Alabama 2024 Regular Session

Alabama House Bill HB190 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB190ENROLLED~~
	1	+	HB190ENGROSSED
2	2		Page 0
3	3		HB190
4		-	XCPSZZE-3
	4	+	XCPSZZE-2
5	5		By Representative Carns (N & P)
6	6		RFD: Jefferson County Legislation
7	7		First Read: 20-Feb-24
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12		-	5 HB190 ~~Enrolled~~
	12	+	5 HB190 Engrossed
13	13		Page 1
14	14		First Read: 20-Feb-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to the General Retirement System for Employees
17	19		of Jefferson County; to amend Sections 45-37-123.01,
18	20		45-37-123.20, 45-37-123.21, 45-37-123.22, 45-37-123.23,
19	21		45-37-123.24, 45-37-123.25, 45-37-123.26, 45-37-123.27,
20	22		45-37-123.28, 45-37-123.29, 45-37-123.50, 45-37-123.54,
21	23		45-37-123.80, 45-37-123.82, 45-37-123.83, 45-37-123.84,
22	24		45-37-123.100, 45-37-123.101, 45-37-123.102, 45-37-123.103,
23	25		45-37-123.104, 45-37-123.106, 45-37-123.108, 45-37-123.132,
24	26		45-37-123.150, 45-37-123.191, 45-37-123.194, and
25	27		45-37-123.195, Code of Alabama 1975; to clarify who is a
26	28		designated beneficiary; to identify the Personnel Board of
27	29		Jefferson County as the civil service system of Jefferson
28	30		County; to define missing participants and missing
29	31		beneficiaries as a participant or beneficiary whose
30	32		whereabouts are unknown to the system or who is nonresponsive;
31	33		to clarify categories of membership and benefits; to clarify
32	34		that all members who are not vested are nonvested; to clarify
33	35		that a member's benefit becomes partially vested and
34	36		nonforfeitable upon 10 years of paid service and fully vested
35	37		and nonforfeitable upon 15 years of paid service; to
36		-	accurately reflect the method by which the county remits
37		-	employer and employee contributions to the system; to
38		-	authorize the pension board to pay any sums reasonably
39		-	necessary to defray administrative expenses of the plan before
40		-	remitting employer and employee contributions to the trust
41		-	fund; to establish additional qualifications and procedures
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69		-	28 HB190 ~~Enrolled~~
	65	+	28 HB190 Engrossed
70	66		Page 2
	67	+	and nonforfeitable upon 15 years of paid service; to
	68	+	accurately reflect the method by which the county remits
	69	+	employer and employee contributions to the system; to
	70	+	authorize the pension board to pay any sums reasonably
	71	+	necessary to defray administrative expenses of the plan before
	72	+	remitting employer and employee contributions to the trust
71	73		fund; to establish additional qualifications and procedures
72	74		for individuals elected or appointed to serve on the pension
73	75		board; to provide for electronic forms and notice; to clarify
74	76		that the election of pension board members number four and
75	77		five are supervised by members volunteering to serve as the
76	78		election board; to clarify that only a beneficiary designated
77	79		by the member shall constitute a beneficiary under the plan;
78	80		to authorize the pension board to adopt rules and regulations
79	81		for the administration of any benefit provided by the plan
80	82		subject to applicable law; to authorize the pension board to
81	83		suspend and reinstate benefits to missing participants and
82	84		missing beneficiaries; to provide the pension board with the
83	85		authority to authorize the plan to defend and indemnify the
84	86		pension board and each of its individual members, employees of
85	87		the system, and the system as a legal entity separate and
86	88		distinct from the plan from claims, actions, or judgments
87	89		connected with or arising from decisions, acts, or omissions
88	90		undertaken within the scope of its or their official capacity
89	91		in furtherance of the purposes for which the system is
90	92		established to the extent allowed by applicable law and
91	93		Section 401(a), Internal Revenue Code; to authorize the
92	94		pension board to interplead funds into a court of competent
93	95		jurisdiction when the pension board cannot determine the owner
94		-	of those funds or for any other reason allowed under
95		-	applicable law; to clarify that records and data of the system
96		-	are not public records; to clarify that payment of benefits
97		-	and administrative expenses from the trust fund is subject to
98		-	the prohibition against diversion of funds for any purpose
99		-	other than the exclusive benefit of members; to authorize the
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127		-	56 HB190 ~~Enrolled~~
	123	+	56 HB190 Engrossed
128	124		Page 3
	125	+	jurisdiction when the pension board cannot determine the owner
	126	+	of those funds or for any other reason allowed under
	127	+	applicable law; to clarify that records and data of the system
	128	+	are not public records; to clarify that payment of benefits
	129	+	and administrative expenses from the trust fund is subject to
	130	+	the prohibition against diversion of funds for any purpose
129	131		other than the exclusive benefit of members; to authorize the
130	132		pension board to remit certain contributions to a system
131	133		depository account to be treated as general assets of the
132	134		system as a legal entity separate and distinct from the plan
133	135		and its trust; to authorize the payment of benefits and
134	136		expenses of administration from the general assets of the
135	137		system as a legal entity separate and distinct from the plan
136	138		and its trust; to clarify that three affirmative votes are
137	139		required for the pension board to act; to provide that in the
138	140		event a mandatory member subsequently occupies a position not
139	141		subject to the Personnel Board of Jefferson County, the member
140	142		shall remain a mandatory and contributing member of the
141	143		system; to clarify that an employee eligible for optional
142	144		membership must exercise the option in writing; to remove
143	145		provisions prohibiting an active member from remaining a
144	146		participant in the plan after the member elects to participate
145	147		in another plan; to remove provisions related to the
146	148		conversion of unpaid membership time to paid membership time;
147	149		to remove certain provisions relating to the forfeiture of
148	150		certain pension benefits and employee contributions; to
149	151		clarify when a reemployed member begins to accrue benefits; to
150	152		clarify that a member may terminate employee contributions
151	153		upon reaching 30 years of paid service regardless of whether
152		-	the member has accumulated sufficient service to entitle the
153		-	member to the maximum benefit available under the plan; to
154		-	provide that the hourly equivalent of one-half month of work
155		-	is sufficient to entitle a member to one month of service; to
156		-	clarify that the payment of benefits does not commence until
157		-	the member or the member's designated beneficiary executes all
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185		-	84 HB190 ~~Enrolled~~
	181	+	84 HB190 Engrossed
186	182		Page 4
	183	+	upon reaching 30 years of paid service regardless of whether
	184	+	the member has accumulated sufficient service to entitle the
	185	+	member to the maximum benefit available under the plan; to
	186	+	provide that the hourly equivalent of one-half month of work
	187	+	is sufficient to entitle a member to one month of service; to
	188	+	clarify that the payment of benefits does not commence until
187	189		the member or the member's designated beneficiary executes all
188	190		necessary forms required by the pension board; to provide that
189	191		disability benefits are only authorized for permanent
190	192		disabilities arising on or before separation from employment
191	193		with the county; to clarify certain conditions for eligibility
192	194		to receive a disability benefit; to clarify a disabled
193	195		member's membership status upon reemployment by Jefferson
194	196		County; to provide that procedures for proving a common law
195	197		marriage are applicable only to a marriage entered into before
196	198		January 1, 2017; to remove certain provisions terminating a
197	199		member's right to a benefit; to remove certain provisions
198	200		disqualifying a member from receiving benefits; to provide
199	201		that vested pension benefits are nonforfeitable; to add
200	202		Section 45-37-123.31 to the Code of Alabama 1975, to clarify
201	203		the scope of immunity afforded to the system, the pension
202	204		board, and the individual members of the pension board, and
203	205		the employees of the system, when acting in its or their
204	206		official capacity; to add Section 45-37-123.110 to the Code of
205	207		Alabama 1975, to allow the pension board to adopt procedures
206	208		for the forfeiture and restoration of benefits and employee
207	209		contributions for missing participants and missing
208	210		beneficiaries whose whereabouts are unknown to the system or
209	211		who are nonresponsive; to provide that, during any period of
210		-	forfeiture, a missing participant or missing beneficiary shall
211		-	not be treated as a member under the plan; to make technical
212		-	corrections; to repeal Sections 45-37-123.52 and 45-37-123.53,
213		-	providing for termination of eligibility and the conversion of
214		-	unpaid membership time to paid membership time; and to provide
215		-	for an effective date.
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243		-	112 HB190 ~~Enrolled~~
	239	+	112 HB190 Engrossed
244	240		Page 5
	241	+	who are nonresponsive; to provide that, during any period of
	242	+	forfeiture, a missing participant or missing beneficiary shall
	243	+	not be treated as a member under the plan; to make technical
	244	+	corrections; to repeal Sections 45-37-123.52 and 45-37-123.53,
	245	+	providing for termination of eligibility and the conversion of
	246	+	unpaid membership time to paid membership time; and to provide
245	247		for an effective date.
246	248		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
247	249		Section 1. Sections 45-37-123.01, 45-37-123.20,
248	250		45-37-123.21, 45-37-123.22, 45-37-123.23, 45-37-123.24,
249	251		45-37-123.25, 45-37-123.26, 45-37-123.27, 45-37-123.28,
250	252		45-37-123.29, 45-37-123.50, 45-37-123.54, 45-37-123.80,
251	253		45-37-123.82, 45-37-123.83, 45-37-123.84, 45-37-123.100,
252	254		45-37-123.101, 45-37-123.102, 45-37-123.103, 45-37-123.104,
253	255		45-37-123.106, 45-37-123.108, 45-37-123.132, 45-37-123.150,
254	256		45-37-123.191, 45-37-123.194, and 45-37-123.195 of the Code of
255	257		Alabama 1975, are amended to read as follows:
256	258		"§45-37-123.01
257	259		For the purposes of this part, the following terms
258	260		shall have the following meanings:
259	261		(1) ACT. The act adding this part, to be called the
260	262		General Retirement System for Employees of Jefferson County
261	263		Act.
262	264		(2) ACTIVE MEMBER. An individual who currently is
263	265		employed by the county or other entities set forth in
264	266		subdivision (20) and is making employee contributions to the
265	267		system pursuant to Section 45-37-123.82 .
266	268		(3) ACTUARIAL EQUIVALENT. Effective July 30, 1984, or
267	269		such other dates as set forth in Exhibit A to the plan
268		-	document, which is maintained in the office of the pension
269		-	board, a form of benefit differing in time, period, or manner
270		-	of payment from a specific benefit provided under the plan but
271		-	having the same value when computed using the mortality
272		-	tables, the interest rate, and any other assumptions last
273		-	adopted by the pension board, which assumptions shall clearly
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300	296		139
301		-	140 HB190 ~~Enrolled~~
	297	+	140 HB190 Engrossed
302	298		Page 6
	299	+	such other dates as set forth in Exhibit A to the plan
	300	+	document, which is maintained in the office of the pension
	301	+	board, a form of benefit differing in time, period, or manner
	302	+	of payment from a specific benefit provided under the plan but
	303	+	having the same value when computed using the mortality
	304	+	tables, the interest rate, and any other assumptions last
303	305		adopted by the pension board, which assumptions shall clearly
304	306		preclude any discretion in the determination of the amount of
305	307		a member's benefit.
306	308		(4) ACTUARIAL GAIN. As defined in Section
307	309		45-37-123.106(f)(1).
308	310		(5) ANNUITY STARTING DATE. As used in Subpart 6 and in
309	311		Section 45-37-123.106, means, with respect to any member, the
310	312		first day of the first period for which an amount is paid as
311	313		an annuity, or, in the case of a benefit not payable in the
312	314		form of an annuity, the first day on which all events have
313	315		occurred which entitles the member to such benefit.
314	316		(6) BASIC AVERAGE SALARY. Generally means, effective as
315	317		of February 1, 2010, the monthly compensation of a member
316	318		averaged over the period of 36 consecutive months of paid
317	319		membership time during which such member's average monthly
318	320		compensation was higher than any other period of 36
319	321		consecutive months of paid membership time. For example, if a
320	322		member terminated employment on June 20, 2010, and his or her
321	323		highest consecutive 36 month 36-month period ends on the
322	324		member's date of termination of employment, then the measuring
323	325		period for determining basic average salary would be from June
324	326		21, 2007, through June 20, 2010. The following rules shall
325	327		apply in calculating basic average salary:
326		-	a. Daily Compensation Calculation. Subject to the
327		-	additional rules stated in this subdivision, the compensation
328		-	earned in each year, or portion of a year, during the 36-month
329		-	period shall be determined on a daily basis. The total of the
330		-	compensation earned in each applicable year, or portion
331		-	thereof, shall be added together and then divided by 36 to
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359		-	168 HB190 ~~Enrolled~~
	355	+	168 HB190 Engrossed
360	356		Page 7
	357	+	apply in calculating basic average salary:
	358	+	a. Daily Compensation Calculation. Subject to the
	359	+	additional rules stated in this subdivision, the compensation
	360	+	earned in each year, or portion of a year, during the 36-month
	361	+	period shall be determined on a daily basis. The total of the
	362	+	compensation earned in each applicable year, or portion
361	363		thereof, shall be added together and then divided by 36 to
362	364		arrive at the member's basic average salary. If the foregoing
363	365		process is not workable in some situations, then the pension
364	366		board shall approve a different method which is reasonable
365	367		given the terms of the act and the individual circumstances.
366	368		b. Use of Unpaid Membership Time. The compensation paid
367	369		to a member during unpaid membership time shall only be
368	370		considered in determining the member's basic average salary
369	371		for periods of employment prior to August 16, 1996.
370	372		c. Tacking of Nonconsecutive Paid Membership Time.
371	373		Separate periods of paid membership time may be tacked and
372	374		considered as consecutive if the member does not have any paid
373	375		membership time between the periods so tacked. For example, if
374	376		the member did not have any paid membership time between two
375	377		periods of paid membership time due to a leave of absence, the
376	378		leave of absence would be ignored in calculating basic average
377	379		salary.
378	380		d. Post-termination .Compensation. Compensation paid
379	381		subsequent to termination of participation in the system
380	382		pursuant to Section 45-37-123.52, due to ineligibility, shall
381	383		not be recognized in computing basic average salary. However,
382	384		notwithstanding Notwithstanding any provisions of this plan to
383	385		the contrary, a member's final paycheck from the county shall
384		-	be counted in computing a member's basic average salary, but
385		-	only to the extent that such paycheck constitutes
386		-	compensation, and the highest consecutive 36 month 36-month
387		-	period otherwise would end on the date of the member's
388		-	termination of employment.
389		-	(7) BENEFICIARY. The person individual, or entity,
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417		-	196 HB190 ~~Enrolled~~
	413	+	196 HB190 Engrossed
418	414		Page 8
	415	+	the contrary, a member's final paycheck from the county shall
	416	+	be counted in computing a member's basic average salary, but
	417	+	only to the extent that such paycheck constitutes
	418	+	compensation, and the highest consecutive 36 month 36-month
	419	+	period otherwise would end on the date of the member's
	420	+	termination of employment.
419	421		(7) BENEFICIARY. The person individual, or entity,
420	422		designated as provided in Section 45-37-123.103(d) to receive
421	423		the benefits which are payable under the plan upon or after
422	424		the death of a member.
423	425		(8) BENEFIT ENHANCEMENT. An across the board increase
424	426		to a previously awarded benefit to which a member is entitled.
425	427		(9) CIVIL SERVICE SYSTEM. The personnel system
426	428		administered and operated by the Jefferson County Personnel
427	429		Board.
428	430		(10)(9) COMMISSION. The Jefferson County Commission.
429	431		(11)(10) COMPENSATION.
430	432		a. With respect to any member means:
431	433		1. The regular salary or hourly wages paid to a member,
432	434		based on his or her pay grade, as established by the Jefferson
433	435		County Personnel Board of Jefferson County , or other
434	436		appropriate authority, for a calendar year ending with or
435	437		within the applicable plan year including any employee
436	438		contributions pursuant to Section 45-37-123.82(a);
437	439		2. Plus any accumulated vacation time paid by the
438	440		county;
439	441		3. Plus Worker's Compensation benefits, only as
440	442		described in subdivision (59) (65); and
441	443		4. Any differential wage payment, as defined in §
442		-	3401(h)(2), Internal Revenue Code, generally relating to
443		-	military pay.
444		-	b. Bonuses, overtime, longevity pay, paid accumulated
445		-	sick leave that is paid in the form of a lump sum, uniform
446		-	allowances, expense allowances, and any other nonregular forms
447		-	of compensation are excluded.
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475		-	224 HB190 ~~Enrolled~~
	471	+	224 HB190 Engrossed
476	472		Page 9
	473	+	4. Any differential wage payment, as defined in §
	474	+	3401(h)(2), Internal Revenue Code, generally relating to
	475	+	military pay.
	476	+	b. Bonuses, overtime, longevity pay, paid accumulated
	477	+	sick leave that is paid in the form of a lump sum, uniform
	478	+	allowances, expense allowances, and any other nonregular forms
477	479		of compensation are excluded.
478	480		c. Compliance with § 401(a)(17), Internal Revenue Code.
479	481		Because the transitional rule provided by Treasury Regulation
480	482		§ 1.401(a)(17)-1(d)(4) of the regulations issued under §
481	483		401(a)(17), Internal Revenue Code, does not apply to the plan,
482	484		compensation of each member taken into account in determining
483	485		benefit accruals in any plan year beginning after December 31,
484	486		2001, shall not exceed two hundred thousand dollars
485	487		($200,000), or such other amount provided in the Internal
486	488		Revenue Code. Such amount shall be adjusted for increases in
487	489		the cost of livingcost-of-living in accordance with §
488	490		401(a)(17)(B), Internal Revenue Code, except that the dollar
489	491		increase in effect on January 1 of any calendar year shall be
490	492		effective for the calendar years beginning with such calendar
491	493		year. For any short calendar year, the compensation limit
492	494		shall be an amount equal to the compensation limit for the
493	495		calendar year in which the calendar year begins multiplied by
494	496		the ratio obtained by dividing the number of full months in
495	497		the short calendar year by 12. For purposes of determining
496	498		benefit accruals in a plan year beginning after December 31,
497	499		2001, compensation for any prior calendar year shall be
498	500		limited to one hundred fifty thousand dollars ($150,000) for
499	501		any calendar year beginning in 1996, one hundred sixty
500		-	thousand dollars ($160,000) for any calendar year beginning in
501		-	1997, 1998, or 1999; and one hundred seventy thousand dollars
502		-	($170,000) for any calendar year beginning in 2000 or 2001.
503		-	(12)(11) COUNTY. Jefferson County, Alabama, and any
504		-	successor which shall maintain this plan. However, references
505		-	herein to employment by the county also shall include
506	502		225
507	503		226
508	504		227
509	505		228
510	506		229
511	507		230
512	508		231
513	509		232
514	510		233
515	511		234
516	512		235
517	513		236
518	514		237
519	515		238
520	516		239
521	517		240
522	518		241
523	519		242
524	520		243
525	521		244
526	522		245
527	523		246
528	524		247
529	525		248
530	526		249
531	527		250
532	528		251
533		-	252 HB190 ~~Enrolled~~
	529	+	252 HB190 Engrossed
534	530		Page 10
	531	+	any calendar year beginning in 1996, one hundred sixty
	532	+	thousand dollars ($160,000) for any calendar year beginning in
	533	+	1997, 1998, or 1999; and one hundred seventy thousand dollars
	534	+	($170,000) for any calendar year beginning in 2000 or 2001.
	535	+	(12)(11) COUNTY. Jefferson County, Alabama, and any
	536	+	successor which shall maintain this plan. However, references
535	537		herein to employment by the county also shall include
536	538		employment by such other entities set forth in subdivision
537	539		(20) and by entities for which the county is acting as payroll
538	540		agent or wherein the county is being reimbursed by an entity
539	541		for the compensation of such entities' workers or wherein the
540	542		entity has appointing authority with respect to the workers.
541	543		Accordingly, such entities' workers shall be covered by the
542	544		plan to the extent allowed under the act and as determined by
543	545		the pension board in its administration of the plan.
544	546		(13)(12) DEFERRED RETIREMENT BENEFIT. A benefit payable
545	547		pursuant to the terms of Section 45-37-123.100(c).
546	548		(14)(13) DESIGNATED BENEFICIARY. As defined The
547	549		individual or entity designated as provided in Section
548	550		45-37-123.103(d) to receive a benefit payable under the plan
549	551		upon or after the death of a member or a beneficiary, as
550	552		applicable.
551	553		(15)(14) DISABILITY RETIREMENT BENEFIT. A benefit
552	554		payable pursuant to the terms of Section 45-37-123.102.
553	555		(15) DISABLED MEMBER. A member who is currently
554	556		receiving a disability benefit from the system pursuant to
555	557		Section 45-37-123.102.
556	558		(16) DISTRIBUTION CALENDAR YEAR. As defined in Section
557	559		45-37-123.106(f)(3).
558		-	(17) EARLY RETIREMENT BENEFIT. A benefit payable
559		-	pursuant to the terms of Section 45-37-123.100(b).
560		-	(18) EFFECTIVE DATE. January 1, 2010 May 23, 2013,
561		-	except as otherwise provided.
562		-	(19) ELIGIBLE COST-OF-LIVING INDEX. As defined in
563		-	Section 45-37-123.106(f)(4).
564	560		253
565	561		254
566	562		255
567	563		256
568	564		257
569	565		258
570	566		259
571	567		260
572	568		261
573	569		262
574	570		263
575	571		264
576	572		265
577	573		266
578	574		267
579	575		268
580	576		269
581	577		270
582	578		271
583	579		272
584	580		273
585	581		274
586	582		275
587	583		276
588	584		277
589	585		278
590	586		279
591		-	280 HB190 ~~Enrolled~~
	587	+	280 HB190 Engrossed
592	588		Page 11
	589	+	45-37-123.106(f)(3).
	590	+	(17) EARLY RETIREMENT BENEFIT. A benefit payable
	591	+	pursuant to the terms of Section 45-37-123.100(b).
	592	+	(18) EFFECTIVE DATE. January 1, 2010 May 23, 2013,
	593	+	except as otherwise provided.
	594	+	(19) ELIGIBLE COST-OF-LIVING INDEX. As defined in
593	595		Section 45-37-123.106(f)(4).
594	596		(20) ELIGIBLE EMPLOYEE.
595	597		a. The following individuals affiliated with Jefferson
596	598		County, Alabama, or the State of Alabama:
597	599		1. Any person individual employed by Jefferson County
598	600		at a wage or salary payable at regular intervals, whether or
599	601		not such person the individual is subject to the civil service
600	602		system in operation in Personnel Board of Jefferson County.
601	603		2. Any person individual elected or appointed to a job
602	604		or position with or for Jefferson County, whose compensation
603	605		was paid or shall be paid, in whole or in part, by Jefferson
604	606		County while occupying such the job or position.
605	607		3. Any person individual who occupies a county office
606	608		in Jefferson County that is created by an act of the
607	609		Legislature of the State of Alabama or is provided for by the
608	610		Constitution of Alabama of 1901 2022, and such the office
609	611		requires full-time service. Such person The individual is an
610	612		eligible county office employee.
611	613		4. Any person who is an officer or an employee of a
612	614		hospital created by Jefferson County if such person's
613	615		employment status with the hospital is such that if the person
614	616		had the same employment status with Jefferson County, he or
615	617		she would be an eligible employee. Such person is an eligible
616		-	hospital employee.
617		-	5.4. Any person individual employed by the General
618		-	Retirement System for Employees of Jefferson County at a wage
619		-	or salary payable at regular intervals, whether or not the
620		-	person individual is subject to the civil service system in
621		-	operation in Personnel Board of Jefferson County.
622	618		281
623	619		282
624	620		283
625	621		284
626	622		285
627	623		286
628	624		287
629	625		288
630	626		289
631	627		290
632	628		291
633	629		292
634	630		293
635	631		294
636	632		295
637	633		296
638	634		297
639	635		298
640	636		299
641	637		300
642	638		301
643	639		302
644	640		303
645	641		304
646	642		305
647	643		306
648	644		307
649		-	308 HB190 ~~Enrolled~~
	645	+	308 HB190 Engrossed
650	646		Page 12
	647	+	she would be an eligible employee. Such person is an eligible
	648	+	hospital employee.
	649	+	5.4. Any person individual employed by the General
	650	+	Retirement System for Employees of Jefferson County at a wage
	651	+	or salary payable at regular intervals, whether or not the
	652	+	person individual is subject to the civil service system in
651	653		operation in Personnel Board of Jefferson County.
652	654		6.5. Any person individual employed by the Personnel
653	655		Board of Jefferson County at a wage or salary payable at
654	656		regular intervals, whether or not the person individual is
655	657		subject to the civil operation in Personnel Board of Jefferson
656	658		County.
657	659		7.6. Any person individual employed by an entity for
658	660		which the county is acting as payroll agent or for which the
659	661		county has agreed to be reimbursed by the entity for the
660	662		compensation paid to the person individual, whether or not the
661	663		person individual is subject to the civil service system in
662	664		operation in Personnel Board of Jefferson County.
663	665		b. An eligible employee shall not include:
664	666		1. Any person individual who is appointed or elected as
665	667		a member of any board or commission of Jefferson County,
666	668		provided that service on such the board or commission does not
667	669		require full-time service or the members on the board or
668	670		commission receive no compensation for their service except
669	671		for meetings attended by them.
670	672		2. Any person individual whose employment is temporary
671	673		so long as his or her employment remains temporary. A person's
672	674		An individual's employment shall be deemed to be temporary
673	675		within the meaning of this subdivision if such the employment
674		-	is temporary as defined by the civil service system Personnel
675		-	Board of Jefferson County , or if the officers, board,
676		-	commission, or agency employing such person the individual
677		-	certifies in writing to the pension board that the employment
678		-	is temporary.
679		-	3. Any leased employee and any independent contractor.
680	676		309
681	677		310
682	678		311
683	679		312
684	680		313
685	681		314
686	682		315
687	683		316
688	684		317
689	685		318
690	686		319
691	687		320
692	688		321
693	689		322
694	690		323
695	691		324
696	692		325
697	693		326
698	694		327
699	695		328
700	696		329
701	697		330
702	698		331
703	699		332
704	700		333
705	701		334
706	702		335
707		-	336 HB190 ~~Enrolled~~
	703	+	336 HB190 Engrossed
708	704		Page 13
	705	+	within the meaning of this subdivision if such the employment
	706	+	is temporary as defined by the civil service system Personnel
	707	+	Board of Jefferson County , or if the officers, board,
	708	+	commission, or agency employing such person the individual
	709	+	certifies in writing to the pension board that the employment
	710	+	is temporary.
709	711		3. Any leased employee and any independent contractor.
710	712		(21) EMPLOYEE. Any person individual who is employed by
711	713		the county or elected or appointed to a job or position with
712	714		or for the county. An employee shall exclude any leased
713	715		employee and any independent contractor as such the terms are
714	716		defined by the pension board or the civil service system
715	717		Personnel Board of Jefferson County . See also subdivision (12)
716	718		(11), which covers situations in which other entities may be
717	719		the employer of eligible employees.
718	720		(22) EMPLOYEE CONTRIBUTION. The amount a member is
719	721		required to contribute to the plan as a condition of
720	722		employment and participation in the plan pursuant to Section
721	723		45-37-123.82 and any amount required to be treated as an
722	724		employee contribution in accordance with Section
723	725		45-37-123.190(b), relating to transfers from § 457(b),
724	726		Internal Revenue Code, plans.
725	727		(23) EMPLOYER CONTRIBUTION. The amount the county is
726	728		required to contribute to the plan pursuant to Section
727	729		45-37-123.20(b) and Section 45-37-123.80(a).
728	730		(24) EXECUTIVE DIRECTOR. The individual designated by
729	731		the pension board to manage the employees and day-to-day
730	732		administration of the system. The individual shall not be
731	733		subject to the civil service system Personnel Board of
732		-	Jefferson County .
733		-	(25) FISCAL YEAR. The system's accounting year of 12
734		-	months commencing on October 1 of each year and ending the
735		-	following September 30.
736		-	(26) 415 COMPENSATION. With respect to any member means
737		-	such member's wages as defined in § 3401(a), Internal Revenue
738	734		337
739	735		338
740	736		339
741	737		340
742	738		341
743	739		342
744	740		343
745	741		344
746	742		345
747	743		346
748	744		347
749	745		348
750	746		349
751	747		350
752	748		351
753	749		352
754	750		353
755	751		354
756	752		355
757	753		356
758	754		357
759	755		358
760	756		359
761	757		360
762	758		361
763	759		362
764	760		363
765		-	364 HB190 ~~Enrolled~~
	761	+	364 HB190 Engrossed
766	762		Page 14
	763	+	subject to the civil service system Personnel Board of
	764	+	Jefferson County .
	765	+	(25) FISCAL YEAR. The system's accounting year of 12
	766	+	months commencing on October 1 of each year and ending the
	767	+	following September 30.
	768	+	(26) 415 COMPENSATION. With respect to any member means
767	769		such member's wages as defined in § 3401(a), Internal Revenue
768	770		Code, and all other payments of compensation by the county, in
769	771		the course of the county's trade or business, for a calendar
770	772		year ending with or within the plan year for which the county
771	773		is required to furnish the member a written statement under §§
772	774		6041(d), 6051(a)(3), and 6052, Internal Revenue Code. 415
773	775		compensation shall be determined without regard to any rules
774	776		under § 3401(a), Internal Revenue Code, that limit the
775	777		remuneration included in wages based on the nature or location
776	778		of the employment or the services performed, such as the
777	779		exception for agricultural labor in § 3401(a)(2), Internal
778	780		Revenue Code. Notwithstanding the above, the determination of
779	781		415 compensation shall be made by including any elective
780	782		deferral, as defined in § 402(g)(3), Internal Revenue Code,
781	783		and any amount which is contributed by the county at the
782	784		election of the member pursuant to a salary reduction
783	785		agreement and which is not includible in the gross income of
784	786		the member by reason of §§ 125, 132(f)(4), 402(e)(3),
785	787		402(h)(1)(B), 403(b), or 457(b), Internal Revenue Code, and
786	788		employee contributions described in § 414(h)(2), Internal
787	789		Revenue Code, that are treated as employer contributions. For
788	790		this purpose, effective January 1, 1998, amounts not
789	791		includible in gross income under § 125, Internal Revenue Code,
790		-	shall be deemed to include any amounts not available to a
791		-	member in cash in lieu of group health coverage because the
792		-	member is unable to certify that the member has other health
793		-	coverage, provided the county does not request or collect
794		-	information regarding the member's other health coverage as
795		-	part of the enrollment process for the health plan.
796	792		365
797	793		366
798	794		367
799	795		368
800	796		369
801	797		370
802	798		371
803	799		372
804	800		373
805	801		374
806	802		375
807	803		376
808	804		377
809	805		378
810	806		379
811	807		380
812	808		381
813	809		382
814	810		383
815	811		384
816	812		385
817	813		386
818	814		387
819	815		388
820	816		389
821	817		390
822	818		391
823		-	392 HB190 ~~Enrolled~~
	819	+	392 HB190 Engrossed
824	820		Page 15
	821	+	includible in gross income under § 125, Internal Revenue Code,
	822	+	shall be deemed to include any amounts not available to a
	823	+	member in cash in lieu of group health coverage because the
	824	+	member is unable to certify that the member has other health
	825	+	coverage, provided the county does not request or collect
	826	+	information regarding the member's other health coverage as
825	827		part of the enrollment process for the health plan.
826	828		a. Compensation Paid After Severance from Employment.
827	829		With respect to limitation years beginning on and after July
828	830		1, 2007, 415 compensation shall be adjusted for the following
829	831		types of compensation paid after a member's severance from
830	832		employment with the county, or any other entity that is
831	833		treated as the county pursuant to § 414(b), (c), (m), or (o),
832	834		Internal Revenue Code :.
833	835		1. The following amounts shall be included in 415
834	836		compensation to the extent these amounts are paid by the later
835	837		of two months after severance from employment or by the end of
836	838		the limitation year that includes the date of such severance
837	839		from employment:
838	840		(i) Regular pay. 415 compensation shall include regular
839	841		pay after severance from employment if:
840	842		A. The payment is regular compensation for services
841	843		during the member's regular working hours, or compensation for
842	844		services outside the member's regular working hours, such as
843	845		overtime or shift differential, commissions, bonuses, or other
844	846		similar payments; and
845	847		B. The payment would have been paid to the member prior
846	848		to a severance from employment if the member had continued in
847	849		employment with the county.
848		-	(ii) Leave cashouts. 415 compensation shall include
849		-	leave cashouts if those amounts would have been included in
850		-	the definition of 415 compensation if they were paid prior to
851		-	the member's severance from employment, and the amounts are
852		-	payment for unused accrued bona fide sick, vacation, or other
853		-	leave, but only if the member would have been able to use the
854	850		393
855	851		394
856	852		395
857	853		396
858	854		397
859	855		398
860	856		399
861	857		400
862	858		401
863	859		402
864	860		403
865	861		404
866	862		405
867	863		406
868	864		407
869	865		408
870	866		409
871	867		410
872	868		411
873	869		412
874	870		413
875	871		414
876	872		415
877	873		416
878	874		417
879	875		418
880	876		419
881		-	420 HB190 ~~Enrolled~~
	877	+	420 HB190 Engrossed
882	878		Page 16
	879	+	employment with the county.
	880	+	(ii) Leave cashouts. 415 compensation shall include
	881	+	leave cashouts if those amounts would have been included in
	882	+	the definition of 415 compensation if they were paid prior to
	883	+	the member's severance from employment, and the amounts are
	884	+	payment for unused accrued bona fide sick, vacation, or other
883	885		leave, but only if the member would have been able to use the
884	886		leave if employment had continued.
885	887		(iii) Deferred compensation. 415 compensation shall
886	888		include deferred compensation if the compensation would have
887	889		been included in the definition of 415 compensation if it had
888	890		been paid prior to the member's severance from employment, and
889	891		the compensation is received pursuant to a nonqualified
890	892		unfunded deferred compensation plan, but only if the payment
891	893		would have been paid at the same time if the member had
892	894		continued in employment with the county and only to the extent
893	895		that the payment is includible in the member's gross income.
894	896		2. The following amounts shall not be included in 415
895	897		compensation:
896	898		(i) Salary continuation payments for military service
897	899		participants. 415 compensation does not include payments to an
898	900		individual who does not currently perform services for the
899	901		county by reason of qualified military service to the extent
900	902		those payments do not exceed the amounts the individual would
901	903		have received if the individual had continued to perform
902	904		services for the county rather than entering qualified
903	905		military service.
904	906		(ii) Salary continuation payments for disabled
905	907		participants. 415 compensation does not include compensation
906		-	paid to a member who is permanently and totally disabled, as
907		-	defined in § 22(e)(3), Internal Revenue Code.
908		-	b. Administrative Delay or the First Few Weeks Rule.
909		-	With respect to limitation years beginning on and after July
910		-	1, 2007, 415 compensation does not include amounts earned but
911		-	not paid during the limitation year solely because of the
912	908		421
913	909		422
914	910		423
915	911		424
916	912		425
917	913		426
918	914		427
919	915		428
920	916		429
921	917		430
922	918		431
923	919		432
924	920		433
925	921		434
926	922		435
927	923		436
928	924		437
929	925		438
930	926		439
931	927		440
932	928		441
933	929		442
934	930		443
935	931		444
936	932		445
937	933		446
938	934		447
939		-	448 HB190 ~~Enrolled~~
	935	+	448 HB190 Engrossed
940	936		Page 17
	937	+	participants. 415 compensation does not include compensation
	938	+	paid to a member who is permanently and totally disabled, as
	939	+	defined in § 22(e)(3), Internal Revenue Code.
	940	+	b. Administrative Delay or the First Few Weeks Rule.
	941	+	With respect to limitation years beginning on and after July
	942	+	1, 2007, 415 compensation does not include amounts earned but
941	943		not paid during the limitation year solely because of the
942	944		timing of pay periods and pay dates.
943	945		c. Back Pay. With respect to limitation years beginning
944	946		on and after July 1, 2007, payments awarded by an
945	947		administrative agency or court or pursuant to a bona fide
946	948		agreement by the county to compensate a member for lost wages
947	949		are 415 compensation for the limitation year to which the back
948	950		pay relates, but only to the extent such payments represent
949	951		wages and compensation that would otherwise be included in 415
950	952		compensation.
951	953		(27) INVESTMENT MANAGER. An entity that has the power
952	954		to manage, acquire, or dispose of plan assets and acknowledges
953	955		fiduciary responsibility to the plan in writing. Such The
954	956		entity shall be a person an individual, firm, or corporation
955	957		registered as an investment adviser under the Investment
956	958		Advisers Act of 1940, a bank, or an insurance company.
957	959		(28) INVOLUNTARY DEFERRED RETIREMENT BENEFIT. A benefit
958	960		payable pursuant to the terms of Section 45-37-123.100(c)(3).
959	961		(29) IRC INTERNAL REVENUE CODE . The Internal Revenue
960	962		Code of 1986, as amended or replaced from time to time.
961	963		(30) JOINT SURVIVOR. The designated beneficiary of a
962	964		deceased member who shall become a member of the system upon
963	965		the deceased member's death and who is eligible to receive
964		-	payment of a preretirement joint survivorship pension benefit
965		-	pursuant to Section 45-37-123.103 or a postretirement joint
966		-	survivorship pension benefit pursuant to Section
967		-	45-37-123.101.
