any member
1394		-	not employed as a state policeman who retired on or before
1395		-	January 1, 1956, shall not be less than seventy-nine dollars
1396		-	twenty cents ($79.20) multiplied by the number of years of his
1397		-	or her creditable service not in excess of 30 years in the
1398		-	case of service retirement of fifty-nine dollars forty cents
1399		-	($59.40) multiplied by the number of years of his or her
1400		-	creditable service not in excess of 30 years in the case of
1401		-	disability retirement. Any increase provided in the retirement
1402		-	allowance payment under this subdivision for a member who
1403		-	retired under the provisions of any optional benefit elected
1404		-	pursuant to subsection (d) shall accrue only to the retired
1405		-	member, and no person designated to receive any payments after
1406		-	the death of a retired member under the provisions of any
1407	1403		673
1408	1404		674
1409	1405		675
1410	1406		676
1411	1407		677
1412	1408		678
1413	1409		679
1414	1410		680
1415	1411		681
1416	1412		682
1417	1413		683
1418	1414		684
1419	1415		685
1420	1416		686
1421	1417		687
1422	1418		688
1423	1419		689
1424	1420		690
1425	1421		691
1426	1422		692
1427	1423		693
1428	1424		694
1429	1425		695
1430	1426		696
1431	1427		697
1432	1428		698
1433	1429		699
1434		-	700 SB68 ~~EnrolledSB68 Enrolled~~
	1430	+	700 SB68 INTRODUCEDSB68 INTRODUCED
1435	1431		Page 26
	1432	+	1975, to members who retired prior to that date shall be
	1433	+	redetermined as if the provisions of this section in effect on
	1434	+	October 1, 1975, were in effect at the time the member
	1435	+	retired. Anything in this article to the contrary
	1436	+	notwithstanding, the annual retirement allowance of any member
	1437	+	not employed as a state policeman who retired on or before
	1438	+	January 1, 1956, shall not be less than seventy-nine dollars
	1439	+	twenty cents ($79.20) multiplied by the number of years of his
	1440	+	or her creditable service not in excess of 30 years in the
	1441	+	case of service retirement of fifty-nine dollars forty cents
	1442	+	($59.40) multiplied by the number of years of his or her
	1443	+	creditable service not in excess of 30 years in the case of
	1444	+	disability retirement. Any increase provided in the retirement
	1445	+	allowance payment under this subdivision for a member who
	1446	+	retired under the provisions of any optional benefit elected
	1447	+	pursuant to subsection (d) shall accrue only to the retired
	1448	+	member, and no person designated to receive any payments after
	1449	+	the death of a retired member under the provisions of any
1436	1450		optional benefit shall receive any increase in payments under
1437	1451		this subdivision. Notwithstanding, any member who retired
1438	1452		prior to October 1, 1975, and who chose either Option 2 or
1439	1453		Option 3 may elect to receive a reduced allowance and to
1440	1454		stipulate that the actuarial equivalent of the increase in his
1441	1455		or her retirement allowance, which became effective on that
1442	1456		date, be ascribed to his or her designated beneficiary;
1443	1457		provided, that the member shall clearly express this intention
1444	1458		by filing a written application to the effect with the
1445	1459		Secretary-Treasurer of the Employees' Retirement System of
1446		-	Alabama prior to October 1, 1976.
1447		-	(2) Any person who, prior to October 1, 1963, was in
1448		-	receipt of a benefit pursuant to Act No. 376, approved
1449		-	November 6, 1959, but was not a member of the system at the
1450		-	time of retirement shall not be entitled to receive an annual
1451		-	retirement allowance from the system, effective October 1,
1452		-	1971, as follows:
1453		-	a. If the person was retired on or before January 1,
1454		-	1956, an amount equal to seventy-nine dollars twenty cents
1455		-	($79.20) multiplied by the number of years of his or her
1456		-	creditable service not in excess of 30 years.
1457		-	b. If the person was retired after January 1, 1956, an
1458		-	amount equal to seventy-two dollars ($72) multiplied by the
1459		-	number of years of his or her creditable service not in excess
1460		-	of 25 years.
