Ala. Code § 36-27-24 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-24
Section 36-27-24 Funds for Assets of Retirement System - Creation; Composition; Disposition of Funds; Appropriations
Status: in_force

(a) Effective October 1, 1997, all the assets of the retirement system shall be credited according to the purpose for which they are held among three funds, namely, the Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued as of such date and the balance of the former Pension Reserve Fund shall be transferred to the Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be transferred to the Pension Accumulation Fund.

(b) Annuity Savings Fund. The Annuity Savings Fund shall be a fund in which shall be accumulated contributions from the compensation of members to provide for their annuities.

Contributions to and payments from the Annuity Savings Fund shall be made as follows: Effective October 1, 1971, each employer shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period five percent of his or her earnable compensation; except, that in the case of a state policeman, the rate of 10 percent of earnable compensation shall apply, and in computing all retirement benefits it shall be assumed that a seven percent rate of contribution had applied with respect to service as a state policeman prior to July 1, 1957. For all pay dates beginning on or after October 1, 2011, each employer, except those employers participating pursuant to Section 36-27-6, shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period seven and one-quarter percent (7.25%) of his or her earnable compensation; except, that in the case of a state policeman, the rate of ten percent (10%) of earnable compensation shall apply. For all pay dates beginning on or after October 1, 2012, each employer, except those employers participating pursuant to Section 36-27-6, shall cause to be deducted from the salary of each Tier I plan member on each and every payroll of such employer for each and every payroll period seven and one-half percent (7.5%) of his or her earnable compensation; except, that in the case of a state policeman, the rate of ten percent (10%) of earnable compensation shall apply. For all pay dates beginning on or after January 1, 2013, each employer shall cause to be deducted from the salary of each Tier II plan member on each and every payroll period six percent (6%) of his or her earnable compensation; except that in the case of a state policeman, the rate of ten percent (10%) shall apply and in the case of a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, the rate of seven percent (7%) shall apply. Any employer participating under Section 36-27-6, by adoption of a resolution, may elect for the increases in employee contributions provided by Act 2011-676 to be withheld from the earnable compensation of employees of the employer. In determining the amount earnable by a member in a payroll period, the Board of Control may consider the rate of annual compensation payable to such member on the first day of the payroll period as continuing through such payroll period, and it may omit deductions from compensation for any period less than a full payroll period if an employee was not a member on the first day of the payroll period, and, to facilitate the making of deductions, it may modify the deductions required of any member by such an amount as shall not exceed one tenth of one percent of the annual compensation upon the basis of which such deductions are made.

The deductions provided for in this subsection shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deduction made and provided for in this subsection and shall receipt for his or her full salary or compensation and payment of salary or compensation less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this article. The employer shall certify to the Board of Control in each and every payroll or in such other manner as the board may prescribe the amounts to be deducted, and each of the amounts shall be deducted and, when deducted, shall be paid into the Annuity Savings Fund and shall be credited, together with regular interest thereon, to the individual account of the member from whose compensation the deduction was made.

In addition to the contributions deducted from compensation as provided in this subsection, subject to the approval of the Board of Control, any member may deposit in the Annuity Savings Fund by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his or her prospective retirement allowance, will provide for him or her a total retirement allowance not to exceed one half of his or her average final compensation at age 60. Such additional amounts so deposited shall become a part of his or her accumulated contributions, except in the case of retirement, when they shall be treated as excess contributions returnable to the member in cash or as an annuity of equivalent actuarial value and shall not be considered in computing his or her pension.

The contributions and interest credits of a member withdrawn by him or her or paid to his or her estate or to his or her designated beneficiary in event of his or her death shall be paid from the Annuity Savings Fund. Should a member cease to be a member other than by retirement under the provisions of this article, an amount equivalent to the difference, if any, between his or her accumulated contributions and the amount then paid shall be transferred to the Expense Fund. Upon the retirement of a member or the death of an eligible member where an allowance to a surviving spouse or other designated beneficiary is payable, his or her accumulated contributions shall be transferred from the Annuity Savings Fund to the Pension Accumulation Fund.

Notwithstanding the preceding provisions, no deductions shall be made from any member’s salary on account of which the employer’s contributions are in default.

The State Personnel Board, with the approval of the Governor, may provide that the state shall pick up member contributions to the Employees’ Retirement System of Alabama as required by this subsection on behalf of all state employees who participate in the Employees’ Retirement System by a corresponding reduction in the salary of the member, such pick-up to be mandatory for all such employees, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. These contributions shall be paid from the same source of funds which is used in paying earnings to the employee. If employee contributions are so picked up they shall be treated for all other purposes of state law in the same manner and to the same extent as employee contributions made prior to the date picked up.

(c) Pension Accumulation Fund. The Pension Accumulation Fund shall be the fund in which shall be accumulated all reserves other than the amounts held in the Annuity Savings Fund for the payment of all pensions, all allowances granted to surviving spouses or other designated beneficiaries and other benefits payable from contributions made by the employer and from which shall be paid all pensions, all allowances granted to surviving spouses or other designated beneficiaries and other benefits on account of members with prior service credit.

Contributions to and payments from the Pension Accumulation Fund shall be made as follows: On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the earnable compensation of each member to be known as the “normal contribution” and an additional amount equal to a percentage of his or her earnable compensation to be known as the “accrued liability contribution,” and these two amounts shall be paid monthly into the Pension Accumulation Fund; provided, that in the case of a state policeman, such percentage rates of contributions shall be calculated separately. The percentage rate of such contributions shall be fixed for each fiscal year on the basis of the liabilities of the retirement system as shown by the last annual actuarial valuation, and such percentage rate as established by such valuation shall take effect the following October 1 and continue in effect for the fiscal year.

On the basis of regular interest and of such mortality and other tables as shall be adopted by the Board of Control, the actuary engaged by the board to make such valuation required by this article during the period over which the accrued liability contribution is payable shall, immediately after making such valuation, determine the uniform and constant percentage of the earnable compensation of the average new entrant which, if contributed on the basis of his or her compensation throughout his or her entire period of active service, would be sufficient to provide for the payment of any pension payable on his or her account. The percentage rate so determined shall be known as the “normal contribution” rate. The normal rate of contributions shall be determined by the actuary after each valuation.

The accrued liability contribution rate shall be computed by the actuary on the basis of each valuation as the percentage rate of the total annual compensation of all members which is sufficient to liquidate the accrued liability over a period to be determined by the Board of Control which shall be not less than 10 nor more than 30 years.

The unfunded accrued liability shall be computed by the actuary as the total liabilities of the system which are not dischargeable by the assets of the Annuity Savings Fund and the Pension Accumulation Fund and the present value of the aforesaid normal contributions.

For purposes of computing the unfunded accrued liability the assets shall be determined as follows:

On September 30, 1997, the assets shall be determined by using the market value of such assets. For subsequent years the value of the assets shall be determined by the system’s actuary using a five year smoothed market value.

The total amount payable in each year to the Pension Accumulation Fund shall be not less than the sum of the percentage rates known as the normal contribution rate and the accrued liability contribution rate of the total compensation earnable by all members during the preceding year.

All interest and dividends earned on the funds of the retirement system shall be credited to the Pension Accumulation Fund. The amounts needed to allow a regular interest on the reserves in the Annuity Savings Fund shall be transferred in accordance with this article from the Pension Accumulation Fund. The Board of Control, in its discretion, may transfer to and from the Pension Accumulation Fund the amounts of any surplus or deficit which may develop in the Annuity Savings Fund, or the Expense Fund.

Upon the death of a member on account of whom no survivor allowance is payable under subdivisions (2) and (3) of subsection (c) of Section 36-27-16, the death benefit as provided in subdivision (4) of subsection (c) of Section 36-27-16 equal to the accumulated contributions, not to exceed $5,000.00, shall be payable from the Pension Accumulation Fund.

(d) Expense Fund. The Expense Fund shall be the fund from which the expenses of the administration of the retirement system shall be paid, exclusive of amounts payable as retirement allowances and as other benefits provided in this chapter. In addition thereto and on account of each member of the retirement system, there shall be paid monthly by the employer an amount equal to a certain percentage of the earnable compensation of each member for the administrative expenses of the retirement system. The percentage rate of such contribution shall be fixed by the Board of Control on the basis of the cost exclusive of that provided by interest not returnable. Any amounts credited to the accounts of the members withdrawing before retirement and not returnable under the provisions of subsection (c) of Section 36-27-16 shall be credited to the Expense Fund.

(e) Employer’s contributions. For each biennium beginning October 1, 1965, each employer shall pay to the retirement system the rates provided in this section and thereafter, at least 30 days preceding October 1 of each fiscal year, the Board of Control shall certify to the chief fiscal officer of each employer the percentage rates of earnable compensation of the members required to be paid to the retirement system in accordance with subsections (c) and (d) of this section.

The employer’s contribution on account of the membership of employees whose salaries are paid in whole or in part from funds derived from federal grants shall be paid from funds derived from the federal grants in accordance with statutes governing the administration of the grants and in proportion to salaries paid therefrom. At such time and in such manner as may be required, the Board of Control shall certify to each department of state receiving a federal grant the amount due and payable from the grant as the employer’s contribution to the retirement system on account of the membership of the department whose salaries are paid in whole or in part from funds derived from such federal grants. The fiscal agent of the department shall authorize the state Comptroller to draw a warrant or warrants in payment of the amount certified as due and payable from federal grants.

(f) Appropriations. There is hereby appropriated annually from the fund from which salaries of the employees of each employer are paid the amounts sufficient to carry out the provisions of this section. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the employer contribution of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.

(g) Employer cost provided for in this article together with member contributions required under this article shall be paid to the Employees’ Retirement System on the first day of the month following the month in which the related member salary is earned. Delinquent accounts shall accrue interest at the actuarial assumed investment rate beginning 30 days after the original due date. The member contributions for each member shall be reported to the Employees’ Retirement System in a format prescribed by the Employees’ Retirement System.
Ala. Code § 36-6-112 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-112
Section 36-6-112 Inapplicability to Certain Employees
Status: in_force

(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee or to any appellate judge.

(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
Ala. Code § 36-27-55.3 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-55.3
Section 36-27-55.3 Purchase of Credit for Prior Service as a Welcome Center Employee
Status: in_force

(a) An active and contributing member of the Employees’ Retirement System, who is also a vested member of the system, may purchase service credit in the system not to exceed five years for any period of prior service while he or she was employed at a welcome center for the state while employees of the welcome centers were not allowed to be members of the system. The Board of Control of the Employees’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the prior service for which the member desires to purchase credit in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall be eligible to receive credit for any period of time for which the member is already receiving credit in the system or in any other retirement plan, with the exception of the federal Social Security program.

(b) Any employee electing to purchase service credit pursuant to subsection (a) shall remit to the Secretary-Treasurer of the Employees’ Retirement System, within one year of October 1, 1997, for each year of service credit, a percentage of his or her current annual earnable compensation or average final compensation, whichever is greater; the applicable percentage of the annual earnable compensation, or average final compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
Ala. Code § 36-13-5 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-5
Section 36-13-5 Copyright of Statutes
Status: in_force

The Code Commissioner shall have each volume of the pamphlet acts of the Legislature at each session thereof and each volume of the code copyrighted for the use and benefit of the state.
Ala. Code § 36-18-30 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-30
Section 36-18-30 Admissibility of Evidence Relating to Use of Genetic Markers
Status: in_force

Expert testimony or evidence relating to the use of genetic markers contained in or derived from DNA for identification purposes shall be admissible and accepted as evidence in all cases arising in all courts of this state, provided, however, the trial court shall be satisfied that the expert testimony or evidence meets the criteria for admissibility as set forth by the United States Supreme Court in Daubert, et. ux., et. al., v. Merrell Dow Pharmaceuticals, Inc., decided on June 28, 1993.
Ala. Code § 36-7-24 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-24
Section 36-7-24 Prepayment of Traveling Expenses of State Officers and Employees; Annual Examination and Report of Public Accounts
Status: in_force

(a) The departments and agencies of the State of Alabama are hereby authorized to prepay to employees of those departments and agencies an amount of money to be determined by the appointing authority of the various departments and agencies to pay necessary travel expenses for any one period of travel for such employees on authorized official state business inside or outside the State of Alabama. Such payment shall be made in accordance with rules and regulations promulgated by the state Comptroller and approved by the Chief Examiner of Public Accounts. Provided, that the state Comptroller, in accordance with the procedure provided above, shall establish the maximum amount that may be prepaid for any officer or employee for any one period of travel.

(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts.
Ala. Code § 36-6-102 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-102
Section 36-6-102 Revision to Schedule of Rates
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-25-1.1 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-1.1
Section 36-25-1.1 Lobbying
Status: in_force

Lobbying includes promoting or attempting to influence the awarding of a grant or contract with any department or agency of the executive, legislative, or judicial branch of state government.

No member of the Legislature, for a fee, reward, or other compensation, in addition to that received in his or her official capacity, shall represent any person, firm, corporation, or other business entity before an executive department or agency.
Ala. Code § 36-27-21.3 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21.3
Section 36-27-21.3 Cost-of-Living Increases; Funding
Status: reserved

(a) There is hereby provided, commencing October 1, 1982, to any person retired prior to October 1, 1981, under the Teachers’ Retirement System or Employees’ Retirement System of Alabama and who is receiving a retirement allowance therefrom, a cost-of-living increase of $1.00 per month for each year of creditable service attained by said member; provided any person retired under the provisions of Section 36-27-7, or 36-27-7.1 shall receive an increase of $.50 per month for each year of creditable service attained by said member. In addition to the foregoing amount an additional $1.00 per month increase may be granted upon the occurrence of certain conditions set forth in subsection (e) of this section; provided any person retired under the provisions of Section 36-27-7, or 36-27-7.1 may receive an additional $.50 per month increase upon the occurrence of certain conditions pursuant to subsection (e) of this section. Effective October 1, 1983, the full increase of $2.00 per month shall become effective and shall be funded pursuant to subsection (e) of this section; provided any person retired pursuant to Section 36-27-7, or 36-27-7.1 shall receive an increase of $1.00 per month, and said increase shall be funded pursuant to subsection (e) of this section.