968		-	(30)(31) JOINT SURVIVORSHIP PENSION. Either a
969		-	preretirement joint survivorship pension or a postretirement
970	966		449
971	967		450
972	968		451
973	969		452
974	970		453
975	971		454
976	972		455
977	973		456
978	974		457
979	975		458
980	976		459
981	977		460
982	978		461
983	979		462
984	980		463
985	981		464
986	982		465
987	983		466
988	984		467
989	985		468
990	986		469
991	987		470
992	988		471
993	989		472
994	990		473
995	991		474
996	992		475
997		-	476 HB190 ~~Enrolled~~
	993	+	476 HB190 Engrossed
998	994		Page 18
	995	+	the deceased member's death and who is eligible to receive
	996	+	payment of a preretirement joint survivorship pension benefit
	997	+	pursuant to Section 45-37-123.103 or a postretirement joint
	998	+	survivorship pension benefit pursuant to Section
	999	+	45-37-123.101.
	1000	+	(30)(31) JOINT SURVIVORSHIP PENSION. Either a
999	1001		preretirement joint survivorship pension or a postretirement
1000	1002		joint survivorship pension.
1001	1003		(31)(32) LIFE EXPECTANCY. As defined in Section
1002	1004		45-37-123.106(f)(5).
1003	1005		(32)(33) MEDICAL ADVISOR. The pension board's medical
1004	1006		advisors or other appointed physicians or vocational
1005	1007		specialists.
1006	1008		(33)(34) MEMBER. Any eligible employee who, depending
1007	1009		on the context as used throughout this plan, participates, or
1008	1010		participated, in the plan as either an active member, a
1009	1011		retired member, a disabled member, or the joint survivor of a
1010	1012		deceased member who is receiving payment of a preretirement
1011	1013		joint survivorship pension benefit pursuant to Section
1012	1014		45-37-123.103 or a postretirement joint survivorship pension
1013	1015		benefit pursuant to Section 45-37-123.101 .
1014	1016		(35) MISSING BENEFICIARY. The designated beneficiary of
1015	1017		a member whose whereabouts are unknown to the system or who is
1016	1018		nonresponsive, or both.
1017	1019		(36) MISSING PARTICIPANT. A member of the system who
1018	1020		has separated from employment with the county without refund
1019	1021		of his or her employee contributions and whose whereabouts are
1020	1022		unknown to the system or who is nonresponsive, or both.
1021	1023		(34)(37) NONSERVICE CONNECTED DISABILITY. A total
1022		-	disability or partial disability while the member is employed
1023		-	by the county that is not a service connected disability.
1024		-	(38) NONVESTED. All members who are not vested.
1025		-	(35)(39) PAID MEMBERSHIP TIME. The time during which a
1026		-	member made, or shall have made, employee contributions to the
1027		-	system and other previous retirement systems, provided,
1028	1024		477
1029	1025		478
1030	1026		479
1031	1027		480
1032	1028		481
1033	1029		482
1034	1030		483
1035	1031		484
1036	1032		485
1037	1033		486
1038	1034		487
1039	1035		488
1040	1036		489
1041	1037		490
1042	1038		491
1043	1039		492
1044	1040		493
1045	1041		494
1046	1042		495
1047	1043		496
1048	1044		497
1049	1045		498
1050	1046		499
1051	1047		500
1052	1048		501
1053	1049		502
1054	1050		503
1055		-	504 HB190 ~~Enrolled~~
	1051	+	504 HB190 Engrossed
1056	1052		Page 19
	1053	+	(34)(37) NONSERVICE CONNECTED DISABILITY. A total
	1054	+	disability or partial disability while the member is employed
	1055	+	by the county that is not a service connected disability.
	1056	+	(38) NONVESTED. All members who are not vested.
	1057	+	(35)(39) PAID MEMBERSHIP TIME. The time during which a
	1058	+	member made, or shall have made, employee contributions to the
1057	1059		system and other previous retirement systems, provided,
1058	1060		however, that if a member, for any reason, including
1059	1061		termination of employment, withdraws his or her employee
1060	1062		contributions, the period during which the employee
1061	1063		contributions are withdrawn shall be considered unpaid
1062	1064		membership time, unless it is was previously converted to paid
1063	1065		membership time as provided for in Section 45-37-123.53 . Paid
1064	1066		membership time also shall include a member's absence due to
1065	1067		qualified military service. Years of paid membership time
1066	1068		shall be calculated in accordance with Section 45-37-123.84.
1067	1069		(36)(40) PARTIAL DISABILITY. A permanent disability
1068	1070		that is less than a total disability determined in accordance
1069	1071		with Section 45-37-123.102(c) 45-37-123.102(a)(3) .
1070	1072		(37)(41) PENSION BOARD. The administrator of the plan,
1071	1073		as whose powers and duties of administration are more fully
1072	1074		described in Subpart 2.
1073	1075		(42) PENSION BENEFIT. A superannuation retirement
1074	1076		benefit, early retirement benefit, or deferred retirement
1075	1077		benefit payable pursuant to Section 45-37-123.100 or a
1076	1078		preretirement or postretirement joint survivorship pension
1077	1079		payable pursuant to Section 45-37-123.103 or Section
1078	1080		45-37-123.101.
1079	1081		(43) PERSONNEL BOARD OF JEFFERSON COUNTY. The personnel
1080		-	system for employees of the county.
1081		-	(38)(44) PLAN or SYSTEM. The General Retirement System
1082		-	for Employees of Jefferson County, which plan or system may
1083		-	sue or be sued, and in such name all of its business shall be
1084		-	transacted.
1085		-	(39)(45) PLAN YEAR. The plan's accounting year of 12
1086	1082		505
1087	1083		506
1088	1084		507
1089	1085		508
1090	1086		509
1091	1087		510
1092	1088		511
1093	1089		512
1094	1090		513
1095	1091		514
1096	1092		515
1097	1093		516
1098	1094		517
1099	1095		518
1100	1096		519
1101	1097		520
1102	1098		521
1103	1099		522
1104	1100		523
1105	1101		524
1106	1102		525
1107	1103		526
1108	1104		527
1109	1105		528
1110	1106		529
1111	1107		530
1112	1108		531
1113		-	532 HB190 ~~Enrolled~~
	1109	+	532 HB190 Engrossed
1114	1110		Page 20
	1111	+	(43) PERSONNEL BOARD OF JEFFERSON COUNTY. The personnel
	1112	+	system for employees of the county.
	1113	+	(38)(44) PLAN or SYSTEM. The General Retirement System
	1114	+	for Employees of Jefferson County, which plan or system may
	1115	+	sue or be sued, and in such name all of its business shall be
	1116	+	transacted.
1115	1117		(39)(45) PLAN YEAR. The plan's accounting year of 12
1116	1118		months commencing on January 1 of each year and ending the
1117	1119		following December 31.
1118	1120		(40)(46) POSTRETIREMENT JOINT SURVIVORSHIP PENSION. The
1119	1121		benefit described in Section 45-37-123.101.
1120	1122		(41)(47) PRERETIREMENT JOINT SURVIVORSHIP PENSION. The
1121	1123		benefit described in Section 45-37-123.103.
1122	1124		(42)(48) PREVIOUS RETIREMENT SYSTEMS. The retirement
1123	1125		systems established by Acts 1953, No. 551, 1953 Regular
1124	1126		Session (Acts 1953, p. 766), as amended, the Employees'
1125	1127		Retirement System of Jefferson County, and by Acts 1961, No.
1126	1128		843, 1961 Regular Session (Acts 1961, p. 1250), as amended,
1127	1129		the Employees General Retirement System of Jefferson County.
1128	1130		(43)(49) QUALIFIED MILITARY SERVICE. Except as
1129	1131		otherwise subsequently provided under § 414(u), Internal
1130	1132		Revenue Code, the performance of duty, on a voluntary or
1131	1133		involuntary basis, in a uniformed service under competent
1132	1134		authority, and includes active duty, active duty for training,
1133	1135		initial active duty for training, inactive duty training,
1134	1136		full-time national guard duty, a period for which a person an
1135	1137		individual is absent from a position of employment for the
1136	1138		purpose of an examination to determine the fitness of the
1137	1139		person individual to perform any such duty, and a period for
1138		-	which a person an individual is absent from employment for the
1139		-	purpose of performing funeral honors duty.
1140		-	(44)(50) REGULAR DEFERRED RETIREMENT BENEFIT. A benefit
1141		-	payable pursuant to the terms of Section 45-37-123.100(c)(2).
1142		-	(45)(51) REGULATION. The income tax regulations as
1143		-	promulgated adopted by the Secretary of the Treasury or a
1144	1140		533
1145	1141		534
1146	1142		535
1147	1143		536
1148	1144		537
1149	1145		538
1150	1146		539
1151	1147		540
1152	1148		541
1153	1149		542
1154	1150		543
1155	1151		544
1156	1152		545
1157	1153		546
1158	1154		547
1159	1155		548
1160	1156		549
1161	1157		550
1162	1158		551
1163	1159		552
1164	1160		553
1165	1161		554
1166	1162		555
1167	1163		556
1168	1164		557
1169	1165		558
1170	1166		559
1171		-	560 HB190 ~~Enrolled~~
	1167	+	560 HB190 Engrossed
1172	1168		Page 21
	1169	+	person individual to perform any such duty, and a period for
	1170	+	which a person an individual is absent from employment for the
	1171	+	purpose of performing funeral honors duty.
	1172	+	(44)(50) REGULAR DEFERRED RETIREMENT BENEFIT. A benefit
	1173	+	payable pursuant to the terms of Section 45-37-123.100(c)(2).
	1174	+	(45)(51) REGULATION. The income tax regulations as
1173	1175		promulgated adopted by the Secretary of the Treasury or a
1174	1176		delegate of the Secretary of the Treasury, as amended from
1175	1177		time to time.
1176	1178		(46)(52) REQUIRED BEGINNING DATE. As defined in Section
1177	1179		45-37-123.106(f)(6).
1178	1180		(47)(53) RETIRED MEMBER. An individual who currently is
1179	1181		receiving a pension benefits benefit from the system pursuant
1180	1182		to Section 45-37-123.100 .
1181	1183		(48)(54) SERVICE CONNECTED DISABILITY. A total
1182	1184		disability or partial disability, caused by an accident or
1183	1185		injury arising out of and in the course of a member's
1184	1186		employment with the county.
1185	1187		(49)(55) SERVICE RECORD. An employee's record of
1186	1188		service upon which the pension board bases all of the member's
1187	1189		benefit calculations, including records of the county.
1188	1190		(50)(56) SICK LEAVE RETIREMENT CONVERSION. A program
1189	1191		sponsored by the county or other entities set forth in
1190	1192		subdivision (20) wherein a member is paid for accumulated sick
1191	1193		leave time.
1192	1194		(51)(57) SUPERANNUATION RETIREMENT BENEFIT. A benefit
1193	1195		payable pursuant to the terms of subsection (a) of Section
1194	1196		45-37-123.100 45-37-123.100(a) .
1195	1197		(52)(58) SYSTEM or PLAN. The General Retirement System
1196		-	for Employees of Jefferson County, which system or plan may
1197		-	sue or be sued, and in such name all of its business shall be
1198		-	transacted.
1199		-	(53)(59) SPOUSE. The legal wife or husband of a member
1200		-	as determined in accordance with federal law.
1201		-	(54)(60) TOTAL DISABILITY. A permanent physical or
1202	1198		561
1203	1199		562
1204	1200		563
1205	1201		564
1206	1202		565
1207	1203		566
1208	1204		567
1209	1205		568
1210	1206		569
1211	1207		570
1212	1208		571
1213	1209		572
1214	1210		573
1215	1211		574
1216	1212		575
1217	1213		576
1218	1214		577
1219	1215		578
1220	1216		579
1221	1217		580
1222	1218		581
1223	1219		582
1224	1220		583
1225	1221		584
1226	1222		585
1227	1223		586
1228	1224		587
1229		-	588 HB190 ~~Enrolled~~
	1225	+	588 HB190 Engrossed
1230	1226		Page 22
	1227	+	(52)(58) SYSTEM or PLAN. The General Retirement System
	1228	+	for Employees of Jefferson County, which system or plan may
	1229	+	sue or be sued, and in such name all of its business shall be
	1230	+	transacted.
	1231	+	(53)(59) SPOUSE. The legal wife or husband of a member
	1232	+	as determined in accordance with federal law.
1231	1233		(54)(60) TOTAL DISABILITY. A permanent physical or
1232	1234		mental condition of a member resulting from bodily injury,
1233	1235		disease, or mental disorder which renders such member
1234	1236		incapable of continuing usual and customary employment with
1235	1237		the county. The disability of a member shall be determined by
1236	1238		a licensed medical advisor.
1237	1239		(55)(61) TRUSTEE. The pension board or the person
1238	1240		individual or entity appointed by the pension board and named
1239	1241		as trustee herein or in any separate trust forming a part of
1240	1242		the plan, and any successors.
1241	1243		(56)(62) TRUST FUND. The tax-qualified trust in which
1242	1244		certain plan funds are held, disbursed, transferred, and
1243	1245		invested by the trustee at the pension board's, or its
1244	1246		designated investment manager's, discretion and in accordance
1245	1247		with this part, the Internal Revenue Code, and other
1246	1248		applicable laws and regulations.
1247	1249		(57)(63) UNPAID MEMBERSHIP TIME.
1248	1250		a. Subject to paragraph d., all of the following:
1249	1251		1. Time during which a member was employed by the
1250	1252		county, but the member did not make employee contributions to
1251	1253		the system and/or or other previous retirement systems , or
1252	1254		both.
1253	1255		2. Time during which a member withdrew employee
1254		-	contributions for any reason, including upon a termination of
1255		-	employment, unless this period of time is was later converted
1256		-	to paid membership time as provided for in Section
1257		-	45-37-123.53.
1258		-	3. Time during which a person an individual held an
1259		-	elective office or was employed in a full-time job or position
1260	1256		589
1261	1257		590
1262	1258		591
1263	1259		592
1264	1260		593
1265	1261		594
1266	1262		595
1267	1263		596
1268	1264		597
1269	1265		598
1270	1266		599
1271	1267		600
1272	1268		601
1273	1269		602
1274	1270		603
1275	1271		604
1276	1272		605
1277	1273		606
1278	1274		607
1279	1275		608
1280	1276		609
1281	1277		610
1282	1278		611
1283	1279		612
1284	1280		613
1285	1281		614
1286	1282		615
1287		-	616 HB190 ~~Enrolled~~
	1283	+	616 HB190 Engrossed
1288	1284		Page 23
	1285	+	2. Time during which a member withdrew employee
	1286	+	contributions for any reason, including upon a termination of
	1287	+	employment, unless this period of time is was later converted
	1288	+	to paid membership time as provided for in Section
	1289	+	45-37-123.53.
	1290	+	3. Time during which a person an individual held an
1289	1291		elective office or was employed in a full-time job or position
1290	1292		in the service of any municipality, governmental agency, or
1291	1293		subdivision or held an elective office, provided that at the
1292	1294		time the person individual served with such the municipality,
1293	1295		governmental agency, or subdivision, it was subject to the
1294	1296		countywide civil service law Personnel Board of Jefferson
1295	1297		County.
1296	1298		b. Unpaid membership time shall not include any of the
1297	1299		following:
1298	1300		1. Service with a municipality, governmental agency, or
1299	1301		subdivision if the employee received a pension from such
1300	1302		municipality, governmental agency, or subdivision, on account
1301	1303		of such service or if such service was considered in the
1302	1304		calculation of the pension.
1303	1305		2. Any unpaid membership time that has been converted
1304	1306		to paid membership time.
1305	1307		3. Any service in a temporary job or position, as
1306	1308		determined by the pension board.
1307	1309		c. If such prior service with a municipality,
1308	1310		governmental agency, or subdivision was not an elective office
1309	1311		or in a classified position, such prior service shall not be
1310	1312		treated as unpaid membership time unless such employee
1311	1313		establishes to the satisfaction of the pension board that such
1312		-	service was a full-time job.
1313		-	d. Only with respect to employees entering the system
1314		-	on or before August 16, 1996, years of unpaid membership time
1315		-	are used in computing accrued benefits under the plan, as are
1316		-	months of unpaid membership time. Months are converted into a
1317		-	fraction of a year as set forth in Section 45-37-123.84.
1318	1314		617
1319	1315		618
1320	1316		619
1321	1317		620
1322	1318		621
1323	1319		622
1324	1320		623
1325	1321		624
1326	1322		625
1327	1323		626
1328	1324		627
1329	1325		628
1330	1326		629
1331	1327		630
1332	1328		631
1333	1329		632
1334	1330		633
1335	1331		634
1336	1332		635
1337	1333		636
1338	1334		637
1339	1335		638
1340	1336		639
1341	1337		640
1342	1338		641
1343	1339		642
1344	1340		643
1345		-	644 HB190 ~~Enrolled~~
	1341	+	644 HB190 Engrossed
1346	1342		Page 24
	1343	+	establishes to the satisfaction of the pension board that such
	1344	+	service was a full-time job.
	1345	+	d. Only with respect to employees entering the system
	1346	+	on or before August 16, 1996, years of unpaid membership time
	1347	+	are used in computing accrued benefits under the plan, as are
	1348	+	months of unpaid membership time. Months are converted into a
1347	1349		fraction of a year as set forth in Section 45-37-123.84.
1348	1350		Notwithstanding any provision of the plan to the contrary,
1349	1351		unpaid membership time shall not accrue after August 16, 1996,
1350	1352		and shall not apply to members who initially join the system,
1351	1353		or members who rejoin the system after having withdrawn, after
1352	1354		August 16, 1996.
1353	1355		(58)(64) VESTED. The portion of a member's benefits
1354	1356		under the plan that generally are have accrued pursuant to
1355	1357		Section 45-37-123.100(c)(2)b. and are therefore
1356	1358		nonforfeitable. Subject to Section 45-37-123.83, relating to
1357	1359		failure to claim a refund of employee contributions within the
1358	1360		five-year period, a A member's benefit shall become
1359	1361		nonforfeitable, or vested, and nonforfeitable upon any of the
1360	1362		following events:
1361	1363		a. The member's accrual of at least 10 years of paid
1362	1364		service;
1363	1365		a.b. Partial or full termination of the plan as set
1364	1366		forth in Section 45-37-123.170; and or
1365	1367		b.c. Meeting the eligibility conditions for entitlement
1366	1368		to a benefit under Subpart 5.
1367	1369		(59)(65) WORKER'S COMPENSATION BENEFITS. Any benefit
1368	1370		paid to a member under any worker's compensation law of the
1369	1371		State of Alabama for any injury or disability suffered by such
1370		-	member while working for the county on the job or position by
1371		-	reason of which he or she is a member. Additionally, worker's
1372		-	compensation benefits are included in compensation for
1373		-	purposes of determining employee contributions pursuant to
1374		-	Section 45-37-123.82. Worker's compensation benefits are
1375		-	included in compensation for purposes of calculating a
1376	1372		645
1377	1373		646
1378	1374		647
1379	1375		648
1380	1376		649
1381	1377		650
1382	1378		651
1383	1379		652
1384	1380		653
1385	1381		654
1386	1382		655
1387	1383		656
1388	1384		657
1389	1385		658
1390	1386		659
1391	1387		660
1392	1388		661
1393	1389		662
1394	1390		663
1395	1391		664
1396	1392		665
1397	1393		666
1398	1394		667
1399	1395		668
1400	1396		669
1401	1397		670
1402	1398		671
1403		-	672 HB190 ~~Enrolled~~
	1399	+	672 HB190 Engrossed
1404	1400		Page 25
	1401	+	State of Alabama for any injury or disability suffered by such
	1402	+	member while working for the county on the job or position by
	1403	+	reason of which he or she is a member. Additionally, worker's
	1404	+	compensation benefits are included in compensation for
	1405	+	purposes of determining employee contributions pursuant to
	1406	+	Section 45-37-123.82. Worker's compensation benefits are
1405	1407		included in compensation for purposes of calculating a
1406	1408		retirement pension benefit only if inclusion of such worker's
1407	1409		compensation benefits produces a higher benefit than exclusion
1408	1410		of such worker's compensation benefits."
1409	1411		"§45-37-123.20
1410	1412		(a) Provisions of records. The county shall provide all
1411	1413		records and documents necessary to determine an employee's
1412	1414		status and eligibility for membership in the plan, upon which
1413	1415		a service record shall be created.
1414	1416		(b) Contributions. The county shall contribute an
1415	1417		amount equal to six percent of an employee's compensation from
1416	1418		the county's general assets to the trust fund system, as
1417	1419		provided in Section 45-37-123.80. The county also shall
1418	1420		withhold six percent of an employee's compensation each pay
1419	1421		period as provided in Section 45-37-123.82. The county also
1420	1422		shall contribute any amounts received pursuant to Section
1421	1423		45-37-233, attributable to pistol permits. Additionally, the
1422	1424		county may pay into the trust fund system from the general
1423	1425		funds of the county, in such installments or times as the
1424	1426		county may elect, an amount or amounts sufficient to assure
1425	1427		that the system is actuarially sound. The system shall remit
1426	1428		contributions to the trust fund as soon as practicable. The
1427	1429		pension board may first pay any sums reasonably necessary to
1428		-	defray administrative expenses of the plan as determined by
1429		-	the pension board subject to Section 45-37-123.194. The county
1430		-	shall also contribute any amounts received pursuant to Section
1431		-	45-37-233, attributable to pistol permits, to the system,
1432		-	which shall not be considered plan assets. Any funds
1433		-	contributed pursuant to Section 45-37-233 shall be remitted to
1434	1430		673
1435	1431		674
1436	1432		675
1437	1433		676
1438	1434		677
1439	1435		678
1440	1436		679
1441	1437		680
1442	1438		681
1443	1439		682
1444	1440		683
1445	1441		684
1446	1442		685
1447	1443		686
1448	1444		687
1449	1445		688
1450	1446		689
1451	1447		690
1452	1448		691
1453	1449		692
1454	1450		693
1455	1451		694
1456	1452		695
1457	1453		696
1458	1454		697
1459	1455		698
1460	1456		699
1461		-	700 HB190 ~~Enrolled~~
	1457	+	700 HB190 Engrossed
1462	1458		Page 26
	1459	+	pension board may first pay any sums reasonably necessary to
	1460	+	defray administrative expenses of the plan as determined by
	1461	+	the pension board subject to Section 45-37-123.194. The county
	1462	+	shall also contribute any amounts received pursuant to Section
	1463	+	45-37-233, attributable to pistol permits, to the system,
	1464	+	which shall not be considered plan assets. Any funds
1463	1465		contributed pursuant to Section 45-37-233 shall be remitted to
1464	1466		a system depository account and treated as general assets of
1465	1467		the system as a legal entity separate and distinct from the
1466	1468		plan and its trust. "
1467	1469		"§45-37-123.21
1468	1470		(a) General administration. The role of the pension
1469	1471		board is established by the State of Alabama through
1470	1472		legislative act. The pension board is responsible for the
1471	1473		general administration and proper operation of the plan. The
1472	1474		pension board also is responsible for making effective the
1473	1475		provisions of the act.
1474	1476		(b) Qualifications of pension board members. In
1475	1477		addition to the qualifications set forth in subsection (c),
1476	1478		any individual elected or appointed to the pension board shall
1477	1479		complete a background check before the commencement of his or
1478	1480		her term. A prior conviction for a crime of moral turpitude
1479	1481		including, but not limited to, the misappropriation of the
1480	1482		funds or property of another, shall, as determined by the
1481	1483		pension board, disqualify any individual elected or appointed
1482	1484		to the pension board from serving on the pension board.
1483	1485		(b)(c) Composition of pension board. The pension board
1484	1486		is comprised of five members, designated respectively as
1485	1487		member number one, member number two, member number three,
1486		-	member number four, and member number five.
1487		-	(1) MEMBER NUMBER ONE. Member number one shall be
1488		-	appointed by the governing body of the county and shall serve
1489		-	as chairman of the pension board. Member number one shall have
1490		-	a minimum of 10 years' experience in an executive capacity in
1491		-	insurance, investment management/consultant, or actuarial
1492	1488		701
1493	1489		702
1494	1490		703
1495	1491		704
1496	1492		705
1497	1493		706
1498	1494		707
1499	1495		708
1500	1496		709
1501	1497		710
1502	1498		711
1503	1499		712
1504	1500		713
1505	1501		714
1506	1502		715
1507	1503		716
1508	1504		717
1509	1505		718
1510	1506		719
1511	1507		720
1512	1508		721
1513	1509		722
1514	1510		723
1515	1511		724
1516	1512		725
1517	1513		726
1518	1514		727
1519		-	728 HB190 ~~Enrolled~~
	1515	+	728 HB190 Engrossed
1520	1516		Page 27
	1517	+	member number one, member number two, member number three,
	1518	+	member number four, and member number five.
	1519	+	(1) MEMBER NUMBER ONE. Member number one shall be
	1520	+	appointed by the governing body of the county and shall serve
	1521	+	as chairman of the pension board. Member number one shall have
	1522	+	a minimum of 10 years' experience in an executive capacity in
1521	1523		insurance, investment management/consultant, or actuarial
1522	1524		work. The initial term of member number one shall be for one
1523	1525		year; and thereafter the term of member number one shall be
1524	1526		for three years.
1525	1527		(2) MEMBER NUMBER TWO. Member number two shall be
1526	1528		appointed by the judge of probate, who is an elected official
1527	1529		of the county. Member number two shall have a minimum of 10
1528	1530		years' experience in an executive capacity in investing or
1529	1531		banking. The initial term of member number two shall expire at
1530	1532		the end of two years; and thereafter the term of member number
1531	1533		two shall be for three years.
1532	1534		(3) MEMBER NUMBER THREE. Member number three shall be
1533	1535		appointed by the Jefferson County Personnel Board of Jefferson
1534	1536		County. Member number three shall have a minimum of 10 years'
1535	1537		experience as a certified public accountant. The initial term
1536	1538		of member number three shall expire at the end of three years;
1537	1539		and the term of member number three shall be for three years.
1538	1540		(4) MEMBERS NUMBER FOUR AND FIVE. Member number four
1539	1541		and member number five shall be elected by the members of the
1540	1542		system. Member number four shall be a retired member of the
1541	1543		system. Member number five shall be a member of the system.
1542	1544		The initial term of member number four shall be for one year;
1543	1545		and thereafter the term of member number four shall be for
1544		-	three years. Member number five shall be elected for terms of
1545		-	three years.
1546		-	(c)(d) Procedure for the election of board members four
1547		-	and five and selection of the election board.
1548		-	(1) Elections of member number four and member number
1549		-	five shall be conducted by separate paper or electronic ballot
1550	1546		729
1551	1547		730
1552	1548		731
1553	1549		732
1554	1550		733
1555	1551		734
1556	1552		735
1557	1553		736
1558	1554		737
1559	1555		738
1560	1556		739
1561	1557		740
1562	1558		741
1563	1559		742
1564	1560		743
1565	1561		744
1566	1562		745
1567	1563		746
1568	1564		747
1569	1565		748
1570	1566		749
1571	1567		750
1572	1568		751
1573	1569		752
1574	1570		753
1575	1571		754
1576	1572		755
1577		-	756 HB190 ~~Enrolled~~
	1573	+	756 HB190 Engrossed
1578	1574		Page 28
	1575	+	and thereafter the term of member number four shall be for
	1576	+	three years. Member number five shall be elected for terms of
	1577	+	three years.
	1578	+	(c)(d) Procedure for the election of board members four
	1579	+	and five and selection of the election board.
	1580	+	(1) Elections of member number four and member number
1579	1581		five shall be conducted by separate paper or electronic ballot
1580	1582		pursuant to procedures established by the pension board.
1581	1583		(2) The members of the system shall elect member number
1582	1584		four and member number five. The pension board shall give at
1583	1585		least 15 days' written notice of the time and procedure of the
1584	1586		election by posting the same in at least three prominent
1585	1587		places in the county courthouse on the retirement system
1586	1588		website and by delivering three copies of the same an
1587	1589		electronic or paper copy of the written notice to the county
1588	1590		manager who shall inform all persons individuals on the county
1589	1591		payroll of the election; however, the failure to inform all
1590	1592		such employees of the election shall not invalidate the
1591	1593		election.
1592	1594		(3) The elections of member number four and member
1593	1595		number five shall be supervised by three members of the system
1594	1596		serving volunteering to serve as the election board. The
1595	1597		members that volunteer to serve as the election board shall be
1596	1598		appointed by the members of the system at the annual meeting
1597	1599		as provided for in Section 45-37-123.22(b)(14). If the members
1598	1600		of the system fail to appoint members to the election board,
1599	1601		or if any member so appointed cannot or will not volunteer to
1600	1602		serve on the election board, the pension board shall appoint
1601	1603		the members of the election board. The pension board may
1602		-	prescribe additional rules for the elections of member number
1603		-	four and member number five not inconsistent with the
1604		-	provisions hereof.
1605		-	(d)(e) Vacancy, how filled. If a vacancy occurs on the
1606		-	pension board, such vacancy shall be filled for the unexpired
1607		-	term in the same manner as the office was previously filled.
1608	1604		757
1609	1605		758
1610	1606		759
1611	1607		760
1612	1608		761
1613	1609		762
1614	1610		763
1615	1611		764
1616	1612		765
1617	1613		766
1618	1614		767
1619	1615		768
1620	1616		769
1621	1617		770
1622	1618		771
1623	1619		772
1624	1620		773
1625	1621		774
1626	1622		775
1627	1623		776
1628	1624		777
1629	1625		778
1630	1626		779
1631	1627		780
1632	1628		781
1633	1629		782
1634	1630		783
1635		-	784 HB190 ~~Enrolled~~
	1631	+	784 HB190 Engrossed
1636	1632		Page 29
	1633	+	the members of the election board. The pension board may
	1634	+	prescribe additional rules for the elections of member number
	1635	+	four and member number five not inconsistent with the
	1636	+	provisions hereof.
	1637	+	(d)(e) Vacancy, how filled. If a vacancy occurs on the
	1638	+	pension board, such vacancy shall be filled for the unexpired
1637	1639		term in the same manner as the office was previously filled.
1638	1640		(e)(f) Resignation or removal of pension board member.
1639	1641		A member of the pension board may resign by delivering a
1640	1642		written resignation to the executive director or be removed by
1641	1643		the unanimous vote of the other members of the pension board
1642	1644		at a duly called meeting of the pension board.
1643	1645		(f)(g) Secretary. The secretary of the pension board
1644	1646		shall be the executive director.
1645	1647		(g)(h) Salary and expenses. The Subject to Section
1646	1648		45-37-123.194, the members of the pension board shall serve
1647	1649		without pay, but shall be reimbursed for expenses actually
1648	1650		paid or incurred in the discharge of their official duties,
1649	1651		and shall suffer no loss of salary or wages, if employed by
1650	1652		the county, through service on the board."
1651	1653		"§45-37-123.22
1652	1654		(a) The pension board shall be responsible for the
1653	1655		general administration and proper operation of the plan, and
1654	1656		shall administer the plan for the exclusive benefit of the
1655	1657		members and their designated beneficiaries, subject to the
1656	1658		specific terms of the plan. The pension board shall administer
1657	1659		the plan in accordance with its terms and shall have the power
1658	1660		and discretion to construe the terms of the plan and the act
1659	1661		and to determine all questions arising in connection with the
1660		-	administration, interpretation, and application of the plan.
1661		-	Any such determination by the pension board shall be
1662		-	conclusive and binding upon all persons individuals. The
1663		-	pension board may establish procedures, correct any defect,
1664		-	supply any information, or reconcile any inconsistency in such
1665		-	manner and to such extent as shall be deemed necessary or
1666	1662		785
1667	1663		786
1668	1664		787
1669	1665		788
1670	1666		789
1671	1667		790
1672	1668		791
1673	1669		792
1674	1670		793
1675	1671		794
1676	1672		795
1677	1673		796
1678	1674		797
1679	1675		798
1680	1676		799
1681	1677		800
1682	1678		801
1683	1679		802
1684	1680		803
1685	1681		804
1686	1682		805
1687	1683		806
1688	1684		807
1689	1685		808
1690	1686		809
1691	1687		810
1692	1688		811
1693		-	812 HB190 ~~Enrolled~~
	1689	+	812 HB190 Engrossed
1694	1690		Page 30
	1691	+	and to determine all questions arising in connection with the
	1692	+	administration, interpretation, and application of the plan.
	1693	+	Any such determination by the pension board shall be
	1694	+	conclusive and binding upon all persons individuals. The
	1695	+	pension board may establish procedures, correct any defect,
	1696	+	supply any information, or reconcile any inconsistency in such
1695	1697		manner and to such extent as shall be deemed necessary or
1696	1698		advisable to carry out the purpose of the plan; provided,
1697	1699		however, that any procedure, discretionary act,
1698	1700		interpretation, or construction shall be done in a
1699	1701		nondiscriminatory manner based upon uniform principles
1700	1702		consistently applied and shall be consistent with the intent
1701	1703		that the plan shall continue to be deemed a qualified plan
1702	1704		under the terms of § 401(a), Internal Revenue Code, and shall
1703	1705		comply with the terms of the act and all regulations issued
1704	1706		pursuant thereto. The pension board shall have all powers
1705	1707		necessary or appropriate to accomplish the pension board's
1706	1708		duties under the plan.
1707	1709		(b) The pension board shall be charged with the duties
1708	1710		of the general administration of the plan as set forth under
1709	1711		the terms of the plan, including, but not limited to, all of
1710	1712		the following:
1711	1713		(1) To determine all questions relating to the
1712	1714		eligibility of employees to participate or remain a member
1713	1715		hereunder and to receive benefits under the plan.
1714	1716		(2) To compute and certify the amount and the kind of
1715	1717		benefits to which any member shall be entitled hereunder.
1716	1718		(3) To maintain all necessary records for the
1717	1719		administration of the plan.
1718		-	(4) To interpret the provisions of the plan and to make
1719		-	and publish such rules for regulation of the plan and the
1720		-	administration of any benefit provided as are consistent with
1721		-	the act and the terms hereof applicable law.
1722		-	(5) To establish rules and regulations for the
1723		-	administration of plan funds and for the transaction of the
1724	1720		813
1725	1721		814
1726	1722		815
1727	1723		816
1728	1724		817
1729	1725		818
1730	1726		819
1731	1727		820
1732	1728		821
1733	1729		822
1734	1730		823
1735	1731		824
1736	1732		825
1737	1733		826
1738	1734		827
1739	1735		828
1740	1736		829
1741	1737		830
1742	1738		831
1743	1739		832
1744	1740		833
1745	1741		834
1746	1742		835
1747	1743		836
1748	1744		837
1749	1745		838
1750	1746		839
1751		-	840 HB190 ~~Enrolled~~
	1747	+	840 HB190 Engrossed
1752	1748		Page 31
	1749	+	administration of the plan.
	1750	+	(4) To interpret the provisions of the plan and to make
	1751	+	and publish such rules for regulation of the plan and the
	1752	+	administration of any benefit provided as are consistent with
	1753	+	the act and the terms hereof applicable law.
	1754	+	(5) To establish rules and regulations for the
1753	1755		administration of plan funds and for the transaction of the
1754	1756		plan's business including, without limitation, the suspension
1755	1757		or reinstatement of benefits to missing participants or
1756	1758		missing beneficiaries .
1757	1759		(6) To exercise any investment discretion in a manner
1758	1760		designed to accomplish specific objectives related to the
1759	1761		plan's long-term and short-term liquidity needs.
1760	1762		(7) To prepare and provide active members with an
1761	1763		annual estimated benefit statement notifying them of their
1762	1764		estimated benefits.
1763	1765		(8) To prepare and provide retired members with a
1764	1766		one-time notification of their benefit payment amounts, and to
1765	1767		provide retired members with periodic notification of cost of
1766	1768		living cost-of-living benefit increases which may be awarded
1767	1769		by the pension board in any form, lump sum, or otherwise.
1768	1770		(9) To determine the validity of, and take appropriate
1769	1771		action with respect to, any divorce decree, or other judicial
1770	1772		order presented to the pension board.
1771	1773		(10) To assist any member regarding the member's
1772	1774		rights, benefits, or elections available under the plan.
1773	1775		(11) To, by written agreement or designation, appoint
1774	1776		at its option an investment manager, qualified under the
1775	1777		Investment Company Act of 1940, as amended, investment
1776		-	adviser, or other agent to provide direction regarding any or
1777		-	all of the plan assets. Such appointment shall specifically
1778		-	identify the plan assets with respect to which the investment
1779		-	manager or other agent shall have authority to direct the
1780		-	investment.
1781		-	(12) To establish an investment policy.
1782	1778		841
1783	1779		842
1784	1780		843
1785	1781		844
1786	1782		845
1787	1783		846
1788	1784		847
1789	1785		848
1790	1786		849
1791	1787		850
1792	1788		851
1793	1789		852
1794	1790		853
1795	1791		854
1796	1792		855
1797	1793		856
1798	1794		857
1799	1795		858
1800	1796		859
1801	1797		860
1802	1798		861
1803	1799		862
1804	1800		863
1805	1801		864
1806	1802		865
1807	1803		866
1808	1804		867
1809		-	868 HB190 ~~Enrolled~~
	1805	+	868 HB190 Engrossed
1810	1806		Page 32
	1807	+	Investment Company Act of 1940, as amended, investment
	1808	+	adviser, or other agent to provide direction regarding any or
	1809	+	all of the plan assets. Such appointment shall specifically
	1810	+	identify the plan assets with respect to which the investment
	1811	+	manager or other agent shall have authority to direct the
	1812	+	investment.