1461		-	(3) Prior to October 31, 1975, any beneficiary may
1462		-	elect to leave on deposit with the system all or a specified
1463		-	part of any increase in his or her monthly retirement
1464	1460		701
1465	1461		702
1466	1462		703
1467	1463		704
1468	1464		705
1469	1465		706
1470	1466		707
1471	1467		708
1472	1468		709
1473	1469		710
1474	1470		711
1475	1471		712
1476	1472		713
1477	1473		714
1478	1474		715
1479	1475		716
1480	1476		717
1481	1477		718
1482	1478		719
1483	1479		720
1484	1480		721
1485	1481		722
1486	1482		723
1487	1483		724
1488	1484		725
1489	1485		726
1490	1486		727
1491		-	728 SB68 ~~EnrolledSB68 Enrolled~~
	1487	+	728 SB68 INTRODUCEDSB68 INTRODUCED
1492	1488		Page 27
	1489	+	Alabama prior to October 1, 1976.
	1490	+	(2) Any person who, prior to October 1, 1963, was in
	1491	+	receipt of a benefit pursuant to Act No. 376, approved
	1492	+	November 6, 1959, but was not a member of the system at the
	1493	+	time of retirement shall not be entitled to receive an annual
	1494	+	retirement allowance from the system, effective October 1,
	1495	+	1971, as follows:
	1496	+	a. If the person was retired on or before January 1,
	1497	+	1956, an amount equal to seventy-nine dollars twenty cents
	1498	+	($79.20) multiplied by the number of years of his or her
	1499	+	creditable service not in excess of 30 years.
	1500	+	b. If the person was retired after January 1, 1956, an
	1501	+	amount equal to seventy-two dollars ($72) multiplied by the
	1502	+	number of years of his or her creditable service not in excess
	1503	+	of 25 years.
	1504	+	(3) Prior to October 31, 1975, any beneficiary may
	1505	+	elect to leave on deposit with the system all or a specified
	1506	+	part of any increase in his or her monthly retirement
1493	1507		allowance payments arising in accordance with subdivisions (1)
1494	1508		or (2) of this subsection over the monthly allowance which he
1495	1509		or she was receiving prior to October 1, 1975. The portion of
1496	1510		each monthly payment left in the system in accordance with the
1497	1511		election shall be credited, together with regular interest
1498	1512		thereon, to the individual account of the beneficiary. Upon
1499	1513		the death of the beneficiary the total amount standing to his
1500	1514		or her credit, including regular interest to the date of
1501	1515		death, shall be paid in a lump sum to his or her legal
1502	1516		representatives or to such person as he or she shall have
1503		-	nominated by written designation duly acknowledged and filed
1504		-	with the Board of Control.
1505		-	(g) Notwithstanding any other provisions of this
1506		-	section to the contrary, when a designated beneficiary for a
1507		-	member predeceases the member who is receiving a monthly
1508		-	benefit allowance provided under Option 2, 3, or 4, the member
1509		-	may designate a replacement beneficiary for the deceased
1510		-	beneficiary to become effective two years after the date of
1511		-	designation of the replacement beneficiary and an actuarial
1512		-	adjustment in the monthly benefit allowance of the member to
1513		-	cover any cost associated with designating a replacement
1514		-	beneficiary shall be reflected thereafter in the monthly
1515		-	benefit allowance received by the member, commencing with the
1516		-	first benefit allowance check received by the member following
1517		-	the date of designation of the replacement beneficiary.
1518		-	(h) Notwithstanding any provision of this section to
1519		-	the contrary, if a retired member who is receiving a monthly
1520		-	benefit allowance provided under Option 2, 3, or 4 divorces
1521	1517		729
1522	1518		730
1523	1519		731
1524	1520		732
1525	1521		733
1526	1522		734
1527	1523		735
1528	1524		736
1529	1525		737
1530	1526		738
1531	1527		739
1532	1528		740
1533	1529		741
1534	1530		742
1535	1531		743
1536	1532		744
1537	1533		745
1538	1534		746
1539	1535		747
1540	1536		748
1541	1537		749
1542	1538		750
1543	1539		751
1544	1540		752
1545	1541		753
1546	1542		754
1547	1543		755
1548		-	756 SB68 ~~EnrolledSB68 Enrolled~~
	1544	+	756 SB68 INTRODUCEDSB68 INTRODUCED
1549	1545		Page 28
	1546	+	nominated by written designation duly acknowledged and filed
	1547	+	with the Board of Control.