(b) Any person retired under the Judicial Retirement Fund of Alabama as provided for in Title 12, Chapter 18, shall not be deemed a retiree of the Teachers’ or Employees’ Retirement System of Alabama for purposes of this section and shall not be entitled to receive the cost-of-living increase provided.

(c)(1)a. There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama $2,858,843.00. In addition to the foregoing amount it is the intent of the Legislature that the sum of $3,290,460.00, said amount being appropriated in excess of the required amount to fund the Teachers’ Retirement System of Alabama for the 1981-82 fiscal year, be used to fund the provisions of this section. It is further provided that any funds available from the earnings, assets or appropriations to the Teachers’ Retirement System of Alabama in accordance with subsection (e) of this section are hereby allocated and expended as may be necessary to carry out the provisions of this section.

b. For each fiscal year thereafter, the Board of Control shall determine the cost of benefits under this section as the percentage rate of earnable compensation of members required to be paid to the Teachers’ Retirement System. The employers’ payments on account of the increases provided in this subdivision shall be paid in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the costs of providing the increases provided for in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(2)a. There is hereby appropriated from the Education Trust Fund to the Employees’ Retirement System of Alabama $49,750.00 for the fiscal year beginning October 1, 1982, or such amounts as are necessary to carry out the provisions of this section, as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System. In addition, it is further provided that any funds available from the assets of or the appropriation to the Employees’ Retirement System of Alabama in accordance with subsection (e) of this section are hereby allocated and expended as may be necessary to carry out the provisions of this section.

b. For each fiscal year thereafter the Board of Control shall determine the amount necessary to fund the cost of benefits provided in this subdivision and the cost thereof shall be collected as provided in paragraph b. of subdivision (1) of subsection (c) above and transferred from the Teachers’ Retirement System to the Employees’ Retirement System.

(3)a. There is hereby appropriated from the General Fund to the Employees’ Retirement System of Alabama $1,462,030.00 for the fiscal year beginning October 1, 1982. In addition, it is further provided that any funds available from the earnings, assets or the appropriations to the Employees’ Retirement System of Alabama in accordance with subsection (e) of this section are hereby allocated and expended as may be necessary to carry out the provisions of this section.

b. The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(4) Subsequent appropriations to the Teachers’ and Employees’ Retirement Systems shall be reduced to only the amount necessary to fund the benefit increases herein provided in subsection (a) of this section.

(5) No person whose retirement under the Teachers’ or Employees’ Retirement System is based on 51 percent or more service as an employee of an employer participating under Section 36-27-6 shall be entitled to the benefits provided in subsection (a) of this section, unless such employer elects to come under the provisions of said subsection. Any employer making such election, except local boards of education and state institutions of higher education for which funding is provided above herein, must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this subsection at the beginning of any future fiscal year and said employer shall not be required to pay said cost-of-living increase retroactively.

(d) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided in subsection (a) of this section shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided in subsection (a) of this section, shall not be entitled to receive said increase subsequent to the date the member files application for benefits under the Medicaid program.

(e) It is the intent of the Legislature that the additional cost-of-living increase granted to certain retired persons under the provisions of this section be financed, if possible, from existing funds of the Employees’ Retirement System and the Teachers’ Retirement System under the following provisions and conditions:

(1)a. If the regular actuarial firm employed by the Boards of Control of the Employees’ and Teachers’ Retirement Systems finds that the authorized additional cost-of-living increase can be paid for the fiscal year 1982-83 from existing funds of the systems without having serious adverse impact actuarially on the retirement systems, the Boards of Control of the retirement systems are hereby authorized and instructed to pay such additional cost-of-living increase beginning October 1, 1982. It is the intent of this legislation as pertains to future like funding, that such funding shall be made in accordance with Section 16-25-28, as pertains to actuarial soundness.

b. Further provided, if the actuarial report is not received by October 1, 1982, but meets the above condition when it is received during fiscal year 1982-83, then the cost-of-living increase shall be paid retroactively to October 1, 1982.

(2) If the conditions in (1) above are not met, the full cost-of-living increase shall be paid beginning October 1, 1983, and the cost of this benefit shall be included in the amount certified by the Board of Control to be contributed by the state under the provisions of Section 16-25-21 or 36-27-24 or any other applicable provision of law.

The provisions of this subsection shall govern and override any seeming or actual conflicts with other provisions of this section.

(f) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to retired members of the Teachers’ and Employees’ Retirement Systems of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 36-21-20 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-20
Section 36-21-20 Governor Authorized to Call Out Municipal Police to Preserve Peace, Etc., Within State in Case of Riots, Etc
Status: in_force

Whenever it shall be made to appear to the satisfaction of the Governor that there has occurred or there is reasonable cause to apprehend at any place within the state the outbreak of any riot, rout, tumult, insurrection, mob or combination to oppose the enforcement of the laws or to break the peace by force or violence which cannot be speedily suppressed or effectually prevented by the ordinary posse comitatus and peace officers or there shall be an assemblage of persons over 10 in number with intent to commit a felony or to offer violence to person or property or with intent to oppose or resist by force or violence the execution of the laws of the state or any lawful process of any court or officer thereof or the due execution of any legal ordinance or bylaw of any municipal corporation and that there is not present at the locality a sufficient force of peace officers to preserve the peace and to enforce the laws, the Governor may call to his aid and to the aid of the local peace authorities such number of police, patrolmen or police officers of any town or city as he may deem necessary and order them to the locality where needed to preserve the peace and arrest and prosecute according to law any person violating the laws of the state.
Ala. Code § 36-6-133 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-133
Section 36-6-133 Revision to Schedule of Rates
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-22-41 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-41
Section 36-22-41 Disability Benefits
Status: in_force

Any sheriff of any county of this state who served as a law-enforcement officer for at least 20 years, 16 of which have been as a sheriff, and who becomes totally disabled while performing duties relative to law enforcement shall be able to receive disability payments equal to the retirement payments set out in Section 36-22-43, and shall continue to receive said disability payments only so long as said person suffers said total disability.
Ala. Code § 36-26A-1 — Alabama Code / Title 36 / Chapter 26A / Section 36-26A-1
Section 36-26A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as “The State Employees Protection Act.”
Ala. Code § 36-25-1 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-1
Section 36-25-1 Definitions
Status: in_force

Whenever used in this chapter, the following words and terms shall have the following meanings:

(1) BUSINESS. Any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, or any other legal entity.

(2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the person or a member of his or her family is an officer, owner, partner, board of director member, employee, or holder of more than five percent of the fair market value of the business.

(3) CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in Section 17-5-2.

(4) COMMISSION. The State Ethics Commission.

(5) COMPLAINT. Written allegation or allegations that a violation of this chapter has occurred.

(6) COMPLAINANT. A person who alleges a violation or violations of this chapter by filing a complaint against a respondent.

(7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this chapter, together with any statement, conversations, knowledge of evidence, or information received from the complainant, witness, or other person related to such complaint.

(8) CONFLICT OF INTEREST. A conflict on the part of a public official or public employee between his or her private interests and the official responsibilities inherent in an office of public trust. A conflict of interest involves any action, inaction, or decision by a public official or public employee in the discharge of his or her official duties which would materially affect his or her financial interest or those of his or her family members or any business with which the person is associated in a manner different from the manner it affects the other members of the class to which he or she belongs. A conflict of interest shall not include any of the following:

a. A loan or financial transaction made or conducted in the ordinary course of business.

b. An occasional nonpecuniary award publicly presented by an organization for performance of public service.

c. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for the personal attendance of a public official or public employee at a convention or other meeting at which he or she is scheduled to meaningfully participate in connection with his or her official duties and for which attendance no reimbursement is made by the state.

d. Any campaign contribution, including the purchase of tickets to, or advertisements in journals, for political or testimonial dinners, if the contribution is actually used for political purposes and is not given under circumstances from which it could reasonably be inferred that the purpose of the contribution is to substantially influence a public official in the performance of his or her official duties.

(9) DAY. Calendar day.

(10) DEPENDENT. Any person, regardless of his or her legal residence or domicile, who receives 50 percent or more of his or her support from the public official or public employee or his or her spouse or who resided with the public official or public employee for more than 180 days during the reporting period.

(11) DE MINIMIS. A value twenty-five dollars ($25) or less per occasion and an aggregate of fifty dollars ($50) or less in a calendar year from any single provider, or such other amounts as may be prescribed by the Ethics Commission from time to time by rule pursuant to the Administrative Procedure Act or adjusted each four years from August 1, 2012, to reflect any increase in the cost of living as indicated by the United States Department of Labor Consumer Price Index or any succeeding equivalent index.

(12) ECONOMIC DEVELOPMENT FUNCTION. Any function reasonably and directly related to the advancement of a specific, good-faith economic development or trade promotion project or objective.

(13) EDUCATIONAL FUNCTION. A meeting, event, or activity held within the State of Alabama, or if the function is predominantly attended by participants from other states, held within the continental United States, which is organized around a formal program or agenda of educational or informational speeches, debates, panel discussions, or other presentations concerning matters within the scope of the participants’ official duties or other matters of public policy, including social services and community development policies, economic development or trade, ethics, government services or programs, or government operations, and which, taking into account the totality of the program or agenda, could not reasonably be perceived as a subterfuge for a purely social, recreational, or entertainment function.

(14) FAMILY MEMBER OF THE PUBLIC EMPLOYEE. The spouse or a dependent of the public employee.

(15) FAMILY MEMBER OF THE PUBLIC OFFICIAL. The spouse, a dependent, an adult child and his or her spouse, a parent, a spouse’s parents, a sibling and his or her spouse, of the public official.

(16) GOVERNMENTAL CORPORATIONS AND AUTHORITIES. Public or private corporations and authorities, including but not limited to, hospitals or other health care corporations, established pursuant to state law by state, county, or municipal governments for the purpose of carrying out a specific governmental function. Notwithstanding the foregoing, all employees, including contract employees, of hospitals or other health care corporations and authorities are exempt from the provisions of this chapter.

(17) HOUSEHOLD. The public official, public employee, and his or her spouse and dependents.

(18) LAW ENFORCEMENT OFFICER. A full-time employee of a governmental unit responsible for the prevention or investigation of crime who is authorized by law to carry firearms, execute search warrants, and make arrests.

(19) LEGISLATIVE BODY. The term “legislative body” includes the following:

a. The Legislature of Alabama, which includes both the Senate of Alabama and the House of Representatives of Alabama, unless specified otherwise by the express language of any provision herein, and any committee or subcommittee thereof.

b. A county commission, and any committee or subcommittee thereof.

c. A city council, city commission, town council, or other municipal council or commission, and any committee or subcommittee thereof.

(20) LOBBY or LOBBYING. The practice of promoting, opposing, or in any manner influencing or attempting to influence the introduction, defeat, or enactment of legislation before any legislative body; opposing or in any manner influencing the executive approval, veto, or amendment of legislation; or the practice of promoting, opposing, or in any manner influencing or attempting to influence the enactment, promulgation, modification, or deletion of regulations before any regulatory body. The term does not include providing public testimony before a legislative body or regulatory body or any committee thereof.

(21) LOBBYIST.

a. The term lobbyist includes any of the following:

1. A person who receives compensation or reimbursement from another person, group, or entity to lobby.

2. A person who lobbies as a regular and usual part of employment, whether or not any compensation in addition to regular salary and benefits is received.

3. A consultant to the state, county, or municipal levels of government or their instrumentalities, in any manner employed to influence legislation or regulation, regardless whether the consultant is paid in whole or part from state, county, municipal, or private funds.

4. An employee, a paid consultant, or a member of the staff of a lobbyist, whether or not he or she is paid, who regularly communicates with members of a legislative body regarding pending legislation and other matters while the legislative body is in session.

b. The term lobbyist does not include any of the following:

1. An elected official on a matter which involves that person’s official duties.

2. A person or attorney rendering professional services in drafting bills or in advising clients and in rendering opinions as to the construction and effect of proposed or pending legislation, executive action, or rules or regulations, where those professional services are not otherwise connected with legislative, executive, or regulatory action.

3. Reporters and editors while pursuing normal reportorial and editorial duties.

4. Any citizen not lobbying for compensation who contacts a member of a legislative body, or gives public testimony on a particular issue or on particular legislation, or for the purpose of influencing legislation and who is merely exercising his or her constitutional right to communicate with members of a legislative body.

5. A person who appears before a legislative body, a regulatory body, or an executive agency to either sell or purchase goods or services.

6. A person whose primary duties or responsibilities do not include lobbying, but who may, from time to time, organize social events for members of a legislative body to meet and confer with members of professional organizations and who may have only irregular contacts with members of a legislative body when the body is not in session or when the body is in recess.

7. A person who is a member of a business, professional, or membership organization by virtue of the person’s contribution to or payment of dues to the organization even though the organization engages in lobbying activities.

8. A state governmental agency head or his or her designee who provides or communicates, or both, information relating to policy or positions, or both, affecting the governmental agencies which he or she represents.

(22) MINOR VIOLATION.

a. Any violation of this chapter in which the public official receives an economic gain in an amount less than one thousand five hundred dollars ($1,500) or the governmental entity has an economic loss of less than one thousand five hundred dollars ($1,500).

b. Any violation of this chapter by a public employee as determined in the discretion of the commission and the Attorney General or the district attorney for the appropriate jurisdiction based upon consideration of the following factors:

1. The public employee has made substantial or full restitution to the victim or victims.

2. The violation did not involve multiple participants.

3. The violation did not involve great monetary gain to the public employee or great monetary loss to the victim or victims.