1811	1813		(12) To establish an investment policy.
1812	1814		(13) To establish a privacy policy for the protection
1813	1815		of a member's personal information, subject to applicable law.
1814	1816		(14) To hold an annual meeting of the members at least
1815	1817		once per calendar year and provide at least seven days'
1816	1818		written notice of the meeting to all members on the retirement
1817	1819		system website or at either their place of work, last known
1818	1820		address, or by electronic mail.
1819	1821		(15) To determine appropriate rules and regulations to
1820	1822		determine how much service per calendar year is equivalent to
1821	1823		one year of service, in accordance with Section 45-37-123.84.
1822	1824		(16) To develop rules and regulations, amend the plan,
1823	1825		subject to the provisions of Section 45-37-123.150, and
1824	1826		provide for increases in benefits, subject to the provisions
1825	1827		of Section 45-37-123.151.
1826	1828		(17) Notwithstanding any provisions of the plan to the
1827	1829		contrary, to amend the plan in order to comply with federal
1828	1830		law, and any such amendment shall be given full effect under
1829	1831		Alabama law.
1830	1832		(18) To purchase insurance coverage in such forms and
1831	1833		amounts as may be determined by the pension board.
1832	1834		(19) To provide employees of the system with health,
1833	1835		dental, vision, and other forms of insurance, paid vacation,
1834		-	sick leave, tuition reimbursement, and any other benefits as
1835		-	determined by the pension board.
1836		-	(20) To provide members of the system with voluntary
1837		-	life, disability, and other forms of insurance, the cost of
1838		-	which is paid by the member.
1839		-	(21) To conduct meetings and business in person or by
1840	1836		869
1841	1837		870
1842	1838		871
1843	1839		872
1844	1840		873
1845	1841		874
1846	1842		875
1847	1843		876
1848	1844		877
1849	1845		878
1850	1846		879
1851	1847		880
1852	1848		881
1853	1849		882
1854	1850		883
1855	1851		884
1856	1852		885
1857	1853		886
1858	1854		887
1859	1855		888
1860	1856		889
1861	1857		890
1862	1858		891
1863	1859		892
1864	1860		893
1865	1861		894
1866	1862		895
1867		-	896 HB190 ~~Enrolled~~
	1863	+	896 HB190 Engrossed
1868	1864		Page 33
	1865	+	dental, vision, and other forms of insurance, paid vacation,
	1866	+	sick leave, tuition reimbursement, and any other benefits as
	1867	+	determined by the pension board.
	1868	+	(20) To provide members of the system with voluntary
	1869	+	life, disability, and other forms of insurance, the cost of
	1870	+	which is paid by the member.
1869	1871		(21) To conduct meetings and business in person or by
1870	1872		video conference, telephone conference, or electronic
1871	1873		communication.
1872	1874		(22) To participate in emergency relief programs of the
1873	1875		United States, the State of Alabama, and their departments,
1874	1876		agencies, and instrumentalities.
1875	1877		(23) To recover costs and reasonable attorney's fees in
1876	1878		actions in which the pension board seeks to recover funds of
1877	1879		the retirement system erroneously paid to members,
1878	1880		beneficiaries, and third parties.
1879	1881		(24) To authorize the plan to defend and indemnify the
1880	1882		pension board and each of its individual members, employees of
1881	1883		the system, and the system as a legal entity separate and
1882	1884		distinct from the plan from any claim, action, or judgment
1883	1885		connected with or arising from any decision, act, or omission
1884	1886		undertaken within the scope of its or their official capacity
1885	1887		in furtherance of the purposes for which the system is
1886	1888		established to the extent allowed by applicable law and §
1887	1889		401(a), Internal Revenue Code.
1888	1890		(25) To interplead funds into a court of competent
1889	1891		jurisdiction when the pension board cannot determine the owner
1890	1892		of said funds or for any other reason allowed under applicable
1891	1893		law.
1892		-	(c) Failure of the pension board to follow any
1893		-	provisions or procedures in the plan shall not constitute a
1894		-	waiver of any provision or procedure contained herein."
1895		-	"§45-37-123.23
1896		-	(a) Records. The pension board shall keep minutes of
1897		-	its meetings. Additionally, the pension board shall keep all
1898	1894		897
1899	1895		898
1900	1896		899
1901	1897		900
1902	1898		901
1903	1899		902
1904	1900		903
1905	1901		904
1906	1902		905
1907	1903		906
1908	1904		907
1909	1905		908
1910	1906		909
1911	1907		910
1912	1908		911
1913	1909		912
1914	1910		913
1915	1911		914
1916	1912		915
1917	1913		916
1918	1914		917
1919	1915		918
1920	1916		919
1921	1917		920
1922	1918		921
1923	1919		922
1924	1920		923
1925		-	924 HB190 ~~Enrolled~~
	1921	+	924 HB190 Engrossed
1926	1922		Page 34
	1923	+	law.
	1924	+	(c) Failure of the pension board to follow any
	1925	+	provisions or procedures in the plan shall not constitute a
	1926	+	waiver of any provision or procedure contained herein."
	1927	+	"§45-37-123.23
	1928	+	(a) Records. The pension board shall keep minutes of
1927	1929		its meetings. Additionally, the pension board shall keep all
1928	1930		other books of account, records, policies, compensation
1929	1931		records, service records, and other data that may be necessary
1930	1932		for proper administration of the plan and shall be responsible
1931	1933		for supplying all information and reports to the Internal
1932	1934		Revenue Service, members, designated beneficiaries, and others
1933	1935		as may be required by law. Records, as provided in this
1934	1936		subsection, are not public records.
1935	1937		(b) Correction of records.
1936	1938		(1) The pension board shall correct any error in a
1937	1939		member's service record which the pension board concludes is
1938	1940		necessary to correct or remove an injustice or prevent a
1939	1941		member from receiving less or more than such member is
1940	1942		entitled to receive under the plan. The pension board shall
1941	1943		adopt written rules prescribing the procedure the pension
1942	1944		board shall follow in considering whether an error in an
1943	1945		employee's service record should be corrected. Correction of
1944	1946		service records shall be subject to the following limitations:
1945	1947		a. No error in the service record shall be corrected
1946	1948		except by the pension board.
1947	1949		b. The pension board shall not correct any error in an
1948	1950		employee's service record until it has accorded, or offered to
1949	1951		accord, the employee a hearing regarding the proposed
1950		-	correction, which hearing shall not be conducted until after
1951		-	the employee has received at least two weeks' notice of the
1952		-	nature of the proposed correction and of the time and place at
1953		-	which the proposed correction shall be considered.
1954		-	c. No correction of an error shall be made at an
1955		-	employee's request unless the employee files with the pension
1956	1952		925
1957	1953		926
1958	1954		927
1959	1955		928
1960	1956		929
1961	1957		930
1962	1958		931
1963	1959		932
1964	1960		933
1965	1961		934
1966	1962		935
1967	1963		936
1968	1964		937
1969	1965		938
1970	1966		939
1971	1967		940
1972	1968		941
1973	1969		942
1974	1970		943
1975	1971		944
1976	1972		945
1977	1973		946
1978	1974		947
1979	1975		948
1980	1976		949
1981	1977		950
1982	1978		951
1983		-	952 HB190 ~~Enrolled~~
	1979	+	952 HB190 Engrossed
1984	1980		Page 35
	1981	+	accord, the employee a hearing regarding the proposed
	1982	+	correction, which hearing shall not be conducted until after
	1983	+	the employee has received at least two weeks' notice of the
	1984	+	nature of the proposed correction and of the time and place at
	1985	+	which the proposed correction shall be considered.
	1986	+	c. No correction of an error shall be made at an
1985	1987		employee's request unless the employee files with the pension
1986	1988		board his or her written request for such correction before
1987	1989		the date that is one year subsequent to the employee's
1988	1990		discovery of the error requested to be corrected; provided,
1989	1991		however, the pension board may excuse an employee's failure to
1990	1992		file such application for correction within one year following
1991	1993		his or her discovery of such error if the pension board finds
1992	1994		that excusing such failure would be most equitable.
1993	1995		(2) If the pension board determines that any amount has
1994	1996		been erroneously deducted from the compensation of an employee
1995	1997		and paid into to the trust fund system as an employee
1996	1998		contribution, or that any amount has been otherwise paid into
1997	1999		to the trust fund system erroneously on behalf of any
1998	2000		employee, such amount shall be refunded to the employee, and
1999	2001		any amount which may have been paid erroneously to match such
2000	2002		erroneous contribution shall be refunded. The pension board is
2001	2003		authorized to determine whether interest shall be payable on
2002	2004		any amounts returned and to determine the amount of interest
2003	2005		to be paid, if any; provided, however, that no interest shall
2004	2006		be paid to any employee responsible for the error resulting in
2005	2007		the erroneous payment.
2006	2008		(c) Audit. The pension board shall cause an audit to be
2007	2009		made of its affairs by a certified public accountant at least
2008		-	once each calendar year."
2009		-	"§45-37-123.24
2010		-	The pension board may allocate responsibilities among
2011		-	the members of the pension board and/or or may delegate
2012		-	responsibilities to third parties , or both. The pension board
2013		-	may employ, appoint, or contract with additional employees,
2014	2010		953
2015	2011		954
2016	2012		955
2017	2013		956
2018	2014		957
2019	2015		958
2020	2016		959
2021	2017		960
2022	2018		961
2023	2019		962
2024	2020		963
2025	2021		964
2026	2022		965
2027	2023		966
2028	2024		967
2029	2025		968
2030	2026		969
2031	2027		970
2032	2028		971
2033	2029		972
2034	2030		973
2035	2031		974
2036	2032		975
2037	2033		976
2038	2034		977
2039	2035		978
2040	2036		979
2041		-	980 HB190 ~~Enrolled~~
	2037	+	980 HB190 Engrossed
2042	2038		Page 36
	2039	+	made of its affairs by a certified public accountant at least
	2040	+	once each calendar year."
	2041	+	"§45-37-123.24
	2042	+	The pension board may allocate responsibilities among
	2043	+	the members of the pension board and/or or may delegate
	2044	+	responsibilities to third parties , or both. The pension board
2043	2045		may employ, appoint, or contract with additional employees,
2044	2046		administrators, managers, counsel, specialists, advisers,
2045	2047		agents, including nonfiduciary agents, and other persons
2046	2048		individuals as the pension board or the trustee deems
2047	2049		necessary or desirable in connection with the administration
2048	2050		of the plan, including, but not limited to, agents and
2049	2051		advisers to assist with the administration and management of
2050	2052		the plan, and thereby to provide, among such other duties as
2051	2053		the pension board may appoint, assistance with maintaining
2052	2054		plan records and the providing of investment information to
2053	2055		the plan's investment fiduciaries, and none of such persons
2054	2056		those individuals shall be subject to the civil service system
2055	2057		Personnel Board of Jefferson County ."
2056	2058		"§45-37-123.25
2057	2059		The county, the Jefferson County Personnel Board of
2058	2060		Jefferson County , or the county’s agent, as applicable, shall
2059	2061		supply full and timely information , including, but not limited
2060	2062		to, all payroll, service records , and personal history of
2061	2063		members, to the pension board as the pension board may require
2062	2064		in order to perform its duties hereunder. The pension board
2063	2065		may rely upon such information as accurate and shall have no
2064	2066		duty or responsibility to verify such information."
2065	2067		"§45-37-123.26
2066		-	AllSubject to Section 45-37-123.194, all payment of
2067		-	benefits, expenses of administration, and any other expenses
2068		-	arising hereunder, may be paid by the pension board out of the
2069		-	trust fund, unless otherwise paid by the county or from the
2070		-	general assets of the system as a legal entity separate and
2071		-	distinct from the plan and its trust . Such expenses shall
2072	2068		981
2073	2069		982
2074	2070		983
2075	2071		984
2076	2072		985
2077	2073		986
2078	2074		987
2079	2075		988
2080	2076		989
2081	2077		990
2082	2078		991
2083	2079		992
2084	2080		993
2085	2081		994
2086	2082		995
2087	2083		996
2088	2084		997
2089	2085		998
2090	2086		999
2091	2087		1000
2092	2088		1001
2093	2089		1002
2094	2090		1003
2095	2091		1004
2096	2092		1005
2097	2093		1006
2098	2094		1007
2099		-	1008 HB190 ~~Enrolled~~
	2095	+	1008 HB190 Engrossed
2100	2096		Page 37
	2097	+	"§45-37-123.26
	2098	+	AllSubject to Section 45-37-123.194, all payment of
	2099	+	benefits, expenses of administration, and any other expenses
	2100	+	arising hereunder, may be paid by the pension board out of the
	2101	+	trust fund, unless otherwise paid by the county or from the
	2102	+	general assets of the system as a legal entity separate and
2101	2103		distinct from the plan and its trust . Such expenses shall
2102	2104		include any expenses incident to the functioning of the
2103	2105		pension board, or any person or persons individual retained or
2104	2106		appointed by any fiduciary incident to the exercise of their
2105	2107		duties under the plan , including, but not limited to, fees of
2106	2108		accountants, counsel, investment managers, and other
2107	2109		specialists and their agents, and other costs of administering
2108	2110		the plan. Until paid, the expenses shall constitute a
2109	2111		liability of the system."
2110	2112		"§45-37-123.27
2111	2113		Three members of the pension board shall constitute a
2112	2114		quorum for the transaction of all business. Except where there
2113	2115		has been an allocation and delegation of administrative
2114	2116		authority pursuant to Section 45-37-123.24, three affirmative
2115	2117		votes shall be necessary for a decision by the pension board."
2116	2118		"§45-37-123.28
2117	2119		(a) Claims for benefits under the plan shall be filed
2118	2120		in writing with the executive director on forms which may
2119	2121		include, but are not limited to, electronic forms provided by
2120	2122		the pension board and filed in accordance with procedures
2121	2123		established by the pension board or the executive director, or
2122	2124		both. The procedure and documents to be produced by a member
2123	2125		or designated beneficiary may differ depending on the type of
2124		-	benefit claim being made.
2125		-	(b) The pension board may allow a properly designated
2126		-	power of attorney to act on behalf of a member or designated
2127		-	beneficiary so long as the act is authorized under the terms
2128		-	of the power of attorney documentation."
2129		-	"§45-37-123.29
2130	2126		1009
2131	2127		1010
2132	2128		1011
2133	2129		1012
2134	2130		1013
2135	2131		1014
2136	2132		1015
2137	2133		1016
2138	2134		1017
2139	2135		1018
2140	2136		1019
2141	2137		1020
2142	2138		1021
2143	2139		1022
2144	2140		1023
2145	2141		1024
2146	2142		1025
2147	2143		1026
2148	2144		1027
2149	2145		1028
2150	2146		1029
2151	2147		1030
2152	2148		1031
2153	2149		1032
2154	2150		1033
2155	2151		1034
2156	2152		1035
2157		-	1036 HB190 ~~Enrolled~~
	2153	+	1036 HB190 Engrossed
2158	2154		Page 38
	2155	+	or designated beneficiary may differ depending on the type of
	2156	+	benefit claim being made.
	2157	+	(b) The pension board may allow a properly designated
	2158	+	power of attorney to act on behalf of a member or designated
	2159	+	beneficiary so long as the act is authorized under the terms
	2160	+	of the power of attorney documentation."
2159	2161		"§45-37-123.29
2160	2162		Any employee, former employee, or designated
2161	2163		beneficiary of either, who has been denied a benefit by a
2162	2164		decision of the pension board pursuant to a claim made under
2163	2165		Section 45-37-123.28 shall be entitled to request the pension
2164	2166		board to give further consideration to a claim by filing with
2165	2167		the pension board a written request for a hearing. Such
2166	2168		request shall be filed with the pension board no later than 60
2167	2169		days after receipt of the written notification of denial. The
2168	2170		pension board shall then conduct a hearing as soon as
2169	2171		administratively feasible. The hearing shall typically be held
2170	2172		at the pension board's regular meeting. A final decision as to
2171	2173		the claim shall be made by the pension board as soon as
2172	2174		administratively feasible after receipt of the appeal and the
2173	2175		claimant shall be notified in writing of the decision. In the
2174	2176		event of a denial of a disability retirement benefit claim, a
2175	2177		new disability retirement benefit claim may not be made for at
2176	2178		least six months from the date of the last appeal denial,
2177	2179		unless otherwise determined in the discretion of the pension
2178	2180		board or the executive director."
2179	2181		"§45-37-123.50
2180	2182		Any eligible employee may become a member of the system
2181	2183		as described below. Notwithstanding the following, any person
2182		-	individual who was a member of the system prior to the
2183		-	effective date of the amendment and restatement of the plan
2184		-	shall continue to be a member of the system.
2185		-	(1) MANDATORY MEMBERSHIP.
2186		-	a. Eligible Employees Subject to the Civil Service
2187		-	System. Except as otherwise provided in subdivision (2), every
2188	2184		1037
2189	2185		1038
2190	2186		1039
2191	2187		1040
2192	2188		1041
2193	2189		1042
2194	2190		1043
2195	2191		1044
2196	2192		1045
2197	2193		1046
2198	2194		1047
2199	2195		1048
2200	2196		1049
2201	2197		1050
2202	2198		1051
2203	2199		1052
2204	2200		1053
2205	2201		1054
2206	2202		1055
2207	2203		1056
2208	2204		1057
2209	2205		1058
2210	2206		1059
2211	2207		1060
2212	2208		1061
2213	2209		1062
2214	2210		1063
2215		-	1064 HB190 ~~Enrolled~~
	2211	+	1064 HB190 Engrossed
2216	2212		Page 39
	2213	+	as described below. Notwithstanding the following, any person
	2214	+	individual who was a member of the system prior to the
	2215	+	effective date of the amendment and restatement of the plan
	2216	+	shall continue to be a member of the system.
	2217	+	(1) MANDATORY MEMBERSHIP.
	2218	+	a. Eligible Employees Subject to the Civil Service
2217	2219		System. Except as otherwise provided in subdivision (2), every
2218	2220		eligible employee who occupies a full-time position subject to
2219	2221		the civil service system applicable to Personnel Board of
2220	2222		Jefferson County shall become a member of the system and shall
2221	2223		make employee contributions to the system in accordance with
2222	2224		Section 45-37-123.82. If an employee subsequently occupies a
2223	2225		position not subject to the Personnel Board of Jefferson
2224	2226		County, the employee shall remain a mandatory and contributing
2225	2227		member of the system, except as otherwise provided herein.
2226	2228		b. Hospital Employees. Every eligible hospital
2227	2229		employee, as defined in subdivision (21) of Section
2228	2230		45-37-123.01, shall become a member of the system and shall
2229	2231		make employee contributions to the system in accordance with
2230	2232		Section 45-37-123.82 if his or her relation to the hospital
2231	2233		corporation is such that if he or she had the same relation to
2232	2234		Jefferson County as he or she has to the hospital corporation,
2233	2235		his or her membership in the system would be mandatory.
2234	2236		(2) OPTIONAL MEMBERSHIP. The following eligible
2235	2237		employees may exercise the option to become a member of the
2236	2238		system by filing with the secretary of the pension board
2237	2239		executive director an executed declaration stating that he or
2238	2240		she elects to become a member of the system, subject to all of
2239	2241		the rights and liabilities of members of the system. The
2240		-	declaration shall be in such form and time as the pension
2241		-	board may prescribe. Once the declaration is accepted by the
2242		-	pension board or a representative of the pension board, such
2243		-	eligible employee then shall become a member of the system and
2244		-	shall begin to make employee contributions to the system in
2245		-	accordance with Section 45-37-123.82. The election to become
2246	2242		1065
2247	2243		1066
2248	2244		1067
2249	2245		1068
2250	2246		1069
2251	2247		1070
2252	2248		1071
2253	2249		1072
2254	2250		1073
2255	2251		1074
2256	2252		1075
2257	2253		1076
2258	2254		1077
2259	2255		1078
2260	2256		1079
2261	2257		1080
2262	2258		1081
2263	2259		1082
2264	2260		1083
2265	2261		1084
2266	2262		1085
2267	2263		1086
2268	2264		1087
2269	2265		1088
2270	2266		1089
2271	2267		1090
2272	2268		1091
2273		-	1092 HB190 ~~Enrolled~~
	2269	+	1092 HB190 Engrossed
2274	2270		Page 40
	2271	+	the rights and liabilities of members of the system. The
	2272	+	declaration shall be in such form and time as the pension
	2273	+	board may prescribe. Once the declaration is accepted by the
	2274	+	pension board or a representative of the pension board, such
	2275	+	eligible employee then shall become a member of the system and
	2276	+	shall begin to make employee contributions to the system in
2275	2277		accordance with Section 45-37-123.82. The election to become
2276	2278		or not become a member, once exercised, shall be irrevocable.
2277	2279		a. Eligible Employees Not Subject to the Civil Service
2278	2280		System Personnel Board of Jefferson County . Any eligible
2279	2281		employee who occupies a full- full-time or part-time position
2280	2282		not subject to the civil service system applicable to
2281	2283		Personnel Board of Jefferson County shall not become a member
2282	2284		of the system unless he or she exercises the written option to
2283	2285		become a member.
2284	2286		b. Hospital Employees. Any eligible hospital employee,
2285	2287		as defined in subdivision (21) of Section 45-37-123.01, shall
2286	2288		have the option of becoming a member of the system if such
2287	2289		eligible hospital employee's relation to the hospital
2288	2290		corporation is such that if he or she had the same relation to
2289	2291		Jefferson County as he or she has to the hospital corporation,
2290	2292		he or she would have the option of becoming a member of the
2291	2293		system.
2292	2294		c.b. Eligible County Office Employees , Eligible Circuit
2293	2295		Solicitors, Eligible Deputy Solicitors, and Eligible Part-Time
2294	2296		Employees. Notwithstanding the mandatory membership provisions
2295	2297		in subdivision (1), any eligible county office employee, any
2296	2298		eligible circuit solicitor, any eligible deputy solicitor, as
2297	2299		each is defined in Section 45-37-123.01, and any part-time
2298		-	employee who occupies a position subject to the civil service
2299		-	system applicable to Personnel Board of Jefferson County shall
2300		-	not become a member of the system unless he or she exercises
2301		-	the written option to become a member."
2302		-	"§45-37-123.54
2303		-	If a member of the system severs employment with the
2304	2300		1093
2305	2301		1094
2306	2302		1095
2307	2303		1096
2308	2304		1097
2309	2305		1098
2310	2306		1099
2311	2307		1100
2312	2308		1101
2313	2309		1102
2314	2310		1103
2315	2311		1104
2316	2312		1105
2317	2313		1106
2318	2314		1107
2319	2315		1108
2320	2316		1109
2321	2317		1110
2322	2318		1111
2323	2319		1112
2324	2320		1113
2325	2321		1114
2326	2322		1115
2327	2323		1116
2328	2324		1117
2329	2325		1118
2330	2326		1119
2331		-	1120 HB190 ~~Enrolled~~
	2327	+	1120 HB190 Engrossed
2332	2328		Page 41
	2329	+	each is defined in Section 45-37-123.01, and any part-time
	2330	+	employee who occupies a position subject to the civil service
	2331	+	system applicable to Personnel Board of Jefferson County shall
	2332	+	not become a member of the system unless he or she exercises
	2333	+	the written option to become a member."
	2334	+	"§45-37-123.54
2333	2335		If a member of the system severs employment with the
2334	2336		county or his or her term in an elected or appointed job or
2335	2337		position terminates, and such the member thereafter returns to
2336	2338		the service of the county, he or she shall become a member of
2337	2339		the system to the extent he or she meets the definition of an
2338	2340		eligible employee, subject to the following rules:
2339	2341		(1) RETIRED MEMBER RECEIVING A PENSION BENEFIT. If a
2340	2342		member receiving his or her pension benefit is reemployed by
2341	2343		the county two or more years after severing employment, the
2342	2344		pension benefit of the member shall not be reduced. If a
2343	2345		member is receiving his or her pension benefit and is
2344	2346		reemployed by the county less than two years after severing
2345	2347		employment, any amount otherwise payable by the system to the
2346	2348		member on account of the member's retirement shall be reduced
2347	2349		by the amount, if any, paid or payable to the member by the
2348	2350		county on account of or by reason of the reemployment of the
2349	2351		member. At the earlier of the time the member thereafter
2350	2352		severs employment with the county or after two or more years
2351	2353		of reemployment by the county after the date on which the
2352	2354		member retired, such the member's pension benefit shall return
2353	2355		to the amount it was prior to the member's reemployment.
2354	2356		However, notwithstanding subdivisions (3) and (4), such a
2355	2357		member covered by this subdivision shall not make any
2356		-	additional employee contributions or accrue any additional
2357		-	pension benefit during his or her period of reemployment.
2358		-	(2) MEMBER ELECTED A DEFERRED RETIREMENT. If a vested
2359		-	member who severed employment with the county and elected a
2360		-	deferred retirement benefit is reemployed by the county before
2361		-	age 60, his or her election for a deferred retirement benefit
2362	2358		1121
2363	2359		1122
2364	2360		1123
2365	2361		1124
2366	2362		1125
2367	2363		1126
2368	2364		1127
2369	2365		1128
2370	2366		1129
2371	2367		1130
2372	2368		1131
2373	2369		1132
2374	2370		1133
2375	2371		1134
2376	2372		1135
2377	2373		1136
2378	2374		1137
2379	2375		1138
2380	2376		1139
2381	2377		1140
2382	2378		1141
2383	2379		1142
2384	2380		1143
2385	2381		1144
2386	2382		1145
2387	2383		1146
2388	2384		1147
2389		-	1148 HB190 ~~Enrolled~~
	2385	+	1148 HB190 Engrossed
2390	2386		Page 42
	2387	+	member covered by this subdivision shall not make any
	2388	+	additional employee contributions or accrue any additional
	2389	+	pension benefit during his or her period of reemployment.
	2390	+	(2) MEMBER ELECTED A DEFERRED RETIREMENT. If a vested
	2391	+	member who severed employment with the county and elected a
	2392	+	deferred retirement benefit is reemployed by the county before
2391	2393		age 60, his or her election for a deferred retirement benefit
2392	2394		shall be rescinded, and he or she shall resume making employee
2393	2395		contributions and begin to accrue benefits again upon the date
2394	2396		of reemployment if the member's position is subject to
2395	2397		mandatory membership pursuant to Section 45-37-123.50(1) . Such
2396	2398		member's benefit , if any, shall be calculated by aggregating
2397	2399		the member's credited service during all periods of employment
2398	2400		membership in the system. Alternatively, if the member's
2399	2401		position is subject to optional membership pursuant to Section
2400	2402		45-37-123.50(2), the member shall resume employee
2401	2403		contributions and begin to accrue benefits again only if he or
2402	2404		she has exercised the option to become a member in accordance
2403	2405		with Section 45-37-123.50(2) .
2404	2406		(3) DISABLED MEMBER RECEIVING A DISABILITY BENEFIT. If
2405	2407		a disabled member receiving a disability benefit is reemployed
2406	2408		by the county, his or her disability benefit shall terminate
2407	2409		effective upon the date of reemployment.
2408	2410		(3)(4) MEMBER DOES NOT RECEIVE A REFUND AND IS
2409	2411		REEMPLOYED WITHIN FIVE YEARS. Except as set forth in
2410	2412		subdivision (1), if a member, who severed employment with the
2411	2413		county but did not receive a refund of his or her employee
2412	2414		contributions to the system as provided in Section
2413	2415		45-37-123.104, is reemployed by the county within five years
2414		-	of such severance from employment, he or she shall resume
2415		-	making employee contributions and begin to accrue benefits
2416		-	again upon the date of reemployment. The member's benefit
2417		-	shall be calculated by aggregating the member's credited
2418		-	service during all periods of employment.
2419		-	(4)(5) MEMBER RECEIVED A REFUND OR FORFEITED PENSION
2420	2416		1149
2421	2417		1150
2422	2418		1151
2423	2419		1152
2424	2420		1153
2425	2421		1154
2426	2422		1155
2427	2423		1156
2428	2424		1157
2429	2425		1158
2430	2426		1159
2431	2427		1160
2432	2428		1161
2433	2429		1162
2434	2430		1163
2435	2431		1164
2436	2432		1165
2437	2433		1166
2438	2434		1167
2439	2435		1168
2440	2436		1169
2441	2437		1170
2442	2438		1171
2443	2439		1172
2444	2440		1173
2445	2441		1174
2446	2442		1175
2447		-	1176 HB190 ~~Enrolled~~
	2443	+	1176 HB190 Engrossed
2448	2444		Page 43
	2445	+	45-37-123.104, is reemployed by the county within five years
	2446	+	of such severance from employment, he or she shall resume
	2447	+	making employee contributions and begin to accrue benefits
	2448	+	again upon the date of reemployment. The member's benefit
	2449	+	shall be calculated by aggregating the member's credited
	2450	+	service during all periods of employment.
2449	2451		(4)(5) MEMBER RECEIVED A REFUND OR FORFEITED PENSION
2450	2452		BENEFIT. Except as set forth in subdivision (1), if a member
2451	2453		who severed employment with the county and received a refund
2452	2454		of his or her employee contributions to the system as provided
2453	2455		in Section 45-37-123.104 , or does not receive a refund within
2454	2456		five years after severing from employment , is reemployed by
2455	2457		the county, he or she shall rejoin the system in accordance
2456	2458		with Sections 45-37-123.50 and 45-37-123.82 and begin to
2457	2459		accrue benefits again upon the date of reemployment. In
2458	2460		calculating the member's benefit, only credited service
2459	2461		rendered after the member is reemployed shall be included."
2460	2462		"§45-37-123.80
2461	2463		(a) Employer contributions. Each payroll period, an
2462	2464		amount equal to the total of all members’ employee
2463	2465		contributions that is deducted from the members’ compensation
2464	2466		pursuant to Section 45-37-123.82 shall be contributed by the
2465	2467		county and shall be paid into to the trust fund system. The
2466	2468		system shall remit the contributions to the trust fund as soon
2467	2469		as practicable, however the pension board may first pay any
2468	2470		sums reasonably necessary to defray administrative expenses of
2469	2471		the plan as determined in the sole discretion of the pension
2470	2472		board subject to Section 45-37-123.194 .
2471	2473		(b) Employer contributions upon reinstatement from
2472		-	qualified military service. If any member leaves the service
2473		-	of the county for the purposes of performing qualified
2474		-	military service and shall have been reinstated to the service
2475		-	of the county within 90 days after such member’s separation
2476		-	from such qualified military service, then the county shall
2477		-	promptly pay into to the trust fund system an amount equal to
2478	2474		1177
2479	2475		1178
2480	2476		1179
2481	2477		1180
2482	2478		1181
2483	2479		1182
2484	2480		1183
2485	2481		1184
2486	2482		1185
2487	2483		1186
2488	2484		1187
2489	2485		1188
2490	2486		1189
2491	2487		1190
2492	2488		1191
2493	2489		1192
2494	2490		1193
2495	2491		1194
2496	2492		1195
2497	2493		1196
2498	2494		1197
2499	2495		1198
2500	2496		1199
2501	2497		1200
2502	2498		1201
2503	2499		1202
2504	2500		1203
2505		-	1204 HB190 ~~Enrolled~~
	2501	+	1204 HB190 Engrossed
2506	2502		Page 44
	2503	+	(b) Employer contributions upon reinstatement from
	2504	+	qualified military service. If any member leaves the service
	2505	+	of the county for the purposes of performing qualified
	2506	+	military service and shall have been reinstated to the service
	2507	+	of the county within 90 days after such member’s separation
	2508	+	from such qualified military service, then the county shall
2507	2509		promptly pay into to the trust fund system an amount equal to
2508	2510		twice the employee contribution which the employee would have
2509	2511		made if he or she had not been absent on such leave, and if
2510	2512		his or her compensation had continued to be the same as he or
2511	2513		she was earning at the time of the commencement of the leave;
2512	2514		provided, however, that no part of such payment by the county
2513	2515		shall be refundable to the employee pursuant to Section
2514	2516		45-37-123.104."
2515	2517		"§45-37-123.82
2516	2518		(a) Employee contributions generally. As a condition of
2517	2519		employment and of accruing benefits under the plan, each
2518	2520		member shall contribute six percent of such member's
2519	2521		compensation to the plan. The employee contributions shall be
2520	2522		after tax, or if approved by the pension board such employee
2521	2523		contributions shall be pre-tax and treated as "picked-up" and
2522	2524		contributed by the county to the plan pursuant to Section§
2523	2525		414(h)(2) of the Internal Revenue Code. The county shall
2524	2526		process such employee contributions each payroll period and
2525	2527		the aggregate amount shall be deposited in the trust fund
2526	2528		system. Employee contributions shall begin on the member's
2527	2529		first paycheck after a member becomes eligible for membership
2528	2530		in the system as provided for in Section 45-37-123.50. In the
2529	2531		event that the county fails to withhold any employee
2530		-	contributions, the county may withhold such amounts, whether
2531		-	treated by the county as after-tax contributions or treated as
2532		-	"picked-up" contributions, from future paychecks as are
2533		-	necessary to restore the amounts not withheld.
2534		-	(b) Withdrawal or refunds of employee contributions.
2535		-	Employee contributions may be withdrawn or refunded only as
2536	2532		1205
2537	2533		1206
2538	2534		1207
2539	2535		1208
2540	2536		1209
2541	2537		1210
2542	2538		1211
2543	2539		1212
2544	2540		1213
2545	2541		1214
2546	2542		1215
2547	2543		1216
2548	2544		1217
2549	2545		1218
2550	2546		1219
2551	2547		1220
2552	2548		1221
2553	2549		1222
2554	2550		1223
2555	2551		1224
2556	2552		1225
2557	2553		1226
2558	2554		1227
2559	2555		1228
2560	2556		1229
2561	2557		1230
2562	2558		1231
2563		-	1232 HB190 ~~Enrolled~~
	2559	+	1232 HB190 Engrossed
2564	2560		Page 45
	2561	+	event that the county fails to withhold any employee
	2562	+	contributions, the county may withhold such amounts, whether
	2563	+	treated by the county as after-tax contributions or treated as
	2564	+	"picked-up" contributions, from future paychecks as are
	2565	+	necessary to restore the amounts not withheld.
	2566	+	(b) Withdrawal or refunds of employee contributions.
2565	2567		Employee contributions may be withdrawn or refunded only as
2566	2568		provided in Section 45-37-123.104.
2567	2569		(c) Cessation of employee contributions. A member may
2568	2570		terminate employee contributions when the member's service
2569	2571		entitles him or her to receive the maximum benefit available
2570	2572		after 30 years of paid service, as further provided in Section
2571	2573		45-37-123.104(3)."
2572	2574		"§45-37-123.83
2573	2575		The pension board and county are authorized to
2574	2576		contribute to the system or trust fund any monies received in
2575	2577		the form of donations, gifts, appropriations, bequests, or
2576	2578		otherwise, or derived therefrom. Additionally, any member or
2577	2579		beneficiary who fails to make timely application for the
2578	2580		amount of his or her employee contributions pursuant to
2579	2581		Section 45-37-123.104 shall be deemed to have forfeited and
2580	2582		donated employee contributions to the trust fund. In no event
2581	2583		shall any forfeitures under the plan result in an increase in
2582	2584		the benefit to be paid to any member. The executive director
2583	2585		shall provide one certified letter to the member within 60
2584	2586		days following the member's termination of employment advising
2585	2587		the member of the foregoing forfeiture provisions. See also
2586	2588		Section 45-37-123.194 for additional forfeiture provisions. "
2587	2589		"§45-37-123.84
2588		-	Except as otherwise specifically stated herein, the
2589		-	rules below shall apply in determining length of service for
2590		-	all purposes under the plan.
2591		-	(1) In no case may more than one year of service be
2592		-	credited for service in one calendar year.
2593		-	(2) A member shall work over one-half of a month,
2594	2590		1233
2595	2591		1234
2596	2592		1235
2597	2593		1236
2598	2594		1237
2599	2595		1238
2600	2596		1239
2601	2597		1240
2602	2598		1241
2603	2599		1242
2604	2600		1243
2605	2601		1244
2606	2602		1245
2607	2603		1246
2608	2604		1247
2609	2605		1248
2610	2606		1249
2611	2607		1250
2612	2608		1251
2613	2609		1252
2614	2610		1253
2615	2611		1254
2616	2612		1255
2617	2613		1256
2618	2614		1257
2619	2615		1258
2620	2616		1259
2621		-	1260 HB190 ~~Enrolled~~
	2617	+	1260 HB190 Engrossed
2622	2618		Page 46
	2619	+	"§45-37-123.84
	2620	+	Except as otherwise specifically stated herein, the
	2621	+	rules below shall apply in determining length of service for
	2622	+	all purposes under the plan.
	2623	+	(1) In no case may more than one year of service be
	2624	+	credited for service in one calendar year.
2623	2625		(2) A member shall work over one-half of a month,
2624	2626		including all calendar days or the hourly equivalent thereof ,
2625	2627		in order to earn one month of service.
2626	2628		(3) Except as otherwise specifically stated herein or
2627	2629		required by federal law, a member shall not be allowed service
2628	2630		credit for any period of more than one-half of a month during
2629	2631		which such member is absent without pay.
2630	2632		(4) A member shall receive service credit for any and
2631	2633		all paid leaves of absence, including a paid Family and
2632	2634		Medical Leave Act leave, regardless of the length of the leave
2633	2635		and regardless of the performance of any services. For
2634	2636		member's members terminating employment between August 1,
2635	2637		1993, and January 31, 2010, up to three months of service
2636	2638		credit was granted to members on unpaid Family and Medical
2637	2639		Leave Act leaves.