	1548	+	(g) Notwithstanding any other provisions of this
	1549	+	section to the contrary, when a designated beneficiary for a
	1550	+	member predeceases the member who is receiving a monthly
	1551	+	benefit allowance provided under Option 2, 3, or 4, the member
	1552	+	may designate a replacement beneficiary for the deceased
	1553	+	beneficiary to become effective two years after the date of
	1554	+	designation of the replacement beneficiary and an actuarial
	1555	+	adjustment in the monthly benefit allowance of the member to
	1556	+	cover any cost associated with designating a replacement
	1557	+	beneficiary shall be reflected thereafter in the monthly
	1558	+	benefit allowance received by the member, commencing with the
	1559	+	first benefit allowance check received by the member following
	1560	+	the date of designation of the replacement beneficiary.
	1561	+	(h) Notwithstanding any provision of this section to
	1562	+	the contrary, if a retired member who is receiving a monthly
	1563	+	benefit allowance provided under Option 2, 3, or 4 divorces
1550	1564		his or her designated beneficiary, the member may designate a
1551	1565		replacement beneficiary for the beneficiary to become
1552	1566		effective two years after the date of designation of the
1553	1567		replacement beneficiary and an actuarial adjustment in the
1554	1568		monthly benefit allowance of the member to cover any cost
1555	1569		associated with designating a replacement beneficiary shall be
1556	1570		reflected thereafter in the monthly benefit allowance received
1557	1571		by the member, commencing with the first benefit allowance
1558	1572		check received by the member following the date of designation
1559	1573		of the replacement beneficiary.
1560		-	(i) Any future act to increase the retirement age for
1561		-	Tier II plan members above the age of 62 shall require a
1562		-	two-thirds vote of the elected membership of each house of the
1563		-	Legislature."
1564		-	"§41-27-7
1565		-	(a) For the purposes of this article, the term "legacy
1566		-	agency" means an existing agency, department, or division that
1567		-	is being reorganized or abolished under this article.
1568		-	(b) Unless otherwise provided in this article, all
1569		-	positions created by this article shall be in the classified
1570		-	service of the state Merit System.
1571		-	(c) All persons employed on January 1, 2015, with a
1572		-	legacy agency and transferred to the Alabama State Law
1573		-	Enforcement Agency, Department of Public Safety, or State
1574		-	Bureau of Investigations shall maintain his or her
1575		-	classification and benefits under the legacy agency. A person
1576		-	employed by a legacy agency on January 1, 2015, shall not
1577		-	receive a decrease in salary, benefits, or seniority or
1578	1574		757
1579	1575		758
1580	1576		759
1581	1577		760
1582	1578		761
1583	1579		762
1584	1580		763
1585	1581		764
1586	1582		765
1587	1583		766
1588	1584		767
1589	1585		768
1590	1586		769
1591	1587		770
1592	1588		771
1593	1589		772
1594	1590		773
1595	1591		774
1596	1592		775
1597	1593		776
1598	1594		777
1599	1595		778
1600	1596		779
1601	1597		780
1602	1598		781
1603	1599		782
1604	1600		783
1605		-	784 SB68 ~~EnrolledSB68 Enrolled~~
	1601	+	784 SB68 INTRODUCEDSB68 INTRODUCED
1606	1602		Page 29
	1603	+	(i) Any future act to increase the retirement age for
	1604	+	Tier II plan members above the age of 62 shall require a
	1605	+	two-thirds vote of the elected membership of each house of the
	1606	+	Legislature."
	1607	+	"§41-27-7
	1608	+	(a) For the purposes of this article, the term "legacy
	1609	+	agency" means an existing agency, department, or division that
	1610	+	is being reorganized or abolished under this article.
	1611	+	(b) Unless otherwise provided in this article, all
	1612	+	positions created by this article shall be in the classified
	1613	+	service of the state Merit System.