4. The violation did not involve a high degree of sophistication or planning, did not occur over a lengthy period of time, or did not involve multiple victims and did not involve a single victim that was victimized more than once.

5. The public employee has resigned or been terminated from the position occupied during which the violation occurred and is otherwise not a current public employee.

(23) PERSON. A business, individual, corporation, partnership, union, association, firm, committee, club, or other organization or group of persons.

(24) PRINCIPAL. A person or business which employs, hires, or otherwise retains a lobbyist. A principal is not a lobbyist but is not allowed to give a thing of value.

(25) PROBABLE CAUSE. A finding that the allegations are more likely than not to have occurred.

(26) PUBLIC EMPLOYEE. Any person employed at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities, but excluding employees of hospitals or other health care corporations including contract employees of those hospitals or other health care corporations, who is paid in whole or in part from state, county, or municipal funds. For purposes of this chapter, a public employee does not include a person employed on a part-time basis whose employment is limited to providing professional services other than lobbying, the compensation for which constitutes less than 50 percent of the part-time employee’s income.

(27) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. For purposes of this chapter, a public official includes the chairs and vice-chairs or the equivalent offices of each state political party as defined in Section 17-13-40.

(28) REGULATORY BODY. A state agency which issues regulations in accordance with the Alabama Administrative Procedure Act or a state, county, or municipal department, agency, board, or commission which controls, according to rule or regulation, the activities, business licensure, or functions of any group, person, or persons.

(29) REPORTING PERIOD. The reporting official’s or employee’s fiscal tax year as it applies to his or her United States personal income tax return.

(30) REPORTING YEAR. The reporting official’s or employee’s fiscal tax year as it applies to his or her United States personal income tax return.

(31) RESPONDENT. A person alleged to have violated a provision of this chapter and against whom a complaint has been filed with the commission.

(32) STATEMENT OF ECONOMIC INTERESTS. A financial disclosure form made available by the commission which shall be completed and filed with the commission prior to April 30 of each year covering the preceding calendar year by certain public officials and public employees.

(33) SUPERVISOR. Any person having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, or discipline other public employees, or any person responsible to direct them, or to adjust their grievances, or to recommend personnel action, if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment.

(34) THING OF VALUE.

a. Any gift, benefit, favor, service, gratuity, tickets or passes to an entertainment, social or sporting event, unsecured loan, other than those loans and forbearances made in the ordinary course of business, reward, promise of future employment, or honoraria or other item of monetary value.

b. The term, thing of value, does not include any of the following, provided that no particular course of action is required as a condition to the receipt thereof:

1. A contribution reported under Chapter 5 of Title 17 or a contribution to an inaugural or transition committee.

2. Anything given by a family member of the recipient under circumstances which make it clear that it is motivated by a family relationship.

3. Anything given by a friend of the recipient under circumstances which make it clear that it is motivated by a friendship and not given because of the recipient’s official position. Relevant factors include whether the friendship preexisted the recipient’s status as a public employee, public official, or candidate and whether gifts have been previously exchanged between them.

4. Greeting cards, and other items, services with little intrinsic value which are intended solely for presentation, such as plaques, certificates, and trophies, promotional items commonly distributed to the general public, and items or services of de minimis value.

5. Loans from banks and other financial institutions on terms generally available to the public.

6. Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all government employees.

7. Rewards and prizes given to competitors in contests or events, including random drawings, which are open to the public.

8. Anything that is paid for by a governmental entity or an entity created by a governmental entity to support the governmental entity or secured by a governmental entity under contract, except for tickets to a sporting event offered by an educational institution to anyone other than faculty, staff, or administration of the institution.

9. Anything for which the recipient pays full value.

10. Compensation and other benefits earned from a non-government employer, vendor, client, prospective employer, or other business relationship in the ordinary course of employment or non-governmental business activities under circumstances which make it clear that the thing is provided for reasons unrelated to the recipient’s public service as a public official or public employee.

11. Any assistance provided or rendered in connection with a safety or a health emergency.

12. Payment of or reimbursement for actual and necessary transportation and lodging expenses, as well as waiver of registration fees and similar costs, to facilitate the attendance of a public official or public employee, and the spouse of the public official or public employee, at an educational function or widely attended event of which the person is a primary sponsor. This exclusion applies only if the public official or public employee meaningfully participates in the event as a speaker or a panel participant, by presenting information related to his or her agency or matters pending before his or her agency, or by performing a ceremonial function appropriate to his or her official position; or if the public official’s or public employee’s attendance at the event is appropriate to the performance of his or her official duties or representative function.

13. Payment of or reimbursement for actual and necessary transportation and lodging expenses to facilitate a public official’s or public employee’s participation in an economic development function.

14. Hospitality, meals, and other food and beverages provided to a public official or public employee, and the spouse of the public official or public employee, as an integral part of an educational function, economic development function, work session, or widely attended event, such as a luncheon, banquet, or reception hosted by a civic club, chamber of commerce, charitable or educational organization, or trade or professional association.

15. Any function or activity pre-certified by the Director of the Ethics Commission as a function that meets any of the above criteria.

16. Meals and other food and beverages provided to a public official or public employee in a setting other than any of the above functions not to exceed for a lobbyist twenty-five dollars ($25) per meal with a limit of one hundred fifty dollars ($150) per year; and not to exceed for a principal fifty dollars ($50) per meal with a limit of two hundred fifty dollars ($250) per year. Notwithstanding the foregoing, the lobbyist’s limits herein shall not count against the principal’s limits and likewise, the principal’s limits shall not count against the lobbyist’s limits.

17. Anything either (i) provided by an association or organization to which the state or, in the case of a local government official or employee, the local government pays annual dues as a membership requirement or (ii) provided by an association or organization to a public official who is a member of the association or organization and, as a result of his or her service to the association or organization, is deemed to be a public official. Further included in this exception is payment of reasonable compensation by a professional or local government association or corporation to a public official who is also an elected officer or director of the professional or local government association or corporation for services actually provided to the association or corporation in his or her capacity as an officer or director.

18. Any benefit received as a discount on accommodations, when the discount is given to the public official because the public official is a member of an organization or association whose entire membership receives the discount.

c. Nothing in this chapter shall be deemed to limit, prohibit, or otherwise require the disclosure of gifts through inheritance received by a public employee or public official.

(35) VALUE. The fair market price of a like item if purchased by a private citizen. In the case of tickets to social and sporting events and associated passes, the value is the face value printed on the ticket.

(36) WIDELY ATTENDED EVENT. A gathering, dinner, reception, or other event of mutual interest to a number of parties at which it is reasonably expected that more than 12 individuals will attend and that individuals with a diversity of views or interest will be present.
Ala. Code § 36-5-1 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-1
Section 36-5-1 Filing and Recordation of Official Bonds of State Officials, Agents, Etc., Generally; Filing and Recordation of Bond of Secretary of State
Status: in_force

The official bond of every state official, agent or employee, except the bond of the Secretary of State, must be filed in the office of the Secretary of State and recorded in a fair hand or by printing the same or by the use of a typewriter or other writing or printing or photostatic machine, word for word in a well-bound book or books and indexed in alphabetical order according to the title of the office, and all of said bonds shall remain on file and in the custody of the Secretary of State, except the bond of the Secretary of State, which shall be filed, recorded and remain in the custody of the Auditor.
Ala. Code § 36-26-5 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-5
Section 36-26-5 State Personnel Board - Composition; Appointment, Qualifications, Terms of Office, Removal and Compensation of Members; Procedure for Electing Classified Employee Member
Status: in_force

(a) The State Personnel Board shall consist of five persons, as follows:

(1) Two persons appointed by the Governor, one of them whose term shall expire on February 1, 1985, and one of them whose term shall expire on February 1, 1986, one person appointed by the Speaker of the Alabama House of Representatives, whose term shall expire February 1, 1987, one person appointed by the Lieutenant Governor of the State of Alabama, whose term shall expire February 1, 1988, and one person who shall be a classified employee elected as hereinafter provided, whose term shall expire February 1, 1989.

(2) The terms of the present members of the State Personnel Board shall end on the last day of August, 1983. The new members of the personnel board shall begin their terms on September 1, 1983. If any vacancy occurs on the board, or at the expiration of the original terms therein above established, such vacancies shall be filled by the original appointing authority, for said position. After the expiration of these original terms herein above outlined, all subsequent terms shall be for six years, except for appointments to fill unexpired terms, which shall expire on the same date their predecessor’s term expired. Each member shall be required to take the constitutional oath of office before entering upon their duties. The board shall designate one of its members as chairman. Three members of the board shall constitute a quorum for the transaction of business. Each member shall be a person over 19 years of age, of recognized character and ability, shall have been a bona fide resident and qualified voter of this state for not less than five years and shall not, when appointed nor for three years then last passed before the date of his appointment, have held elected public or party office nor have been a candidate for such office. No two appointed members of said personnel board shall be appointed from any one congressional district of the state. A member of the board may be removed from office for the same causes and by the same procedures as provided by the Constitution and statutes of Alabama for impeachment of sheriffs. Each member of the board shall receive a per diem of $50.00 and expenses for attendance upon meeting of the board. No member shall receive total compensation in excess of $1,200.00 per annum, excluding expenses and excluding compensation received for attendance upon trial of charges preferred against employees as provided in this article.

(b) One member shall be elected by a majority vote of the full-time state employees. For his or her original term, they shall serve until February 1, 1989, and thereafter elected members shall serve six-year terms. Two months prior to the expiration of the seat for the member of the classified service, employees desiring to serve shall file with the state Comptroller notice of their intent to run for the position. The Comptroller shall cause to be prepared ballots for distribution to all state employees with their paychecks during the first pay period, one month prior to the election. Each state payroll clerk within one week shall collect the executed ballots and return them to the Comptroller who shall forthwith tabulate the ballots and announce the results. A printout of the tabulation along with the ballots shall within three days be delivered by the Comptroller to the Secretary of State, who shall preserve the ballots and the printout for three months. At the expiration of terms of office of the original member elected under this subsection, and every six years thereafter, his successor shall be elected in the same manner as provided by this subsection. If a vacancy occurs in the office of a member elected under the provisions of this subsection, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.
Ala. Code § 36-6A-2 — Alabama Code / Title 36 / Chapter 6A / Section 36-6A-2
Section 36-6A-2 Parental Leave for Eligible Employees
Status: in_force

(a)(1) An eligible employee who is female shall be entitled to eight weeks of parental leave in connection with the birth, stillbirth, or miscarriage of her child which occurs on or after July 1, 2025.

(2) An eligible employee who is male shall be entitled to two weeks of parental leave in connection with the birth, stillbirth, or miscarriage of his child which occurs on or after July 1, 2025.

(3) An eligible employee shall be entitled to eight weeks of parental leave in connection with the placement of a child with the eligible employee for adoption which occurs on or after July 1, 2025, provided the child is three years of age or younger at the time that he or she is placed with the eligible employee. In the event that parents who jointly adopt a child are both eligible employees, one parent shall be entitled to eight weeks of parental leave in connection with the adoption and one parent shall be entitled to two weeks of parental leave in connection with the adoption. The State of Alabama Personnel Department, the State Board of Education, and the Alabama Community College System shall jointly adopt rules to implement this subdivision.

(b) An eligible employee may not take parental leave under this section unless he or she has completed the requirements of subdivision (1) and paragraph(2)a. prior to taking parental leave.

(1) The eligible employee shall provide the applicable employing agency a written plan regarding his or her intended use of the parental leave and any other leave he or she intends to take in connection with the qualifying event.

(2)a. The eligible employee shall agree in writing with the applicable employing agency not to separate from employment for a period of at least eight weeks following the conclusion of any leave taken in connection with the qualifying event.

b. The requirement of paragraph a. may be waived by the applicable employing agency in circumstances where the eligible employee is unable to return to work, such as a serious health condition of the employee or of an immediate family member.

c. If the eligible employee fails to comply with the return-to-work agreement required by this subdivision, the applicable employing agency may recover from the eligible employee, by offset or otherwise, an amount equal to the eligible employee’s hourly rate of pay multiplied by the number of hours the eligible employee failed to work in compliance with the return-to-work agreement.

(3) In the event of an emergency that prevents an eligible employee from completing the requirements of subdivision (1) and paragraph (2)a. prior to taking parental leave, the eligible employee shall complete these requirements as soon as practicable after the emergency has ended.

(c) An eligible employee may use any parental leave to which he or she is entitled under this chapter intermittently or on a reduced leave schedule, subject to the following limitations:

(1) The parental leave shall be used within 365 days of the qualifying event or within 365 days of the eligible employee taking parental leave for a qualifying event, whichever occurs sooner. An eligible employee may only use parental leave in connection with one qualifying event during a 365-day period, even if more than one qualifying event occurs.

(2) The eligible employee shall maintain a continuing parental role with any child whose birth or adoption was a qualifying event.

(3) Parental leave taken intermittently or on a reduced leave schedule for bonding purposes shall be agreed to by the applicable employing agency prior to the start of the leave.

(d) Parental leave taken under this section shall run concurrently with leave taken under Section 25-1-61 and under the Family and Medical Leave Act of 1993, codified as 29 U.S.C. § 2601, et seq.