2638	2640		(5) Years of paid membership time are used in computing
2639	2641		benefits under the plan, as are months of paid membership
2640	2642		time. Months shall be converted into a fraction of a year as
2641	2643		follows:
2642	2644		1 month .0833
2643	2645		2 months .1667
2644	2646		3 months .2500
2645		-	4 months .3333
2646		-	5 months .4167
2647		-	6 months .5000
2648		-	7 months .5833
2649	2647		1261
2650	2648		1262
2651	2649		1263
2652	2650		1264
2653	2651		1265
2654	2652		1266
2655	2653		1267
2656	2654		1268
2657	2655		1269
2658	2656		1270
2659	2657		1271
2660	2658		1272
2661	2659		1273
2662	2660		1274
2663	2661		1275
2664	2662		1276
2665	2663		1277
2666	2664		1278
2667	2665		1279
2668	2666		1280
2669	2667		1281
2670	2668		1282
2671	2669		1283
2672	2670		1284
2673		-	1285 HB190 Enrolled
	2671	+	1285
	2672	+	1286
	2673	+	1287 HB190 Engrossed
2674	2674		Page 47
	2675	+	3 months .2500
	2676	+	4 months .3333
	2677	+	5 months .4167
	2678	+	6 months .5000
2675	2679		7 months .5833
2676	2680		8 months .6667
2677	2681		9 months .7500
2678	2682		10 months.8333
2679	2683		11 months.9167
2680	2684		12 months1.0000
2681	2685		(6) The pension board may disregard a fractional part
2682	2686		of a year in computing paid membership time or unpaid
2683	2687		membership time that is less than one-twelfth of a year.
2684	2688		(7) Notwithstanding any provision of the plan to the
2685	2689		contrary, effective December 12, 1994, contributions,
2686	2690		benefits, and service shall be provided in accordance with §
2687	2691		414(u), Internal Revenue Code, relating to military leave.
2688	2692		(8) Service before and after reemployment by the county
2689	2693		shall also be calculated in accordance with Section
2690	2694		45-37-123.54."
2691	2695		"§45-37-123.100
2692	2696		(a) Superannuation retirement benefit.
2693	2697		(1) ELIGIBILITY. A member shall be eligible for a
2694	2698		superannuation retirement benefit if the member is not
2695	2699		receiving a disability benefit and :
2696	2700		a. The member has 30 or more years of paid membership
2697		-	time, regardless of age;
2698		-	b. The member has 10 or more years of paid membership
2699		-	time and has attained the age of 60; or
2700		-	c. The member has 30 years of service, 20 years of
2701		-	which are paid membership time, and has attained the age of
2702		-	1286
2703		-	1287
2704	2701		1288
2705	2702		1289
2706	2703		1290
2707	2704		1291
2708	2705		1292
2709	2706		1293
2710	2707		1294
2711	2708		1295
2712	2709		1296
2713	2710		1297
2714	2711		1298
2715	2712		1299
2716	2713		1300
2717	2714		1301
2718	2715		1302
2719	2716		1303
2720	2717		1304
2721	2718		1305
2722	2719		1306
2723	2720		1307
2724	2721		1308
2725	2722		1309
2726	2723		1310
2727		-	1311 HB190 Enrolled
	2724	+	1311
	2725	+	1312 HB190 Engrossed
2728	2726		Page 48
	2727	+	a. The member has 30 or more years of paid membership
	2728	+	time, regardless of age;
	2729	+	b. The member has 10 or more years of paid membership
	2730	+	time and has attained the age of 60; or
	2731	+	c. The member has 30 years of service, 20 years of
2729	2732		which are paid membership time, and has attained the age of
2730	2733		55.
2731	2734		(2) CALCULATION OF BENEFIT. If a member meets the
2732	2735		foregoing eligibility criteria, then the member shall be
2733	2736		eligible to retire and receive a monthly benefit for the
2734	2737		remainder of his or her life to be determined by the following
2735	2738		formula:
2736	2739		a. Two and one-half percent multiplied by the basic
2737	2740		average salary multiplied by the number of years of paid
2738	2741		membership time; plus
2739	2742		b. Five-eighths of one percent multiplied by the basic
2740	2743		average salary multiplied by the number of years of unpaid
2741	2744		membership time, if applicable.
2742	2745		(3) SEVENTY-FIVE PERCENT LIMITATION. Notwithstanding
2743	2746		the foregoing, no member shall receive any retirement pension
2744	2747		benefit in excess of 75 percent of his or her basic average
2745	2748		salary. This 75 percent limitation shall only be applied at
2746	2749		the time that the beginning retirement pension benefit is
2747	2750		determined and shall not limit increases granted to retired
2748	2751		members subsequent to their retirement. Additionally, this 75
2749	2752		percent limitation shall be applied before applying any
2750	2753		actuarial adjustments to reflect an election of a joint
2751	2754		survivorship pension.
2752	2755		(4) SECTION 401(a)(17), INTERNAL REVENUE CODE,
2753		-	LIMITATION. Notwithstanding the foregoing provisions of this
2754		-	subsection, after applying the § 401(a)(17), Internal Revenue
2755		-	Code, compensation limit set forth in subdivision (11) of
2756		-	Section 45-37-123.01 45-37-123.01(10) , the pension board, with
2757		-	the assistance of an actuary, shall determine the adjustments
2758		-	1312
2759	2756		1313
2760	2757		1314
2761	2758		1315
2762	2759		1316
2763	2760		1317
2764	2761		1318
2765	2762		1319
2766	2763		1320
2767	2764		1321
2768	2765		1322
2769	2766		1323
2770	2767		1324
2771	2768		1325
2772	2769		1326
2773	2770		1327
2774	2771		1328
2775	2772		1329
2776	2773		1330
2777	2774		1331
2778	2775		1332
2779	2776		1333
2780	2777		1334
2781	2778		1335
2782	2779		1336
2783	2780		1337
2784	2781		1338
2785		-	1339 HB190 Enrolled
	2782	+	1339
	2783	+	1340 HB190 Engrossed
2786	2784		Page 49
	2785	+	(4) SECTION 401(a)(17), INTERNAL REVENUE CODE,
	2786	+	LIMITATION. Notwithstanding the foregoing provisions of this
	2787	+	subsection, after applying the § 401(a)(17), Internal Revenue
	2788	+	Code, compensation limit set forth in subdivision (11) of
	2789	+	Section 45-37-123.01 45-37-123.01(10) , the pension board, with
2787	2790		the assistance of an actuary, shall determine the adjustments
2788	2791		to any or all of the components or factors of the benefit
2789	2792		formula, other than paid membership time, unpaid membership
2790	2793		time, and/or the basic average salary as limited by the
2791	2794		compensation limit that would be necessary to yield the
2792	2795		maximum benefit specified under this part, without regard to §
2793	2796		401(a)(17), Internal Revenue Code; the pension board shall
2794	2797		then use such adjusted benefit formula to determine the
2795	2798		maximum benefit due from the plan, subject, however, to
2796	2799		Subpart 6, and Internal Revenue Code , Section 415 limitations.
2797	2800		(5) ELIGIBILITY FOR POSTRETIREMENT JOINT SURVIVORSHIP
2798	2801		PENSION. A member that is entitled to a superannuation
2799	2802		retirement benefit shall be entitled to instead elect a
2800	2803		postretirement joint survivorship pension, as provided for
2801	2804		under Section 45-37-123.101.
2802	2805		(6) DEATH. If a member dies while receiving payment of
2803	2806		a superannuation retirement benefit, the return of any
2804	2807		remaining portion of his or her employee contributions shall
2805	2808		be governed by Section 45-37-123.104(5)d 45-37-123.104(4)d . If
2806	2809		the member has received payments in an amount at least equal
2807	2810		to the amount of employee contributions he or she made to the
2808	2811		plan at the time of death, then no further payments shall be
2809	2812		made upon the member's death.
2810	2813		(b) Early retirement benefits.
2811		-	(1) REGULAR EARLY RETIREMENT. A member may elect, but
2812		-	is not required, to retire prior to age 60 if the member has
2813		-	completed 30 or more years of service, 10 of which, but not
2814		-	the total 30, are paid membership time. In the event that a
2815		-	member makes such an election, such member shall be entitled
2816		-	1340
2817	2814		1341
2818	2815		1342
2819	2816		1343
2820	2817		1344
2821	2818		1345
2822	2819		1346
2823	2820		1347
2824	2821		1348
2825	2822		1349
2826	2823		1350
2827	2824		1351
2828	2825		1352
2829	2826		1353
2830	2827		1354
2831	2828		1355
2832	2829		1356
2833	2830		1357
2834	2831		1358
2835	2832		1359
2836	2833		1360
2837	2834		1361
2838	2835		1362
2839	2836		1363
2840	2837		1364
2841	2838		1365
2842	2839		1366
2843		-	1367 HB190 Enrolled
	2840	+	1367
	2841	+	1368 HB190 Engrossed
2844	2842		Page 50
	2843	+	(b) Early retirement benefits.
	2844	+	(1) REGULAR EARLY RETIREMENT. A member may elect, but
	2845	+	is not required, to retire prior to age 60 if the member has
	2846	+	completed 30 or more years of service, 10 of which, but not
	2847	+	the total 30, are paid membership time. In the event that a
2845	2848		member makes such an election, such member shall be entitled
2846	2849		to receive an early retirement benefit equal to the member's
2847	2850		benefit that would be payable pursuant to subsection (a), but
2848	2851		with an actuarial equivalent reduction for each year less than
2849	2852		60 years of age, as follows:
2850	2853		Age of Member on
2851	2854		Last Birthday
2852	2855		Preceding
2853	2856		Retirement
2854	2857		Reduced Retirement Benefit on Account of
2855	2858		Retirement before Age 60 Expressed as a
2856	2859		Percentage of the Superannuation
2857	2860		Retirement Benefit under subsection (a)
2858	2861		59 93%
2859	2862		58 87%
2860	2863		57 82%
2861	2864		56 77%
2862	2865		55 72%
2863	2866		54 68%
2864	2867		53 64%
2865	2868		52 60%
2866	2869		51 57%
2867	2870		50 54%
2868	2871		49 51%
2869		-	48 48%
2870		-	(2) TWENTY-FIVE YEAR EARLY RETIREMENT BENEFIT. On and
2871		-	after April 24, 2003, a member with at least 25 years of paid
2872		-	membership time, but less than 30 years of paid membership
2873		-	time, who is not eligible for a superannuation retirement
2874		-	1368
2875	2872		1369
2876	2873		1370
2877	2874		1371
2878	2875		1372
2879	2876		1373
2880	2877		1374
2881	2878		1375
2882	2879		1376
2883	2880		1377
2884	2881		1378
2885	2882		1379
2886	2883		1380
2887	2884		1381
2888	2885		1382
2889	2886		1383
2890	2887		1384
2891	2888		1385
2892	2889		1386
2893	2890		1387
2894	2891		1388
2895	2892		1389
2896	2893		1390
2897		-	1391 HB190 Enrolled
	2894	+	1391
	2895	+	1392 HB190 Engrossed
2898	2896		Page 51
	2897	+	49 51%
	2898	+	48 48%
	2899	+	(2) TWENTY-FIVE YEAR EARLY RETIREMENT BENEFIT. On and
	2900	+	after April 24, 2003, a member with at least 25 years of paid
	2901	+	membership time, but less than 30 years of paid membership
2899	2902		time, who is not eligible for a superannuation retirement
2900	2903		benefit may elect to retire early, but is not required to do
2901	2904		so. In the event that a member makes such an election, such
2902	2905		member shall be entitled to receive a 25-year early retirement
2903	2906		benefit equal to the member's benefit that would be payable
2904	2907		under superannuation retirement benefit pursuant to subsection
2905	2908		(a), but with an actuarial equivalent reduction of seven
2906	2909		percent for each whole year less than 30 years. For purposes
2907	2910		of the seven percent reduction, months are not counted.
2908	2911		(3) ELIGIBILITY FOR POSTRETIREMENT JOINT SURVIVORSHIP
2909	2912		PENSION. A member that is entitled to an early retirement
2910	2913		benefit shall be entitled to instead elect a postretirement
2911	2914		joint survivorship pension, as provided for under Section
2912	2915		45-37-123.101.
2913	2916		(4) DEATH. If a member dies while receiving payment of
2914	2917		an early retirement benefit, the return of any remaining
2915	2918		portion of his or her employee contributions shall be governed
2916	2919		by Section 45-37-123.104(5)d 45-37-123.104(4)d . If the member
2917	2920		has received payments in an amount at least equal to the
2918	2921		amount of employee contributions he or she made to the plan at
2919	2922		the time of death, then no further payments shall be made upon
2920	2923		the member's death.
2921	2924		(c) Deferred retirement benefits.
2922	2925		(1) GENERAL RULES FOR DEFERRED RETIREMENT BENEFITS.
2923		-	a. Ineligibility for Deferred Retirement Benefit if
2924		-	Eligible for Superannuation Retirement Benefit. If a member is
2925		-	eligible for a superannuation retirement benefit, then he or
2926		-	she is not eligible for a deferred retirement benefit.
2927		-	b. Withdrawal of Employee Contributions. A member who
2928		-	1392
2929	2926		1393
2930	2927		1394
2931	2928		1395
2932	2929		1396
2933	2930		1397
2934	2931		1398
2935	2932		1399
2936	2933		1400
2937	2934		1401
2938	2935		1402
2939	2936		1403
2940	2937		1404
2941	2938		1405
2942	2939		1406
2943	2940		1407
2944	2941		1408
2945	2942		1409
2946	2943		1410
2947	2944		1411
2948	2945		1412
2949	2946		1413
2950	2947		1414
2951	2948		1415
2952	2949		1416
2953	2950		1417
2954	2951		1418
2955		-	1419 HB190 Enrolled
	2952	+	1419
	2953	+	1420 HB190 Engrossed
2956	2954		Page 52
	2955	+	(1) GENERAL RULES FOR DEFERRED RETIREMENT BENEFITS.
	2956	+	a. Ineligibility for Deferred Retirement Benefit if
	2957	+	Eligible for Superannuation Retirement Benefit. If a member is
	2958	+	eligible for a superannuation retirement benefit, then he or
	2959	+	she is not eligible for a deferred retirement benefit.
2957	2960		b. Withdrawal of Employee Contributions. A member who
2958	2961		has elected a deferred retirement benefit may at any time
2959	2962		before payment of such benefit commences withdraw in full his
2960	2963		or her employee contributions, without interest. However, no
2961	2964		deferred retirement benefit shall be paid to a member who
2962	2965		withdraws such employee contributions.
2963	2966		c. Eligibility for Postretirement Joint Survivorship
2964	2967		Pension. A member that is entitled to a deferred retirement
2965	2968		benefit shall be entitled to instead elect a postretirement
2966	2969		joint survivorship pension provided for under Section
2967	2970		45-37-123.101.
2968	2971		d. Death. If a member dies before or after payment of
2969	2972		his or her deferred retirement benefit commences, the return
2970	2973		of his or her employee contributions to the plan shall be
2971	2974		governed by Section 45-37-123.104(5)b. or d.
2972	2975		45-37-123.104(4)b. or d. , respectively.
2973	2976		(2) REGULAR DEFERRED RETIREMENT BENEFIT.
2974	2977		a. Eligibility. Subject to the general eligibility
2975	2978		requirements stated in subdivision (1), a member may elect a
2976	2979		regular deferred retirement benefit if he or she has at least
2977	2980		10 years of paid membership time.
2978	2981		b. Calculation of Benefit/Vesting. The regular deferred
2979	2982		retirement benefit shall be calculated by multiplying the
2980	2983		superannuation retirement benefit that the member would have
2981		-	been entitled to had he or she been 60 years of age when he or
2982		-	she terminated employment, times a percentage, which
2983		-	percentage shall be determined based upon the member's paid
2984		-	membership time, and shall vest and become nonforfeitable as
2985		-	follows:
2986		-	1420
2987	2984		1421
2988	2985		1422
2989	2986		1423
2990	2987		1424
2991	2988		1425
2992	2989		1426
2993	2990		1427
2994	2991		1428
2995	2992		1429
2996	2993		1430
2997	2994		1431
2998	2995		1432
2999	2996		1433
3000	2997		1434
3001	2998		1435
3002	2999		1436
3003	3000		1437
3004	3001		1438
3005	3002		1439
3006	3003		1440
3007	3004		1441
3008	3005		1442
3009	3006		1443
3010	3007		1444
3011	3008		1445
3012	3009		1446
3013		-	1447 HB190 Enrolled
	3010	+	1447
	3011	+	1448 HB190 Engrossed
3014	3012		Page 53
	3013	+	superannuation retirement benefit that the member would have
	3014	+	been entitled to had he or she been 60 years of age when he or
	3015	+	she terminated employment, times a percentage, which
	3016	+	percentage shall be determined based upon the member's paid
	3017	+	membership time, and shall vest and become nonforfeitable as
3015	3018		follows:
3016	3019		1. Ten years of paid membership time: 50 percent.
3017	3020		2. Eleven years of paid membership time: 60 percent.
3018	3021		3. Twelve years of paid membership time: 70 percent.
3019	3022		4. Thirteen years of paid membership time: 80 percent.
3020	3023		5. Fourteen years of paid membership time: 90 percent.
3021	3024		6. Fifteen or more years of paid membership time: 100
3022	3025		percent.
3023	3026		c. Commencement of Payment. Payment Subject to the
3024	3027		requirements provided in subsection (e), payment of a member's
3025	3028		regular deferred retirement benefit shall commence upon the
3026	3029		date that the member reaches the age of 60 and shall continue
3027	3030		for the life of the member, regardless of whether the member
3028	3031		is employed with another employer at the time payment is to
3029	3032		commence.
3030	3033		(3) INVOLUNTARY DEFERRED RETIREMENT BENEFIT.
3031	3034		a. 20/55 Provisions. Subject to the general eligibility
3032	3035		requirements stated in subdivision (1), a member who is not
3033	3036		entitled to voluntarily retire pursuant to subsection (a),
3034	3037		superannuation retirement benefit, or subdivision (1) of
3035	3038		subsection (b), regular early retirement benefit, but who is
3036	3039		involuntarily retired after accumulating 20 years of service
3037	3040		with the county, at least 10 of which is paid membership time,
3038	3041		shall be entitled to receive a monthly benefit computed in
3039		-	accordance with the formula set forth in subsection (a),
3040		-	superannuation retirement benefit, the payment of which shall
3041		-	commence upon his or her retirement if he or she has attained
3042		-	the age of 55; if the member has not attained the age of 55,
3043		-	payment shall be delayed until the member's attainment of age
3044		-	1448
3045	3042		1449
3046	3043		1450
3047	3044		1451
3048	3045		1452
3049	3046		1453
3050	3047		1454
3051	3048		1455
3052	3049		1456
3053	3050		1457
3054	3051		1458
3055	3052		1459
3056	3053		1460
3057	3054		1461
3058	3055		1462
3059	3056		1463
3060	3057		1464
3061	3058		1465
3062	3059		1466
3063	3060		1467
3064	3061		1468
3065	3062		1469
3066	3063		1470
3067	3064		1471
3068	3065		1472
3069	3066		1473
3070	3067		1474
3071		-	1475 HB190 Enrolled
	3068	+	1475
	3069	+	1476 HB190 Engrossed
3072	3070		Page 54
	3071	+	shall be entitled to receive a monthly benefit computed in
	3072	+	accordance with the formula set forth in subsection (a),
	3073	+	superannuation retirement benefit, the payment of which shall
	3074	+	commence upon his or her retirement if he or she has attained
	3075	+	the age of 55; if the member has not attained the age of 55,
3073	3076		payment shall be delayed until the member's attainment of age
3074	3077		55.
3075	3078		b. 18/60 Provisions. Subject to the general eligibility
3076	3079		requirements stated in subdivision (1) and to this paragraph,
3077	3080		a member who is not entitled to voluntarily retire pursuant to
3078	3081		subsection (a), superannuation retirement benefit, or
3079	3082		subdivision (1) of subsection (b), regular early retirement
3080	3083		benefit, but who is involuntarily retired after accumulating
3081	3084		18 years of service with the county, at least 10 of which is
3082	3085		paid membership time, shall be entitled to receive a monthly
3083	3086		benefit computed in accordance with the formula set forth in
3084	3087		subsection (a), superannuation retirement benefit, the payment
3085	3088		of which shall commence as set forth below.
3086	3089		1. Member contributions. In order to receive a benefit
3087	3090		under paragraph b., a member shall contribute to the plan from
3088	3091		the date of the member's involuntary retirement to the date
3089	3092		that the benefit commences, by the last day of each calendar
3090	3093		month: (i) the amount of employee contributions that he or she
3091	3094		would have made if he or she had continued to be employed by
3092	3095		the county at the same salary as he or she was receiving at
3093	3096		the time of his or her termination of employment, plus (ii)
3094	3097		the amount which the county would have contributed to the plan
3095	3098		on the member's behalf if he or she had continued to be
3096	3099		employed by the county at the same salary as he or she was
3097		-	receiving at the time of his or her termination of employment.
3098		-	2. Commencement of payment. Payment Subject to the
3099		-	requirements provided in subsection (e), payment of a member's
3100		-	involuntary deferred retirement benefit under paragraph b.
3101		-	shall commence upon the earlier of: (i) the date on which the
3102		-	1476
3103	3100		1477
3104	3101		1478
3105	3102		1479
3106	3103		1480
3107	3104		1481
3108	3105		1482
3109	3106		1483
3110	3107		1484
3111	3108		1485
3112	3109		1486
3113	3110		1487
3114	3111		1488
3115	3112		1489
3116	3113		1490
3117	3114		1491
3118	3115		1492
3119	3116		1493
3120	3117		1494
3121	3118		1495
3122	3119		1496
3123	3120		1497
3124	3121		1498
3125	3122		1499
3126	3123		1500
3127	3124		1501
3128	3125		1502
3129		-	1503 HB190 Enrolled
	3126	+	1503
	3127	+	1504 HB190 Engrossed
3130	3128		Page 55
	3129	+	employed by the county at the same salary as he or she was
	3130	+	receiving at the time of his or her termination of employment.
	3131	+	2. Commencement of payment. Payment Subject to the
	3132	+	requirements provided in subsection (e), payment of a member's
	3133	+	involuntary deferred retirement benefit under paragraph b.
3131	3134		shall commence upon the earlier of: (i) the date on which the
3132	3135		member attains the age of 60; or (ii) the date on which the
3133	3136		member would have completed 30 years of service with the
3134	3137		county, if he or she had continued employment with the county,
3135	3138		regardless of whether the member is employed with another
3136	3139		employer at the time payment is to commence; provided however,
3137	3140		that if at the time payment of the deferred retirement benefit
3138	3141		commences, he or she has not attained the age of 60, the
3139	3142		amount of his or her monthly benefit computed in accordance
3140	3143		with subsection (a), superannuation retirement benefit, shall
3141	3144		be reduced in the same manner as the early retirement benefit
3142	3145		is reduced under subdivision (1) of subsection (b).
3143	3146		(d) Offset for payment of hospital, surgical, and
3144	3147		medical benefits premiums. To the extent that the county, with
3145	3148		sufficient advance written notice, so directs the system, the
3146	3149		system shall offset the monthly benefit amount payable to a
3147	3150		retired member by an amount, determined by the county, needed
3148	3151		to pay for the member's premiums for certain hospital,
3149	3152		surgical, and/or or medical benefits , or any combination of
3150	3153		them, sponsored by the county. The system shall pay such
3151	3154		withheld amounts to the county on a monthly basis. In the
3152	3155		event that the county makes an error in its written direction
3153	3156		to the system, the system shall not be required to correct
3154	3157		such error by adjusting its withholdings; rather, such error
3155		-	shall be corrected between the county and the member. At any
3156		-	time a written opinion from a competent actuary selected by
3157		-	the commission is made indicating that the funds and assets of
3158		-	the system are not actuarially sound, then the benefits of
3159		-	this subsection shall cease to be in effect until such time as
3160		-	1504
3161	3158		1505
3162	3159		1506
3163	3160		1507
3164	3161		1508
3165	3162		1509
3166	3163		1510
3167	3164		1511
3168	3165		1512
3169	3166		1513
3170	3167		1514
3171	3168		1515
3172	3169		1516
3173	3170		1517
3174	3171		1518
3175	3172		1519
3176	3173		1520
3177	3174		1521
3178	3175		1522
3179	3176		1523
3180	3177		1524
3181	3178		1525
3182	3179		1526
3183	3180		1527
3184	3181		1528
3185	3182		1529
3186	3183		1530
3187		-	1531 HB190 Enrolled
	3184	+	1531
	3185	+	1532 HB190 Engrossed
3188	3186		Page 56
	3187	+	such error by adjusting its withholdings; rather, such error
	3188	+	shall be corrected between the county and the member. At any
	3189	+	time a written opinion from a competent actuary selected by
	3190	+	the commission is made indicating that the funds and assets of
	3191	+	the system are not actuarially sound, then the benefits of
3189	3192		this subsection shall cease to be in effect until such time as
3190	3193		an actuary appointed by the commission gives a written opinion
3191	3194		that the system is financially sound. Any such actuarial
3192	3195		services shall be paid for by the system.
3193	3196		(e) Member action required. A member shall complete all
3194	3197		forms required by the pension board before payment of any
3195	3198		benefit provided in this chapter may commence. "
3196	3199		"§45-37-123.101
3197	3200		(a) Election of postretirement joint survivorship
3198	3201		pension. In lieu of a benefit under subsections (a) to (c),
3199	3202		inclusive, of Section 45-37-123.100, superannuation retirement
3200	3203		benefit, early retirement benefit, or deferred retirement
3201	3204		benefit, respectively, a member may elect to receive a
3202	3205		postretirement joint survivorship pension.
3203	3206		(1) PERCENTAGE ELECTION. In the event that a member
3204	3207		desires to elect pursuant to this subsection to receive a
3205	3208		postretirement joint survivorship pension, he or she shall
3206	3209		elect one of the following percentages, which election shall
3207	3210		be the actuarial equivalent of the monthly retirement pension
3208	3211		benefit provided in subsections (a) to (c), inclusive, of
3209	3212		Section 45-37-123.100, as applicable:
3210	3213		a. Reduced monthly benefit payable over the life of the
3211	3214		member and the life of the member's designated beneficiary, 50
3212	3215		percent postretirement joint survivorship pension.
3213		-	b. Reduced monthly benefit payable over the life of the
3214		-	member and the life of the member's designated beneficiary, 66
3215		-	and two-thirds percent postretirement joint survivorship
3216		-	pension.
3217		-	c. Reduced monthly benefit payable over the life of the
3218		-	1532
3219	3216		1533
3220	3217		1534
3221	3218		1535
3222	3219		1536
3223	3220		1537
3224	3221		1538
3225	3222		1539
3226	3223		1540
3227	3224		1541
3228	3225		1542
3229	3226		1543
3230	3227		1544
3231	3228		1545
3232	3229		1546
3233	3230		1547
3234	3231		1548
3235	3232		1549
3236	3233		1550
3237	3234		1551
3238	3235		1552
3239	3236		1553
3240	3237		1554
3241	3238		1555
3242	3239		1556
3243	3240		1557
3244	3241		1558
3245		-	1559 HB190 Enrolled
	3242	+	1559
	3243	+	1560 HB190 Engrossed
3246	3244		Page 57
	3245	+	percent postretirement joint survivorship pension.
	3246	+	b. Reduced monthly benefit payable over the life of the
	3247	+	member and the life of the member's designated beneficiary, 66
	3248	+	and two-thirds percent postretirement joint survivorship
	3249	+	pension.
3247	3250		c. Reduced monthly benefit payable over the life of the
3248	3251		member and the life of the member's designated beneficiary, 75
3249	3252		percent postretirement joint survivorship pension.
3250	3253		d. Reduced monthly benefit payable over the life of the
3251	3254		member and the life of the member's designated beneficiary,
3252	3255		100 percent postretirement joint survivorship pension.
3253	3256		(2) FORM OF POSTRETIREMENT JOINT SURVIVORSHIP PENSION.
3254	3257		In addition to electing a percentage under subdivision (1), a
3255	3258		member who desires to elect to receive a postretirement joint
3256	3259		survivorship pension shall elect one of the following two
3257	3260		forms:
3258	3261		a. Pop-up Form. Under the pop-up form, if the member's
3259	3262		designated beneficiary predeceases the retired member, then in
3260	3263		the month following the designated beneficiary's death, the
3261	3264		member's monthly pension benefit shall pop-up to the amount
3262	3265		that would have been payable to the member under subsections
3263	3266		(a) to (c), inclusive, of Section 45-37-123.100, as
3264	3267		applicable, as if the member had never elected a
3265	3268		postretirement joint survivorship pension; the cost of a
3266	3269		pop-up form is more than the cost of the regular form
3267	3270		described in paragraph b.
3268	3271		b. Regular Form. Under the regular form, if the
3269	3272		member's designated beneficiary predeceases the retired
3270	3273		member, then the member shall continue to receive the same
3271		-	amount that he or she was receiving prior to the designated
3272		-	beneficiary's death. The amount of the benefit payment shall
3273		-	not change.
3274		-	(b) Timing of election. Except as provided in the
3275		-	immediately following sentence, in the event that a member
3276		-	1560
3277	3274		1561
3278	3275		1562
3279	3276		1563
3280	3277		1564
3281	3278		1565
3282	3279		1566
3283	3280		1567
3284	3281		1568
3285	3282		1569
3286	3283		1570
3287	3284		1571
3288	3285		1572
3289	3286		1573
3290	3287		1574
3291	3288		1575
3292	3289		1576
3293	3290		1577
3294	3291		1578
3295	3292		1579
3296	3293		1580
3297	3294		1581
3298	3295		1582
3299	3296		1583
3300	3297		1584
3301	3298		1585
3302	3299		1586
3303		-	1587 HB190 Enrolled
	3300	+	1587
	3301	+	1588 HB190 Engrossed
3304	3302		Page 58
	3303	+	member, then the member shall continue to receive the same
	3304	+	amount that he or she was receiving prior to the designated
	3305	+	beneficiary's death. The amount of the benefit payment shall
	3306	+	not change.
	3307	+	(b) Timing of election. Except as provided in the
3305	3308		immediately following sentence, in the event that a member
3306	3309		desires to elect a postretirement joint survivorship pension,
3307	3310		he or she shall do so in writing, on a form provided by the
3308	3311		pension board, no later than the member's last day of
3309	3312		employment. In the event that a member previously elected a
3310	3313		deferred retirement benefit and desires to elect a
3311	3314		postretirement joint survivorship pension, he or she shall do
3312	3315		so in writing, on a form provided by the pension board, no
3313	3316		later than the day before the member's sixtieth birthday.
3314	3317		(c) Timing of payments. Payment to the member commences
3315	3318		on the day after the member terminates employment and shall
3316	3319		continue to be paid each month thereafter until the member's
3317	3320		death. If the member's designated beneficiary survives after
3318	3321		the death of the member, the postretirement joint survivorship
3319	3322		pension payments shall be made monthly to the designated
3320	3323		beneficiary, beginning on the first day of the month following
3321	3324		the member's death, assuming provided that the pension board
3322	3325		is notified of the death in a timely manner and the designated
3323	3326		beneficiary has completed all forms required by the pension
3324	3327		board. Payments shall terminate with the first monthly payment
3325	3328		preceding the second to die of the member and the designated
3326	3329		beneficiary. In the event that a refund is to be paid pursuant
3327	3330		to Section 45-37-123.104(4)c., such payment shall be made as
3328	3331		soon as administratively feasible following the
3329		-	member's/designated beneficiary's deaths.
3330		-	(d) Cost of postretirement joint survivorship pension.
3331		-	To the extent that a member elects payment of a postretirement
3332		-	joint survivorship pension for his or her designated
3333		-	beneficiary, the benefit otherwise payable to the member shall
3334		-	1588
3335	3332		1589
3336	3333		1590
3337	3334		1591
3338	3335		1592
3339	3336		1593
3340	3337		1594
3341	3338		1595
3342	3339		1596
3343	3340		1597
3344	3341		1598
3345	3342		1599
3346	3343		1600
3347	3344		1601
3348	3345		1602
3349	3346		1603
3350	3347		1604
3351	3348		1605
3352	3349		1606
3353	3350		1607
3354	3351		1608
3355	3352		1609
3356	3353		1610
3357	3354		1611
3358	3355		1612
3359	3356		1613
3360	3357		1614
3361		-	1615 HB190 Enrolled
	3358	+	1615
	3359	+	1616 HB190 Engrossed
3362	3360		Page 59
	3361	+	soon as administratively feasible following the
	3362	+	member's/designated beneficiary's deaths.
	3363	+	(d) Cost of postretirement joint survivorship pension.
	3364	+	To the extent that a member elects payment of a postretirement
	3365	+	joint survivorship pension for his or her designated
3363	3366		beneficiary, the benefit otherwise payable to the member shall
3364	3367		be actuarially reduced to reflect the election of a
3365	3368		postretirement joint survivorship pension.
3366	3369		(e) Changes in election. At any time before termination
3367	3370		of employment, the member may cancel his or her election to
3368	3371		have payment in such form by completing a form provided by the
3369	3372		pension board. Except as otherwise stated herein, the member's
3370	3373		election of a postretirement joint survivorship pension shall
3371	3374		be irrevocable once the member terminates employment.
3372	3375		(1) DEATH. a. Death of Member Prior to Actual
3373	3376		Retirement. In the event that a member dies prior to his or
3374	3377		her actual retirement, any postretirement joint survivorship
3375	3378		pension election he or she made shall be deemed void.
3376	3379		b. Death of Designated Beneficiary Before Payments
3377	3380		Commence. In the event that a member elects a postretirement
3378	3381		joint survivorship pension and his or her designated
3379	3382		beneficiary dies before payments commence, then upon the
3380	3383		designated beneficiary's death, the member's election of the
3381	3384		postretirement joint survivorship pension shall be
3382	3385		automatically canceled, and the member's right to receive
3383	3386		payments in accordance with subsections (a) to (c), inclusive,
3384	3387		of Section 45-37-123.100, as applicable, shall be reinstated.
3385	3388		c. Death of Both Member and Designated
3386	3389		Beneficiary-Refund. Except as provided in the immediately
3387		-	following sentence, in the event that a payment begins to the
3388		-	member, no refund of employee contributions shall be paid
3389		-	thereafter. Notwithstanding the foregoing sentence, in the
3390		-	event that the member and his or her designated beneficiary
3391		-	die, a refund shall be made in accordance with Section
3392		-	1616
3393	3390		1617
3394	3391		1618
3395	3392		1619
3396	3393		1620
3397	3394		1621
3398	3395		1622
3399	3396		1623
3400	3397		1624
3401	3398		1625
3402	3399		1626
3403	3400		1627
3404	3401		1628
3405	3402		1629
3406	3403		1630
3407	3404		1631
3408	3405		1632
3409	3406		1633
3410	3407		1634
3411	3408		1635
3412	3409		1636
3413	3410		1637
3414	3411		1638
3415	3412		1639
3416	3413		1640
3417	3414		1641
3418	3415		1642
3419		-	1643 HB190 Enrolled
	3416	+	1643
	3417	+	1644 HB190 Engrossed
3420	3418		Page 60
	3419	+	Beneficiary-Refund. Except as provided in the immediately
	3420	+	following sentence, in the event that a payment begins to the
	3421	+	member, no refund of employee contributions shall be paid
	3422	+	thereafter. Notwithstanding the foregoing sentence, in the
	3423	+	event that the member and his or her designated beneficiary
3421	3424		die, a refund shall be made in accordance with Section
3422	3425		45-37-123.104(4)c.
3423	3426		(2) DIVORCE. In the event that a married member names
3424	3427		his or her spouse as designated beneficiary, a subsequent
3425	3428		divorce of the member and the designated beneficiary shall not
3426	3429		cancel an election of a postretirement joint survivorship
3427	3430		pension. However, in the event that a member or designated
3428	3431		beneficiary presents to the pension board what the pension
3429	3432		board believes to be a valid divorce decree, settlement
3430	3433		agreement, or domestic relations order, collectively, a DRO,
3431	3434		that provides for a waiver or forfeiture of the postretirement
3432	3435		joint survivorship pension, then such waiver or forfeiture
3433	3436		shall be recognized by the pension board, and, accordingly,
3434	3437		the postretirement joint survivorship pension shall be deemed
3435	3438		void, and the member's monthly pension benefit shall
3436	3439		thereafter pop-up to the amount that would have been payable
3437	3440		to the member under subsections (a) to (c) of Section
3438	3441		45-37-123.100, as applicable, as if the member had never
3439	3442		elected a postretirement joint survivorship pension. Such
3440	3443		pop-up shall occur in the month following the pension board's
3441	3444		receipt and approval of the DRO. The member shall not be
3442	3445		allowed to elect another joint survivorship pension. See also
3443	3446		Section 45-37-123.194(a) for additional rules relating to
3444	3447		certain DROs.