	1614	+	(c) All persons employed on January 1, 2015, with a
	1615	+	legacy agency and transferred to the Alabama State Law
	1616	+	Enforcement Agency, Department of Public Safety, or State
	1617	+	Bureau of Investigations shall maintain his or her
	1618	+	classification and benefits under the legacy agency. A person
	1619	+	employed by a legacy agency on January 1, 2015, shall not
	1620	+	receive a decrease in salary, benefits, or seniority or
1607	1621		otherwise receive a decrease in classification as a result of
1608	1622		the transfer to the Alabama State Law Enforcement Agency,
1609	1623		Department of Public Safety, or State Bureau of
1610	1624		Investigations.
1611	1625		(d) Any future change in classification shall not
1612	1626		result in any change in benefits an employee previously had at
1613	1627		a legacy agency.
1614	1628		(e) An employee of a legacy agency transferred to the
1615	1629		Alabama State Law Enforcement Agency, Department of Public
1616	1630		Safety, or State Bureau of Investigations under this article
1617		-	shall remain in his or her current classification unless
1618		-	appointed to the appropriate classification within the newly
1619		-	created department according to state Merit System procedures.
1620		-	(f) Any employee hired in or transferred into the
1621		-	Alabama State Law Enforcement Agency after January 1, 2015,
1622		-	who is certified by the Alabama Peace Officers' Standards and
1623		-	Training Commission and performs law enforcement duties shall
1624		-	be considered a law enforcement officer, as defined by Section
1625		-	36-27-59(a)(3), but is a state policeman is not eligible for
1626		-	the benefits specified in Section 36-26-35(d)."
1627		-	Section 2. This act shall become effective on the first
1628		-	day of the third month following its passage and approval by
1629		-	the Governor, or its otherwise becoming law.
1630	1631		785
1631	1632		786
1632	1633		787
1633	1634		788
1634	1635		789
1635	1636		790
1636	1637		791
1637	1638		792
1638	1639		793
1639	1640		794
1640	1641		795
1641	1642		796
1642	1643		797
1643	1644		798
1644	1645		799
1645	1646		800
1646	1647		801
1647	1648		802
1648	1649		803
1649	1650		804
1650	1651		805
1651	1652		806
1652		-	807 SB68 EnrolledSB68 Enrolled
1653		-	Page 30
1654		-	________________________________________________
1655		-	President and Presiding Officer of the Senate
1656		-	________________________________________________
1657		-	Speaker of the House of Representatives
1658		-	SB68
1659		-	Senate 06-Apr-23
1660		-	I hereby certify that the within Act originated in and passed
1661		-	the Senate.
1662		-	Patrick Harris,
1663		-	Secretary.
1664		-	House of Representatives
1665		-	Passed: 18-Apr-23
1666		-	By: Senator Chambliss
	1653	+	807
1667	1654		808
1668	1655		809
1669	1656		810
1670	1657		811
1671		-	812
	1658	+	812 SB68 INTRODUCEDSB68 INTRODUCED
	1659	+	Page 30
	1660	+	shall remain in his or her current classification unless
	1661	+	appointed to the appropriate classification within the newly
	1662	+	created department according to state Merit System procedures.
	1663	+	(f) Any employee hired in or transferred into the
	1664	+	Alabama State Law Enforcement Agency after January 1, 2015,
	1665	+	who is certified by the Alabama Peace Officers' Standards and
	1666	+	Training Commission and performs law enforcement duties shall
	1667	+	be considered a law enforcement officer, as defined by Section
	1668	+	36-27-59(a)(3), but is a state policeman is not eligible for
	1669	+	the benefits specified in Section 36-26-35(d)."
	1670	+	Section 2. This act shall become effective on the first
	1671	+	day of the third month following its passage and approval by
	1672	+	the Governor, or its otherwise becoming law.
1672	1673		813
1673	1674		814
1674	1675		815
1675	1676		816
1676	1677		817
1677	1678		818
1678	1679		819
1679	1680		820
1680	1681		821
1681	1682		822
1682	1683		823
1683	1684		824
1684	1685		825
1685		-	826
1686		-	827
1687		-	828
1688		-	829
1689		-	830
1690		-	831
1691		-	832
1692		-	833
1693		-	834
1694		-	835
1695		-	836
1696		-	837
1697		-	838
1698		-	839
1699		-	840
1700		-	841
1701		-	842
1702		-	843
1703		-	844
1704		-	845
1705		-	846