(e) Upon the expiration of an eligible employee’s parental leave, the eligible employee shall be restored to the position that he or she held at the time of the qualifying event or to an equivalent position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including any fringe benefits and service credits, that the eligible employee received or was entitled to prior to the commencement of his or her parental leave. A local education agency employee, as provided in Section 36-6A-1(3)b., shall be restored to the grade taught prior to taking parental leave unless otherwise agreed to by the employee. Nothing in this chapter shall be construed to prevent an eligible employee from receiving any cost-of-living salary increase provided generally to eligible employees or any merit increase to which the eligible employee would have been entitled had he or she not taken parental leave.
Ala. Code § 36-21-213 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-213
Section 36-21-213 Disclosure Requests; Fee
Status: in_force

(a) Upon receipt of the written request for disclosure, as promptly as possible, the custodial law enforcement agency shall do either of the following:

(1) Disclose the portion of the recording relevant to the individual’s request.

(2) Notify the requestor of the custodial law enforcement agency’s decision not to disclose the recording. A custodial law enforcement agency may choose to not disclose the recording if the disclosure would affect an ongoing active law enforcement investigation or prosecution.

(b) A custodial law enforcement agency may charge a reasonable fee for redaction and editing of a recording.
Ala. Code § 36-29-16 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-16
Section 36-29-16 Group Insurance for Retired Judges of Probate and Legislators; Payment of Cost
Status: in_force

Any judge of probate who qualifies to retire from active service with a benefit from the Judicial Retirement Fund or any legislator shall be entitled to participate in the State Employees’ Health Insurance Plan. The entire cost for the group health insurance during retirement for a judge of probate or for a legislator shall be paid by such retired judge or legislator under such terms and conditions as the group insurer may, from time to time, prescribe for such group health insurance.
Ala. Code § 36-27-150 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-150
Section 36-27-150 Amount of Increase - Persons Other Than Those Whose Employers Participated in Employees’ Retirement System
Status: in_force

(a) Commencing October 1, 2000, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2000, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase of four percent in their gross monthly benefit, but not less than twenty-five dollars ($25) per month.

(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 2000, shall receive the cost-of-living increase in the amount attained by the retiree. The increase shall not be less than twenty-five dollars ($25) per month.
Ala. Code § 36-27-25 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-25
Section 36-27-25 Funds for Assets of Retirement System - Management
Status: in_force

(a) The Board of Control shall be the trustees of the several funds of the Employees’ Retirement System created by this article as provided in Section 36-27-24 and shall have full power to invest and reinvest the funds, through its Secretary-Treasurer in the classes of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds, or other investments as the Board of Control may approve, with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Subject to like terms, conditions, limitations and restrictions, the Board of Control, through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer, and dispose of any investments in which the funds created in Section 36-27-24 shall have been invested as well as the proceeds of the investments and any moneys belonging to the funds.

(b) The Governor ex officio, shall be the Chair of the Board of Control. At the board meeting when the new positions created by Acts 1994, No. 94-616 are sworn into office, the Board of Control shall elect from its membership a vice-chair who shall have at least three years of service experience on the board. The vice-chair shall serve a term concurrent with that of the position of Investment Committee Place No. 1.

(c) The Secretary-Treasurer shall have the authority and it shall be his or her duty to carry out the investment policies fixed by the Board of Control and, pursuant thereto, he or she shall examine all offers of investments made to the funds, shall initiate inquiries as to available investments therefor, shall review periodically the investment quality and desirability of retention of investments held and shall make purchases and sales of investments as he or she shall deem to the best interests of the funds and as the Investment Committee provided for in subsection (d) of this section and as the consultant to the Secretary-Treasurer, if any, appointed by the Board of Control under subsection (e) of this section, to the extent of the purpose for which it is appointed, shall approve. The Employees’ Retirement System shall have full authority to employ its own legal counsel and to conduct and control any litigation in which it is involved through such counsel.

(d) The Board of Control shall provide for an investment committee which shall consist of three members of the board, one of whom shall be the Director of Finance. At the first board meeting held after April 26, 1994, two members of the board, who individually have at least three years of service experience on the board, shall be elected to serve on the Investment Committee in positions designated as Places No. 1 and No. 2. The person elected to serve in Place No. 1 shall serve for an initial term of one year while the person elected to serve in Place No. 2 shall serve for an initial term of two years. Successor terms for both places on the committee shall be for two years and successor candidates for the elected places shall meet the aforementioned board service experience requirement. The Investment Committee shall act as agent for the board and shall consider all investment recommendations made by the Secretary-Treasurer and shall either approve or disapprove the same in accordance with policies set by the board. The Investment Committee may act through the affirmative vote of any two of its members. Approvals may be secured informally in advance but shall in any event be confirmed by written authorization to be attached to the invoice for the transaction.

(e) The Board of Control may appoint and employ as consultant to the Secretary-Treasurer in the purchase, sale, and review of investments of the funds, to the extent as the board may designate, a bank having its principal office in the State of Alabama, having capital, surplus and undivided profits of not less than three hundred million dollars ($300,000,000) and having an organized investment department. The bank so appointed shall not sell securities to the retirement system other than U.S. government securities, or repurchase agreements for which no commission shall be charged.

(f) The Secretary-Treasurer shall report to the Board of Control all purchases and sales of investments made by him or her pursuant to this section at least once semiannually.

(g) The Board of Control shall allow annually regular interest on the mean amount for the preceding year in each of the funds, with the exception of the Expense Fund. The amounts so allowed shall be due and payable to the funds and shall be credited annually to the funds by the Board of Control from interest and other earnings on the moneys of the retirement system. Any additional amount required to meet the interest on the funds of the retirement system shall be paid from the Pension Accumulation Fund, and any excess of earnings over the amount required shall be paid to the Pension Accumulation Fund. Regular interest shall mean the percentage rate or rates to be compounded annually as shall be set by the Board of Control, the rate or rates to be limited to a minimum of three percent and a maximum of four and three-fourths percent.

(h) Funds accruing to the Annuity Savings Fund, the Annuity Reserve Fund, the Pension Accumulation Fund, and the Pension Reserve Fund shall be certified by the Secretary-Treasurer for deposit in the State Treasury to the credit of the Employees’ Retirement System. All moneys provided in accordance with this chapter for administrative expenses shall be certified for deposit in the State Treasury to the credit of the Employees’ Retirement System Expense Fund. All payments from the funds shall be made by the State Treasurer on warrants drawn by the state Comptroller upon vouchers signed by two persons designated by the Board of Control. A duly attested copy of the resolution of the Board of Control designating the persons and bearing on its face specimen signatures of the persons shall be filed with the state Comptroller as his or her authority for drawing warrants upon the voucher.

(i) Except as otherwise provided in this article, no member of the Board of Control and no employee of the board shall have any direct interest in the gains or profits of any investment made by the board nor as such receive any pay or emolument for his or her services. No member or employee of the Board of Control shall, directly or indirectly, for himself or herself or as an agent in any manner use the same, except to make the current and necessary payments authorized by the board, nor shall any member or employee of the Board of Control become an endorser or surety or in any manner an obligor for moneys loaned to or borrowed from the board.
Ala. Code § 36-29-12 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-12
Section 36-29-12 Rules and Regulations; Notice of Denial of Claim; Review
Status: in_force

The board shall promulgate such rules and regulations as may be required for the effective administration of the provisions of this chapter. The board shall have discretion and authority to interpret the terms and conditions of the plan. The plan shall require adequate notice in writing to any participant whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial and shall afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the claims administrator upon the written request of the participant, within 60 days of the date of denial, setting forth the specific reasons for review. The claims administrator shall provide in writing a final determination of the claim. Review of a final decision by the claims administrator shall be by the Circuit Court of Montgomery County.
Ala. Code § 36-12-44 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-44
Section 36-12-44 Duties of Public Officers; Requests for Public Records Clarification or Additional Information; Timing
Status: in_force

(a) A public officer shall respond to a standard request subject to each of the following provisions:

(1) The public officer may require the requester to submit his or her request using a standard request form or by following the written procedures for accepting requests for public records established by the public officer.

(2) The public officer may require the requester to pay a reasonable fee set by the public officer before the requester may receive any public records. If the public officer elects to charge a fee, the public officer shall notify the requester of the estimated fee and withhold any public records until receipt of payment. The requester may opt not to pay the fee and thus not receive any substantive response. Additionally, the public officer shall have the discretion to require the requester to pay all or a portion of the estimated fee prior to searching for any responsive public records.

(3) The public officer shall acknowledge a proper request within 10 business days of receiving the request.

(4) The public officer shall provide a substantive response fulfilling or denying a proper request within 15 business days of acknowledging receipt. Although the public officer may extend this period in 15-business-day increments upon written notice to the requester, the public officer should process a standard request as expeditiously as possible considering the requester’s time constraints, the public officer’s workload, and the nature of the request.

(5) There shall be a rebuttable presumption that a proper standard request has been denied by the public officer if:

a. A substantive response is not provided to the standard request within the earlier of 30 business days or 60 calendar days following acknowledgment of receipt by the public officer; or

b. The public records are not produced within the earlier of 30 business days or 60 calendar days following the payment of the estimated fees to the public officer.

(6) There shall be no presumption that a proper standard request has been denied if:

a. The request is not proper or the public officer is not obligated or required to respond as provided in this section;

b. The public officer has responded in part;

c. The public officer and requester have reached an agreement regarding the time or substance, or both, of the response;

d. Negotiations are ongoing between the public officer and the requester; or

e. The public officer has reasonably communicated the status of the request to the requester.

(b) A public officer shall respond to a proper, time-intensive request subject to each of the following provisions:

(1) The public officer shall require the requester to submit his or her request using a standard request form or by following the written procedures for accepting requests for public records established by the public officer.

(2) The public officer shall require the requester to pay a reasonable fee set by the public officer before providing a substantive response to the requester. The public officer shall notify the requester in advance of any likely fees and shall withhold any substantive response until receipt of payment. Additionally, the public officer shall have the discretion to require the requester to pay all or a portion of the estimated fee prior to searching for any responsive public records.

(3) The public officer shall acknowledge the request within 10 business days of receiving the request.

(4) The public officer shall notify the requester within 15 business days after acknowledging receipt that the request qualifies as a time-intensive request. At that time, the public officer shall notify the requester of any likely fees and allow the requester to withdraw the time-intensive request and submit a new request that is not a time-intensive request. If the requester elects to proceed with a time-intensive request, the public officer shall provide a substantive response fulfilling or denying the request within 45 business days after the requester elected to proceed with his or her time-intensive request. The public officer may extend this period in 45-business-day increments by notifying the requester in writing.

(5) At or around the time of designating the request as time-intensive, the public officer shall make a record in a log maintained for keeping track of currently pending time-intensive requests. For each such currently pending request, the log shall identify the name of the requester and the date of acknowledgment pursuant to subdivision (3). The log shall be a confidential document that is not subject to disclosure pursuant to this article, provided the log may remain discoverable pursuant to proper discovery methods provided under applicable rules of procedure.

(6) There shall be a rebuttable presumption that a proper time-intensive request has been denied by the public officer if:

a. A substantive response is not provided within the earlier of 180 business days or 270 calendar days following the requester’s election to proceed with a time-intensive request.

b. The records are not produced within the earlier of 180 business days or 270 calendar days following the payment of the estimated fees to the public officer.

(7) There shall be no presumption that a proper time-intensive request has been denied if:

a. The request is not proper or the public officer is not obligated or required to respond as provided in this section;

b. The public officer has responded in part;

c. The public officer and requester have reached an agreement regarding the time or substance, or both, of the response;

d. Negotiations are ongoing between the public officer and the requester; or

e. The public officer has reasonably communicated the status of the request to the requester.

(c) A request made pursuant to this article shall identify the requested public record with reasonable specificity. A public officer shall not be obligated to respond to a public records request that is vague, ambiguous, overly broad, or unreasonable in scope.

(d) A public officer shall not be required to create a new public record if the requested record does not already exist.

(e) A public officer shall not be required to respond to requests that seek information or other materials that are not public records.

(f) A public officer may request reasonable evidence to establish proof of residency. A public officer may respond to public records requests made by nonresidents, in which case, a public officer’s decision to respond to such requests shall not operate as a waiver of the public officer’s right to deny other or future requests made by nonresidents.

(g) If a public officer responds to a request by seeking clarification or additional information, the timelines established in this section shall be tolled and shall restart once the public officer receives the requested clarification or additional information as if the requester had submitted a new request. A public officer’s decision to seek clarification or additional information with respect to any particular request shall not operate as a waiver of the public officer’s right to seek clarification or additional information in response to other, future requests.

(h) Nothing in this article shall be construed to prohibit a public officer from processing a public records request in a manner that is less expensive or more prompt from the perspective of the requester.
Ala. Code § 36-27-183 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-183
Section 36-27-183 Duties of Board and Employer
Status: in_force

The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-180 and 36-27-182, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-180 and 36-27-182 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-180 and 36-27-182 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
Ala. Code § 36-29-23 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-23
Section 36-29-23 Authorization to Establish Flexible Employee Benefit Plan; Provisions of Plan
Status: in_force

The board, with the approval of the Governor, is authorized to establish a flexible employee benefit plan for state employees in compliance with Section 125 and any other applicable sections of the Internal Revenue Code. The flexible employee benefit plan may provide for payments or salary reductions for qualified benefits in accordance with Section 125 of the Internal Revenue Code, which presently include health insurance premiums, group life insurance, disability insurance, supplemental health and accident insurance, dependent care expenses, and such other types of employee benefits permitted under Section 125 and any other applicable sections of the Internal Revenue Code. Futhermore, the board may establish a long-term care plan for employees.
Ala. Code § 36-13-53 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-53
Section 36-13-53 Advisory Committee on Minority Affairs. (Amended by Act 2026-209)
Status: in_force

AMENDED BY ACT 2026-209, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

The Advisory Committee on Minority Affairs is created to act as a resource for the director in an advisory capacity. The committee shall be comprised of representatives from various racial and ethnic communities, female representation, state government officials, and experts in education and work force. The committee shall be appointed by and serve at the pleasure of the Governor.
Ala. Code § 36-21-4.1 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-4.1
Section 36-21-4.1 Overtime - Pay or Compensation Leave for Nonelected Law Enforcement Officer in Service of County
Status: in_force

(a) Any nonelected law enforcement officer in the service of a county who has worked a number of hours in excess of the established and recurring work period, shall be compensated according to the standards and guidelines established by the Fair Labor Standards Act (29 C.F.R. § 553.200, et seq.). The officer shall be compensated at a rate of not less than one and one-half hours for each hour of employment for which overtime is required. Nonelected law enforcement officers may receive, in lieu of overtime pay, compensatory time off at a rate of not less than one and one-half hours for each hour of employment for which overtime is required.