3445		-	(f) Beneficiary Designated beneficiary designation. Any
3446		-	beneficiary designation made by a member for a preretirement
3447		-	joint survivorship pension shall automatically lapse upon the
3448		-	member's retirement or other termination of employment, and
3449		-	such member shall complete new forms, to be provided by the
3450		-	1644
3451	3448		1645
3452	3449		1646
3453	3450		1647
3454	3451		1648
3455	3452		1649
3456	3453		1650
3457	3454		1651
3458	3455		1652
3459	3456		1653
3460	3457		1654
3461	3458		1655
3462	3459		1656
3463	3460		1657
3464	3461		1658
3465	3462		1659
3466	3463		1660
3467	3464		1661
3468	3465		1662
3469	3466		1663
3470	3467		1664
3471	3468		1665
3472	3469		1666
3473	3470		1667
3474	3471		1668
3475	3472		1669
3476	3473		1670
3477		-	1671 HB190 Enrolled
	3474	+	1671
	3475	+	1672 HB190 Engrossed
3478	3476		Page 61
	3477	+	certain DROs.
	3478	+	(f) Beneficiary Designated beneficiary designation. Any
	3479	+	beneficiary designation made by a member for a preretirement
	3480	+	joint survivorship pension shall automatically lapse upon the
	3481	+	member's retirement or other termination of employment, and
3479	3482		such member shall complete new forms, to be provided by the
3480	3483		pension board, to designate a beneficiary of any
3481	3484		postretirement joint survivorship pension, in accordance with
3482	3485		Section 45-37-123.103(d) this section.
3483	3486		(g) Proof of death and marriage. The pension board may
3484	3487		require proper proof of death or marriage in accordance with
3485	3488		Section 45-37-123.103(f)."
3486	3489		"§45-37-123.102
3487	3490		(a) Disability benefit.
3488	3491		(1)a. Non-service connected disability benefits
3489	3492		benefit. Subject to subsection (h) (b), any member who, after
3490	3493		accumulating 10 years of paid membership time, experiences a
3491	3494		total or partial and permanent disability as a result of a
3492	3495		non-service connected disability shall be entitled to receive,
3493	3496		at the time set forth in subsection (e) (c), a monthly
3494	3497		disability retirement benefits benefit determined in
3495	3498		accordance with Section 45-37-123.100, as though the disabled
3496	3499		member were entitled to a superannuation retirement benefit at
3497	3500		the commencement of the disability; however, there shall be a
3498	3501		percentage reduction of such benefit to reflect early
3499	3502		commencement of the payment, such percentage to be based on
3500	3503		the member's whole years from actual eligibility for a
3501	3504		superannuation retirement benefit, as set forth below.
3502	3505		Notwithstanding any provisions to the contrary, the minimum
3503		-	monthly disability retirement benefit payable in connection
3504		-	with a non-service connected disability occurring before May
3505		-	17, 2021, shall be 50 percent of the monthly compensation the
3506		-	member was receiving at the time he or she experienced a total
3507		-	and permanent disability.
3508		-	1672
3509	3506		1673
3510	3507		1674
3511	3508		1675
3512	3509		1676
3513	3510		1677
3514	3511		1678
3515	3512		1679
3516	3513		1680
3517	3514		1681
3518	3515		1682
3519	3516		1683
3520	3517		1684
3521	3518		1685
3522	3519		1686
3523	3520		1687
3524	3521		1688
3525	3522		1689
3526	3523		1690
3527	3524		1691
3528	3525		1692
3529	3526		1693
3530	3527		1694
3531	3528		1695
3532	3529		1696
3533	3530		1697
3534	3531		1698
3535		-	1699 HB190 Enrolled
	3532	+	1699
	3533	+	1700 HB190 Engrossed
3536	3534		Page 62
	3535	+	Notwithstanding any provisions to the contrary, the minimum
	3536	+	monthly disability retirement benefit payable in connection
	3537	+	with a non-service connected disability occurring before May
	3538	+	17, 2021, shall be 50 percent of the monthly compensation the
	3539	+	member was receiving at the time he or she experienced a total
3537	3540		and permanent disability.
3538	3541		Number of Whole Years Until
3539	3542		Eligibility for Superannuation
3540	3543		Retirement Benefit
3541	3544		Percentage Reduction of
3542	3545		Superannuation Retirement
3543	3546		Benefit
3544	3547		1 93%
3545	3548		2 87%
3546	3549		3 82%
3547	3550		4 77%
3548	3551		5 72%
3549	3552		6 68%
3550	3553		7 64%
3551	3554		8 60%
3552	3555		9 57%
3553	3556		10 54%
3554	3557		11 or more 50%
3555	3558		b. Any member who, after accumulating 10 years of paid
3556	3559		membership time, experiences a partial and permanent
3557	3560		disability as a result of a non-service connected disability,
3558	3561		shall be entitled to receive a monthly disability benefit
3559	3562		determined in accordance with subdivision (3).
3560		-	(b)(2) Service connected disability benefits benefit.
3561		-	Subject to subsection (h) (b), any member who experiences a
3562		-	total or partial and permanent disability as a result of a
3563		-	service connected disability shall be entitled to receive a
3564		-	monthly disability retirement benefits benefit in an amount
3565		-	1700
3566	3563		1701
3567	3564		1702
3568	3565		1703
3569	3566		1704
3570	3567		1705
3571	3568		1706
3572	3569		1707
3573	3570		1708
3574	3571		1709
3575	3572		1710
3576	3573		1711
3577	3574		1712
3578	3575		1713
3579	3576		1714
3580	3577		1715
3581	3578		1716
3582	3579		1717
3583	3580		1718
3584	3581		1719
3585	3582		1720
3586	3583		1721
3587	3584		1722
3588		-	1723 HB190 Enrolled
	3585	+	1723
	3586	+	1724 HB190 Engrossed
3589	3587		Page 63
	3588	+	determined in accordance with subdivision (3).
	3589	+	(b)(2) Service connected disability benefits benefit.
	3590	+	Subject to subsection (h) (b), any member who experiences a
	3591	+	total or partial and permanent disability as a result of a
	3592	+	service connected disability shall be entitled to receive a
3590	3593		monthly disability retirement benefits benefit in an amount
3591	3594		equal to 60 percent of the member's monthly compensation that
3592	3595		he or she was receiving at the time he or she experienced a
3593	3596		total and permanent disability. Any member who experiences a
3594	3597		partial and permanent disability as a result of a service
3595	3598		connected disability shall be entitled to receive a monthly
3596	3599		disability benefit determined in accordance with subdivision
3597	3600		(3).
3598	3601		(c)(3) Partial disability benefits. In the event that a
3599	3602		member experiences a partial and permanent disability in
3600	3603		connection with either a non-service connected disability or a
3601	3604		service connected disability, the pension board and its
3602	3605		medical advisor shall determine the percentage of disability
3603	3606		suffered, and the member shall be entitled to the proportion
3604	3607		of the amount which would have been payable if the disability
3605	3608		were a total permanent disability.
3606	3609		(b) Conditions for eligibility.
3607	3610		(1) Disability shall be permanent. To be qualified to
3608	3611		receive a disability benefit, the disability, whether total or
3609	3612		partial, shall be permanent and shall be experienced on or
3610	3613		before a member's separation from employment with the county.
3611	3614		Disability benefits under this subsection shall only continue
3612	3615		for such time as a member continues to experience a permanent
3613	3616		disability, whether total or partial.
3614		-	(2) Application and medical examination. Applications
3615		-	for a disability benefit shall be made in writing on forms
3616		-	provided by the pension board. All applicants for a disability
3617		-	benefit shall submit to all medical evaluations and
3618		-	examinations required by the pension board.
3619		-	1724
3620	3617		1725
3621	3618		1726
3622	3619		1727
3623	3620		1728
3624	3621		1729
3625	3622		1730
3626	3623		1731
3627	3624		1732
3628	3625		1733
3629	3626		1734
3630	3627		1735
3631	3628		1736
3632	3629		1737
3633	3630		1738
3634	3631		1739
3635	3632		1740
3636	3633		1741
3637	3634		1742
3638	3635		1743
3639	3636		1744
3640	3637		1745
3641	3638		1746
3642	3639		1747
3643	3640		1748
3644	3641		1749
3645	3642		1750
3646		-	1751 HB190 Enrolled
	3643	+	1751
	3644	+	1752 HB190 Engrossed
3647	3645		Page 64
	3646	+	disability, whether total or partial.
	3647	+	(2) Application and medical examination. Applications
	3648	+	for a disability benefit shall be made in writing on forms
	3649	+	provided by the pension board. All applicants for a disability
	3650	+	benefit shall submit to all medical evaluations and
3648	3651		examinations required by the pension board.
3649	3652		(3) Certification and reexamination. All members
3650	3653		receiving a disability benefit shall certify any information
3651	3654		required by the pension board and shall submit to
3652	3655		reexamination as required by the pension board.
3653	3656		(4) Member's duty to inform. Members receiving a
3654	3657		disability benefit shall notify the pension board in writing
3655	3658		within 30 days after accepting any full-time or part-time
3656	3659		employment, whether or not the employment is in the service of
3657	3660		the county.
3658	3661		(d)(5) Disqualification from receipt of a disability
3659	3662		benefits benefit. No disability retirement benefits benefit
3660	3663		shall be paid if the use of intoxicating liquor, narcotic
3661	3664		drugs, or willful misconduct of the disabled member caused, or
3662	3665		substantially contributed to, the disability or if the cause
3663	3666		of the disability was voluntarily and willfully caused by the
3664	3667		disabled member.
3665	3668		(e)(c) Timing of payment. Payment of disability
3666	3669		retirement benefits provided for by this section shall
3667	3670		commence when the member separates from employment with the
3668	3671		county and ceases to receive his or her compensation subject
3669	3672		to the employee contribution requirements set forth in Section
3670	3673		45-37-123.80 45-37-123.82 and once a determination of
3671	3674		disability has been made by the pension board.
3672		-	(f) Reexamination of members receiving disability
3673		-	benefits. Disability retirement benefits under this section
3674		-	shall only continue for such time as the member continues to
3675		-	experience a total disability, or a partial disability as
3676		-	determined under subsection (c). The pension board may require
3677		-	1752
3678	3675		1753
3679	3676		1754
3680	3677		1755
3681	3678		1756
3682	3679		1757
3683	3680		1758
3684	3681		1759
3685	3682		1760
3686	3683		1761
3687	3684		1762
3688	3685		1763
3689	3686		1764
3690	3687		1765
3691	3688		1766
3692	3689		1767
3693	3690		1768
3694	3691		1769
3695	3692		1770
3696	3693		1771
3697	3694		1772
3698	3695		1773
3699	3696		1774
3700	3697		1775
3701	3698		1776
3702	3699		1777
3703	3700		1778
3704		-	1779 HB190 Enrolled
	3701	+	1779
	3702	+	1780 HB190 Engrossed
3705	3703		Page 65
	3704	+	disability has been made by the pension board.
	3705	+	(f) Reexamination of members receiving disability
	3706	+	benefits. Disability retirement benefits under this section
	3707	+	shall only continue for such time as the member continues to
	3708	+	experience a total disability, or a partial disability as
3706	3709		determined under subsection (c). The pension board may require
3707	3710		any member receiving disability retirement benefits to submit
3708	3711		to a medical examination by the medical advisor. If the member
3709	3712		refuses to undergo the medical examination ordered by the
3710	3713		pension board, the member's disability retirement benefits may
3711	3714		be discontinued until the member consents to the examination.
3712	3715		If a member's disability retirement benefits are discontinued
3713	3716		based on the member's refusal to allow a reexamination by the
3714	3717		medical advisor, the member shall wholly lose such benefits
3715	3718		between the date of the member's refusal or failure to allow
3716	3719		the examination and the date of examination thereafter made.
3717	3720		Should the medical advisor report to the pension board that
3718	3721		the member receiving disability retirement benefits is able to
3719	3722		resume his or her usual occupation, such member shall be
3720	3723		restored to his or her former position if the member's
3721	3724		position is in the service of the county; otherwise, the
3722	3725		member shall be placed on the appropriate layoff list of the
3723	3726		county and shall not receive any additional payments for
3724	3727		disability on and after the date the member is reemployed by
3725	3728		the county or fails or refuses to accept such reemployment. If
3726	3729		the member is reemployed by the county, the member shall
3727	3730		resume employee contributions immediately upon reemployment in
3728	3731		accordance with Section 45-37-123.80. Provided however, the
3729	3732		pension board shall in no case make additional disability
3730		-	retirement benefit payments to a member on a particular
3731		-	disability claim beyond six months from the date the medical
3732		-	advisor reports to the pension board that the member is able
3733		-	to resume his or her usual occupation.
3734		-	(g)(d) Ineligibility for joint survivorship pension
3735		-	1780
3736	3733		1781
3737	3734		1782
3738	3735		1783
3739	3736		1784
3740	3737		1785
3741	3738		1786
3742	3739		1787
3743	3740		1788
3744	3741		1789
3745	3742		1790
3746	3743		1791
3747	3744		1792
3748	3745		1793
3749	3746		1794
3750	3747		1795
3751	3748		1796
3752	3749		1797
3753	3750		1798
3754	3751		1799
3755	3752		1800
3756	3753		1801
3757	3754		1802
3758	3755		1803
3759	3756		1804
3760	3757		1805
3761	3758		1806
3762		-	1807 HB190 Enrolled
	3759	+	1807
	3760	+	1808 HB190 Engrossed
3763	3761		Page 66
	3762	+	pension board shall in no case make additional disability
	3763	+	retirement benefit payments to a member on a particular
	3764	+	disability claim beyond six months from the date the medical
	3765	+	advisor reports to the pension board that the member is able
	3766	+	to resume his or her usual occupation.
3764	3767		(g)(d) Ineligibility for joint survivorship pension
3765	3768		option. A member electing a disability retirement benefit
3766	3769		shall not be entitled to elect a joint survivorship pension
3767	3770		provided under Section 45-37-123.101, though a member may
3768	3771		elect a 25-year early retirement benefit if such member has
3769	3772		met the eligibility requirements set forth in Section
3770	3773		45-37-123.100(b)(2).
3771	3774		(h)(e) Ineligibility for disability retirement benefit
3772	3775		if eligible for a superannuation retirement benefit. In the
3773	3776		event that a member is eligible for a superannuation
3774	3777		retirement benefit pursuant to Section 45-37-123.100(a), such
3775	3778		member shall not be eligible for a disability retirement
3776	3779		benefit.
3777	3780		(f) Reemployment with the county. No disability benefit
3778	3781		shall be paid to a disabled member who is reemployed by the
3779	3782		county. Upon reemployment by the county in a position subject
3780	3783		to mandatory membership as provided in Section
3781	3784		45-37-123.50(1), a reemployed member shall resume employee
3782	3785		contributions as provided in Section 45-37-123.82 as a new
3783	3786		member of the system with no paid membership time. Upon
3784	3787		reemployment by the county in a position subject to optional
3785	3788		membership, the member's membership in the system shall
3786	3789		terminate unless the option to become a member of the system
3787	3790		is exercised in accordance with Section 45-37-123.50(2). If
3788		-	the option to become a member is exercised in accordance with
3789		-	Section 45-37-123.50(2), the reemployed member shall resume
3790		-	employee contributions as provided in Section 45-37-123.82 as
3791		-	a new member of the system with no paid membership time.
3792		-	(i)(g) Death. If a member dies while receiving payment
3793		-	1808
3794	3791		1809
3795	3792		1810
3796	3793		1811
3797	3794		1812
3798	3795		1813
3799	3796		1814
3800	3797		1815
3801	3798		1816
3802	3799		1817
3803	3800		1818
3804	3801		1819
3805	3802		1820
3806	3803		1821
3807	3804		1822
3808	3805		1823
3809	3806		1824
3810	3807		1825
3811	3808		1826
3812	3809		1827
3813	3810		1828
3814	3811		1829
3815	3812		1830
3816	3813		1831
3817	3814		1832
3818	3815		1833
3819	3816		1834
3820		-	1835 HB190 Enrolled
	3817	+	1835
	3818	+	1836 HB190 Engrossed
3821	3819		Page 67
	3820	+	is exercised in accordance with Section 45-37-123.50(2). If
	3821	+	the option to become a member is exercised in accordance with
	3822	+	Section 45-37-123.50(2), the reemployed member shall resume
	3823	+	employee contributions as provided in Section 45-37-123.82 as
	3824	+	a new member of the system with no paid membership time.
3822	3825		(i)(g) Death. If a member dies while receiving payment
3823	3826		of a disability retirement benefit, the return of any
3824	3827		remaining portion of his or her employee contributions shall
3825	3828		be governed by Section 45-37-123.104(5)d 45-37-123.104(4)d . If
3826	3829		the member has received payments in an amount at least equal
3827	3830		to the amount of employee contributions he or she made to the
3828	3831		plan at the time of death, then no further payments shall be
3829	3832		made upon the member's death."
3830	3833		"§45-37-123.103
3831	3834		(a) Preretirement death benefits. A vested member's
3832	3835		designated beneficiary is entitled to a preretirement joint
3833	3836		survivorship pension, as described below.
3834	3837		(1) MARRIED MEMBER. If a married, active member dies,
3835	3838		then the designated beneficiary may elect, on a form provided
3836	3839		by the pension board, to be paid in one of the following
3837	3840		forms:
3838	3841		a. One Hundred Percent Preretirement Joint Survivorship
3839	3842		Pension. If such member was eligible for a deferred retirement
3840	3843		benefit at the time of the member's death, then the designated
3841	3844		beneficiary may elect to be paid in the form of a 100 percent
3842	3845		preretirement joint survivorship pension, which is a monthly
3843	3846		annuity paid during the designated beneficiary's lifetime
3844	3847		which is equal to the actuarial equivalent of the benefits
3845	3848		that would have been paid to the member if, instead of dying,
3846		-	the member had terminated employment.
3847		-	b. Refund. The designated beneficiary may elect a
3848		-	refund of the member's employee contributions in accordance
3849		-	with Section 45-37-123.104(4)b.
3850		-	(2) UNMARRIED MEMBER. If an unmarried, active member
3851		-	1836
3852	3849		1837
3853	3850		1838
3854	3851		1839
3855	3852		1840
3856	3853		1841
3857	3854		1842
3858	3855		1843
3859	3856		1844
3860	3857		1845
3861	3858		1846
3862	3859		1847
3863	3860		1848
3864	3861		1849
3865	3862		1850
3866	3863		1851
3867	3864		1852
3868	3865		1853
3869	3866		1854
3870	3867		1855
3871	3868		1856
3872	3869		1857
3873	3870		1858
3874	3871		1859
3875	3872		1860
3876	3873		1861
3877	3874		1862
3878		-	1863 HB190 Enrolled
	3875	+	1863
	3876	+	1864 HB190 Engrossed
3879	3877		Page 68
	3878	+	that would have been paid to the member if, instead of dying,
	3879	+	the member had terminated employment.
	3880	+	b. Refund. The designated beneficiary may elect a
	3881	+	refund of the member's employee contributions in accordance
	3882	+	with Section 45-37-123.104(4)b.
3880	3883		(2) UNMARRIED MEMBER. If an unmarried, active member
3881	3884		dies, then one of the following shall apply:
3882	3885		a. Preretirement Joint Survivorship Pension. If a
3883	3886		member becomes eligible for a deferred retirement benefit,
3884	3887		then the member may elect, on a form provided by the pension
3885	3888		board, a 100 percent preretirement joint survivorship pension,
3886	3889		which is a monthly annuity paid during the designated
3887	3890		beneficiary's lifetime which is equal to the actuarial
3888	3891		equivalent of the benefits that would have been paid to the
3889	3892		member if, instead of dying, the member had terminated
3890	3893		employment. In the event the designated beneficiary dies
3891	3894		before the member or in the event the member marries, any
3892	3895		election of a preretirement joint survivorship pension
3893	3896		automatically shall be revoked and the cost, as described in
3894	3897		subdivision (2) of subsection (c), for the preretirement
3895	3898		coverage shall cease to accumulate on the date of death of the
3896	3899		designated beneficiary or the member's date of marriage, as
3897	3900		applicable.
3898	3901		b. Refund. Regardless of whether the member makes an
3899	3902		election for the designated beneficiary to be paid in the form
3900	3903		of a preretirement joint survivorship pension in accordance
3901	3904		with paragraph a., upon the member's death, the designated
3902	3905		beneficiary can elect to be paid a refund of the member's
3903	3906		employee contributions in accordance with Section
3904		-	45-37-123.104(4)b. instead of being paid a preretirement joint
3905		-	survivorship pension.
3906		-	(b) Timing of payments. In the event of an election of
3907		-	a preretirement joint survivorship pension, such payment shall
3908		-	begin as soon as administratively feasible after the pension
3909		-	1864
3910	3907		1865
3911	3908		1866
3912	3909		1867
3913	3910		1868
3914	3911		1869
3915	3912		1870
3916	3913		1871
3917	3914		1872
3918	3915		1873
3919	3916		1874
3920	3917		1875
3921	3918		1876
3922	3919		1877
3923	3920		1878
3924	3921		1879
3925	3922		1880
3926	3923		1881
3927	3924		1882
3928	3925		1883
3929	3926		1884
3930	3927		1885
3931	3928		1886
3932	3929		1887
3933	3930		1888
3934	3931		1889
3935	3932		1890
3936		-	1891 HB190 Enrolled
	3933	+	1891
	3934	+	1892 HB190 Engrossed
3937	3935		Page 69
	3936	+	employee contributions in accordance with Section
	3937	+	45-37-123.104(4)b. instead of being paid a preretirement joint
	3938	+	survivorship pension.
	3939	+	(b) Timing of payments. In the event of an election of
	3940	+	a preretirement joint survivorship pension, such payment shall
3938	3941		begin as soon as administratively feasible after the pension
3939	3942		board is notified of the death and the designated
3940	3943		beneficiary's completion of all forms required by the pension
3941	3944		board. In any event, calculation of the amount of the death
3942	3945		benefit shall be made as of the day after the date of death
3943	3946		and any payments that do not occur as of the month following
3944	3947		the date of death shall be included in future payments. In the
3945	3948		event that a refund is to be paid, such payment shall be made
3946	3949		as soon as administratively feasible following the member's
3947	3950		death.
3948	3951		(c) Cost of preretirement joint survivorship pension.
3949	3952		(1) MARRIED MEMBERS.
3950	3953		a. On and After October 1, 1999. On and after October
3951	3954		1, 1999, the 100 percent preretirement joint survivorship
3952	3955		pension shall be provided without additional charge with
3953	3956		respect to a member who is married at the time of his or her
3954	3957		death, and the cost of such benefit shall be borne by the
3955	3958		system; however, in the event that a member designates a
3956	3959		non-spousal beneficiary in accordance with subdivision (d)(1),
3957	3960		the cost of such benefit shall be borne by the member's
3958	3961		designated beneficiary.
3959	3962		b. Prior to October 1, 1999. Prior to October 1, 1999,
3960	3963		a 50 percent preretirement joint survivorship pension was
3961	3964		provided to a member who was married at the time of his or her
3962		-	death, instead of 100 percent, and such members and their
3963		-	designated beneficiaries had an option to elect higher
3964		-	percentages under certain rules. Members and designated
3965		-	beneficiaries who elected a higher than 50 percent
3966		-	preretirement joint survivorship pension prior to October 1,
3967		-	1892
3968	3965		1893
3969	3966		1894
3970	3967		1895
3971	3968		1896
3972	3969		1897
3973	3970		1898
3974	3971		1899
3975	3972		1900
3976	3973		1901
3977	3974		1902
3978	3975		1903
3979	3976		1904
3980	3977		1905
3981	3978		1906
3982	3979		1907
3983	3980		1908
3984	3981		1909
3985	3982		1910
3986	3983		1911
3987	3984		1912
3988	3985		1913
3989	3986		1914
3990	3987		1915
3991	3988		1916
3992	3989		1917
3993	3990		1918
3994		-	1919 HB190 Enrolled
	3991	+	1919
	3992	+	1920 HB190 Engrossed
3995	3993		Page 70
	3994	+	provided to a member who was married at the time of his or her
	3995	+	death, instead of 100 percent, and such members and their
	3996	+	designated beneficiaries had an option to elect higher
	3997	+	percentages under certain rules. Members and designated
	3998	+	beneficiaries who elected a higher than 50 percent
3996	3999		preretirement joint survivorship pension prior to October 1,
3997	4000		1999, shall be charged for the increased percentage according
3998	4001		to actuarially-calculated costs, beginning with the date of
3999	4002		the election through September 30, 1999.
4000	4003		(2) UNMARRIED MEMBERS. To the extent that a member who
4001	4004		is not married at the time of his or her death previously
4002	4005		elected payment of a preretirement joint survivorship pension
4003	4006		for his or her designated beneficiary, the benefit otherwise
4004	4007		payable to the member shall be actuarially reduced to reflect
4005	4008		the election of a preretirement joint survivorship pension.
4006	4009		(d) Designated Beneficiaries.
4007	4010		(1) PRERETIREMENT JOINT SURVIVORSHIP PENSION FOR A
4008	4011		MARRIED MEMBER. Unless otherwise elected in the manner
4009	4012		prescribed below, the designated beneficiary of a
4010	4013		preretirement joint survivorship pension of a member that is
4011	4014		married at the time of his or her death shall be the member's
4012	4015		surviving spouse. Except, however, a member may designate a
4013	4016		beneficiary other than the spouse if:
4014	4017		a. The spouse has waived the right to be the member's
4015	4018		designated beneficiary; or
4016	4019		b. The member has been abandoned, within the meaning of
4017	4020		local law, and the member has a court order to such effect
4018	4021		that has been received and approved by the pension board ; or
4019	4022		c. The member has no spouse.
4020		-	(2) ALL OTHER DEATH BENEFITS. Except as provided in
4021		-	subdivision (1), a member, whether married or not, may
4022		-	designate any beneficiary, and may do so without the need of
4023		-	the consent of a spouse for a nonspousal beneficiary
4024		-	designation.
4025		-	1920
4026	4023		1921
4027	4024		1922
4028	4025		1923
4029	4026		1924
4030	4027		1925
4031	4028		1926
4032	4029		1927
4033	4030		1928
4034	4031		1929
4035	4032		1930
4036	4033		1931
4037	4034		1932
4038	4035		1933
4039	4036		1934
4040	4037		1935
4041	4038		1936
4042	4039		1937
4043	4040		1938
4044	4041		1939
4045	4042		1940
4046	4043		1941
4047	4044		1942
4048	4045		1943
4049	4046		1944
4050	4047		1945
4051	4048		1946
4052		-	1947 HB190 Enrolled
	4049	+	1947
	4050	+	1948 HB190 Engrossed
4053	4051		Page 71
	4052	+	c. The member has no spouse.
	4053	+	(2) ALL OTHER DEATH BENEFITS. Except as provided in
	4054	+	subdivision (1), a member, whether married or not, may
	4055	+	designate any beneficiary, and may do so without the need of
	4056	+	the consent of a spouse for a nonspousal beneficiary
4054	4057		designation.
4055	4058		(3) FORMS. Designation of a beneficiary shall be made
4056	4059		on a form provided by the pension board. A member may at any
4057	4060		time revoke a designation of a beneficiary or change a
4058	4061		designated beneficiary by filing written notice of revocation
4059	4062		or change with the pension board on a form provided by the
4060	4063		pension board. However, in the case of a preretirement joint
4061	4064		survivorship pension, the member's spouse shall again consent
4062	4065		in writing to any change in designated beneficiary unless the
4063	4066		original consent acknowledged that the spouse had the right to
4064	4067		limit consent only to a specific designated beneficiary and
4065	4068		that the spouse voluntarily elected to relinquish such right.
4066	4069		For a spouse's waiver to be valid, the signature of the spouse
4067	4070		executing such form shall be notarized. This consent to waiver
4068	4071		shall become irrevocable upon the death of the member.
4069	4072		(4) FAILURE TO DESIGNATE A BENEFICIARY OR LACK OF
4070	4073		DESIGNATED BENEFICIARY. In the event no valid designation of
4071	4074		beneficiary exists, or if the designated beneficiary is not
4072	4075		alive at the time of the member's death, the death benefit
4073	4076		shall be payable to the member's spouse if there is a spouse,
4074	4077		and if there is no spouse, to the member's estate. If there is
4075	4078		no estate, the death benefit may be interpleaded into a court
4076	4079		of competent jurisdiction. Additionally, if the designated
4077	4080		beneficiary does not predecease the member, but dies prior to
4078		-	the distribution of the death benefit, the death benefit shall
4079		-	be paid to the designated beneficiary's estate. If there is no
4080		-	estate, the death benefit may be interpleaded into a court of
4081		-	competent jurisdiction.
4082		-	(5) MORE THAN ONE DESIGNATED BENEFICIARY. In the event
4083		-	1948
4084	4081		1949
4085	4082		1950
4086	4083		1951
4087	4084		1952
4088	4085		1953
4089	4086		1954
4090	4087		1955
4091	4088		1956
4092	4089		1957
4093	4090		1958
4094	4091		1959
4095	4092		1960
4096	4093		1961
4097	4094		1962
4098	4095		1963
4099	4096		1964
4100	4097		1965
4101	4098		1966
4102	4099		1967
4103	4100		1968
4104	4101		1969
4105	4102		1970
4106	4103		1971
4107	4104		1972
4108	4105		1973
4109	4106		1974
4110		-	1975 HB190 Enrolled
	4107	+	1975
	4108	+	1976 HB190 Engrossed
4111	4109		Page 72
	4110	+	beneficiary does not predecease the member, but dies prior to
	4111	+	the distribution of the death benefit, the death benefit shall
	4112	+	be paid to the designated beneficiary's estate. If there is no
	4113	+	estate, the death benefit may be interpleaded into a court of
	4114	+	competent jurisdiction.
4112	4115		(5) MORE THAN ONE DESIGNATED BENEFICIARY. In the event
4113	4116		that more than one primary beneficiary is designated and a
4114	4117		designated primary beneficiary dies, absent any direction on
4115	4118		the beneficiary designation form to the contrary, the member's
4116	4119		benefit shall be divided equally among the remaining primary
4117	4120		designated beneficiaries.
4118	4121		(6) DESIGNATION OF NONPERSONS AS BENEFICIARIES. A
4119	4122		member may designate a nonperson as a beneficiary, for
4120	4123		example, a trust or estate. In such event, the pension board
4121	4124		may require additional documentation, for example, trust
4122	4125		documents.
4123	4126		(7) LAPSE OF BENEFICIARY DESIGNATION. Any beneficiary
4124	4127		designation made by a member for a preretirement joint
4125	4128		survivorship pension or refund shall automatically lapse upon
4126	4129		the member's election of a postretirement joint survivorship
4127	4130		pension; at that time, the member shall complete new forms, to
4128	4131		be provided by the pension board, to designate a beneficiary
4129	4132		of any postretirement joint survivorship pension.
4130	4133		(8) EFFECT OF MARRIAGE OR DIVORCE UPON A BENEFICIARY
4131	4134		DESIGNATION. Except in the case of a preretirement joint
4132	4135		survivorship pension, marriage or divorce does not change any
4133	4136		previous beneficiary designation. In the case of a
4134	4137		preretirement joint survivorship pension, if an unmarried
4135	4138		member gets married, such member's spouse shall automatically
4136		-	become the member's designated beneficiary, which can
4137		-	thereafter be waived in accordance with subdivision (1).
4138		-	(9) DISTRIBUTION FOR MINOR OR INCOMPETENT BENEFICIARY.
4139		-	In the event a distribution is to be made to a minor or
4140		-	incompetent designated beneficiary, then the pension board may
4141		-	1976
4142	4139		1977
4143	4140		1978
4144	4141		1979
4145	4142		1980
4146	4143		1981
4147	4144		1982
4148	4145		1983
4149	4146		1984
4150	4147		1985
4151	4148		1986
4152	4149		1987
4153	4150		1988
4154	4151		1989
4155	4152		1990
4156	4153		1991
4157	4154		1992
4158	4155		1993
4159	4156		1994
4160	4157		1995
4161	4158		1996
4162	4159		1997
4163	4160		1998
4164	4161		1999
4165	4162		2000
4166	4163		2001
4167	4164		2002
4168		-	2003 HB190 Enrolled
	4165	+	2003
	4166	+	2004 HB190 Engrossed
4169	4167		Page 73
	4168	+	member gets married, such member's spouse shall automatically
	4169	+	become the member's designated beneficiary, which can
	4170	+	thereafter be waived in accordance with subdivision (1).
	4171	+	(9) DISTRIBUTION FOR MINOR OR INCOMPETENT BENEFICIARY.
	4172	+	In the event a distribution is to be made to a minor or
4170	4173		incompetent designated beneficiary, then the pension board may
4171	4174		direct that such distribution be paid to the legal guardian,
4172	4175		or if none in the case of a minor designated beneficiary, to a
4173	4176		parent of such designated beneficiary or a responsible adult
4174	4177		with whom the designated beneficiary maintains residence, or
4175	4178		to the custodian for such designated beneficiary under the
4176	4179		Uniform Gift to Minors Act or Gift to Minors Act, if permitted
4177	4180		by the laws of the state in which the designated beneficiary
4178	4181		resides. Such a payment to the legal guardian, custodian, or
4179	4182		parent of a minor designated beneficiary shall fully discharge
4180	4183		the trustee, the county, the pension board, and the plan from
4181	4184		further liability on account thereof. The pension board may
4182	4185		require evidence of guardianship, existence of custodial
4183	4186		accounts, or any other documentation that is deemed prudent to
4184	4187		establish that payment shall be made properly.
4185	4188		(e) Other death benefits. Upon a member's retirement or
4186	4189		other termination of employment, any preretirement joint
4187	4190		survivorship pension benefit coverage ceases. Any other
4188	4191		benefits to be paid upon the death of a member or designated
4189	4192		beneficiary, such as refunds, are governed by Section
4190	4193		45-37-123.104(4).
4191	4194		(f) Proof of death and marriage. The pension board may
4192	4195		require proper proof of death and marriage and evidence of the
4193	4196		right of any person individual to receive the death benefit
4194		-	payable as a result of the death of a member as the pension
4195		-	board may deem desirable. Proof may include a certified
4196		-	marriage certificate, certified death certificate of the
4197		-	member, and affidavits of relatives, members, or other persons
4198		-	individuals knowledgeable of the fact of marriage. If no
4199		-	2004
4200	4197		2005
4201	4198		2006
4202	4199		2007
4203	4200		2008
4204	4201		2009
4205	4202		2010
4206	4203		2011
4207	4204		2012
4208	4205		2013
4209	4206		2014
4210	4207		2015
4211	4208		2016
4212	4209		2017
4213	4210		2018
4214	4211		2019
4215	4212		2020
4216	4213		2021
4217	4214		2022
4218	4215		2023
4219	4216		2024
4220	4217		2025
4221	4218		2026
4222	4219		2027
4223	4220		2028
4224	4221		2029
4225	4222		2030
4226		-	2031 HB190 Enrolled
	4223	+	2031
	4224	+	2032 HB190 Engrossed
4227	4225		Page 74
	4226	+	right of any person individual to receive the death benefit
	4227	+	payable as a result of the death of a member as the pension
	4228	+	board may deem desirable. Proof may include a certified
	4229	+	marriage certificate, certified death certificate of the
	4230	+	member, and affidavits of relatives, members, or other persons
4228	4231		individuals knowledgeable of the fact of marriage. If no
4229	4232		marriage certificate is available and for For common law
4230	4233		marriage marriages entered into before January 1, 2017 , proof
4231	4234		shall include evidence of the existence of the marriage as may
4232	4235		be required by law and also may require indemnification and
4233	4236		hold harmless agreements. The pension board may require that
4234	4237		unclear cases be adjudicated in an appropriate court
4235	4238		proceeding. An unmarried member may be required by the pension
4236	4239		board to sign an affidavit to certify that such member is not
4237	4240		married. The pension board's determination of death benefits
4238	4241		and the right of any person individual to receive payment
4239	4242		shall be conclusive."
4240	4243		"§45-37-123.104
4241	4244		The following provisions generally govern a member's
4242	4245		withdrawal and refund of employee contributions under the
4243	4246		plan. Any member who fails to make application for the amount
4244	4247		of his or her employee contributions pursuant to this section
4245	4248		within five years after his or her separation from the service
4246	4249		of the county, except as otherwise provided herein or
4247	4250		otherwise determined by the pension board, shall be deemed to
4248	4251		have forfeited and donated such employee contributions to the
4249	4252		trust fund pursuant to Section 45-37-123.83. The foregoing
4250	4253		five year rule only applies to a member; in the case of a
4251	4254		beneficiary, the pension board may only forfeit employee
4252		-	contributions after it has exhausted reasonable efforts to
4253		-	locate the beneficiary.
4254		-	(1) WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS BY NONVESTED
4255		-	MEMBERS NOT ENTITLED TO A DEFERRED RETIREMENT BENEFIT. In the
4256		-	event that a nonvested member ceases to be an employee of the
4257		-	2032
4258	4255		2033
4259	4256		2034
4260	4257		2035
4261	4258		2036
4262	4259		2037
4263	4260		2038
4264	4261		2039
4265	4262		2040
4266	4263		2041
4267	4264		2042
4268	4265		2043
4269	4266		2044
4270	4267		2045
4271	4268		2046
4272	4269		2047
4273	4270		2048
4274	4271		2049
4275	4272		2050
4276	4273		2051
4277	4274		2052
4278	4275		2053
4279	4276		2054
4280	4277		2055
4281	4278		2056
4282	4279		2057
4283	4280		2058
4284		-	2059 HB190 Enrolled
	4281	+	2059
	4282	+	2060 HB190 Engrossed
4285	4283		Page 75
	4284	+	beneficiary, the pension board may only forfeit employee
	4285	+	contributions after it has exhausted reasonable efforts to
	4286	+	locate the beneficiary.