(b) Any law enforcement officer covered by this section who works overtime during any calendar month shall on the last day of the month file in writing a statement indicating the number of hours of overtime worked. The decision as to whether a nonelected law enforcement officer shall receive overtime pay or compensatory leave shall be at the option of the officer as prescribed in this subsection. In the event the law enforcement officer receives overtime pay, the pay shall be included with his or her compensation for the next succeeding pay period. If he or she receives compensatory leave, the leave shall be taken at any time during the calendar year in which it is earned, except during times of emergency.
Ala. Code § 36-18-37 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-37
Section 36-18-37 Immunity from Civil Liability
Status: in_force

(a) Neither the Director of the Alabama Department of Forensic Sciences nor any person designated by the director for the purposes of taking, collecting, storing, analyzing or testing DNA samples shall incur any civil liability when such taking, collecting, storing, analyzing or testing is performed according to rules or regulations promulgated or adopted by the director, and

(b) The alleged damage or injury was not caused by willful or wanton conduct by the director or the director’s designated person.
Ala. Code § 36-26-1 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-1
Section 36-26-1 Short Title
Status: in_force

This article shall be cited and may be known as the Merit System Act.
Ala. Code § 36-26-28 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-28
Section 36-26-28 Suspensions
Status: in_force

(a) An appointing authority may peremptorily suspend any employee without pay or other compensation as punishment for improper behavior, but the suspension or total suspension by the appointing authority of the person shall not exceed 30 business days in any year of service. The suspension with loss of pay may be effected only by service upon the employee by the appointing authority of written charges setting out clearly the reasons for which the suspension is being considered. Within 10 business days, the employee must accept the suspension or request a suspension hearing. If the employee requests a suspension hearing, the appointing authority shall appoint an independent hearing officer to receive evidence and issue a recommendation on the proposed suspension. The appointing authority may accept or reject the recommendation of the hearing officer. If the appointing authority rejects the recommendation, written justification for the rejection must be provided to the employee.

(b) The appointing authority shall appoint an independent hearing officer from a list of eligible hearing officers which shall be maintained by the State Personnel Department. The appointed hearing officer may be employed by the appointing authority, but shall be independent of the division or area in which the employee works. Any challenge as to the appointment of the independent hearing officer shall be made to the State Personnel Director within five days of notification of the appointment. For the purposes of this section, a hearing officer shall be any person or persons approved by the State Personnel Department to hear a suspension case. If it is the preference of the appointing authority, a hearing officer may be appointed from the Governmental Hearing Officer register, which is compiled and maintained by the State Personnel Department.

(c) Nothing in this section limits an appointing authority’s power to provide additional due process safeguards to employees.

(d) The burden of proof shall lie with the appointing authority to prove the charges forming the basis of the suspension.

(e) Those departments or agencies currently having an existing process for suspension hearings may continue to use the existing process, provided that they observe tenets of due process, including that the burden of proof shall lie with the appointing authority.

(f) This section shall not apply to any department which currently employs and continues to employ as a standard practice in such cases a pre-disciplinary hearing before an independent hearing officer who makes a recommendation for disciplinary action to the appointing authority based upon a fair hearing of the matter.
Ala. Code § 36-12-64 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-64
Section 36-12-64 Liability for Violations of Provisions of Article
Status: in_force

Any officer or employee of the State of Alabama who violates any of the provisions of this article shall be subject to impeachment and removal from office and shall also be guilty of a misdemeanor and, upon conviction thereof, shall be punished in the manner provided by law for such offenses.
Ala. Code § 36-27-203 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-203
Section 36-27-203 Duties of Board and Employer
Status: in_force

The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-200 and 36-27-202, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-200 and 36-27-202 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-200 and 36-27-202 shall be determined from all funds in proportion to the salaries paid therefrom for active members.
Ala. Code § 36-27-5.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-5.1
Section 36-27-5.1 Participation of Employees of Regional or Local Legislative Delegation Office
Status: in_force

(a) Any person who is employed full-time by a regional or local legislative delegation office shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a “member” of the state Employees’ Retirement System, as defined in Section 36-27-4; provided, that the required contributions are made to the system.

(b) Any person serving as of October 1, 1991, shall be entitled to receive credit toward his retirement allowance for any service previously rendered as an employee of a regional or local legislative delegation office, and any person employed by such offices thereafter shall become a member of the Employees’ Retirement System as a condition of employment. If he elects to do so, he may notify the Board of Control of the Employees’ Retirement System of his intention to claim such credit within six months from October 1, 1991, and shall make any and all contributions, plus eight percent interest, compounded annually, required by the regulations of the board within six months after such notification is made. From the time he so elects, regular deductions shall be made from the salary of each member in the manner prescribed by law.

(c) The regional or local legislative delegation office or entity that funds said office shall contribute on account of the participation of its employees the employer’s contribution rate as established by the actuary for regular employees of the state.

The contribution rate so computed, based upon the payroll of the employees, shall be certified by the Board of Control to the fiscal officer of each regional or local delegation office. The fiscal officer of each such office shall pay to the State Treasurer the amount certified by the board as payable under the provisions of this section and the State Treasurer shall credit such amounts to the appropriate funds of the retirement system.
Ala. Code § 36-16-5 — Alabama Code / Title 36 / Chapter 16 / Section 36-16-5
Section 36-16-5 Fees for Services Rendered
Status: in_force

The Auditor must charge $.50 for each impression of his official seal for private or personal use and, for other services, he must charge the same fees as the Secretary of State for similar services. All such fees shall be paid into the State Treasury.
Ala. Code § 36-5-7 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-7
Section 36-5-7 Liability of Officer Improperly Approving Bond
Status: in_force

The bond of any public officer which is not in the penalty, payable and conditioned and has not sureties having the qualifications required by law must not be approved, and the officer approving a bond not conforming to the law in any or all of these respects shall be guilty of a neglect of duty and shall subject himself and his sureties to a civil action by any person injured and a recovery to the extent of such injury.
Ala. Code § 36-16-3 — Alabama Code / Title 36 / Chapter 16 / Section 36-16-3
Section 36-16-3 Assistants and Clerical Help
Status: in_force

The Auditor may employ a chief clerk, whose employment shall be at the pleasure of the Auditor. Subject to the provisions of the Merit System, he may employ principal accountants, account clerks and senior stenographers.
Ala. Code § 36-14-2 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-2
Section 36-14-2 Bond
Status: in_force

Before entering upon his duties of office, the Secretary of State shall execute to the state of Alabama a bond, to be approved by the governor, in the amount of $10, 000.00, for the faithful performance of his duties.
Ala. Code § 36-27-15.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-15.2
Section 36-27-15.2 Granting of Credit for Out-of-State Service, Service as Support Employee or Teachers’ Aide, Teachers’ Corps Service, and Job Corps Service
Status: in_force

(a)(1) Any member of the Teachers’ Retirement System of Alabama or any member of the Employees’ Retirement System of Alabama shall be eligible to receive up to 10 years of creditable service for employment in public education in states other than Alabama, for prior service in public education in Alabama as a support employee or a teacher’s aide, for regular full-time service with the Teachers’ Corps in the State of Alabama, for regular full-time service with the Job Corps, or for up to 10 years of creditable service for public employment rendered in states other than Alabama, provided that the member of the retirement system claiming the credit shall have attained not less than 10 years of contributing membership service credit, exclusive of military service credit, under the retirement system of which he or she is a member; and, provided further, that the member performs and complies with the conditions prescribed in subdivision (2) of this subsection.

(2) A member of the Teachers’ or Employees’ Retirement System of Alabama, eligible under paragraph a. of this subdivision, may receive credit for public service rendered in states other than Alabama and for prior service in public education in Alabama as a support employee or a teacher’s aide or for regular full-time service with the Teachers’ Corps in the State of Alabama or the Job Corps as provided in subdivision (1) of this subsection, provided that as conditions precedent to the receipt of the credit:

a. The member shall contribute, prior to the date of his or her retirement, to his or her respective retirement system, for each year of service credit, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

b. The public retirement system of the other state, county, city or other political subdivision thereof shall certify in writing to the applicable retirement system that the member had credit under the retirement system for the service claimed.

c. The member shall claim, purchase, and receive credit for out-of-state service in increments of not less than one year, unless the member’s total or balance of out-of-state service is less than one year, in which event, he or she shall claim and purchase credit for the entire period.

(b) Any person who is retired under the Teachers’ or Employees’ Retirement System of Alabama may receive credit for out-of-state service and prior service in public education in Alabama as a support employee or a teacher’s aide or regular full-time service with the Teachers’ Corps in the State of Alabama under the same conditions as are provided herein for active members, except that, in lieu of current compensation, the contribution shall be based on his or her average final salary at the time of retirement; and, provided, the person was retired on or before July 30, 1979; and, provided further, that the retired person makes his or her contribution in a lump sum prior to the expiration of a period being one year next following July 30, 1979. Any retirant so claiming and contributing the amount herein required shall have his or her retirement allowance redetermined on the basis of the additional creditable service, provided, that any increase in the retirant’s retirement allowance shall be payable to him or her only throughout his or her life and shall not affect, alter, increase, decrease, or in any other way change the amount payable to the retirant’s estate or designated beneficiary or surviving spouse, except under the provisions of Option 1, whereunder the contributions made pursuant to this section shall be treated as part of the retirant’s accumulated contributions.

(c) Anything in this section to the contrary notwithstanding, a member shall not receive credit for the out-of-state service, teachers’ aide service, Job Corps service, or support employee service, Teachers’ Corps service where at the time of retirement he or she has credit or is entitled to any benefits whatsoever for the same service under any retirement or pension plan, including but not limited to TIAA-CREF, and which is wholly or partly funded from public funds, or other moneys of public institutions of this or any other state or political subdivision thereof; provided, that nothing herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of out-of-state service credit, contributions made under this section by the member shall be refunded to him or her.

(d) The retirement system may deduct in 12 equal installments, from the retirement allowance payable to a retired member, any additional contribution necessary to pay the administrative cost incurred in granting the credit hereunder in the event its Board of Control and consulting actuary thereto determine that the amounts contributed by the member under the provisions hereof are insufficient to pay the administrative cost.
Ala. Code § 36-26-64 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-64
Section 36-26-64 Employees of Hale Memorial Hospital
Status: in_force

The employees of the state institution located at Tuscaloosa known as Hale Memorial Hospital shall be governed by personnel Merit System rules and regulations, the same as other employees in state service, as administered by the State Personnel Department. Employees of the hospital on December 8, 1967, who have been so employed for six months immediately preceding that date shall remain in their respective employments during good behavior; but nothing in this section shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law; and such employees, except for appointment, shall be subject fully to the provisions of the state Merit System Act and rules and regulations of the State Personnel Board. The provisions of this section shall not apply, however, to the medical director or members of the medical staff of the hospital other than nurses, nor to the administrator or business manager of the hospital nor to such custodial and laboring positions as may be designated by the State Personnel Department.
Ala. Code § 36-2-8 — Alabama Code / Title 36 / Chapter 2 / Section 36-2-8
Section 36-2-8 When Commissions to Be Issued
Status: in_force

No commissioned officer of this state required by law to give bond shall receive his commission until he has made his bond and had the same properly approved and filed. In all other cases, commissions may issue on the production of the certificate of election to the person therein named.
Ala. Code § 36-25A-5.2 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-5.2
Section 36-25A-5.2 Electronic Attendance at Meetings of Local Governmental Bodies by Members and the Public
Status: in_force

(a) Any governmental body as defined in Section 36-25A-2 that is of a county or a municipality or is an entity established by or whose members are appointed by a county or municipality may allow participation in a meeting of that governmental body by means of telephone conference, video conference, or other similar communications equipment that allows all participants to hear one another at the same time; provided, that both of the following are fulfilled:

(1) No less than a quorum of the members of the governmental body are physically present at the physical location required by subsection (d).

(2) The members of the body participating by electronic means as provided in this section are unable to be physically present at the meeting due to illness.

(b) Participation by electronic means as authorized in this section shall constitute presence in person at the meeting for all purposes, except for the establishment of a quorum.

(c) At least 45 days before the first meeting that a governmental body uses electronic means of communication as authorized by this section, the body shall adopt an electronic meeting policy detailing the procedures and communications equipment that will be used, how the public may access the meeting, and how voting will be conducted.

(d) Each meeting in which members of a governmental body are participating by electronic means as authorized in this section shall be held at a physical location available for persons wishing to be physically present, at which any interested member of the public shall be able to hear all persons who are participating remotely.

(e) Any vote taken at a meeting utilizing the equipment authorized by subsection (a) shall be taken as a roll call vote that allows each participant to vote individually in a manner audible to all persons participating or present at the physical location provided for in subsection (d).

(f) A member participating in a meeting by electronic means as provided by this section may not claim any form of reimbursement for expenses relating to that meeting, including mileage.
Ala. Code § 36-25A-2 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-2
Section 36-25A-2 Definitions
Status: in_force

As used in and for determining the applicability of this chapter, the following words shall have the following meanings solely for the purposes of this chapter:

(1) DELIBERATION. An exchange of information or ideas among a quorum of members of a subcommittee, committee, or full governmental body intended to arrive at or influence a decision as to how any members of the subcommittee, committee, or full governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the subcommittee, committee, or full body immediately following the discussion or at a later time.

(2) EXECUTIVE SESSION. That portion of a meeting of a subcommittee, committee, or full governmental body from which the public is excluded for one or more of the reasons prescribed in Section 36-25A-7(a).

(3) GENERAL REPUTATION AND CHARACTER. Characteristics or actions of a person directly involving good or bad ethical conduct, moral turpitude, or suspected criminal activity, not including job performance.

(4) GOVERNMENTAL BODY. All boards, bodies, and commissions of the executive and legislative departments of the state or its political subdivisions or municipalities which expend or appropriate public funds; all multimember governing bodies of departments, agencies, institutions, and instrumentalities of the executive and legislative departments of the state or its political subdivisions or municipalities, including, without limitation, all corporations and other instrumentalities whose governing boards are comprised of a majority of members who are appointed or elected by the state or its political subdivisions, counties, or municipalities; all quasi-judicial bodies of the executive and legislative departments of the state; and all standing, special, or advisory committees or subcommittees of, or appointed by, the body. The term “governmental body” does not include any of the following:

a. Legislative party caucuses or coalitions.

b. Alabama appellate or trial courts, except as required by the constitution of this state or any body governed by rules of the Alabama Supreme Court.

c. Voluntary membership associations comprised of public employees, retirees, counties, municipalities, or their instrumentalities which have not been delegated any legislative or executive functions by the Legislature or Governor.

(5) JOB PERFORMANCE. The observed conduct or actions of a public employee or public official while on the job in furtherance of his or her assigned duties. Job performance includes whether a person is meeting, exceeding, or failing to meet job requirements or whether formal employment actions should be taken by the governmental body. Job performance does not include the general reputation and character of the person being discussed.

(6) MEETING. a. Subject to the limitations herein, the term meeting shall only apply to the following:

1. The prearranged gathering of a quorum of a governmental body or a quorum of a committee or subcommittee of a governmental body at a time and place which is set by law or operation of law.

2. The prearranged gathering of a quorum of a governmental body or a quorum of a committee or subcommittee of a governmental body during which the full governmental body, committee, or subcommittee of the governmental body is authorized, either by law or otherwise, to exercise the powers which it possesses or approve the expenditure of public funds.

3. The gathering, whether or not it was prearranged, of a quorum of a governmental body during which the members of the governmental body deliberate specific matters that, at the time of the exchange, the participating members expect to come before the full governmental body at a later date.

4. The gathering, whether or not it was prearranged, of a quorum of a committee or subcommittee of a governmental body during which the members of the committee or subcommittee deliberate specific matters relating to the purpose of the committee or subcommittee that, at the time of the exchange, the participating members expect to come before the full governmental body, committee, or subcommittee at a later date.

b. The term “meeting” shall not include:

1. Occasions when a quorum of a governmental body, committee, or subcommittee attends social gatherings, conventions, conferences, training programs, press conferences, media events, association meetings and events or gathers for on-site inspections or meetings with applicants for economic incentives or assistance from the governmental body, or otherwise gathers so long as the subcommittee, committee, or full governmental body does not deliberate specific matters that, at the time of the exchange, the participating members expect to come before the subcommittee, committee, or full governmental body at a later date.

2. Occasions when a quorum of a subcommittee, committee, or full governmental body gathers, in person or by electronic communication, with state or federal officials for the purpose of reporting or obtaining information or seeking support for issues of importance to the subcommittee, committee, or full governmental body.

3. Notwithstanding subparagraph 1., occasions when two members of a governmental body, including two members of a governmental body which has three members, gather for the sole purpose of exchanging background and education information or for the sole purpose of discussing an economic, industrial, or commercial prospect or incentive that does not include a conclusion as to recommendations, policy, decision, or final action on the terms or request or an offer of public financial resources.

c. Nothing herein shall restrict or prevent two members of the same full governmental body from talking together without deliberation, including two members of a full governmental body having only three members, and nothing herein shall restrict or prevent a mayor or executive director of a city or municipality who is not a voting member of the city or municipal council from talking or deliberating with a member of the city or municipal council.

(7) OPEN OR PUBLIC PORTION OF A MEETING. The open or public portion of a meeting is that portion which has not been closed for executive session in accordance with this chapter, for which prior notice was given in compliance with this chapter, and which is conducted so that constituents of the governmental body, members of the media, persons interested in the activities of the governmental body, and citizens of this state could, if they desired, attend and observe.

(8) PROFESSIONAL COMPETENCE. The ability of an individual to practice a profession within the profession’s acceptable standards of care and responsibility. A profession is a vocation requiring certification by the State of Alabama or passage of a state licensing examination that may only be granted to or taken by persons who have completed at least three years of college-level education and obtained at least a college-level degree.

(9) PUBLIC EMPLOYEE. Any person employed at the state, county, or municipal levels of government or their instrumentalities, including governmental corporations and authorities, who is paid in whole or in part from state, county, or municipal funds. A public employee does not include a person employed on a part-time basis whose employment is limited to providing professional services other than lobbying, the compensation for which constitutes less than 50 percent of the part-time employee’s income.

(10) PUBLIC FUNDS. Taxes or fees charged or collected by a governmental body or from the sale of public property including, but not limited to, matching funds from the federal government or income derived from the investment of taxes or fees.

(11) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal levels of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal levels of government or their instrumentalities, including governmental corporations.

(12) QUORUM. Unless otherwise provided by law, a quorum is a majority of the voting members of a governmental body. Except where a governmental body is prohibited from holding a non-emergency meeting as defined in subdivision (6)a.1. between the date of election of members and the date such members take office, any person elected to serve on a governmental body shall be counted in the determination of whether a quorum of that governmental body is present, except for any meeting as defined in subdivisions (6)a.1. and 2., beginning on the date of certification of the results of the general election. In the case of appointment to a governmental body, any person shall be counted in the determination of whether a quorum of that governmental body is present, except for any meeting as defined in subdivisions (6)a.1. and 2., from the date that the appointment is made or issued whether or not the appointment is effective on that date.

(13) SERIAL MEETING. a. The term serial meeting applies to any series of gatherings of two or more members of a governmental body, at which:

1. Less than a quorum is present at each individual gathering and each individual gathering is attended by at least one member who also attends one or more other gatherings in the series.

2. The total number of members attending two or more of the series of gatherings collectively constitutes a quorum.

3. There is no notice or opportunity to attend provided to the public in accordance with this chapter.

4. The members participating in the gatherings deliberate specific matters that, at the time of the exchange, the participating members expect to come before the subcommittee, committee or full governmental body at a later date.

5. The series of gatherings was held for the purpose of circumventing the provisions of this chapter.

6. At least one of the meetings in the series occurs within seven calendar days of a vote on any of the matters deliberated.

b. The term serial meeting does not include:

1. Gatherings, including a gathering of two members of a full governmental body having only three members, at which no deliberations were conducted or the sole purpose was to exchange background and education information with members on specific issues.

2. A series of gatherings related to a search to fill a position required to file a statement of economic interests with the Alabama Ethics Commission pursuant to Section 36-25-14 until the search has been narrowed to three or fewer persons under consideration.

3. A gathering or series of gatherings involving only a single member of a governmental body.

4. A series of gatherings by the trustees of an institution of higher education established by the Constitution of Alabama of 2022, any statutorily created four-year institution of higher education in the state, or Athens State University involving a search to fill a position that directs the institution or a department or major divisions thereof, including the position of president, vice president, provost, dean, department head, or athletic coach.

5. A meeting in which a public official who is a member of a non-profit professional association comprised of members of the same profession discusses or participates in the formation of the policy or policies of the professional association of which the public official is a member. This exception shall apply to both legislative policies of the professional association and regulatory polices of the professional association of which the public official is a member, and regardless of whether a quorum of the members of the governmental body are members of the same professional association.
Ala. Code § 36-5-11 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-11
Section 36-5-11 Qualifications and Sufficiency of Sureties Generally
Status: in_force

All personal sureties on official bonds must be residents of the state, and the aggregate value of their property, real and personal, not exempt from debts and other liabilities and in excess of their debts and liabilities must equal the penalty of the bond, and such property must be within the state. If the duties of the office of the principal are limited to a single county, the sureties must be residents of that county, and their property must be therein situated.
Ala. Code § 36-5-45 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-45
Section 36-5-45 Cancellation of Bonds Upon Termination, Consolidation, Etc., of Positions
Status: in_force

If any state office or position for which a bond is required by this code should be abolished, terminated or consolidated with another office or position, then the bond provided for in this code shall be cancelled on those employees who by reason of the termination of their positions will not be continued in the service of the state.
Ala. Code § 36-6-143 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-143
Section 36-6-143 Appropriations
Status: in_force

It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
Ala. Code § 36-27-156 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-156
Section 36-27-156 Beneficiaries of Pensioners Formerly Participating in Retirement Program of Class 1 Municipalities
Status: in_force

Commencing October 1, 2000, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by the Employees’ Retirement System shall receive a monthly increase of thirty-five dollars ($35) provided the local public board elects to fund the increase. All other beneficiaries of Employees’ Retirement System pensioners shall receive an increase of twenty-five dollars ($25) per month provided the local units elect to fund the increase.
Ala. Code § 36-27-21 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21
Section 36-27-21 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1975 15 Percent Increase
Status: in_force

(a) Any pensioner and any retired member and any member who retires after June 1, 1975, under the Employees’ Retirement System of Alabama whose maximum retirement allowance is based on the minimum guarantee and whose maximum retirement allowance, after taking into account the reduction of certain retirement allowances by the repeal of Act No. 1070 of the 1973 Acts, is not increased in the amount of 15 percent by the 15 percent formula increase provided by the 1975 amendment of Section 36-27-16, is hereby provided, on or after October 1, 1975, an increase in his maximum retirement allowance which shall be sufficient to equal an increase in his maximum retirement allowance of 15 percent.

(b) The funds necessary to pay the increase in retirement allowances described in subsection (a) of this section to employees who participated in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6 shall be provided by the employer participating under said Section 36-27-6.

(c) There is hereby appropriated annually from the funds from which salaries are paid the amounts sufficient to carry out the provisions of this section.

In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supportive funds such additional amounts as may be necessary to pay the employer contribution of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.
Ala. Code § 36-22-3.1 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-3.1
Section 36-22-3.1 Highest Ranking Deputy Sheriff to Serve as Acting Sheriff in Certain Circumstances
Status: in_force

For the purpose of maintaining order and avoiding the disruption in the provision of law enforcement services and the operation of the county jail, the highest ranking deputy sheriff in the office of the sheriff shall discharge the duties of the sheriff when any of the following apply:

(1) When the office of the sheriff is vacant and until a successor is qualified.

(2) When the sheriff is incompetent to act.

(3) When the sheriff is imprisoned.

(4) In any criminal proceeding involving the discharge of the duties of the office of the sheriff in which the sheriff is a party.

(5) In any case when directed by the judge of probate.
Ala. Code § 36-27-136 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-136
Section 36-27-136 Beneficiaries of Pensioners Formerly Participating in Retirement Program of Class 1 Municipality
Status: in_force

Commencing October 1, 1996, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by the Employees’ Retirement System shall receive a monthly increase of fifty dollars ($50) provided the local public board elects to fund the increase. All other beneficiaries of Employees’ Retirement System pensioners shall receive an increase of twenty-five dollars ($25) per month provided the local units elect to fund the increase.
Ala. Code § 36-5-67 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-67
Section 36-5-67 Rights and Remedies of Sureties on Bonds Among Themselves
Status: in_force

Whenever the sureties on either bond have made any payments thereon on account of the principal obligor therein, they are entitled to the same remedies and recoveries against the sureties in the remaining bonds as are provided by Section 11-2-29.
Ala. Code § 36-13-52 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-52
Section 36-13-52 Director - Duties
Status: in_force

(a) The director shall act as a liaison between minority communities and the Governor, with duties to do all of the following:

(1) Conduct community outreach throughout the state to assess and address issues facing women and minorities.

(2) Ensure that all women and minorities are better represented and receive equal access in areas such as business development, education, health care, housing, government services, and criminal justice matters.

(3) Encourage public debate on issues affecting Alabama minority populations, including open access to public services and fair and equitable implementation of public policy.

(4) Assess efforts by state agencies to assist women and minorities, promoting self-sufficiency through education and training.

(5) Collaborate with business and industry representatives, the Alabama Workforce Council, higher education stakeholders, and the Alabama Small Business Commission to facilitate identification of minority and women-owned businesses and to provide recommendations on how to better foster economic development opportunities for minority and women-owned businesses, with the goal of increasing the number of minority and women-owned businesses.

(6) Advise the Governor concerning the coordination and administration of state programs serving minority populations.

(7) Monitor existing legislation and programs designed to meet the needs of minorities.

(8) Research and analyze all areas affecting the quality of life of minorities.

(b) The director shall perform other duties affecting women and minorities, as assigned by the Governor.
Ala. Code § 36-6-60 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-60
Section 36-6-60 Persons Eligible - 2000
Status: in_force

Beginning with the first pay day on or after October 1, 2000, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-62, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a two percent salary increase.
Ala. Code § 36-6-51 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-51
Section 36-6-51 Inapplicability to Employees Covered by Labor Agreement or Contract, or to Certain Judges
Status: in_force

This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor shall this division apply to a state judge whose salary is payable from the State Treasury if the salary of the judge is increased under and by virtue of any of the following:

(1) The recommendations contained in the report of the Judicial Compensation Commission to the 1998 Regular Session of the Legislature becoming law.

(2) The enactment into law of legislation altering and amending the report.

(3) Any other legislation enacted into law during the 1998 Regular or 1998 Special Sessions of the Legislature.
Ala. Code § 36-29-1 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-1
Section 36-29-1 Definitions
Status: in_force

When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) BOARD. The State Employees’ Insurance Board.