	4287	+	(1) WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS BY NONVESTED
	4288	+	MEMBERS NOT ENTITLED TO A DEFERRED RETIREMENT BENEFIT. In the
4286	4289		event that a nonvested member ceases to be an employee of the
4287	4290		county for reasons other than retirement, death, or disability
4288	4291		before he or she is eligible for a deferred retirement
4289	4292		benefit, such nonvested member, upon written or electronic
4290	4293		application therefore to the pension board, shall be paid the
4291	4294		full amount of his or her employee contributions, without
4292	4295		interest.
4293	4296		(2) WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS BY VESTED
4294	4297		MEMBERS ENTITLED TO A DEFERRED RETIREMENT BENEFIT.
4295	4298		a. General Rule. Subject to the limitations stated in
4296	4299		paragraph b., in the event that a vested member ceases to be
4297	4300		an employee of the county for reasons other than retirement,
4298	4301		death, or disability when he or she is eligible for a deferred
4299	4302		retirement benefit, but has not elected a deferred retirement
4300	4303		benefit, such member, upon written or electronic application
4301	4304		therefore to the pension board, shall be paid the full amount
4302	4305		of his or her employee contributions, with interest. The
4303	4306		provisions of Section 45-37-123.100(c)(1)b. shall govern the
4304	4307		withdrawal of employee contributions for any member who has
4305	4308		elected a deferred retirement benefit, but has not yet been
4306	4309		paid.
4307	4310		b. Rules and Regulations. The pension board shall
4308	4311		establish rules and regulations setting forth the amount of
4309	4312		interest payable to members under this subdivision. In
4310		-	establishing such rules and regulations, the pension board
4311		-	shall take into consideration the interest the system has
4312		-	earned on the employee contributions paid into to the trust
4313		-	fund system on account of the member withdrawing such employee
4314		-	contributions. The pension board may amend such rules and
4315		-	2060
4316	4313		2061
4317	4314		2062
4318	4315		2063
4319	4316		2064
4320	4317		2065
4321	4318		2066
4322	4319		2067
4323	4320		2068
4324	4321		2069
4325	4322		2070
4326	4323		2071
4327	4324		2072
4328	4325		2073
4329	4326		2074
4330	4327		2075
4331	4328		2076
4332	4329		2077
4333	4330		2078
4334	4331		2079
4335	4332		2080
4336	4333		2081
4337	4334		2082
4338	4335		2083
4339	4336		2084
4340	4337		2085
4341	4338		2086
4342		-	2087 HB190 Enrolled
	4339	+	2087
	4340	+	2088 HB190 Engrossed
4343	4341		Page 76
	4342	+	interest payable to members under this subdivision. In
	4343	+	establishing such rules and regulations, the pension board
	4344	+	shall take into consideration the interest the system has
	4345	+	earned on the employee contributions paid into to the trust
	4346	+	fund system on account of the member withdrawing such employee
4344	4347		contributions. The pension board may amend such rules and
4345	4348		regulations at any time in its sole discretion.
4346	4349		(3) PARTIAL REFUND OF EMPLOYEE CONTRIBUTIONS AND
4347	4350		CESSATION OF EMPLOYEE CONTRIBUTIONS AND EMPLOYER
4348	4351		CONTRIBUTIONS. When a member attains 30 years of paid
4349	4352		membership time, the member may elect to terminate his or her
4350	4353		employee contributions by filing with the pension board a
4351	4354		statement signed by the member stating that he or she elects
4352	4355		to terminate his or her employee contributions; in such case,
4353	4356		the employer contribution to the trust fund system on the
4354	4357		member's behalf shall cease. As soon as practicable after a
4355	4358		member files such statement, the pension board shall refund to
4356	4359		him or her all employee contributions, without interest, made
4357	4360		by him or her to the trust fund system subsequent to the date
4358	4361		on which the member accumulated sufficient service to entitle
4359	4362		him or her to the maximum benefit that can be provided under
4360	4363		the plan terminate his or her employee contributions ;
4361	4364		additionally the pension board shall refund to the county any
4362	4365		associated employer contributions, without interest.
4363	4366		(4) REFUNDS UPON DEATH OF A MEMBER.
4364	4367		a. Refund of Employee Contributions for Deceased,
4365	4368		Nonvested Active Members Not Entitled to Deferred Retirement
4366	4369		Benefits. If a nonvested active member dies, then an amount
4367	4370		equal to the total amount of such member's employee
4368		-	contributions, without interest, may be refunded to the
4369		-	member's designated beneficiary in lump sum form.
4370		-	b. Refund of Employee Contributions for Deceased,
4371		-	Vested Members Entitled to Deferred Retirement Benefits, but
4372		-	No Payments Have Commenced.
4373		-	2088
4374	4371		2089
4375	4372		2090
4376	4373		2091
4377	4374		2092
4378	4375		2093
4379	4376		2094
4380	4377		2095
4381	4378		2096
4382	4379		2097
4383	4380		2098
4384	4381		2099
4385	4382		2100
4386	4383		2101
4387	4384		2102
4388	4385		2103
4389	4386		2104
4390	4387		2105
4391	4388		2106
4392	4389		2107
4393	4390		2108
4394	4391		2109
4395	4392		2110
4396	4393		2111
4397	4394		2112
4398	4395		2113
4399	4396		2114
4400		-	2115 HB190 Enrolled
	4397	+	2115
	4398	+	2116 HB190 Engrossed
4401	4399		Page 77
	4400	+	equal to the total amount of such member's employee
	4401	+	contributions, without interest, may be refunded to the
	4402	+	member's designated beneficiary in lump sum form.
	4403	+	b. Refund of Employee Contributions for Deceased,
	4404	+	Vested Members Entitled to Deferred Retirement Benefits, but
4402	4405		No Payments Have Commenced.
4403	4406		1. Eligibility. Unless an election has been made in
4404	4407		accordance with Section 45-37-123.103 to receive a
4405	4408		preretirement joint survivorship pension, if a vested member
4406	4409		dies, before payments have commenced, then an amount equal to
4407	4410		the total amount of such member's employee contributions, with
4408	4411		interest, shall be refunded to the member's designated
4409	4412		beneficiary in lump sum form. This rule shall apply regardless
4410	4413		of whether the member dies while active, or after a deferred
4411	4414		retirement election has been made, so long as payments have
4412	4415		not commenced.
4413	4416		2. Rules and regulations. The pension board is
4414	4417		authorized to adopt interest rules and regulations providing
4415	4418		for the pension board to pay to a designated beneficiary
4416	4419		interest at the rate prescribed in such rules on the member's
4417	4420		employee contributions that are to be refunded to the
4418	4421		designated beneficiary. The interest rules and regulations
4419	4422		established shall prescribe the terms and conditions on which
4420	4423		such interest shall be payable and may impose such limitations
4421	4424		on the payment of interest as the pension board deems
4422	4425		appropriate.
4423	4426		c. Refund of Employee Contributions for Deceased
4424	4427		Members Who Previously Elected a Postretirement Joint
4425	4428		Survivorship Pension.
4426		-	1. Eligibility - Retired member. Subject to items (i)
4427		-	to (iii), inclusive, of subparagraph 2., if a retired member
4428		-	dies after a postretirement joint survivorship pension has
4429		-	been elected, then a refund may be paid in lump sum form only
4430		-	as set forth in subparagraph 2.
4431		-	2116
4432	4429		2117
4433	4430		2118
4434	4431		2119
4435	4432		2120
4436	4433		2121
4437	4434		2122
4438	4435		2123
4439	4436		2124
4440	4437		2125
4441	4438		2126
4442	4439		2127
4443	4440		2128
4444	4441		2129
4445	4442		2130
4446	4443		2131
4447	4444		2132
4448	4445		2133
4449	4446		2134
4450	4447		2135
4451	4448		2136
4452	4449		2137
4453	4450		2138
4454	4451		2139
4455	4452		2140
4456	4453		2141
4457	4454		2142
4458		-	2143 HB190 Enrolled
	4455	+	2143
	4456	+	2144 HB190 Engrossed
4459	4457		Page 78
	4458	+	Survivorship Pension.
	4459	+	1. Eligibility - Retired member. Subject to items (i)
	4460	+	to (iii), inclusive, of subparagraph 2., if a retired member
	4461	+	dies after a postretirement joint survivorship pension has
	4462	+	been elected, then a refund may be paid in lump sum form only
4460	4463		as set forth in subparagraph 2.
4461	4464		2. Rules and regulations. The pension board is
4462	4465		authorized to adopt rules and regulations providing for the
4463	4466		pension board to refund a member's employee contributions
4464	4467		after such member dies with a postretirement joint
4465	4468		survivorship pension election in place and to pay interest on
4466	4469		any such refund, subject to the conditions and limitations
4467	4470		stated below:
4468	4471		(i) Such postretirement joint survivorship pension
4469	4472		election shall not be repealed or rescinded but shall be in
4470	4473		effect at the time of the refund, and the member shall have
4471	4474		enough service at the time of his or her death to be entitled
4472	4475		to a deferred retirement benefit if a refund were not made;
4473	4476		and
4474	4477		(ii) Both the member and the member's designated
4475	4478		primary beneficiary shall be deceased, thus, no refund is
4476	4479		payable in the event that only the member dies while receiving
4477	4480		payment of a postretirement joint survivorship pension; and
4478	4481		(iii) The member's employee contributions shall exceed
4479	4482		the sum of all monthly retirement pension benefits the plan
4480	4483		has paid to the member and/or or the member's designated
4481	4484		beneficiary, or both.
4482	4485		3. Amount of refund. If each of the requirements in
4483	4486		subparagraph 1. and subparagraph 2. are met, and the pension
4484		-	board has adopted rules and regulations in accordance with
4485		-	subparagraph 2., then the amount of the refund shall be equal
4486		-	to the amount by which the member's employee contributions
4487		-	exceed the sum of all monthly retirement pension benefits the
4488		-	plan has paid to such member and/or such or the member's
4489		-	2144
4490	4487		2145
4491	4488		2146
4492	4489		2147
4493	4490		2148
4494	4491		2149
4495	4492		2150
4496	4493		2151
4497	4494		2152
4498	4495		2153
4499	4496		2154
4500	4497		2155
4501	4498		2156
4502	4499		2157
4503	4500		2158
4504	4501		2159
4505	4502		2160
4506	4503		2161
4507	4504		2162
4508	4505		2163
4509	4506		2164
4510	4507		2165
4511	4508		2166
4512	4509		2167
4513	4510		2168
4514	4511		2169
4515	4512		2170
4516		-	2171 HB190 Enrolled
	4513	+	2171
	4514	+	2172 HB190 Engrossed
4517	4515		Page 79
	4516	+	subparagraph 1. and subparagraph 2. are met, and the pension
	4517	+	board has adopted rules and regulations in accordance with
	4518	+	subparagraph 2., then the amount of the refund shall be equal
	4519	+	to the amount by which the member's employee contributions
	4520	+	exceed the sum of all monthly retirement pension benefits the
4518	4521		plan has paid to such member and/or such or the member's
4519	4522		designated beneficiary, or both, with interest as provided by
4520	4523		rules and regulations adopted by the pension board.
4521	4524		4. Payment made to designated contingent beneficiary. A
4522	4525		refund pursuant to this paragraph shall be paid to the
4523	4526		member's designated contingent beneficiary, or, to the
4524	4527		member's estate if the designated contingent beneficiary also
4525	4528		is deceased or there is no other properly designated
4526	4529		contingent beneficiary. If there is no estate, a refund
4527	4530		pursuant to this paragraph may be interpleaded into a court of
4528	4531		competent jurisdiction.
4529	4532		5. Death while active member. In the event that an
4530	4533		active member dies after a postretirement joint survivorship
4531	4534		pension has been elected, such election shall be deemed void
4532	4535		and the provisions of Section 45-37-123.103(a), preretirement
4533	4536		death benefits, shall apply.
4534	4537		d. Refund of Employee Contributions for Deceased
4535	4538		Members Who Were Receiving Superannuation, Early, Disability,
4536	4539		or Deferred Retirement Benefit Payments. In the event that a
4537	4540		member dies while receiving a superannuation retirement
4538	4541		benefit, an early retirement benefit, a disability retirement
4539	4542		benefit, or a deferred retirement benefit, then his or her
4540	4543		designated beneficiary shall be entitled to receive a refund
4541	4544		in an amount equal to the amount by which the member's
4542		-	employee contributions exceed the sum of all monthly
4543		-	retirement pension or disability benefits the plan has paid to
4544		-	such member, with interest.
4545		-	e. Proof of Death and Marriage. The pension board may
4546		-	require proper proof of death or marriage in accordance with
4547		-	2172
4548	4545		2173
4549	4546		2174
4550	4547		2175
4551	4548		2176
4552	4549		2177
4553	4550		2178
4554	4551		2179
4555	4552		2180
4556	4553		2181
4557	4554		2182
4558	4555		2183
4559	4556		2184
4560	4557		2185
4561	4558		2186
4562	4559		2187
4563	4560		2188
4564	4561		2189
4565	4562		2190
4566	4563		2191
4567	4564		2192
4568	4565		2193
4569	4566		2194
4570	4567		2195
4571	4568		2196
4572	4569		2197
4573	4570		2198
4574		-	2199 HB190 Enrolled
	4571	+	2199
	4572	+	2200 HB190 Engrossed
4575	4573		Page 80
	4574	+	in an amount equal to the amount by which the member's
	4575	+	employee contributions exceed the sum of all monthly
	4576	+	retirement pension or disability benefits the plan has paid to
	4577	+	such member, with interest.
	4578	+	e. Proof of Death and Marriage. The pension board may
4576	4579		require proper proof of death or marriage in accordance with
4577	4580		Section 45-37-123.103(f).
4578	4581		(5) EMPLOYER CONTRIBUTIONS REMAIN IN TRUST FUND.
4579	4582		Employer contributions are never refunded to the member or the
4580	4583		member's designated beneficiary. All associated employer
4581	4584		contributions shall remain in the trust fund, except such
4582	4585		employer contributions that are returned to the county
4583	4586		pursuant to subdivision (7).
4584	4587		(6) CESSATION OF EMPLOYMENT. Unless otherwise
4585	4588		specifically provided in the plan, such as, pursuant to
4586	4589		subdivision (7), a member shall cease to be an employee of the
4587	4590		county in order to receive a refund of employee contributions.
4588	4591		(7) REFUNDS TO CORRECT ERRORS. The pension board, in
4589	4592		its sole discretion, may refund employee contributions and
4590	4593		associated employer contributions to the county to correct
4591	4594		various errors, such as, inclusion in the plan of an
4592	4595		ineligible individual or overpayment of employee
4593	4596		contributions, in accordance with Section 45-37-123.23(b).
4594	4597		(8) NO REFUNDS FOR QUALIFIED MILITARY SERVICE. There
4595	4598		shall be no refund of any contributions attributable to
4596	4599		amounts that the county restores pursuant to Section
4597	4600		45-37-123.80(b) due to a member's qualified military service.
4598	4601		(9) TIMING OF REFUND PAYMENTS. In the event that a
4599	4602		refund is to be paid, such payment shall be made as soon as
4600		-	administratively practical following the date upon which
4601		-	entitlement to the refund occurs.
4602		-	(10) REFUND TO INCLUDE AMOUNTS TRANSFERRED FROM 457(b)
4603		-	PLAN. In the event that any member transfers amounts from a §
4604		-	457(b), Internal Revenue Code, plan in accordance with Section
4605		-	2200
4606	4603		2201
4607	4604		2202
4608	4605		2203
4609	4606		2204
4610	4607		2205
4611	4608		2206
4612	4609		2207
4613	4610		2208
4614	4611		2209
4615	4612		2210
4616	4613		2211
4617	4614		2212
4618	4615		2213
4619	4616		2214
4620	4617		2215
4621	4618		2216
4622	4619		2217
4623	4620		2218
4624	4621		2219
4625	4622		2220
4626	4623		2221
4627	4624		2222
4628	4625		2223
4629	4626		2224
4630	4627		2225
4631	4628		2226
4632		-	2227 HB190 Enrolled
	4629	+	2227
	4630	+	2228 HB190 Engrossed
4633	4631		Page 81
	4632	+	refund is to be paid, such payment shall be made as soon as
	4633	+	administratively practical following the date upon which
	4634	+	entitlement to the refund occurs.
	4635	+	(10) REFUND TO INCLUDE AMOUNTS TRANSFERRED FROM 457(b)
	4636	+	PLAN. In the event that any member transfers amounts from a §
4634	4637		457(b), Internal Revenue Code, plan in accordance with Section
4635	4638		45-37-123.190(b), a refund shall include such transferred
4636	4639		amounts, with interest if the member is vested."
4637	4640		"§45-37-123.106
4638	4641		(a) General rules.
4639	4642		(1) EFFECTIVE DATE. Except as otherwise provided
4640	4643		herein, the provisions of this section shall apply for
4641	4644		purposes of determining required minimum distributions for
4642	4645		calendar years beginning on and after January 1, 1987.
4643	4646		(2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED.
4644	4647		All distributions required under this section shall be
4645	4648		determined and made in accordance with § 401(a)(9), Internal
4646	4649		Revenue Code, including the incidental death benefit
4647	4650		requirement in § 401(a)(9)(G), and the regulations thereunder.
4648	4651		(3) PRECEDENCE. Subject to the joint and survivor
4649	4652		annuity requirements of the plan, the requirements of this
4650	4653		section shall take precedence over any inconsistent provisions
4651	4654		of the plan.
4652	4655		(b) Time and manner of distribution.
4653	4656		(1) REQUIRED BEGINNING DATE. The member's entire
4654	4657		interest shall be distributed, or begin to be distributed, to
4655	4658		the member no later than the member's required beginning date.
4656	4659		(2) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN. If the
4657	4660		member dies before distributions begin, the member's entire
4658		-	interest shall be distributed, or begin to be distributed, no
4659		-	later than as follows:
4660		-	a. Life Expectancy Rule, Spouse is Designated
4661		-	Beneficiary. At the election of the member or, if no election
4662		-	is made by the member, then at the election of the member's
4663		-	2228
4664	4661		2229
4665	4662		2230
4666	4663		2231
4667	4664		2232
4668	4665		2233
4669	4666		2234
4670	4667		2235
4671	4668		2236
4672	4669		2237
4673	4670		2238
4674	4671		2239
4675	4672		2240
4676	4673		2241
4677	4674		2242
4678	4675		2243
4679	4676		2244
4680	4677		2245
4681	4678		2246
4682	4679		2247
4683	4680		2248
4684	4681		2249
4685	4682		2250
4686	4683		2251
4687	4684		2252
4688	4685		2253
4689	4686		2254
4690		-	2255 HB190 Enrolled
	4687	+	2255
	4688	+	2256 HB190 Engrossed
4691	4689		Page 82
	4690	+	member dies before distributions begin, the member's entire
	4691	+	interest shall be distributed, or begin to be distributed, no
	4692	+	later than as follows:
	4693	+	a. Life Expectancy Rule, Spouse is Designated
	4694	+	Beneficiary. At the election of the member or, if no election
4692	4695		is made by the member, then at the election of the member's
4693	4696		designated beneficiary, if the member's surviving spouse is
4694	4697		the member's sole designated beneficiary, then distributions
4695	4698		to the surviving spouse shall begin by December 31st of the
4696	4699		calendar year immediately following the calendar year in which
4697	4700		the member died, or by December 31st of the calendar year in
4698	4701		which the member would have attained age 72 73, for those
4699	4702		members who would have attained age 72 after December 31,
4700	4703		2022, and age 73 before January 1, 2033; or age 75, for those
4701	4704		members who would have attained age 73 after December 31,
4702	4705		2032, if later.
4703	4706		b. Life Expectancy Rule, Spouse is Not Designated
4704	4707		Beneficiary. At the election of the member or, if no election
4705	4708		is made by the member, then at the election of the member's
4706	4709		designated beneficiary, if the member's surviving spouse is
4707	4710		not the member's sole designated beneficiary, then
4708	4711		distributions to the designated beneficiary shall begin by
4709	4712		December 31st of the calendar year immediately following the
4710	4713		calendar year in which the member died.
4711	4714		c. Five-Year Rule.
4712	4715		1. At the election of the member or, if no election is
4713	4716		made by the member, then at the election of the member's
4714	4717		designated beneficiary, if the member dies before
4715	4718		distributions begin and there is a designated beneficiary,
4716		-	then the member's entire interest shall be distributed to the
4717		-	designated beneficiary by December 31st of the calendar year
4718		-	containing the fifth anniversary of the member's death. If the
4719		-	member's surviving spouse is the member's sole designated
4720		-	beneficiary and the surviving spouse dies after the member but
4721		-	2256
4722	4719		2257
4723	4720		2258
4724	4721		2259
4725	4722		2260
4726	4723		2261
4727	4724		2262
4728	4725		2263
4729	4726		2264
4730	4727		2265
4731	4728		2266
4732	4729		2267
4733	4730		2268
4734	4731		2269
4735	4732		2270
4736	4733		2271
4737	4734		2272
4738	4735		2273
4739	4736		2274
4740	4737		2275
4741	4738		2276
4742	4739		2277
4743	4740		2278
4744	4741		2279
4745	4742		2280
4746	4743		2281
4747	4744		2282
4748		-	2283 HB190 Enrolled
	4745	+	2283
	4746	+	2284 HB190 Engrossed
4749	4747		Page 83
	4748	+	distributions begin and there is a designated beneficiary,
	4749	+	then the member's entire interest shall be distributed to the
	4750	+	designated beneficiary by December 31st of the calendar year
	4751	+	containing the fifth anniversary of the member's death. If the
	4752	+	member's surviving spouse is the member's sole designated
4750	4753		beneficiary and the surviving spouse dies after the member but
4751	4754		before distributions to either the member or the surviving
4752	4755		spouse begin, then this paragraph shall apply as if the
4753	4756		surviving spouse were the member. This paragraph shall apply
4754	4757		to all distributions.
4755	4758		2. Members or designated beneficiaries may elect on an
4756	4759		individual basis whether the 5-year five-year rule in this
4757	4760		paragraph or the life expectancy rule in paragraph a. or
4758	4761		paragraph b., and subsection (e) applies to distributions
4759	4762		after the death of a member who has a designated beneficiary.
4760	4763		The election shall be made no later than the earlier of
4761	4764		September 30th of the calendar year in which distribution
4762	4765		would be required to begin under paragraph a. or paragraph b.,
4763	4766		or by September 30th of the calendar year which contains the
4764	4767		fifth anniversary of the member's, or, if applicable,
4765	4768		surviving spouse's, death under this paragraph. If neither the
4766	4769		member nor designated beneficiary makes an election under this
4767	4770		subparagraph, distributions shall be made in accordance with
4768	4771		paragraph a. or paragraph b., and subsection (e).
4769	4772		d. No Designated Beneficiary, Five-Year Rule. If there
4770	4773		is no designated beneficiary as of September 30th of the year
4771	4774		following the year of the member's death, the member's entire
4772	4775		interest shall be distributed by December 31st of the calendar
4773	4776		year containing the fifth anniversary of the member's death.
4774		-	e. Surviving Spouse Dies Before Distributions Begin.
4775		-	1. If the member's surviving spouse is the member's
4776		-	sole designated beneficiary and the surviving spouse dies
4777		-	after the member but before distributions to the surviving
4778		-	spouse begin, then this subsection, other than paragraph a.,
4779		-	2284
4780	4777		2285
4781	4778		2286
4782	4779		2287
4783	4780		2288
4784	4781		2289
4785	4782		2290
4786	4783		2291
4787	4784		2292
4788	4785		2293
4789	4786		2294
4790	4787		2295
4791	4788		2296
4792	4789		2297
4793	4790		2298
4794	4791		2299
4795	4792		2300
4796	4793		2301
4797	4794		2302
4798	4795		2303
4799	4796		2304
4800	4797		2305
4801	4798		2306
4802	4799		2307
4803	4800		2308
4804	4801		2309
4805	4802		2310
4806		-	2311 HB190 Enrolled
	4803	+	2311
	4804	+	2312 HB190 Engrossed
4807	4805		Page 84
	4806	+	year containing the fifth anniversary of the member's death.
	4807	+	e. Surviving Spouse Dies Before Distributions Begin.
	4808	+	1. If the member's surviving spouse is the member's
	4809	+	sole designated beneficiary and the surviving spouse dies
	4810	+	after the member but before distributions to the surviving
4808	4811		spouse begin, then this subsection, other than paragraph a.,
4809	4812		shall apply as if the surviving spouse were the member.
4810	4813		2. For purposes of this subsection and subsection (e),
4811	4814		distributions are considered to begin on the member's required
4812	4815		beginning date, or, if this paragraph applies, the date
4813	4816		distributions are required to begin to the surviving spouse
4814	4817		under paragraph a. If annuity payments irrevocably commence to
4815	4818		the member before the member's required beginning date, or to
4816	4819		the member's surviving spouse before the date distributions
4817	4820		are required to begin to the surviving spouse under paragraph
4818	4821		a., the date distributions are considered to begin is the date
4819	4822		distributions actually commence.
4820	4823		(3) FORM OF DISTRIBUTION. Unless the member's interest
4821	4824		is distributed in the form of an annuity purchased from an
4822	4825		insurance company or in a single sum on or before the required
4823	4826		beginning date, as of the first distribution calendar year
4824	4827		distributions shall be made in accordance with subsections
4825	4828		(c), (d), and (e). If the member's interest is distributed in
4826	4829		the form of an annuity purchased from an insurance company,
4827	4830		distributions thereunder shall be made in accordance with the
4828	4831		requirements of § 401(a)(9), Internal Revenue Code, and the
4829	4832		regulations thereunder. Any part of the member's interest
4830	4833		which is in the form of an individual account described in §
4831	4834		414(k), Internal Revenue Code, shall be distributed in a
4832		-	manner satisfying the requirements of § 401(a)(9) and the
4833		-	regulations thereunder applicable to individual accounts.
4834		-	(c) Determination of amount to be distributed each
4835		-	year.
4836		-	(1) GENERAL ANNUITY REQUIREMENTS. A member who is
4837		-	2312
4838	4835		2313
4839	4836		2314
4840	4837		2315
4841	4838		2316
4842	4839		2317
4843	4840		2318
4844	4841		2319
4845	4842		2320
4846	4843		2321
4847	4844		2322
4848	4845		2323
4849	4846		2324
4850	4847		2325
4851	4848		2326
4852	4849		2327
4853	4850		2328
4854	4851		2329
4855	4852		2330
4856	4853		2331
4857	4854		2332
4858	4855		2333
4859	4856		2334
4860	4857		2335
4861	4858		2336
4862	4859		2337
4863	4860		2338
4864		-	2339 HB190 Enrolled
	4861	+	2339
	4862	+	2340 HB190 Engrossed
4865	4863		Page 85
	4864	+	414(k), Internal Revenue Code, shall be distributed in a
	4865	+	manner satisfying the requirements of § 401(a)(9) and the
	4866	+	regulations thereunder applicable to individual accounts.
	4867	+	(c) Determination of amount to be distributed each
	4868	+	year.
4866	4869		(1) GENERAL ANNUITY REQUIREMENTS. A member who is
4867	4870		required to begin payments as a result of attaining his or her
4868	4871		required beginning date, whose interest has not been
4869	4872		distributed in the form of an annuity purchased from an
4870	4873		insurance company or in a single sum before such date, may
4871	4874		receive payments in the form of annuity payments under the
4872	4875		plan. Payments under such annuity shall satisfy the following
4873	4876		requirements:
4874	4877		a. The annuity distributions shall be paid in periodic
4875	4878		payments made at intervals not longer than one year.
4876	4879		b. The distribution period shall be over a life, or
4877	4880		lives, or over a period certain not longer than the period
4878	4881		described in subsection (d) or subsection (e).
4879	4882		c. Once payments have begun over a period certain, the
4880	4883		period certain shall not be changed even if the period certain
4881	4884		is shorter than the maximum permitted.
4882	4885		d. Payments shall either be nonincreasing or increase
4883	4886		only to the extent permitted by one of the following
4884	4887		conditions:
4885	4888		1. By an annual percentage increase that does not
4886	4889		exceed the annual percentage increase in a cost-of-living
4887	4890		index that for a 12-month period ending in the year during
4888	4891		which the increase occurs or the prior year.
4889	4892		2. By a percentage increase that occurs at specified
4890		-	times, such as, at specified ages, and does not exceed the
4891		-	cumulative total of annual percentage increases in an eligible
4892		-	cost-of-living index since the annuity starting date, or if
4893		-	later, the date of the most recent percentage increase. In
4894		-	cases providing a cumulative increase, an actuarial increase
4895		-	2340
4896	4893		2341
4897	4894		2342
4898	4895		2343
4899	4896		2344
4900	4897		2345
4901	4898		2346
4902	4899		2347
4903	4900		2348
4904	4901		2349
4905	4902		2350
4906	4903		2351
4907	4904		2352
4908	4905		2353
4909	4906		2354
4910	4907		2355
4911	4908		2356
4912	4909		2357
4913	4910		2358
4914	4911		2359
4915	4912		2360
4916	4913		2361
4917	4914		2362
4918	4915		2363
4919	4916		2364
4920	4917		2365
4921	4918		2366
4922		-	2367 HB190 Enrolled
	4919	+	2367
	4920	+	2368 HB190 Engrossed
4923	4921		Page 86
	4922	+	2. By a percentage increase that occurs at specified
	4923	+	times, such as, at specified ages, and does not exceed the
	4924	+	cumulative total of annual percentage increases in an eligible
	4925	+	cost-of-living index since the annuity starting date, or if
	4926	+	later, the date of the most recent percentage increase. In
4924	4927		cases providing a cumulative increase, an actuarial increase
4925	4928		may not be provided to reflect the fact that increases were
4926	4929		not provided in the interim years.
4927	4930		3. To the extent of the reduction in the amount of the
4928	4931		member's payments to provide for a survivor benefit upon
4929	4932		death, but only if the beneficiary whose life was being used
4930	4933		to determine the distribution period described in subsection
4931	4934		(d) dies or is no longer the member's designated beneficiary
4932	4935		pursuant to a qualified domestic relations order within the
4933	4936		meaning of § 414(p), Internal Revenue Code.
4934	4937		4. To allow a designated beneficiary to convert the
4935	4938		survivor portion of a joint and survivor annuity into a single
4936	4939		sum distribution upon the member's death.
4937	4940		5. To pay increased benefits that result from a plan
4938	4941		amendment or other increase in the member's accrued benefit
4939	4942		under the plan.
4940	4943		6. By a constant percentage, applied not less
4941	4944		frequently than annually, at a rate that is less than five
4942	4945		percent per year.
4943	4946		7. To provide a final payment upon the death of the
4944	4947		member that does not exceed the excess of the actuarial
4945	4948		present value of the member's accrued benefit, within the
4946	4949		meaning of § 411(a)(7), Internal Revenue Code, calculated as
4947	4950		of the annuity starting date using the applicable interest
4948		-	rate and the applicable mortality table under § 417(e),
4949		-	Internal Revenue Code, or, if greater, the total amount of
4950		-	employee contributions, over the total of payments before the
4951		-	death of the member.
4952		-	8. As a result of dividend or other payments that
4953		-	2368
4954	4951		2369
4955	4952		2370
4956	4953		2371
4957	4954		2372
4958	4955		2373
4959	4956		2374
4960	4957		2375
4961	4958		2376
4962	4959		2377
4963	4960		2378
4964	4961		2379
4965	4962		2380
4966	4963		2381
4967	4964		2382
4968	4965		2383
4969	4966		2384
4970	4967		2385
4971	4968		2386
4972	4969		2387
4973	4970		2388
4974	4971		2389
4975	4972		2390
4976	4973		2391
4977	4974		2392
4978	4975		2393
4979	4976		2394
4980		-	2395 HB190 Enrolled
	4977	+	2395
	4978	+	2396 HB190 Engrossed
4981	4979		Page 87
	4980	+	of the annuity starting date using the applicable interest
	4981	+	rate and the applicable mortality table under § 417(e),
	4982	+	Internal Revenue Code, or, if greater, the total amount of
	4983	+	employee contributions, over the total of payments before the
	4984	+	death of the member.
4982	4985		8. As a result of dividend or other payments that
4983	4986		result from actuarial gains, provided:
4984	4987		(i) Actuarial gain is measured not less frequently than
4985	4988		annually;
4986	4989		(ii) The resulting dividend or other payments are
4987	4990		either paid no later than the year following the year for
4988	4991		which the actuarial experience is measured or paid in the same
4989	4992		form as the payment of the annuity over the remaining period
4990	4993		of the annuity, beginning no later than the year following the
4991	4994		year for which the actuarial experience is measured;
4992	4995		(iii) The actuarial gain taken into account is limited
4993	4996		to actuarial gain from investment experience;
4994	4997		(iv) The assumed interest rate used to calculate such
4995	4998		actuarial gains is not less than three percent; and
4996	4999		(v) The annuity payments are not also being increased
4997	5000		by a constant percentage as described in subparagraph 6.
4998	5001		(2) AMOUNT REQUIRED TO BE DISTRIBUTED BY REQUIRED
4999	5002		BEGINNING DATE.
5000	5003		a. In the case of a member whose interest in the plan
5001	5004		is being distributed as an annuity pursuant to subdivision
5002	5005		(1), the amount that shall be distributed on or before the
5003	5006		member's required beginning date, or, if the member dies
5004	5007		before distributions begin, the date distributions are
5005	5008		required to begin under paragraph a. or b. of subdivision (2)
5006		-	of subsection (b), is the payment that is required for one
5007		-	payment interval.
5008		-	The second payment need not be made until the end of
5009		-	the next payment interval even if that payment interval ends
5010		-	in the next calendar year.
5011		-	2396
5012	5009		2397
5013	5010		2398
5014	5011		2399
5015	5012		2400
5016	5013		2401
5017	5014		2402
5018	5015		2403
5019	5016		2404
5020	5017		2405
5021	5018		2406
5022	5019		2407
5023	5020		2408
5024	5021		2409
5025	5022		2410
5026	5023		2411
5027	5024		2412
5028	5025		2413
5029	5026		2414
5030	5027		2415
5031	5028		2416
5032	5029		2417
5033	5030		2418
5034	5031		2419
5035	5032		2420
5036	5033		2421
5037	5034		2422
5038		-	2423 HB190 Enrolled
	5035	+	2423
	5036	+	2424 HB190 Engrossed
5039	5037		Page 88
	5038	+	required to begin under paragraph a. or b. of subdivision (2)
	5039	+	of subsection (b), is the payment that is required for one
	5040	+	payment interval.
	5041	+	The second payment need not be made until the end of
	5042	+	the next payment interval even if that payment interval ends
5040	5043		in the next calendar year.
5041	5044		Payment intervals are the periods for which payments
5042	5045		are received, such as, bimonthly, monthly, semi-annually, or
5043	5046		annually. All of the member's benefit accruals as of the last
5044	5047		day of the first distribution calendar year shall be included
5045	5048		in the calculation of the amount of the annuity payments for
5046	5049		payment intervals ending on or after the member's required
5047	5050		beginning date.
5048	5051		b. In the case of a single sum distribution of a
5049	5052		member's entire accrued benefit during a distribution calendar
5050	5053		year, the amount that is the required minimum distribution for
5051	5054		the distribution calendar year, and thus not eligible for
5052	5055		rollover under § 402(c), Internal Revenue Code, is determined
5053	5056		under this paragraph. The portion of the single sum
5054	5057		distribution that is a required minimum distribution is
5055	5058		determined by treating the single sum distribution as a
5056	5059		distribution from an individual account plan and treating the
5057	5060		amount of the single sum distribution as the member's account
5058	5061		balance as of the end of the relevant valuation calendar year.
5059	5062		If the single sum distribution is being made in the calendar
5060	5063		year containing the required beginning date and the required
5061	5064		minimum distribution for the member's first distribution
5062	5065		calendar year has not been distributed, the portion of the
5063	5066		single sum distribution that represents the required minimum
5064		-	distribution for the member's first and second distribution
5065		-	calendar year is not eligible for rollover.
5066		-	(3) ADDITIONAL ACCRUALS AFTER FIRST DISTRIBUTION
5067		-	CALENDAR YEAR. Any additional benefits accruing to the member
5068		-	in a calendar year after the first distribution calendar year
5069		-	2424
5070	5067		2425
5071	5068		2426
5072	5069		2427
5073	5070		2428
5074	5071		2429
5075	5072		2430
5076	5073		2431
5077	5074		2432
5078	5075		2433
5079	5076		2434
5080	5077		2435
5081	5078		2436
5082	5079		2437
5083	5080		2438
5084	5081		2439
5085	5082		2440
5086	5083		2441
5087	5084		2442
5088	5085		2443
5089	5086		2444
5090	5087		2445
5091	5088		2446
5092	5089		2447
5093	5090		2448
5094	5091		2449
5095	5092		2450
5096		-	2451 HB190 Enrolled
	5093	+	2451
	5094	+	2452 HB190 Engrossed
5097	5095		Page 89
	5096	+	single sum distribution that represents the required minimum
	5097	+	distribution for the member's first and second distribution
	5098	+	calendar year is not eligible for rollover.