(2) CLASS. An employee or retiree shall be included in one of the following classes: (i) active employee single, (ii) active employee family, (iii) non-Medicare retiree single, (iv) non-Medicare retiree family, (v) Medicare retiree single, (vi) Medicare retiree family, (vii) non-Medicare retiree with Medicare eligible dependent(s), or (viii) Medicare retiree with non-Medicare dependent(s).

(3) EMPLOYEE. A person who works full time for the State of Alabama or for a county health department and who receives his or her full compensation on a monthly basis through means of a state warrant drawn upon the State Treasury or by check drawn by the Treasurer of the Alabama State Port Authority or by check drawn by the treasurer of the Alabama state agency for surplus property other than those employees covered by the federal Railroad Retirement Act. Full-time employees of the county health department in all counties having populations of not less than 300,000 nor more than 500,000 shall also be included in the definition of employee for the purpose of this chapter, and the health department of any such county is hereby authorized to pay the employer’s share of any contributions to the retirement fund; provided further, that any district attorney or full-time employees in the district attorney’s office, of any judicial circuit shall be included in the definition of employee for the purpose of this chapter, and the respective judicial circuits are hereby authorized to pay the employer’s share of any contribution therefor and any person employed part time by the State of Alabama on a wage and hourly basis, excluding fee compensations and other like arrangements, shall be included in the definition of employee as defined in this chapter provided such person shall agree to have deducted from his or her hourly wage, as stipulated, a pro rata portion of the premium cost of a full-time state employee based on the percentage of time such person is employed by the state according to rules and regulations established by the State Employees’ Insurance Board. The term shall also include an employee who worked at least 10 years for the State Department of Transportation in “captive county” circumstances as defined by Section 23-1-100 and who was transferred to county employment upon the adoption of Article 3A, Chapter 1, Title 23. Provided further, however, any costs incurred as a result of including such employee in this term shall be payable from funds of the State Department of Transportation.

(4) EMPLOYEE CONTRIBUTION. The amount of the total health insurance premium to be paid by the employee or retiree as determined by the board.

(5) EMPLOYER CONTRIBUTION. The amount of the total health insurance premium to be paid by the employer as determined by the board.

(6) FEDERAL POVERTY LEVEL. Income level determined in Section 673(2) of the Community Services Block Grant Act 2 (42 U.S.C. § 9902(2)). Should the federal government no longer derive or substantially change its derivation of the federal poverty level, the State Employees’ Insurance Board has the authority to derive and apply an alternate poverty level to carry out its obligations under this chapter.

(7) HEALTH INSURANCE PREMIUM. The total health insurance cost under the State Employees’ Health Insurance Plan with respect to each class of employees or retirees. Individual premiums may include adjustments and surcharges for (i) family size including, but not limited to, a husband and wife both being covered by the State Employees’ Health Insurance Plan, (ii) spouse’s eligibility for other health insurance, (iii) smokers and users of tobacco products, (iv) preventative care and wellness care participation, and (v) any such other categories of risk that the board shall approve.

(8) MEDICARE RETIREE. A retiree entitled to benefits under the federal Medicare program (Subchapter XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.).

(9) NON-MEDICARE RETIREE. A retiree not entitled to benefits under the federal Medicare program (Subchapter XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.).

(10) OTHER EMPLOYER GROUP HEALTH INSURANCE COVERAGE. Group health insurance coverage available to an employee or retiree through an employer other than the State of Alabama. Other employer group health insurance coverage does not include the State Employees’ Health Insurance Plan, the Public Education Employees’ Health Insurance Plan, or the local government health insurance plan.

(11) RETIREE. An employee who retires from the service of the State of Alabama, who, at the time of such retirement has at least 10 years of creditable coverage, meets the criteria set out in this chapter and who, following such retirement, draws a monthly benefit from the Employees’ Retirement System of Alabama, the Judicial Retirement System of Alabama, the Teachers’ Retirement System of Alabama, or the Alabama State Port Authority.

(12) STATE EMPLOYEES’ HEALTH INSURANCE PLAN. The health benefit plan administered or offered by the State Employees’ Insurance Board for eligible employees and retirees and their respective dependents. The State Employees’ Insurance Board may offer supplemental coverages and policies in lieu of or in addition to coverage in the basic medical plan of the State Employees’ Health Insurance Plan. Also referred to herein as “health insurance plan” or “plan.”

(13) SUPPLEMENTAL COVERAGE. Coverage offered to employees and retirees by the State Employees’ Insurance Board in lieu of coverage in the basic medical plan of the State Employees’ Health Insurance Plan that supplements an employee’s or retiree’s other employer group health insurance coverage.

(14) SUPPLEMENTAL POLICY. A policy offered to employees and retirees by the State Employees’ Insurance Board, in lieu of or in addition to coverage in the basic medical plan of the State Employees’ Health Insurance Plan, that provides a defined set of benefits.

(15) THIRD PARTY ADMINISTRATOR. An entity contracted by the State Employees’ Insurance Board to provide certain administrative services as it deems appropriate and necessary to carry out its obligations under this chapter.

(16) YEARS OF CREDITABLE COVERAGE. The number of years and months that an employee is covered under the State Employees’ Health Insurance Plan prior to retirement as determined by the State Employees’ Insurance Board, including any periods of full-time permanent employment subsequent to retirement up to a maximum of five years. Creditable coverage shall also include months and years: (1) Related to service in the United States Armed Forces; (2) as a part-time employee prior to October 1, 2005; (3) as an employee as defined in Sections 16-25A-1 and 16-25A-11; (4) as a full time employee of a local legislative delegation office which participates in the Employees’ Retirement System if the employee is under the state employees’ insurance plan on June 14, 2011; (5) as an employee of a postsecondary institution eligible for Public Education Employees’ Health Insurance Plan coverage as a retiree whether the institution participates in the Public Education Employees’ Health Insurance Plan or has its own plan of insurance for active employees, provided the postsecondary institution contributes an amount to the State Employees Insurance Fund for each of its retired employees equal to any amount appropriated by the state to fund benefits for retired employees as determined by the State Employees’ Insurance Board; (6) as a juvenile probation officer provided that the Administrative Office of Courts contributes an amount to the State Employees Insurance Fund for each retired juvenile probation officer equal to any amount appropriated by the state to fund benefits for retired employees as determined by the State Employees’ Insurance Board; or (7) as an employee of the USS Alabama Battleship Commission provided that the USS Alabama Battleship Commission contributes an amount to the State Employees Insurance Fund for each retired employee of the USS Alabama Battleship Commission equal to any amount appropriated by the state to fund benefits for retired employees as determined by the State Employees’ Insurance Board. For employees of the Alabama State Port Authority, the term years of creditable coverage shall mean the sum of the number of years and months of creditable service as determined by the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement System with regard to any periods of time during which such employee was employed under the Merit System plus the number of years and months of creditable service as determined by the State Employees’ Insurance Board with regard to any period of time during which such employee was employed by the Alabama State Port Authority as a non-Merit System employee.

(17) YEARS OF SERVICE. The number of years and months of creditable service by an employee prior to retirement as determined by the Employees’ Retirement System, Teachers’ Retirement System, or Judicial Retirement System including any periods of full time permanent employment subsequent to retirement up to a maximum of five years. Except for creditable service related to service in the United States Armed Forces, or as an employee as defined in Sections 16-25A-1 and 16-25A-11, or as an employee of a postsecondary institution eligible for PEEHIP coverage as a retiree whether the institution participates in PEEHIP or has its own plan of insurance for active employees, the State Employees’ Insurance Board may exclude from years of service any years and months of creditable service it determines was not related to service as an employee as defined in Section 36-29-1. For employees of the Alabama State Port Authority, the term years of service shall mean the sum of the number of years and months of creditable service as determined by the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement System with regard to any periods of time during which such employee was employed under the Merit System plus the number of years and months of creditable service as determined by the State Employees’ Insurance Board with regard to any period of time during which such employee was employed by the Alabama State Port Authority as a non-Merit System employee.
Ala. Code § 36-11-1 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-1
Section 36-11-1 Persons Subject to Impeachment and Removal from Office; Grounds for Impeachment Generally
Status: in_force

(a) The following officers may be impeached and removed from office: judges of circuit and probate courts, district attorneys, judges of the courts of appeals, district judges, sheriffs, clerks of the circuit courts, tax collectors, tax assessors, county treasurers, coroners, notaries public, constables and all other state officers not named in Section 173 of the constitution and all other county officers and mayors and intendants of incorporated cities and towns in this state.

(b) The officers specified in subsection (a) of this section may be impeached and removed from office for the following causes:

(1) Willful neglect of duty;

(2) Corruption in office;

(3) Incompetency;

(4) Intemperance in the use of intoxicating liquors or narcotics to such an extent in view of the dignity of the office and importance of its duties as unfits the officer for the discharge of such duties; or

(5) Any offense involving moral turpitude while in office or committed under color thereof or connected therewith.
Ala. Code § 36-28-5 — Alabama Code / Title 36 / Chapter 28 / Section 36-28-5
Section 36-28-5 Submission, Approval, Etc., of Plans for Coverage of Employees of Political Subdivisions and of State and Local Instrumentalities; Payment, Etc., of Contributions by Political Subdivisions or Instrumentalities and Employees Generally
Status: in_force

(a) Each political subdivision of the state and each instrumentality of the state or of a political subdivision is hereby authorized to submit for approval by the state Comptroller a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable federal law, to employees of any such political subdivision or instrumentality. Each such plan or any amendment thereof shall be approved by the state Comptroller if it finds that such plan or such plan as amended is in conformity with such requirements as are provided in regulations of the state Comptroller; except, that no such plan shall be approved unless:

(1) It is in conformity with the requirements of the applicable federal law and with the agreement entered into under Section 36-28-4;

(2) It provides that all services which constitute employment, as defined in Section 36-28-1, and are performed in the employ of the political subdivision or instrumentality by any employees thereof, shall be covered by the plan;

(3) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (1) of subsection (b) and by subsection (c) are expected to be derived and contains reasonable assurance that such sources will be adequate for such purposes from wages, fees and other compensation for services performed;

(4) It provides for such methods of administration of the plan by the political subdivision or instrumentality as are found by state Comptroller to be necessary for the proper and efficient administration of the plan;

(5) It provides that the political subdivision or instrumentality will make such reports, in such form and containing such information, as the state Comptroller may from time to time require, and will comply with such provisions as the state Comptroller or the federal agency may from time to time find necessary to assure the correctness and verifications of such reports.

(b)(1) Each political subdivision or instrumentality as to which a plan has been approved under subsection (a) of this section shall pay into the Contribution Fund, with respect to wages, as defined in Section 36-28-1, at such time or times as the state Comptroller may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the state Comptroller under Section 36-28-4.

(2) Every political subdivision or instrumentality required to make payments under subdivision (1) of this subsection is authorized, in consideration of the employee’s retention in or entry upon employment after November 1, 1950, to impose upon its employees as to services which are covered by an approved plan, a contribution with respect to wages, as defined in Section 36-28-1, not exceeding the amount of tax which would be imposed by Section 3101 of Title 26, U.S.C.A., if such services constituted employment within the meaning of that act, and to deduct the amount of such contribution from the wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under subdivision (1) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.

(c) Delinquent accounts due under subdivision (1) of subsection (b) of this section shall be assessed a penalty of $10.00 and shall pay late interest based on the 91 day U.S. Treasury bill rate in effect on the date of delinquency and continuing through date of payment. However, in no event shall the rate of interest be less than six percent per annum. Delinquent accounts may be recovered by civil action in a court of competent jurisdiction against the political subdivision or instrumentality liable therefor or shall, at the request of the state Comptroller, be deducted from any other moneys payable to such subdivision or instrumentality by any department or agency of the state. Any entity failing to provide end-of-the-year reconciliations on or before the deadline set by the state Social Security administrator shall be assessed a five-dollar per day unmitigable penalty for each such day of delay.
Ala. Code § 36-27-32 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-32
Section 36-27-32 Annualized Benefit Increase Procedure
Status: in_force

(a) Commencing in the fiscal year beginning October 1, 2026, no benefit increase provided to retirees and beneficiaries under the Employees’ Retirement System, except for retirees and beneficiaries whose employers participate pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, shall be paid unless the increase is granted by a separate legislative act conforming to the requirements of this section. The separate legislative act shall set the amount of the increase and the class of eligible retirees and beneficiaries. Any other benefit increases may be granted by an additional separate legislative act. The Employees’ Retirement System shall pay the benefit increase to the eligible retirees and beneficiaries, except those whose employer participates in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, only if the annual cost of the increase as estimated by the actuary of the system is included and appropriated in the State General Fund appropriation act for that fiscal year by a separate employer rate. Participating employers, except those whose employer participates in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, shall pay the separate employer rate to pay the benefit increase included in the State General Fund appropriation act in the same manner and from the same source of funds as salaries of active members are paid. In any fiscal year in which the required separate employer rate is not identified and appropriated in the appropriation act, eligible retirees and beneficiaries shall not receive, and the Employees’ Retirement System shall not be required to pay, the increase in that fiscal year. The benefit increase may be resumed in any subsequent fiscal year if included in that year’s appropriation act. (b) The Legislature finds and declares that any benefit increase provided for the retirees and beneficiaries of the Employees’ Retirement System pursuant to this section shall not increase the unfunded liability of those retirement systems due to the annual authorization and full annual funding required by this section. (c) Any accounting standards that may imply otherwise and that do not recognize the clear language of this section, declaring that no future liability shall be attributed to the Retirement Systems of Alabama pursuant to this section, shall be disregarded and any audits conducted of the finances of the Retirement Systems of Alabama shall clearly note that those accounting standards do not apply to a benefit increase granted under this section. (d) This section is not applicable to and shall not affect any previous cost-of-living increase or one-time bonus provided to retirees under acts previously passed by the Legislature. (e) Commencing on November 4, 2026, only one retiree and beneficiary increase may be granted per legislative quadrennium pursuant to this section.