	5099	+	(3) ADDITIONAL ACCRUALS AFTER FIRST DISTRIBUTION
	5100	+	CALENDAR YEAR. Any additional benefits accruing to the member
5098	5101		in a calendar year after the first distribution calendar year
5099	5102		shall be distributed beginning with the first payment interval
5100	5103		ending in the calendar year immediately following the calendar
5101	5104		year in which such amount accrues. Notwithstanding the
5102	5105		preceding, the plan shall not fail to satisfy the requirements
5103	5106		of this subdivision and § 401(a)(9), Internal Revenue Code,
5104	5107		merely because there is an administrative delay in the
5105	5108		commencement of the distribution of the additional benefits
5106	5109		accrued in a calendar year, provided that the actual payment
5107	5110		of such amount commences as soon as practicable. However,
5108	5111		payment shall commence no later than the end of the first
5109	5112		calendar year following the calendar year in which the
5110	5113		additional benefit accrues, and the total amount paid during
5111	5114		such first calendar year shall be no less than the total
5112	5115		amount that was required to be paid during that year under
5113	5116		this subdivision.
5114	5117		(4) DEATH OF MEMBER AFTER DISTRIBUTIONS BEGIN. If a
5115	5118		member dies after distribution of the member's interest begins
5116	5119		in the form of an annuity meeting the requirements of this
5117	5120		section, then the remaining portion of the member's interest
5118	5121		shall continue to be distributed over the remaining period
5119	5122		over which distributions commenced.
5120	5123		(d) Requirements for annuity distributions that
5121	5124		commence during member's lifetime.
5122		-	(1) JOINT LIFE ANNUITIES WHERE THE DESIGNATED
5123		-	BENEFICIARY IS THE MEMBER'S SPOUSE. If distributions commence
5124		-	under a distribution option that is in the form of a joint and
5125		-	survivor annuity for the joint lives of the member and the
5126		-	member's spouse, the minimum distribution incidental benefit
5127		-	2452
5128	5125		2453
5129	5126		2454
5130	5127		2455
5131	5128		2456
5132	5129		2457
5133	5130		2458
5134	5131		2459
5135	5132		2460
5136	5133		2461
5137	5134		2462
5138	5135		2463
5139	5136		2464
5140	5137		2465
5141	5138		2466
5142	5139		2467
5143	5140		2468
5144	5141		2469
5145	5142		2470
5146	5143		2471
5147	5144		2472
5148	5145		2473
5149	5146		2474
5150	5147		2475
5151	5148		2476
5152	5149		2477
5153	5150		2478
5154		-	2479 HB190 Enrolled
	5151	+	2479
	5152	+	2480 HB190 Engrossed
5155	5153		Page 90
	5154	+	commence during member's lifetime.
	5155	+	(1) JOINT LIFE ANNUITIES WHERE THE DESIGNATED
	5156	+	BENEFICIARY IS THE MEMBER'S SPOUSE. If distributions commence
	5157	+	under a distribution option that is in the form of a joint and
	5158	+	survivor annuity for the joint lives of the member and the
5156	5159		member's spouse, the minimum distribution incidental benefit
5157	5160		requirement shall not be satisfied as of the date
5158	5161		distributions commence unless, under the distribution option,
5159	5162		the periodic annuity payment payable to the survivor does not
5160	5163		at any time on and after the member's required beginning date
5161	5164		exceed the annuity payable to the member. In the case of an
5162	5165		annuity that provides for increasing payments, the requirement
5163	5166		of this subdivision shall not be violated merely because
5164	5167		benefit payments to the designated beneficiary increase,
5165	5168		provided the increase is determined in the same manner for the
5166	5169		member and the designated beneficiary. If the form of
5167	5170		distribution combines a joint and survivor annuity for the
5168	5171		joint lives of the member and the member's spouse and a period
5169	5172		certain annuity, the preceding requirements shall apply to
5170	5173		annuity payments to be made to the designated beneficiary
5171	5174		after the expiration of the period certain.
5172	5175		(2) JOINT LIFE ANNUITIES WHERE THE DESIGNATED
5173	5176		BENEFICIARY IS NOT THE MEMBER'S SPOUSE. If the member's
5174	5177		interest is being distributed in the form of a joint and
5175	5178		survivor annuity for the joint lives of the member and a
5176	5179		designated beneficiary other than the member's spouse, the
5177	5180		minimum distribution incidental benefit requirement shall not
5178	5181		be satisfied as of the date distributions commence unless
5179	5182		under the distribution option, the annuity payments to be made
5180		-	on and after the member's required beginning date shall
5181		-	satisfy the conditions of this subdivision. The periodic
5182		-	annuity payment payable to the survivor shall not at any time
5183		-	on and after the member's required beginning date exceed the
5184		-	applicable percentage of the annuity payment payable to the
5185		-	2480
5186	5183		2481
5187	5184		2482
5188	5185		2483
5189	5186		2484
5190	5187		2485
5191	5188		2486
5192	5189		2487
5193	5190		2488
5194	5191		2489
5195	5192		2490
5196	5193		2491
5197	5194		2492
5198	5195		2493
5199	5196		2494
5200	5197		2495
5201	5198		2496
5202	5199		2497
5203	5200		2498
5204	5201		2499
5205	5202		2500
5206	5203		2501
5207	5204		2502
5208	5205		2503
5209	5206		2504
5210	5207		2505
5211	5208		2506
5212		-	2507 HB190 Enrolled
	5209	+	2507
	5210	+	2508 HB190 Engrossed
5213	5211		Page 91
	5212	+	under the distribution option, the annuity payments to be made
	5213	+	on and after the member's required beginning date shall
	5214	+	satisfy the conditions of this subdivision. The periodic
	5215	+	annuity payment payable to the survivor shall not at any time
	5216	+	on and after the member's required beginning date exceed the
5214	5217		applicable percentage of the annuity payment payable to the
5215	5218		member using the table set forth in Treasury Regulation §
5216	5219		1.401(a)(9)-6, Q & A-2(c)(2). The applicable percentage is
5217	5220		based on the adjusted member/ designated beneficiary age
5218	5221		difference. The adjusted member/ designated beneficiary age
5219	5222		difference is determined by first calculating the excess of
5220	5223		the age of the member over the age of the designated
5221	5224		beneficiary based on their ages on their birthdays in a
5222	5225		calendar year. If the member is younger than age 70, the age
5223	5226		difference determined in the previous sentence is reduced by
5224	5227		the number of years that the member is younger than age 70 on
5225	5228		the member's birthday in the calendar year that contains the
5226	5229		annuity starting date. In the case of an annuity that provides
5227	5230		for increasing payments, the requirement of this subdivision
5228	5231		shall not be violated merely because benefit payments to the
5229	5232		designated beneficiary increase, provided the increase is
5230	5233		determined in the same manner for the member and the
5231	5234		designated beneficiary. If the form of distribution combines a
5232	5235		joint and survivor annuity for the joint lives of the member
5233	5236		and a nonspousenon-spouse designated beneficiary and a period
5234	5237		certain annuity, the preceding requirements shall apply to
5235	5238		annuity payments to be made to the designated beneficiary
5236	5239		after the expiration of the period certain.
5237	5240		(3) PERIOD CERTAIN ANNUITIES. Unless the member's
5238		-	spouse is the sole designated beneficiary and the form of
5239		-	distribution is a period certain and no life annuity, the
5240		-	period certain for an annuity distribution commencing during
5241		-	the member's lifetime may not exceed the applicable
5242		-	distribution period for the member under the Uniform Lifetime
5243		-	2508
5244	5241		2509
5245	5242		2510
5246	5243		2511
5247	5244		2512
5248	5245		2513
5249	5246		2514
5250	5247		2515
5251	5248		2516
5252	5249		2517
5253	5250		2518
5254	5251		2519
5255	5252		2520
5256	5253		2521
5257	5254		2522
5258	5255		2523
5259	5256		2524
5260	5257		2525
5261	5258		2526
5262	5259		2527
5263	5260		2528
5264	5261		2529
5265	5262		2530
5266	5263		2531
5267	5264		2532
5268	5265		2533
5269	5266		2534
5270		-	2535 HB190 Enrolled
	5267	+	2535
	5268	+	2536 HB190 Engrossed
5271	5269		Page 92
	5270	+	(3) PERIOD CERTAIN ANNUITIES. Unless the member's
	5271	+	spouse is the sole designated beneficiary and the form of
	5272	+	distribution is a period certain and no life annuity, the
	5273	+	period certain for an annuity distribution commencing during
	5274	+	the member's lifetime may not exceed the applicable
5272	5275		distribution period for the member under the Uniform Lifetime
5273	5276		Table set forth in Treasury Regulation § 1.401(a)(9)-9 for the
5274	5277		calendar year that contains the annuity starting date. If the
5275	5278		annuity starting date precedes the year in which the member
5276	5279		reaches age 70, the applicable distribution period for the
5277	5280		member is the distribution period for age 70 under the Uniform
5278	5281		Lifetime Table set forth in Treasury Regulation §
5279	5282		1.401(a)(9)-9 plus the excess of 70 over the age of the member
5280	5283		as of the member's birthday in the year that contains the
5281	5284		annuity starting date. If the member's spouse is the member's
5282	5285		sole designated beneficiary and the form of distribution is a
5283	5286		period certain and no life annuity, the period certain may not
5284	5287		exceed the longer of the member's applicable distribution
5285	5288		period, as determined under this subdivision, or the joint
5286	5289		life and last survivor expectancy of the member and the
5287	5290		member's spouse as determined under the Joint and Last
5288	5291		Survivor Table set forth in Treasury Regulation §
5289	5292		1.401(a)(9)-9, using the member's and spouse's attained ages
5290	5293		as of the member's and spouse's birthdays in the calendar year
5291	5294		that contains the annuity starting date.
5292	5295		(e) Requirements for minimum distributions where member
5293	5296		dies before date distributions begin.
5294	5297		(1) MEMBER SURVIVED BY DESIGNATED BENEFICIARY AND LIFE
5295	5298		EXPECTANCY RULE.
5296		-	At the election of the member or, if no election is
5297		-	made by the member, then at the election of the member's
5298		-	designated beneficiary, if the member dies before the date
5299		-	distribution of his or her interest begins and there is a
5300		-	designated beneficiary, the member's entire interest shall be
5301		-	2536
5302	5299		2537
5303	5300		2538
5304	5301		2539
5305	5302		2540
5306	5303		2541
5307	5304		2542
5308	5305		2543
5309	5306		2544
5310	5307		2545
5311	5308		2546
5312	5309		2547
5313	5310		2548
5314	5311		2549
5315	5312		2550
5316	5313		2551
5317	5314		2552
5318	5315		2553
5319	5316		2554
5320	5317		2555
5321	5318		2556
5322	5319		2557
5323	5320		2558
5324	5321		2559
5325	5322		2560
5326	5323		2561
5327	5324		2562
5328		-	2563 HB190 Enrolled
	5325	+	2563
	5326	+	2564 HB190 Engrossed
5329	5327		Page 93
	5328	+	EXPECTANCY RULE.
	5329	+	At the election of the member or, if no election is
	5330	+	made by the member, then at the election of the member's
	5331	+	designated beneficiary, if the member dies before the date
	5332	+	distribution of his or her interest begins and there is a
5330	5333		designated beneficiary, the member's entire interest shall be
5331	5334		distributed, beginning no later than the time described in
5332	5335		paragraph a. or b. of subdivision (2) of subsection (b), over
5333	5336		the life of the designated beneficiary or over a period
5334	5337		certain not exceeding:
5335	5338		a. Unless the annuity starting date is before the first
5336	5339		distribution calendar year, the life expectancy of the
5337	5340		designated beneficiary determined using the designated
5338	5341		beneficiary's age as of the designated beneficiary's birthday
5339	5342		in the calendar year immediately following the calendar year
5340	5343		of the member's death; or
5341	5344		b. If the annuity starting date is before the first
5342	5345		distribution calendar year, the life expectancy of the
5343	5346		designated beneficiary determined using the designated
5344	5347		beneficiary's age as of the designated beneficiary's birthday
5345	5348		in the calendar year that contains the annuity starting date.
5346	5349		(2) MEMBER SURVIVED BY DESIGNATED BENEFICIARY AND
5347	5350		FIVE-YEAR RULE. At the election of the member or, if no
5348	5351		election is made by the member, then at the election of the
5349	5352		member's designated beneficiary, if the member dies before
5350	5353		distributions begin and there is a designated beneficiary,
5351	5354		then the member's entire interest shall be distributed to the
5352	5355		designated beneficiary by December 31st of the calendar year
5353	5356		containing the fifth anniversary of the member's death. This
5354		-	subdivision shall apply to all distributions.
5355		-	(3) NO DESIGNATED BENEFICIARY. If the member dies
5356		-	before the date distributions begin and there is no designated
5357		-	beneficiary as of September 30th of the year following the
5358		-	year of the member's death, distribution of the member's
5359		-	2564
5360	5357		2565
5361	5358		2566
5362	5359		2567
5363	5360		2568
5364	5361		2569
5365	5362		2570
5366	5363		2571
5367	5364		2572
5368	5365		2573
5369	5366		2574
5370	5367		2575
5371	5368		2576
5372	5369		2577
5373	5370		2578
5374	5371		2579
5375	5372		2580
5376	5373		2581
5377	5374		2582
5378	5375		2583
5379	5376		2584
5380	5377		2585
5381	5378		2586
5382	5379		2587
5383	5380		2588
5384	5381		2589
5385	5382		2590
5386		-	2591 HB190 Enrolled
	5383	+	2591
	5384	+	2592 HB190 Engrossed
5387	5385		Page 94
	5386	+	containing the fifth anniversary of the member's death. This
	5387	+	subdivision shall apply to all distributions.
	5388	+	(3) NO DESIGNATED BENEFICIARY. If the member dies
	5389	+	before the date distributions begin and there is no designated
	5390	+	beneficiary as of September 30th of the year following the
5388	5391		year of the member's death, distribution of the member's
5389	5392		entire interest shall be completed by December 31st of the
5390	5393		calendar year containing the fifth anniversary of the member's
5391	5394		death.
5392	5395		(4) DEATH OF SURVIVING SPOUSE BEFORE DISTRIBUTIONS TO
5393	5396		SURVIVING SPOUSE BEGIN. If the member dies before the date
5394	5397		distribution of his or her interest begins, the member's
5395	5398		surviving spouse is the member's sole designated beneficiary,
5396	5399		and the surviving spouse dies before distributions to the
5397	5400		surviving spouse begin, this subsection shall apply as if the
5398	5401		surviving spouse were the member, except that the time by
5399	5402		which distributions shall begin shall be determined without
5400	5403		regard to paragraph a. of subdivision (2) of subsection (b).
5401	5404		(f) Definitions.
5402	5405		(1) ACTUARIAL GAIN. The difference between an amount
5403	5406		determined using the actuarial assumptions, such as,
5404	5407		investment return, mortality, expense, and other similar
5405	5408		assumptions, used to calculate the initial payments before
5406	5409		adjustment for any increases and the amount determined under
5407	5410		the actual experience with respect to those factors. Actuarial
5408	5411		gain also includes differences between the amount determined
5409	5412		using actuarial assumptions when an annuity was purchased or
5410	5413		commenced and such amount determined using actuarial
5411	5414		assumptions used in calculating payments at the time the
5412		-	actuarial gain is determined.
5413		-	(2) DESIGNATED BENEFICIARY. The individual who is
5414		-	designated as the beneficiary under Section 45-37-123.103 and
5415		-	is the designated beneficiary under § 401(a)(9), Internal
5416		-	Revenue Code, and Treasury Regulation § 1.401(a)(9)-1, Q & A-4
5417		-	2592
5418	5415		2593
5419	5416		2594
5420	5417		2595
5421	5418		2596
5422	5419		2597
5423	5420		2598
5424	5421		2599
5425	5422		2600
5426	5423		2601
5427	5424		2602
5428	5425		2603
5429	5426		2604
5430	5427		2605
5431	5428		2606
5432	5429		2607
5433	5430		2608
5434	5431		2609
5435	5432		2610
5436	5433		2611
5437	5434		2612
5438	5435		2613
5439	5436		2614
5440	5437		2615
5441	5438		2616
5442	5439		2617
5443	5440		2618
5444		-	2619 HB190 Enrolled
	5441	+	2619
	5442	+	2620 HB190 Engrossed
5445	5443		Page 95
	5444	+	assumptions used in calculating payments at the time the
	5445	+	actuarial gain is determined.
	5446	+	(2) DESIGNATED BENEFICIARY. The individual who is
	5447	+	designated as the beneficiary under Section 45-37-123.103 and
	5448	+	is the designated beneficiary under § 401(a)(9), Internal
5446	5449		Revenue Code, and Treasury Regulation § 1.401(a)(9)-1, Q & A-4
5447	5450		§ 1.401(a)(9)-4 and is designated as the beneficiary under
5448	5451		Section 45-37-123.103 to the extent not otherwise inconsistent
5449	5452		with the Internal Revenue Code or regulations thereunder .
5450	5453		(3) DISTRIBUTION CALENDAR YEAR. A calendar year for
5451	5454		which a minimum distribution is required. For distributions
5452	5455		beginning before the member's death, the first distribution
5453	5456		calendar year is the calendar year immediately preceding the
5454	5457		calendar year which contains the member's required beginning
5455	5458		date. For distributions beginning after the member's death,
5456	5459		the first distribution calendar year is the calendar year in
5457	5460		which distributions are required to begin pursuant to
5458	5461		subsection (b).
5459	5462		(4) ELIGIBLE COST-OF-LIVING INDEX. An index described
5460	5463		below:
5461	5464		a. A consumer price index that is based on prices of
5462	5465		all items, or all items excluding food and energy, and issued
5463	5466		by the Bureau of Labor Statistics, including an index for a
5464	5467		specific population, such as urban consumers or urban wage
5465	5468		earners and clerical workers, and an index for a geographic
5466	5469		area or areas, such as a given metropolitan area or state; or
5467	5470		b. A percentage adjustment based on a cost-of-living
5468	5471		index described in paragraph a., or a fixed percentage, if
5469	5472		less. In any year when the cost-of-living index is lower than
5470		-	the fixed percentage, the fixed percentage may be treated as
5471		-	an increase in an eligible cost-of-living index, provided it
5472		-	does not exceed the sum of:
5473		-	1. The cost-of-living index for that year; and
5474		-	2. The accumulated excess of the annual cost-of-living
5475		-	2620
5476	5473		2621
5477	5474		2622
5478	5475		2623
5479	5476		2624
5480	5477		2625
5481	5478		2626
5482	5479		2627
5483	5480		2628
5484	5481		2629
5485	5482		2630
5486	5483		2631
5487	5484		2632
5488	5485		2633
5489	5486		2634
5490	5487		2635
5491	5488		2636
5492	5489		2637
5493	5490		2638
5494	5491		2639
5495	5492		2640
5496	5493		2641
5497	5494		2642
5498	5495		2643
5499	5496		2644
5500	5497		2645
5501	5498		2646
5502		-	2647 HB190 Enrolled
	5499	+	2647
	5500	+	2648 HB190 Engrossed
5503	5501		Page 96
	5502	+	less. In any year when the cost-of-living index is lower than
	5503	+	the fixed percentage, the fixed percentage may be treated as
	5504	+	an increase in an eligible cost-of-living index, provided it
	5505	+	does not exceed the sum of:
	5506	+	1. The cost-of-living index for that year; and
5504	5507		2. The accumulated excess of the annual cost-of-living
5505	5508		index from each prior year over the fixed annual percentage
5506	5509		used in that year, reduced by any amount previously utilized
5507	5510		under this paragraph.
5508	5511		c. A percentage adjustment based on the increase in
5509	5512		compensation for the position held by the member at the time
5510	5513		of retirement, and provided under the terms of the plan.
5511	5514		(5) LIFE EXPECTANCY. The life expectancy as computed by
5512	5515		use of the Single Life Table in Treasury Regulation §
5513	5516		1.401(a)(9)-9.
5514	5517		(6) REQUIRED BEGINNING DATE. The April 1st of the
5515	5518		calendar year following the later of:
5516	5519		a. The calendar year in which the member attains age 72
5517	5520		73, for those members who attain age 72 after December 31,
5518	5521		2022, and age 73 before January 1, 2033; or attains age 75,
5519	5522		for those members who attain age 73 after December 31, 2032 ;
5520	5523		or
5521	5524		b. The calendar year in which the member retires."
5522	5525		"§45-37-123.108
5523	5526		Except as otherwise specifically provided in this
5524	5527		section, this section shall be effective as of January 1,
5525	5528		1993.
5526	5529		(1) ROLLOVERS GENERALLY.
5527	5530		a. Notwithstanding any provision of the plan to the
5528		-	contrary that would otherwise limit a distributee's election
5529		-	under this section, a distributee, at the time and in the
5530		-	manner prescribed by the pension board, may elect to have any
5531		-	portion of an eligible rollover distribution that is equal to
5532		-	at least two hundred dollars ($200) paid directly to an
5533		-	2648
5534	5531		2649
5535	5532		2650
5536	5533		2651
5537	5534		2652
5538	5535		2653
5539	5536		2654
5540	5537		2655
5541	5538		2656
5542	5539		2657
5543	5540		2658
5544	5541		2659
5545	5542		2660
5546	5543		2661
5547	5544		2662
5548	5545		2663
5549	5546		2664
5550	5547		2665
5551	5548		2666
5552	5549		2667
5553	5550		2668
5554	5551		2669
5555	5552		2670
5556	5553		2671
5557	5554		2672
5558	5555		2673
5559	5556		2674
5560		-	2675 HB190 Enrolled
	5557	+	2675
	5558	+	2676 HB190 Engrossed
5561	5559		Page 97
	5560	+	a. Notwithstanding any provision of the plan to the
	5561	+	contrary that would otherwise limit a distributee's election
	5562	+	under this section, a distributee, at the time and in the
	5563	+	manner prescribed by the pension board, may elect to have any
	5564	+	portion of an eligible rollover distribution that is equal to
5562	5565		at least two hundred dollars ($200) paid directly to an
5563	5566		eligible retirement plan specified by the distributee in a
5564	5567		direct rollover.
5565	5568		b. For purposes of this subdivision, the following
5566	5569		definitions shall apply:
5567	5570		1.(i) An eligible rollover distribution is any
5568	5571		distribution of all or any portion of the balance to the
5569	5572		credit of the distributee, except that an eligible rollover
5570	5573		distribution does not include: Any distribution that is one of
5571	5574		a series of substantially equal periodic payments, not less
5572	5575		frequently than annually, made for the life, or life
5573	5576		expectancy, of the distributee or the joint lives, or joint
5574	5577		life expectancies, of the distributee and the distributee's
5575	5578		designated beneficiary, or for a specified period of 10 years
5576	5579		or more; any distribution to the extent such distribution is
5577	5580		required under § 401(a)(9), Internal Revenue Code; the portion
5578	5581		of any other distribution that is not includible in gross
5579	5582		income, determined without regard to the exclusion for net
5580	5583		unrealized appreciation with respect to employer securities;
5581	5584		any hardship distribution; and any other distribution that is
5582	5585		reasonably expected to total less than two hundred dollars
5583	5586		($200) during a year.
5584	5587		(ii) Notwithstanding the above, with respect to
5585	5588		distributions made after December 31, 2001, a portion of a
5586		-	distribution shall not fail to be an eligible rollover
5587		-	distribution merely because the portion consists of aftertax
5588		-	after-tax employee contributions which are not includible in
5589		-	gross income. However, such portion may be transferred only to
5590		-	an individual retirement account or annuity described in §
5591		-	2676
5592	5589		2677
5593	5590		2678
5594	5591		2679
5595	5592		2680
5596	5593		2681
5597	5594		2682
5598	5595		2683
5599	5596		2684
5600	5597		2685
5601	5598		2686
5602	5599		2687
5603	5600		2688
5604	5601		2689
5605	5602		2690
5606	5603		2691
5607	5604		2692
5608	5605		2693
5609	5606		2694
5610	5607		2695
5611	5608		2696
5612	5609		2697
5613	5610		2698
5614	5611		2699
5615	5612		2700
5616	5613		2701
5617	5614		2702
5618		-	2703 HB190 Enrolled
	5615	+	2703
	5616	+	2704 HB190 Engrossed
5619	5617		Page 98
	5618	+	distributions made after December 31, 2001, a portion of a
	5619	+	distribution shall not fail to be an eligible rollover
	5620	+	distribution merely because the portion consists of aftertax
	5621	+	after-tax employee contributions which are not includible in
	5622	+	gross income. However, such portion may be transferred only to
5620	5623		an individual retirement account or annuity described in §
5621	5624		408(a) or (b), Internal Revenue Code, or to a qualified trust
5622	5625		described in § 401(a) , Internal Revenue Code, or annuity
5623	5626		contract described in § 403(a), Internal Revenue Code, that
5624	5627		agrees to separately account for amounts so transferred,
5625	5628		including separately accounting for the portion of such
5626	5629		distribution which is includible in gross income and the
5627	5630		portion of such distribution which is not so includible.
5628	5631		2. With respect to distributions made after December
5629	5632		31, 2001, an eligible retirement plan is an individual
5630	5633		retirement account described in § 408(a), Internal Revenue
5631	5634		Code, an individual retirement annuity described in § 408(b),
5632	5635		Internal Revenue Code, other than an endowment contract, a
5633	5636		qualified trust described in § 401(a), Internal Revenue Code,
5634	5637		which is exempt from tax under § 501(a), Internal Revenue
5635	5638		Code, that accepts the distributee's eligible rollover
5636	5639		distribution, an annuity plan described in § 403(a), Internal
5637	5640		Revenue Code, an eligible deferred compensation plan described
5638	5641		in § 457(b), Internal Revenue Code, which is maintained by an
5639	5642		eligible employer described in § 457(e)(1)(A), Internal
5640	5643		Revenue Code, and an annuity contract described in § 403(b),
5641	5644		Internal Revenue Code, that accepts the distributee's eligible
5642	5645		rollover distribution.
5643	5646		3. A distributee includes an employee or former
5644		-	employee. In addition, the employee's or former employee's
5645		-	surviving spouse and the employee's or former employee's
5646		-	spouse or former spouse who is the alternate payee under a
5647		-	qualified domestic relations order, as defined in § 414(p),
5648		-	Internal Revenue Code, are distributees with regard to the
5649		-	2704
5650	5647		2705
5651	5648		2706
5652	5649		2707
5653	5650		2708
5654	5651		2709
5655	5652		2710
5656	5653		2711
5657	5654		2712
5658	5655		2713
5659	5656		2714
5660	5657		2715
5661	5658		2716
5662	5659		2717
5663	5660		2718
5664	5661		2719
5665	5662		2720
5666	5663		2721
5667	5664		2722
5668	5665		2723
5669	5666		2724
5670	5667		2725
5671	5668		2726
5672	5669		2727
5673	5670		2728
5674	5671		2729
5675	5672		2730
5676		-	2731 HB190 Enrolled
	5673	+	2731
	5674	+	2732 HB190 Engrossed
5677	5675		Page 99
	5676	+	3. A distributee includes an employee or former
	5677	+	employee. In addition, the employee's or former employee's
	5678	+	surviving spouse and the employee's or former employee's
	5679	+	spouse or former spouse who is the alternate payee under a
	5680	+	qualified domestic relations order, as defined in § 414(p),
5678	5681		Internal Revenue Code, are distributees with regard to the
5679	5682		interest of the spouse or former spouse.
5680	5683		4. A direct rollover is a payment by the plan to the
5681	5684		eligible retirement plan specified by the distributee.
5682	5685		(2) DIRECT ROLLOVERS BY NON-SPOUSE DESIGNATED
5683	5686		BENEFICIARIES.
5684	5687		a. Notwithstanding the direct rollover provisions in
5685	5688		subdivision (1), for distributions after December 31, 2009, in
5686	5689		accordance with § 402(c)(11), Internal Revenue Code, a
5687	5690		non-spouse beneficiary who is a designated beneficiary, as
5688	5691		defined in § 401(a)(9)(E), Internal Revenue Code, and the
5689	5692		regulations thereunder, by means of a direct
5690	5693		trustee-to-trustee transfer, may roll over all or any portion
5691	5694		of an eligible rollover distribution, as defined in §
5692	5695		401(a)(31), Internal Revenue Code, to an individual retirement
5693	5696		plan the designated beneficiary establishes for purposes of
5694	5697		receiving the distribution. If a non-spouse designated
5695	5698		beneficiary receives a distribution from the plan, the
5696	5699		distribution is not eligible for a 60-day, non-direct
5697	5700		rollover.
5698	5701		b. If the member's named designated beneficiary is a
5699	5702		trust, the plan may make a direct trustee-to-trustee transfer
5700	5703		to an individual retirement plan on behalf of the trust,
5701	5704		provided the trust satisfies the requirements to be a
5702		-	designated beneficiary within the meaning of § 401(a)(9)(E),
5703		-	Internal Revenue Code.
5704		-	c. A non-spouse designated beneficiary may not roll
5705		-	over an amount which is a required minimum distribution, as
5706		-	determined under applicable regulations and other Internal
5707		-	2732
5708	5705		2733
5709	5706		2734
5710	5707		2735
5711	5708		2736
5712	5709		2737
5713	5710		2738
5714	5711		2739
5715	5712		2740
5716	5713		2741
5717	5714		2742
5718	5715		2743
5719	5716		2744
5720	5717		2745
5721	5718		2746
5722	5719		2747
5723	5720		2748
5724	5721		2749
5725	5722		2750
5726	5723		2751
5727	5724		2752
5728	5725		2753
5729	5726		2754
5730	5727		2755
5731	5728		2756
5732	5729		2757
5733	5730		2758
5734		-	2759 HB190 Enrolled
	5731	+	2759
	5732	+	2760 HB190 Engrossed
5735	5733		Page 100
	5734	+	provided the trust satisfies the requirements to be a
	5735	+	designated beneficiary within the meaning of § 401(a)(9)(E),
	5736	+	Internal Revenue Code.
	5737	+	c. A non-spouse designated beneficiary may not roll
	5738	+	over an amount which is a required minimum distribution, as
5736	5739		determined under applicable regulations and other Internal
5737	5740		Revenue Service guidance. If the member dies before the
5738	5741		member's required beginning date and the non-spouse designated
5739	5742		beneficiary rolls over to an individual retirement plan the
5740	5743		maximum amount eligible for rollover, the non-spouse
5741	5744		designated beneficiary may elect to use either the five-year
5742	5745		rule or the life expectancy rule, pursuant to Treasury
5743	5746		Regulation § 1.401(a)(9)-3, A-4(c), in determining the
5744	5747		required minimum distributions from the individual retirement
5745	5748		plan that receives the non-spouse designated beneficiary's
5746	5749		distribution.
5747	5750		(3) ROLLOVER TO ROTH IRA. For distributions made after
5748	5751		December 31, 2007, in accordance with § 408A, Internal Revenue
5749	5752		Code, a member may elect to roll over directly an eligible
5750	5753		rollover distribution to a Roth IRA, as defined in § 408A(b),
5751	5754		Internal Revenue Code."
5752	5755		"§45-37-123.132
5753	5756		(a) Adjustment if fewer than 10 years. Effective for
5754	5757		limitation years ending after December 31, 2001, if a member
5755	5758		has fewer than 10 years of participation in the plan, then the
5756	5759		defined benefit dollar limitation of Section 45-37-123.131(a)
5757	5760		shall be multiplied by a fraction, the numerator of which is
5758	5761		the number of years, or part thereof, of participation in the
5759	5762		plan, and the denominator of which is 10. However, in no event
5760		-	shall such fraction be less than one-tenth. Notwithstanding
5761		-	the foregoing, no adjustment shall be made to the defined
5762		-	benefit dollar limitation for a distribution on account of a
5763		-	member becoming disabled by reason of personal injuries or
5764		-	sickness, or as a result of the death of a member. For
5765		-	2760
5766	5763		2761
5767	5764		2762
5768	5765		2763
5769	5766		2764
5770	5767		2765
5771	5768		2766
5772	5769		2767
5773	5770		2768
5774	5771		2769
5775	5772		2770
5776	5773		2771
5777	5774		2772
5778	5775		2773
5779	5776		2774
5780	5777		2775
5781	5778		2776
5782	5779		2777
5783	5780		2778
5784	5781		2779
5785	5782		2780
5786	5783		2781
5787	5784		2782
5788	5785		2783
5789	5786		2784
5790	5787		2785
5791	5788		2786
5792		-	2787 HB190 Enrolled
	5789	+	2787
	5790	+	2788 HB190 Engrossed
5793	5791		Page 101
	5792	+	plan, and the denominator of which is 10. However, in no event
	5793	+	shall such fraction be less than one-tenth. Notwithstanding
	5794	+	the foregoing, no adjustment shall be made to the defined
	5795	+	benefit dollar limitation for a distribution on account of a
	5796	+	member becoming disabled by reason of personal injuries or
5794	5797		sickness, or as a result of the death of a member. For
5795	5798		purposes of this subsection, a year of participation means
5796	5799		each accrual computation period for which the following
5797	5800		conditions are met: The member is credited with a period of
5798	5801		service for benefit accrual purposes, required under the terms
5799	5802		of the plan in order to accrue a benefit for the accrual
5800	5803		computation period, and the member is included as a member
5801	5804		under the eligibility provisions of the plan for at least one
5802	5805		day of the accrual computation period. If these two conditions
5803	5806		are met, the portion of a year of participation credited to
5804	5807		the member shall equal the amount of benefit accrual service
5805	5808		credited to the member for such accrual computation period. A
5806	5809		member who is permanently and totally disabled within the
5807	5810		meaning of § 415(c)(3)(C)(i), Internal Revenue Code, for an
5808	5811		accrual computation period shall receive a year of
5809	5812		participation with respect to the period. In no event shall
5810	5813		more than one year of participation be credited for any
5811	5814		12-month period.
5812	5815		(b) Adjustment of defined benefit dollar limitation for
5813	5816		commencement before age 62. Effective for benefits commencing
5814	5817		in limitation years ending after December 31, 2001, the
5815	5818		defined benefit dollar limitation shall be adjusted if the
5816	5819		annuity starting date of the member’s benefit is before age
5817	5820		62.
5818		-	(1) LIMITATION YEARS BEGINNING BEFORE JULY 1, 2007. If
5819		-	the annuity starting date for the member’s benefit is prior to
5820		-	age 62 and occurs in a limitation year beginning before July
5821		-	1, 2007, the defined benefit dollar limitation for the
5822		-	member’s annuity starting date is the annual amount of a
5823		-	2788
5824	5821		2789
5825	5822		2790
5826	5823		2791
5827	5824		2792
5828	5825		2793
5829	5826		2794
5830	5827		2795
5831	5828		2796
5832	5829		2797
5833	5830		2798
5834	5831		2799
5835	5832		2800
5836	5833		2801
5837	5834		2802
5838	5835		2803
5839	5836		2804
5840	5837		2805
5841	5838		2806
5842	5839		2807
5843	5840		2808
5844	5841		2809
5845	5842		2810
5846	5843		2811
5847	5844		2812
5848	5845		2813
5849	5846		2814
5850		-	2815 HB190 Enrolled
	5847	+	2815
	5848	+	2816 HB190 Engrossed
5851	5849		Page 102
	5850	+	62.
	5851	+	(1) LIMITATION YEARS BEGINNING BEFORE JULY 1, 2007. If
	5852	+	the annuity starting date for the member’s benefit is prior to
	5853	+	age 62 and occurs in a limitation year beginning before July
	5854	+	1, 2007, the defined benefit dollar limitation for the
5852	5855		member’s annuity starting date is the annual amount of a
5853	5856		benefit payable in the form of a straight life annuity
5854	5857		commencing at the member’s annuity starting date that is the
5855	5858		actuarial equivalent of the defined benefit dollar limitation
5856	5859		with actuarial equivalence computed using whichever of the
5857	5860		following produces the smaller annual amount: The applicable
5858	5861		interest rate and applicable mortality table, or other tabular
5859	5862		factor, as defined in § 417(e)(3), Internal Revenue Code; or a
5860	5863		five percent interest rate assumption and the applicable
5861	5864		mortality table as defined in § 417(e)(3), Internal Revenue
5862	5865		Code.
5863	5866		(2) LIMITATION YEARS BEGINNING ON OR AFTER JULY 1,
5864	5867		2007.
5865	5868		a. Plan Does Not Have Immediately Commencing Straight
5866	5869		Life Annuity Payable at Both Age 62 and the Age of Benefit
5867	5870		Commencement. If the annuity starting date for the member’s
5868	5871		benefit is prior to age 62 and occurs in a limitation year
5869	5872		beginning on or after July 1, 2007, and the plan does not have
5870	5873		an immediately commencing straight life annuity payable at
5871	5874		both age 62 and the age of benefit commencement, the defined
5872	5875		benefit dollar limitation for the member’s annuity starting
5873	5876		date is the annual amount of a benefit payable in the form of
5874	5877		a straight life annuity commencing at the member’s annuity
5875	5878		starting date that is the actuarial equivalent of the defined
5876		-	benefit dollar limitation with actuarial equivalence computed
5877		-	using a five percent interest rate assumption and the
5878		-	applicable mortality table under Treasury Regulation §
5879		-	1.417(e)-1(d)(2), or the applicable mortality table as
5880		-	required by law, that is effective for that annuity starting
5881		-	2816
5882	5879		2817
5883	5880		2818
5884	5881		2819
5885	5882		2820
5886	5883		2821
5887	5884		2822
5888	5885		2823
5889	5886		2824
5890	5887		2825
5891	5888		2826
5892	5889		2827
5893	5890		2828
5894	5891		2829
5895	5892		2830
5896	5893		2831
5897	5894		2832
5898	5895		2833
5899	5896		2834
5900	5897		2835
5901	5898		2836
5902	5899		2837
5903	5900		2838
5904	5901		2839
5905	5902		2840
5906	5903		2841
5907	5904		2842
5908		-	2843 HB190 Enrolled
	5905	+	2843
	5906	+	2844 HB190 Engrossed
5909	5907		Page 103
	5908	+	starting date that is the actuarial equivalent of the defined
	5909	+	benefit dollar limitation with actuarial equivalence computed
	5910	+	using a five percent interest rate assumption and the
	5911	+	applicable mortality table under Treasury Regulation §
	5912	+	1.417(e)-1(d)(2), or the applicable mortality table as
5910	5913		required by law, that is effective for that annuity starting
5911	5914		date, and expressing the member’s age based on completed
5912	5915		calendar months as of the annuity starting date.
5913	5916		b. Plan Has Immediately Commencing Straight Life
5914	5917		Annuity Payable at Both Age 62 and the Age of Benefit
5915	5918		Commencement. If the annuity starting date for the member's
5916	5919		benefit is prior to age 62 and occurs in a limitation year
5917	5920		beginning on or after July 1, 2007, and the plan has an
5918	5921		immediately commencing straight life annuity payable at both
5919	5922		age 62 and the age of benefit commencement, the defined
5920	5923		benefit dollar limitation for the member's annuity starting
5921	5924		date is the lesser of the limitation determined under
5922	5925		paragraph a. and the defined benefit dollar limitation
5923	5926		multiplied by the ratio of the annual amount of the
5924	5927		immediately commencing straight life annuity under the plan at
5925	5928		the member's annuity starting date to the annual amount of the
5926	5929		immediately commencing straight life annuity under the plan at
5927	5930		age 62, both determined without applying the limitations of
5928	5931		this subpart.
5929	5932		(3) MORTALITY ADJUSTMENTS. Notwithstanding the other
5930	5933		requirements of this subsection, no adjustment shall be made
5931	5934		to the defined benefit dollar limitation to reflect the
5932	5935		probability of a member's death between the annuity starting
5933	5936		date and age 62 if benefits are not forfeited upon the death
5934		-	of the member prior to the annuity starting date. To the
5935		-	extent benefits are forfeited upon death before the annuity
5936		-	starting date, such an adjustment shall be made. For this
5937		-	purpose, no forfeiture shall be treated as occurring upon the
5938		-	member's death if the plan does not charge members for
5939		-	2844
5940	5937		2845
5941	5938		2846
5942	5939		2847
5943	5940		2848
5944	5941		2849
5945	5942		2850
5946	5943		2851
5947	5944		2852
5948	5945		2853
5949	5946		2854
5950	5947		2855
5951	5948		2856
5952	5949		2857
5953	5950		2858
5954	5951		2859
5955	5952		2860
5956	5953		2861
5957	5954		2862
5958	5955		2863
5959	5956		2864
5960	5957		2865
5961	5958		2866
5962	5959		2867
5963	5960		2868
5964	5961		2869
5965	5962		2870
5966		-	2871 HB190 Enrolled
	5963	+	2871
	5964	+	2872 HB190 Engrossed
5967	5965		Page 104
	5966	+	date and age 62 if benefits are not forfeited upon the death
	5967	+	of the member prior to the annuity starting date. To the
	5968	+	extent benefits are forfeited upon death before the annuity
	5969	+	starting date, such an adjustment shall be made. For this
	5970	+	purpose, no forfeiture shall be treated as occurring upon the
5968	5971		member's death if the plan does not charge members for
5969	5972		providing a qualified preretirement survivor annuity, as
5970	5973		defined in § 417(c), Internal Revenue Code, upon the member's
5971	5974		death.
5972	5975		(4) EXCEPTION FOR CERTAIN MEMBERS TO THE ADJUSTMENT OF
5973	5976		DEFINED BENEFIT DOLLAR LIMITATION FOR COMMENCEMENT BEFORE AGE
5974	5977		62.
5975	5978		a. Qualified Participants. Pursuant to § 415(b)(2)(G)
5976	5979		and (H), Internal Revenue Code, no age adjustment is made to
5977	5980		the defined benefit dollar limitation for commencement before
5978	5981		age 62 for any qualified participant. For this purpose, a
5979	5982		qualified participant is a participant in a defined benefit
5980	5983		plan that is maintained by a state or any political
5981	5984		subdivision of a state with respect to whom the service taken
5982	5985		into account in determining the amount of the benefit under
5983	5986		the defined benefit plan includes at least 15 years of service
5984	5987		of the participant as a full-time employee of any police
5985	5988		department or fire department that is organized and operated
5986	5989		by the state or political subdivision maintaining such defined
5987	5990		benefit plan to provide police protection, firefighting
5988	5991		services, or emergency medical services for any area within
5989	5992		the jurisdiction of such state or political subdivision, or as
5990	5993		a member of the Armed Forces of the United States.
5991	5994		b. Survivor and Disability Benefits. Pursuant to §
5992		-	415(b)(2)(I), Internal Revenue Code, no age adjustment is made
5993		-	to the defined benefit dollar limitation for commencement
5994		-	before age 62 for a distribution from the plan on account of a
5995		-	member becoming disabled by reason of personal injuries or
5996		-	sickness, or as a result of the death of a member.
5997		-	2872
5998	5995		2873
5999	5996		2874
6000	5997		2875
6001	5998		2876
6002	5999		2877
6003	6000		2878
6004	6001		2879
6005	6002		2880
6006	6003		2881
6007	6004		2882
6008	6005		2883
6009	6006		2884
6010	6007		2885
6011	6008		2886
6012	6009		2887
6013	6010		2888
6014	6011		2889
6015	6012		2890
6016	6013		2891
6017	6014		2892
6018	6015		2893
6019	6016		2894
6020	6017		2895
6021	6018		2896
6022	6019		2897
6023	6020		2898
6024		-	2899 HB190 Enrolled
	6021	+	2899
	6022	+	2900 HB190 Engrossed
6025	6023		Page 105
	6024	+	b. Survivor and Disability Benefits. Pursuant to §
	6025	+	415(b)(2)(I), Internal Revenue Code, no age adjustment is made
	6026	+	to the defined benefit dollar limitation for commencement
	6027	+	before age 62 for a distribution from the plan on account of a
	6028	+	member becoming disabled by reason of personal injuries or
6026	6029		sickness, or as a result of the death of a member.
6027	6030		(c) Actuarial equivalence of forms of benefit other
6028	6031		than a straight life annuity. Effective for distributions in
6029	6032		plan years beginning after December 31, 2003, the
6030	6033		determination of actuarial equivalence of forms of benefit
6031	6034		other than a straight life annuity shall be made in accordance
6032	6035		with subdivision (1) or subdivision (2).
6033	6036		(1) BENEFIT FORMS NOT SUBJECT TO § 417(e)(3), INTERNAL
6034	6037		REVENUE CODE. The straight life annuity that is actuarially
6035	6038		equivalent to the member's form of benefit shall be determined
6036	6039		under this subdivision if the form of the member's benefit is
6037	6040		either a nondecreasing annuity, other than a straight life
6038	6041		annuity, payable for a period of not less than the life of the
6039	6042		member, or, in the case of a qualified preretirement survivor
6040	6043		annuity, the life of the surviving spouse, or an annuity that
6041	6044		decreases during the life of the member merely because of the
6042	6045		death of the survivor annuitant, but only if the reduction is
6043	6046		not below 50 percent of the benefit payable before the death
6044	6047		of the survivor annuitant, or the cessation or reduction of
6045	6048		Social Security supplements or qualified disability payments,
6046	6049		as defined in § 401(a)(11), Internal Revenue Code.
6047	6050		a. Limitation Years Beginning Before July 1, 2007. For
6048	6051		limitation years beginning before July 1, 2007, the
6049	6052		actuarially equivalent straight life annuity is equal to the
6050		-	annual amount of the straight life annuity commencing at the
6051		-	same annuity starting date that has the same actuarial present
6052		-	value as the member's form of benefit computed using whichever
6053		-	of the following produces the greater annual amount:
6054		-	1. The applicable interest rate and applicable
6055		-	2900
6056	6053		2901
6057	6054		2902
6058	6055		2903
6059	6056		2904
6060	6057		2905
6061	6058		2906
6062	6059		2907
6063	6060		2908
6064	6061		2909
6065	6062		2910
6066	6063		2911
6067	6064		2912
6068	6065		2913
6069	6066		2914
6070	6067		2915
6071	6068		2916
6072	6069		2917
6073	6070		2918
6074	6071		2919
6075	6072		2920
6076	6073		2921
6077	6074		2922
6078	6075		2923
6079	6076		2924
6080	6077		2925
6081	6078		2926
6082		-	2927 HB190 Enrolled
	6079	+	2927
	6080	+	2928 HB190 Engrossed
6083	6081		Page 106
	6082	+	actuarially equivalent straight life annuity is equal to the
	6083	+	annual amount of the straight life annuity commencing at the
	6084	+	same annuity starting date that has the same actuarial present
	6085	+	value as the member's form of benefit computed using whichever
	6086	+	of the following produces the greater annual amount:
6084	6087		1. The applicable interest rate and applicable
6085	6088		mortality table, or other tabular factor, as defined in §
6086	6089		417(e)(3), Internal Revenue Code, for adjusting benefits in
6087	6090		the same form; or
6088	6091		2. Five percent interest rate assumption and the
6089	6092		applicable mortality table as defined in § 417(e)(3), Internal
6090	6093		Revenue Code.
6091	6094		b. Limitation Years Beginning On or After July 1, 2007.
6092	6095		For limitation years beginning on or after July 1, 2007, the
6093	6096		actuarially equivalent straight life annuity is equal to the
6094	6097		greater of:
6095	6098		1. The annual amount of the straight life annuity, if
6096	6099		any, payable to the member under the plan commencing at the
6097	6100		same annuity starting date as the member's form of benefit; or
6098	6101		2. The annual amount of the straight life annuity
6099	6102		commencing at the same annuity starting date that has the same
6100	6103		actuarial present value as the member's form of benefit,
6101	6104		computed using a five percent interest rate assumption and the
6102	6105		applicable mortality table as described in Treasury Regulation
6103	6106		§ 1.417(e)-1(d)(2), or the applicable mortality table as
6104	6107		required by law, for that annuity starting date.
6105	6108		(2) BENEFIT FORMS SUBJECT TO § 417(e)(3) INTERNAL
6106	6109		REVENUE CODE. The straight life annuity that is actuarially
6107	6110		equivalent to the member’s form of benefit shall be determined
6108		-	under this subdivision if the form of the member’s benefit is
6109		-	other than a benefit form described in subdivision (1). In
6110		-	this case, the actuarially equivalent straight life annuity
6111		-	shall be determined as follows:
6112		-	a. Annuity Starting Date in Plan Years Beginning After
6113		-	2928
6114	6111		2929
6115	6112		2930
6116	6113		2931
6117	6114		2932
6118	6115		2933
6119	6116		2934
6120	6117		2935
6121	6118		2936
6122	6119		2937
6123	6120		2938
6124	6121		2939
6125	6122		2940
6126	6123		2941
6127	6124		2942
6128	6125		2943
6129	6126		2944
6130	6127		2945
6131	6128		2946
6132	6129		2947
6133	6130		2948
6134	6131		2949
6135	6132		2950
6136	6133		2951
6137	6134		2952
6138	6135		2953
6139	6136		2954
6140		-	2955 HB190 Enrolled
	6137	+	2955
	6138	+	2956 HB190 Engrossed
6141	6139		Page 107
	6140	+	equivalent to the member’s form of benefit shall be determined
	6141	+	under this subdivision if the form of the member’s benefit is
	6142	+	other than a benefit form described in subdivision (1). In
	6143	+	this case, the actuarially equivalent straight life annuity
	6144	+	shall be determined as follows:
6142	6145		a. Annuity Starting Date in Plan Years Beginning After
6143	6146		2005. If the annuity starting date of the member’s form of
6144	6147		benefit is in a plan year beginning after 2005, the
6145	6148		actuarially equivalent straight life annuity is equal to the
6146	6149		greatest of:
6147	6150		1. The annual amount of the straight life annuity
6148	6151		commencing at the same annuity starting date that has the same
6149	6152		actuarial present value as the member’s form of benefit,
6150	6153		computed using the assumptions, as defined in subdivision (3)
6151	6154		of Section 45-37-123.01;
6152	6155		2. The annual amount of the straight life annuity
6153	6156		commencing at the same annuity starting date that has the same
6154	6157		actuarial present value as the member’s form of benefit,
6155	6158		computed using a five and one-half percent interest rate
6156	6159		assumption and the applicable mortality table for the
6157	6160		distribution under Treasury Regulation § 1.417(e)-1(d)(2), or
6158	6161		the applicable mortality table as required by law; or
6159	6162		3. The annual amount of the straight life annuity
6160	6163		commencing at the same annuity starting date that has the same
6161	6164		actuarial present value as the member’s form of benefit,
6162	6165		computed for the distribution under Treasury Regulation §
6163	6166		1.417(e)-1(d)(3), or the applicable interest rate as required
6164	6167		by law, and the applicable mortality table for the
6165	6168		distribution under Treasury Regulation § 1.417(e)-1(d)(2), or
6166		-	the applicable mortality table as required by law, divided by
6167		-	1.05.
6168		-	b. Annuity Starting Date in Plan Years Beginning in
6169		-	2004 or 2005. If the annuity starting date of the member’s
6170		-	form of benefit is in a plan year beginning in 2004 or 2005,
6171		-	2956
6172	6169		2957
6173	6170		2958
6174	6171		2959
6175	6172		2960
6176	6173		2961
6177	6174		2962
6178	6175		2963
6179	6176		2964
6180	6177		2965
6181	6178		2966
6182	6179		2967
6183	6180		2968
6184	6181		2969
6185	6182		2970
6186	6183		2971
6187	6184		2972
6188	6185		2973
6189	6186		2974
6190	6187		2975
6191	6188		2976
6192	6189		2977
6193	6190		2978
6194	6191		2979
6195	6192		2980
6196	6193		2981
6197	6194		2982
6198		-	2983 HB190 Enrolled
	6195	+	2983
	6196	+	2984 HB190 Engrossed
6199	6197		Page 108
	6198	+	distribution under Treasury Regulation § 1.417(e)-1(d)(2), or
	6199	+	the applicable mortality table as required by law, divided by
	6200	+	1.05.
	6201	+	b. Annuity Starting Date in Plan Years Beginning in
	6202	+	2004 or 2005. If the annuity starting date of the member’s
6200	6203		form of benefit is in a plan year beginning in 2004 or 2005,
6201	6204		the actuarially equivalent straight life annuity is equal to
6202	6205		the annual amount of the straight life annuity commencing at
6203	6206		the same annuity starting date that has the same actuarial
6204	6207		present value as the member’s form of benefit, computed using
6205	6208		whichever of the following produces the greater annual amount:
6206	6209		1. The applicable interest rate and applicable
6207	6210		mortality table, or other tabular factor, as defined in §
6208	6211		417(e)(3), Internal Revenue Code, for adjusting benefits in
6209	6212		the same form; or
6210	6213		2. A five and one-half percent interest rate assumption
6211	6214		and the applicable mortality table for the distribution under
6212	6215		Treasury Regulation § 1.417(e)-1(d)(2), or the applicable
6213	6216		mortality table as required by law.
6214	6217		(d) For purposes of Section 45-37-123.130 and
6215	6218		subsection (b), no adjustments under § 415(d), Internal
6216	6219		Revenue Code, shall be taken into account before the
6217	6220		limitation year for which such adjustment first takes effect.
6218	6221		(e) For purposes of Section 45-37-123.130, no actuarial
6219	6222		adjustment to the benefit is required for the value of a
6220	6223		qualified joint and survivor annuity, ancillary benefits that
6221	6224		are not directly related to retirement benefits, such as a
6222	6225		qualified disability benefit, preretirement death benefits,
6223	6226		and postretirement medical benefits, as set forth in § 415(b),
6224		-	Internal Revenue Code, and Treasury Regulation §
6225		-	1.415(b)-1(c)(4)(1)(B), and the value of postretirement
6226		-	cost-of-living increases made in accordance with § 415(d),
6227		-	Internal Revenue Code, and Treasury Regulation §
6228		-	1.415–3(c)(2)(iii). The annual benefit does not include any
6229		-	2984
6230	6227		2985
6231	6228		2986
6232	6229		2987
6233	6230		2988
6234	6231		2989
6235	6232		2990
6236	6233		2991
6237	6234		2992
6238	6235		2993
6239	6236		2994
6240	6237		2995
6241	6238		2996
6242	6239		2997
6243	6240		2998
6244	6241		2999
6245	6242		3000
6246	6243		3001
6247	6244		3002
6248	6245		3003
6249	6246		3004
6250	6247		3005
6251	6248		3006
6252	6249		3007
6253	6250		3008
6254	6251		3009
6255	6252		3010
6256		-	3011 HB190 Enrolled
	6253	+	3011
	6254	+	3012 HB190 Engrossed
6257	6255		Page 109
	6256	+	and postretirement medical benefits, as set forth in § 415(b),
	6257	+	Internal Revenue Code, and Treasury Regulation §
	6258	+	1.415(b)-1(c)(4)(1)(B), and the value of postretirement
	6259	+	cost-of-living increases made in accordance with § 415(d),
	6260	+	Internal Revenue Code, and Treasury Regulation §
6258	6261		1.415–3(c)(2)(iii). The annual benefit does not include any
6259	6262		benefits attributable to employee contributions or rollover
6260	6263		contributions, or the assets transferred from a qualified plan
6261	6264		that was not maintained by the county."
6262	6265		"§45-37-123.150
6263	6266		(a) The pension board shall have the right at any time
6264	6267		to amend the plan, subject to the limitations of this section.
6265	6268		Any amendment shall be consistent with the act, any other
6266	6269		legislation relating to the system, or consistent with other
6267	6270		authority granted to the pension board. Additionally, in the
6268	6271		event that the Legislature amends the act or makes other
6269	6272		statutory changes that impact the terms of the plan, the
6270	6273		pension board shall, subject to applicable law, may cause the
6271	6274		plan to be amended as necessary to reflect such the
6272	6275		legislation. The pension board, and each of its individual
6273	6276		members, when acting in its or their official capacity, shall
6274	6277		be immune from civil liability against the claims of any
6275	6278		individual, member, or other entity of any nature whatsoever
6276	6279		arising out of the pension board's or its members'
6277	6280		administration of the plan or related to its decisions or
6278	6281		actions, which decisions or actions were made in good faith,
6279	6282		without malice, and predicated upon information that was then
6280	6283		available to the pension board.
6281	6284		(b) As determined by the pension board or by
6282		-	legislative act, any change in the pension rate may apply to
6283		-	all pensions payable under the plan, including pensions
6284		-	granted prior to the effective date of the change in the
6285		-	pension rate. This subsection shall apply whether such change
6286		-	results in the pension benefit being increased or decreased.
6287		-	3012
6288	6285		3013
6289	6286		3014
6290	6287		3015
6291	6288		3016
6292	6289		3017
6293	6290		3018
6294	6291		3019
6295	6292		3020
6296	6293		3021
6297	6294		3022
6298	6295		3023
6299	6296		3024
6300	6297		3025
6301	6298		3026
6302	6299		3027
6303	6300		3028
6304	6301		3029
6305	6302		3030
6306	6303		3031
6307	6304		3032
6308	6305		3033
6309	6306		3034
6310	6307		3035
6311	6308		3036
6312	6309		3037
6313	6310		3038
6314		-	3039 HB190 Enrolled
	6311	+	3039
	6312	+	3040 HB190 Engrossed
6315	6313		Page 110
	6314	+	(b) As determined by the pension board or by
	6315	+	legislative act, any change in the pension rate may apply to
	6316	+	all pensions payable under the plan, including pensions
	6317	+	granted prior to the effective date of the change in the
	6318	+	pension rate. This subsection shall apply whether such change
6316	6319		results in the pension benefit being increased or decreased.
6317	6320		Accordingly, any increase or decrease in the pension rate may
6318	6321		be applicable not only to persons who have not yet begun to
6319	6322		receive their pension benefits, but also to persons who have
6320	6323		begun receiving their pensions benefits. A change in the
6321	6324		pension rate means any modification to the definition of basic
6322	6325		average salary or other change to the formula for determining
6323	6326		the amount of a pension benefit.
6324	6327		(c)(b) Any amendment which affects the rights, duties,
6325	6328		or responsibilities of the trustee may only be made with the
6326	6329		trustee’s written consent. Any such amendment shall become
6327	6330		effective as provided therein upon its execution. The trustee
6328	6331		shall not be required to execute any such amendment unless the
6329	6332		amendment affects the duties of the trustee hereunder.
6330	6333		(d)(c) Except as otherwise specifically provided for
6331	6334		herein, no amendment to the plan shall be effective if it
6332	6335		authorizes or permits any part of the trust fund, other than
6333	6336		such part as is required to pay taxes and administration
6334	6337		expenses, to be used for or diverted to any purpose other than
6335	6338		for the exclusive benefit of the members or their designated
6336	6339		beneficiaries or estates."
6337	6340		"§45-37-123.191
6338	6341		The plan shall not be deemed to constitute a contract
6339	6342		of employment between the county and any member or to be a
6340		-	consideration or an inducement for the employment of any
6341		-	member or employee. Nothing contained in the plan shall be
6342		-	deemed to give any member or employee the right to be retained
6343		-	in the service of the county or to interfere with the right of
6344		-	the county to discharge any member or employee at any time
6345		-	3040
6346	6343		3041
6347	6344		3042
6348	6345		3043
6349	6346		3044
6350	6347		3045
6351	6348		3046
6352	6349		3047
6353	6350		3048
6354	6351		3049
6355	6352		3050
6356	6353		3051
6357	6354		3052
6358	6355		3053
6359	6356		3054
6360	6357		3055
6361	6358		3056
6362	6359		3057
6363	6360		3058
6364	6361		3059
6365	6362		3060
6366	6363		3061
6367	6364		3062
6368	6365		3063
6369	6366		3064
6370	6367		3065
6371	6368		3066
6372		-	3067 HB190 Enrolled
	6369	+	3067
	6370	+	3068 HB190 Engrossed
6373	6371		Page 111
	6372	+	of employment between the county and any member or to be a
	6373	+	consideration or an inducement for the employment of any
	6374	+	member or employee. Nothing contained in the plan shall be
	6375	+	deemed to give any member or employee the right to be retained
	6376	+	in the service of the county or to interfere with the right of
6374	6377		the county to discharge any member or employee at any time
6375	6378		regardless of the effect which such discharge shall have upon
6376	6379		the employee as a member of this plan. No provisions herein
6377	6380		shall be construed to bestow upon any member or any other
6378	6381		person any vested right to benefits, return of employee
6379	6382		contributions, or any other valuable interest hereunder. No
6380	6383		implied contract for benefits shall be held to arise
6381	6384		hereunder, either before or after retirement. A member's right
6382	6385		to a pension benefit shall vest and become nonforfeitable
6383	6386		pursuant to Section 45-37-123.100(c)(2)(b). Membership in the
6384	6387		system is contractual in nature and vested pension benefits
6385	6388		shall not be forfeited, diminished, or impaired. "
6386	6389		"§45-37-123.194
6387	6390		(a) Except as provided below and otherwise specifically
6388	6391		required by law, it shall be impossible by operation of the
6389	6392		plan or of the trust agreement, by termination of either, by
6390	6393		power of revocation or amendment, by the happening of any
6391	6394		contingency, by collateral arrangement, or by any other means,
6392	6395		for any part of the corpus or income of any trust fund
6393	6396		maintained pursuant to the plan or any funds contributed
6394	6397		thereto to be used for, or diverted to, purposes other than
6395	6398		the exclusive benefit of members, former members, or their
6396	6399		designated beneficiaries; and no funds of the system, whether
6397	6400		in cash, securities, or otherwise, nor any income or yield
6398		-	thereof, shall be subject to or exacted on account of, any
6399		-	tax; and no retirement or disability allowance or right to
6400		-	return of contributions, or other benefits payable as set
6401		-	forth in the plan, shall be assignable or be subject to
6402		-	execution, levy, attachment, garnishment, or other legal
6403		-	3068
6404	6401		3069
6405	6402		3070
6406	6403		3071
6407	6404		3072
6408	6405		3073
6409	6406		3074
6410	6407		3075
6411	6408		3076
6412	6409		3077
6413	6410		3078
6414	6411		3079
6415	6412		3080
6416	6413		3081
6417	6414		3082
6418	6415		3083
6419	6416		3084
6420	6417		3085
6421	6418		3086
6422	6419		3087
6423	6420		3088
6424	6421		3089
6425	6422		3090
6426	6423		3091
6427	6424		3092
6428	6425		3093
6429	6426		3094
6430		-	3095 HB190 Enrolled
	6427	+	3095
	6428	+	3096 HB190 Engrossed
6431	6429		Page 112
	6430	+	in cash, securities, or otherwise, nor any income or yield
	6431	+	thereof, shall be subject to or exacted on account of, any
	6432	+	tax; and no retirement or disability allowance or right to
	6433	+	return of contributions, or other benefits payable as set
	6434	+	forth in the plan, shall be assignable or be subject to
6432	6435		execution, levy, attachment, garnishment, or other legal
6433	6436		process. Accordingly, the plan shall not recognize any
6434	6437		domestic relations order attempting to provide a member's
6435	6438		benefits, or any portion thereof, to an alternate payee.
6436	6439		(b) In the event that the county shall make an
6437	6440		excessive contribution under a mistake of fact, the pension
6438	6441		board, or its agent, may demand repayment of such excessive
6439	6442		contribution, and the trustees shall return such amount,
6440	6443		adjusted for any income or loss in value so long as such
6441	6444		amount is returned within one year of the date of the mistaken
6442	6445		contribution. Notwithstanding the immediately preceding
6443	6446		sentence, any return shall be limited to an amount that, in
6444	6447		the judgment of the pension board, would not cause the system
6445	6448		to become actuarially unsound.
6446	6449		(c) In the event that the plan makes an overpayment to
6447	6450		a member or, designated beneficiary, or other beneficiary for
6448	6451		any reason, such as, miscalculation of a pension benefit or
6449	6452		payment prior to the time that the member or, designated
6450	6453		beneficiary, or other beneficiary was entitled to payment, the
6451	6454		pension board may elect to offset future pension payments
6452	6455		benefits until such the overpayment has been recouped by the
6453	6456		trust fund to the extent allowed by law .
6454	6457		(d) Subject to applicable law, no person shall be
6455	6458		entitled to receive a deferred pension if his or her
6456		-	separation from the service from the county is due to his or
6457		-	her misappropriation of funds or property of the county, or to
6458		-	moral delinquency on his or her part.
6459		-	(e) Subject to applicable law, if the board finds that
6460		-	a member's service is terminated by resignation or discharge,
6461		-	3096
6462	6459		3097
6463	6460		3098
6464	6461		3099
6465	6462		3100
6466	6463		3101
6467	6464		3102
6468	6465		3103
6469	6466		3104
6470	6467		3105
6471	6468		3106
6472	6469		3107
6473	6470		3108
6474	6471		3109
6475	6472		3110
6476	6473		3111
6477	6474		3112
6478	6475		3113
6479	6476		3114
6480	6477		3115
6481	6478		3116
6482	6479		3117
6483	6480		3118
6484	6481		3119
6485	6482		3120
6486	6483		3121
6487	6484		3122
6488		-	3123 HB190 Enrolled
	6485	+	3123
	6486	+	3124 HB190 Engrossed
6489	6487		Page 113
	6488	+	entitled to receive a deferred pension if his or her
	6489	+	separation from the service from the county is due to his or
	6490	+	her misappropriation of funds or property of the county, or to
	6491	+	moral delinquency on his or her part.
	6492	+	(e) Subject to applicable law, if the board finds that
6490	6493		a member's service is terminated by resignation or discharge,
6491	6494		or otherwise, as a consequence of such member's dishonesty in
6492	6495		handling the monies or property of the county or any
6493	6496		department thereof, the member shall not be entitled to any
6494	6497		retirement or disability benefit, but he or she shall upon
6495	6498		application therefor be paid a refund of the full amount of
6496	6499		his or her employee contributions, less any benefits
6497	6500		previously paid to him or her.
6498	6501		(f)(d) Subject to applicable law, a member's or
6499	6502		designated beneficiary's benefit may be offset for obligations
6500	6503		to the county, the pension board, or the trust fund."
6501	6504		"§45-37-123.195
6502	6505		Any payment to any member, the member's legal
6503	6506		representative, designated beneficiary, or to any guardian or
6504	6507		committee appointed for such member or designated beneficiary
6505	6508		in accordance with the plan, to the extent thereof, shall be
6506	6509		in full satisfaction of all claims hereunder against the
6507	6510		trustee, the county, and the pension board each of whom may
6508	6511		require such member, legal representative, designated
6509	6512		beneficiary, guardian, or committee, as a condition precedent
6510	6513		to such payment, to execute a receipt and release thereof or
6511	6514		an indemnification agreement or both in such form as shall be
6512	6515		determined by the pension board."
6513	6516		Section 2. Sections 45-37-123.31 and 45-37-123.110 are
6514		-	added to the Code of Alabama 1975, to read as follows:
6515		-	§45-37-123.31
6516		-	The system, the pension board and each of its
6517		-	individual members, and employees of the system, when acting
6518		-	within the scope of its or their official capacity, shall be
6519		-	3124
6520	6517		3125
6521	6518		3126
6522	6519		3127
6523	6520		3128
6524	6521		3129
6525	6522		3130
6526	6523		3131
6527	6524		3132
6528	6525		3133
6529	6526		3134
6530	6527		3135
6531	6528		3136
6532	6529		3137
6533	6530		3138
6534	6531		3139
6535	6532		3140
6536	6533		3141
6537	6534		3142
6538	6535		3143
6539	6536		3144
6540	6537		3145
6541	6538		3146
6542	6539		3147
6543	6540		3148
6544	6541		3149
6545	6542		3150
6546		-	3151 HB190 Enrolled
	6543	+	3151
	6544	+	3152 HB190 Engrossed
6547	6545		Page 114
	6546	+	Section 2. Sections 45-37-123.31 and 45-37-123.110 are
	6547	+	added to the Code of Alabama 1975, to read as follows:
	6548	+	§45-37-123.31
	6549	+	The system, the pension board and each of its
	6550	+	individual members, and employees of the system, when acting
6548	6551		within the scope of its or their official capacity, shall be
6549	6552		immune from civil liability and not subject to legal claims
6550	6553		for damages by any individual, member, designated beneficiary
6551	6554		or other beneficiary, or entity, directly or by way of
6552	6555		contribution, for any decision, act, or omission resulting in
6553	6556		damage or injury unless the decision, act, or omission was
6554	6557		caused by willful and wanton conduct, grossly negligent
6555	6558		conduct, gross malfeasance, or gross misfeasance. For purposes
6556	6559		of this section, "official capacity" means any decision, act,
6557	6560		or omission taken by the pension board or its individual
6558	6561		members to further the purpose for which the system is
6559	6562		established.
6560	6563		§45-37-123.110
6561	6564		(a) To the extent allowed by law, in the event that all
6562	6565		or any portion of the benefit payable to a missing participant
6563	6566		or missing beneficiary shall remain unpaid either: (1) with
6564	6567		respect to a nonvested member, for more than five years
6565	6568		following the member's separation from service of the county;
6566	6569		or (2) with respect to a vested member, for more than five
6567	6570		years following the applicable date, as may be set forth in
6568	6571		any administrative policies established pursuant to Section
6569	6572		45-37-123.22(b)(5), the amount of the missing participant's or
6570	6573		missing beneficiary's benefit (as applicable) or employee
6571	6574		contributions, or both, in the sole discretion of the pension
6572		-	board, may be forfeited, subject to reinstatement as provided
6573		-	in subsection (b). During any period of forfeiture, the
6574		-	missing participant or missing beneficiary shall not be
6575		-	treated as a member under the plan. Prior to the forfeiture of
6576		-	a missing participant's or missing beneficiary's benefit or
6577		-	3152
6578	6575		3153
6579	6576		3154
6580	6577		3155
6581	6578		3156
6582	6579		3157
6583	6580		3158
6584	6581		3159
6585	6582		3160
6586	6583		3161
6587	6584		3162
6588	6585		3163
6589	6586		3164
6590	6587		3165
6591	6588		3166
6592	6589		3167
6593	6590		3168
6594	6591		3169
6595	6592		3170
6596	6593		3171
6597	6594		3172
6598	6595		3173
6599	6596		3174
6600	6597		3175
6601	6598		3176
6602	6599		3177
6603	6600		3178
6604		-	3179 HB190 Enrolled
	6601	+	3179
	6602	+	3180 HB190 Engrossed
6605	6603		Page 115
	6604	+	contributions, or both, in the sole discretion of the pension
	6605	+	board, may be forfeited, subject to reinstatement as provided
	6606	+	in subsection (b). During any period of forfeiture, the
	6607	+	missing participant or missing beneficiary shall not be
	6608	+	treated as a member under the plan. Prior to the forfeiture of
6606	6609		a missing participant's or missing beneficiary's benefit or
6607	6610		employee contributions, or both, the system shall attempt to
6608	6611		locate the missing participant or missing beneficiary through
6609	6612		reasonable search efforts, which efforts shall be determined
6610	6613		by the pension board in its sole discretion.
6611	6614		(b) In the event a missing participant or missing
6612	6615		beneficiary is located subsequent to the forfeiture of the
6613	6616		missing participant's or missing beneficiary's benefit or
6614	6617		employee contributions, or both, pursuant to subsection (a),
6615	6618		the benefit or employee contributions, or both, shall be
6616	6619		restored by the pension board without interest; provided,
6617	6620		however, that a benefit or employee contribution lost by
6618	6621		reason of escheat under applicable state law is not treated as
6619	6622		a forfeiture for purposes of this section nor as an
6620	6623		impermissible forfeiture under the Internal Revenue Code. In
6621	6624		the event that a nonvested missing participant dies subsequent
6622	6625		to a forfeiture of his or her employee contributions pursuant
6623	6626		to subsection (a), but before being located pursuant to this
6624	6627		subsection, the participant's refund shall be permanently
6625	6628		forfeited and there shall be no designated beneficiary or
6626	6629		other beneficiary for the refund. In no event shall any
6627	6630		forfeiture under the plan result in an increase in the benefit
6628	6631		to be paid to any member.
6629	6632		Section 3. Sections 45-37-123.52 and 45-37-123.53, Code
6630		-	of Alabama 1975, providing for termination of eligibility and
6631		-	the conversion of unpaid membership time to paid membership
6632		-	time, are repealed.
6633		-	Section 4. This act shall become effective on June 1,
6634		-	2024.
6635		-	3180
6636	6633		3181
6637	6634		3182
6638	6635		3183
6639	6636		3184
6640	6637		3185
6641	6638		3186
6642	6639		3187
6643	6640		3188
6644	6641		3189
6645	6642		3190
6646	6643		3191
6647	6644		3192
6648	6645		3193
6649	6646		3194
6650	6647		3195
6651	6648		3196
6652	6649		3197
6653	6650		3198
6654	6651		3199
6655	6652		3200
6656	6653		3201
6657	6654		3202
6658	6655		3203
6659	6656		3204
6660	6657		3205
6661	6658		3206
6662		-	3207 HB190 Enrolled
	6659	+	3207
	6660	+	3208 HB190 Engrossed
6663	6661		Page 116
	6662	+	Section 3. Sections 45-37-123.52 and 45-37-123.53, Code
	6663	+	of Alabama 1975, providing for termination of eligibility and
	6664	+	the conversion of unpaid membership time to paid membership
	6665	+	time, are repealed.
	6666	+	Section 4. This act shall become effective on June 1,
6664	6667		2024.
6665		-	________________________________________________
6666		-	Speaker of the House of Representatives
6667		-	________________________________________________
6668		-	President and Presiding Officer of the Senate
6669		-	House of Representatives
6670		-	I hereby certify that the within Act originated in and
6671		-	was passed by the House 07-Mar-24, as amended.
6672		-	John Treadwell
6673		-	Clerk
6674		-	Senate 25-Apr-24 Passed
6675		-	3208
6676	6668		3209
6677	6669		3210
6678	6670		3211
6679	6671		3212
6680		-	3213
	6672	+	3213 HB190 Engrossed
	6673	+	Page 117
	6674	+	2024.
	6675	+	House of Representatives
	6676	+	Read for the first time and referred
	6677	+	to the House of Representatives
	6678	+	committee on Jefferson County
	6679	+	Legislation
	6680	+	................20-Feb-24
	6681	+	Read for the second time and placed
	6682	+	on the calendar:
	6683	+	1 amendment
	6684	+	................06-Mar-24
	6685	+	Read for the third time and passed
	6686	+	as amended
	6687	+	Yeas 25
	6688	+	Nays 0
	6689	+	Abstains 78
	6690	+	................07-Mar-24
	6691	+	John Treadwell
	6692	+	Clerk
6681	6693		3214
6682	6694		3215
6683	6695		3216
6684	6696		3217
6685	6697		3218
6686	6698		3219
6687	6699		3220
6688	6700		3221
6689	6701		3222
6690	6702		3223
6691	6703		3224
6692	6704		3225
6693	6705		3226
6694	6706		3227
6695	6707		3228
6696	6708		3229
6697	6709		3230
6698	6710		3231
6699	6711		3232
6700	6712		3233
6701	6713		3234
6702	6714		3235
6703		-	3236
6704		-	3237
6705		-	3238