(b) The Legislature finds and declares that any benefit increase provided for the retirees and beneficiaries of the Employees’ Retirement System pursuant to this section shall not increase the unfunded liability of those retirement systems due to the annual authorization and full annual funding required by this section.

(c) Any accounting standards that may imply otherwise and that do not recognize the clear language of this section, declaring that no future liability shall be attributed to the Retirement Systems of Alabama pursuant to this section, shall be disregarded and any audits conducted of the finances of the Retirement Systems of Alabama shall clearly note that those accounting standards do not apply to a benefit increase granted under this section.

(d) This section is not applicable to and shall not affect any previous cost-of-living increase or one-time bonus provided to retirees under acts previously passed by the Legislature.

(e) Commencing on November 4, 2026, only one retiree and beneficiary increase may be granted per legislative quadrennium pursuant to this section.
Ala. Code § 36-18-22 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-22
Section 36-18-22 Powers of Director
Status: in_force

The director is hereby authorized and empowered to:

(1) Collect, accept, analyze, test and store DNA samples.

(2) Create, maintain or exchange DNA records.

(3) Analyze, type and record any and all genetic markers contained in or derived from DNA and to provide for the collection, storage and maintenance of genetic identification information as the same may pertain to the identification or exclusion of criminal suspects.
Ala. Code § 36-7-42 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-42
Section 36-7-42 State Not to Be Liable for Damages Resulting from Moving of Household Goods
Status: in_force

The state shall not be held liable for any damages to person or property that may result from such moving of household goods.
Ala. Code § 36-19-13 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-13
Section 36-19-13 Appeal from Decision of Circuit Court to Court of Civil Appeals
Status: in_force

Any owner or occupant who feels himself aggrieved by any such order or affirmed order may, within 10 days after the making or affirming of any such order by the circuit court, file his appeal with the Court of Civil Appeals, to review such order or judgment. Such parties as shall file an appeal in the Court of Civil Appeals to review such order shall file with said court a bond in an amount to be fixed by said court, with at least two sufficient sureties, to be approved by the court, conditioned to pay all the costs on such appeal in case such appellant fails to sustain the said appeal or same is dismissed for any cause.
Ala. Code § 36-15-5.1 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-5.1
Section 36-15-5.1 Deputy Attorneys General
Status: in_force

(a) The position of deputy attorney general of Alabama is created and established.

(b) The Attorney General may appoint, in such a manner or number as the Attorney General deems necessary, deputy attorneys general so long as the number of full-time deputy attorneys general employed in the office of the Attorney General does not exceed 12 and the number of full-time deputy attorneys general employed in any state department or agency does not exceed one. The compensation, salaries, expenses, and benefits of the deputy attorneys general shall be paid from funds available to the Attorney General or the department or agency employing the deputy attorney general.

(c) All deputy attorneys general shall be appointed by and shall serve at the pleasure of the Attorney General and shall perform such duties and exercise such powers as the Attorney General may direct. Notwithstanding the foregoing, when the State Department of Transportation requires the service of a deputy attorney general for condemnation proceedings, the department shall request that the Attorney General appoint a deputy attorney general for the purpose and if the Attorney General does not make the appointment within 30 days from the receipt of the request, the general counsel of the department shall make the appointment from a list of attorneys compiled by the Attorney General which he or she deems to be competent in handling condemnation proceedings.

(d) No person shall be appointed a deputy attorney general who is not authorized to practice law.

(e) Any attorney serving in the classified service of the State of Alabama may be considered by the Attorney General for appointment as a deputy attorney general. In the event that an attorney serving in the classified service of the State of Alabama shall accept appointment as a deputy attorney general and shall later be removed or resign from the position of deputy attorney general, the attorney shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the attorney and to which the attorney would have otherwise been entitled had he or she remained within the classified service.

(f) A deputy attorney general employed in the office of the Attorney General shall be compensated at a rate to be designated by the Attorney General. A deputy attorney general assigned to another department or agency shall be compensated at a rate set by the chief executive officer of the department or agency after consultation with the Attorney General. The compensation of all other deputy attorneys general shall be at a rate set by executive order of the Governor. When designating salaries, the Attorney General shall choose from among the salary ranges set by the State Personnel Board and published in the State of Alabama compensation plan. The establishment of the range and step within the range of the starting salary shall be at the discretion of the Attorney General upon the appointment of each deputy attorney general and may vary between persons so appointed. When so designated, the salaries, expenses, and benefits of a deputy attorney general shall be paid from the State Treasury in the same manner that the salary and expenses of employees in the classified service are paid.
Ala. Code § 36-18-34 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-34
Section 36-18-34 Powers of Director
Status: in_force

(a) For the purposes of performing any of the functions, duties, or responsibilities of the Alabama Department of Forensic Sciences or for the purposes of implementing any provision of this article or to defray the costs thereof, the director may receive, accept, expend, or utilize any and all money or property of whatever nature, kind or description which may now or hereafter be available for such purposes.

(b) For the purposes of implementing any of the provisions of this article, or to defray the costs thereof, the director may award loans or grants of money, equipment or personnel to public or private non-profit corporations, associations, agencies of the State of Alabama or any political subdivision thereof, or to state, county, or municipal law enforcement or prosecutorial or judicial agencies upon such terms and conditions as the director may deem necessary.

(c) The director may enter into agreements with the United States of America, the State of Alabama, any municipality, or any of the respective agencies, institutions, departments, authorities, agents or employees of the above in order to implement the provisions of this article or to defray the costs thereof.

(d) The director may enter into contracts with private persons in order to implement any provision of this article or to defray the costs thereof, provided however, any such agreement or contract shall be approved by the Governor or the Attorney General of the State of Alabama.

(e) The director may receive, accept, utilize, expend, and administer any grants, gifts, donations, reimbursements, or fees from any public, quasi-public, or private source.
Ala. Code § 36-27-71 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-71
Section 36-27-71 Conditions Precedent to Receipt of Credit
Status: in_force

(a) A member of the Employees’ Retirement System of Alabama who becomes eligible under Section 36-27-70 on or after December 28, 2001, may receive credit for employment rendered to a city, county, or a political subdivision thereof of the State of Alabama as provided in Section 36-27-70 provided that as conditions precedent to the receipt of such credit:

(1) Such member shall contribute, prior to the date of his or her retirement to the Employees’ Retirement System for each year of employment with a city, county, or a political subdivision thereof of the State of Alabama, the full actuarially determined cost for each year of service purchased as determined by the system’s actuary.

(2) The city, county, or the political subdivision thereof of the State of Alabama for which such member was employed shall certify in writing to the Employees’ Retirement System the dates of the member’s employment together with a statement certifying that such member was a regular employee of the city, county, or political subdivision thereof in the State of Alabama during such period of claimed credit.

(3) The member shall claim, purchase, and receive credit for eligible service in increments of not less than one year unless such member’s total or balance of such service is less than one year in which event he or she shall claim and purchase credit for the entire period.

(b) A member of the Employees’ Retirement System of Alabama who was eligible under Section 36-27-70 prior to December 28, 2001, may receive credit for employment rendered to a city, county, or a political subdivision thereof of the State of Alabama as provided in Section 36-27-70 provided that as conditions precedent to the receipt of such credit:

(1) Such member shall contribute, prior to December 31, 2003, to the Employees’ Retirement System for each year of employment with a city, county, or a political subdivision thereof of the State of Alabama a percentage of his or her current annual compensation or average final compensation, whichever is greater; the applicable percentage of the annual compensation or average final compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation.

(2) The city, county, or the political subdivision thereof of the State of Alabama for which such member was employed shall certify in writing to the Employees’ Retirement System the dates of the member’s employment together with a statement certifying that such member was a regular employee of the city, county, or political subdivision thereof in the State of Alabama during such period of claimed credit.

(3) The member shall claim, purchase, and receive credit for eligible service in increments of not less than one year unless such member’s total or balance of such service is less than one year in which event he or she shall claim and purchase credit for the entire period.
Ala. Code § 36-3-6 — Alabama Code / Title 36 / Chapter 3 / Section 36-3-6
Section 36-3-6 Term of Office of County Tax Collectors
Status: in_force

There shall be elected at the general election in November a tax collector for each county in the state, who shall perform such duties as are prescribed by law and whose term of office shall be six years from October 1 next after his election and until his successor is elected and qualified.
Ala. Code § 36-27-30 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-30
Section 36-27-30 Applicability of Other Provisions of Law Pertaining to Pensions or Retirement Benefits for State Employees to Members of State Employees’ Retirement System
Status: in_force

No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the said state shall apply to members of the retirement system established by this article, except as to provisions for coverage under the federal Social Security Act, as may be provided by state and federal laws.
Ala. Code § 36-21-51 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-51
Section 36-21-51 Municipal Chiefs of Police or Law Enforcement Officers to Complete Annual Continuing Education Courses
Status: in_force

(a) Each chief of police of any municipality in this state shall annually complete 20 hours of executive level continuing education courses approved by the commission. Any other law enforcement officer in this state shall annually complete 12 hours of continuing education courses approved by the commission. Provided, however, in the case of a law enforcement officer employed by a county sheriff’s department, the training shall be required only if the county commission of the county in which the officer serves shall adopt a resolution requiring such continuing education.

(b) Any chief of police or law enforcement officer who fails or refuses to comply with this section shall be subject to having his or her certification or authority as a law enforcement officer revoked by the commission.

(c) The commission may, for sufficient cause, grant an extension of time in which to complete the courses.

(d) Any chief of police or law enforcement officer who is aggrieved by any order or ruling made under this section shall have the same rights and procedure of appeal as from any other order or ruling of the commission.
Ala. Code § 36-25-3 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-3
Section 36-25-3 State Ethics Commission - Creation, Composition; Annual Reports; Compensation; Political Activities; Director; Personnel
Status: in_force

(a) There is hereby created a State Ethics Commission composed of five members, each of whom shall be a fair, equitable citizen of this state and of high moral character and ability. The following persons shall not be eligible to be appointed as members: (1) a public official; (2) a candidate; (3) a registered lobbyist and his or her principal; or (4) a former employee of the commission. No member of the commission shall be eligible for reappointment to succeed himself or herself. The members of the commission shall be appointed by the following officers: The Governor, the Lieutenant Governor, or in the absence of a Lieutenant Governor, the Presiding Officer of the Senate, and the Speaker of the House of Representatives. Appointments shall be subject to Senate confirmation and persons appointed shall assume their duties upon confirmation by the Senate. The members of the first commission shall be appointed for terms of office expiring one, two, three, four, and five years, respectively, from September 1, 1975. Successors to the members of the first commission shall serve for a term of five years beginning service on September 1 of the year appointed and serving until their successors are appointed and confirmed. If at any time there should be a vacancy on the commission, a successor member to serve for the unexpired term applicable to such vacancy shall be appointed by the Governor. The commission shall elect one member to serve as chair of the commission and one member to serve as vice chair. The vice chair shall act as chair in the absence or disability of the chair or in the event of a vacancy in that office.

Beginning with the first vacancy on the Ethics Commission after October 1, 1995, if there is not a Black member serving on the commission, that vacancy shall be filled by a Black appointee. Any vacancy thereafter occurring on the commission shall also be filled by a Black appointee if there is no Black member serving on the commission at that time.

Beginning with the first vacancy on the State Ethics Commission after January 1, 2011, the commission shall always have as a member a State of Alabama-licensed attorney in good standing.

Beginning with the first vacancy on the State Ethics Commission after January 1, 2016, the commission shall always have as a member a former elected public official who served at least two terms of office.

(b) A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission, and three members thereof shall constitute a quorum.

(c) The commission shall at the close of each fiscal year, or as soon thereafter as practicable, report to the Legislature and the Governor concerning the actions it has taken, the name, salary, and duties of the director, the names and duties of all individuals in its employ, the money it has disbursed, other relevant matters within its jurisdiction, and such recommendations for legislation as the commission deems appropriate.

(d) Members of the commission, while serving on the business of the commission, shall be entitled to receive compensation at the rate of fifty dollars ($50) per day, and each member shall be paid his or her travel expenses incurred in the performance of his or her duties as a member of the commission as other state employees and officials are paid when approved by the chair. If for any reason a member of the commission wishes not to claim and accept the compensation or travel expenses, the member shall inform the director, in writing, of the refusal. The member may at any time during his or her term begin accepting compensation or travel expenses; however, the member’s refusal for any covered period shall act as an irrevocable waiver for that period.

(e) All members, officers, agents, attorneys, and employees of the commission shall be subject to this chapter. The director, members of the commission, and all employees of the commission may not engage in partisan political activity, including the making of campaign contributions, on the state, county, and local levels. The prohibition shall in no way act to limit or restrict such persons’ ability to vote in any election.

(f) The commission shall appoint a full-time director. Appointment of the director shall be subject to Senate confirmation, and the person appointed shall assume his or her duties upon confirmation by the Senate. If the Senate fails to vote on an appointee’s confirmation before adjourning sine die during the session in which the director is appointed, the appointee is deemed to be confirmed. No appointee whose confirmation is rejected by the Senate may be reappointed. The director shall serve at the pleasure of the commission and shall appoint such other employees as needed. All such employees, except the director, shall be employed subject to the state Merit System law, and their compensation shall be prescribed pursuant to that law. The employment of attorneys shall be subject to subsection (h). The compensation of the director shall be fixed by the commission, payable as the salaries of other state employees. The director shall be responsible for the administrative operations of the commission and shall administer this chapter in accordance with the commission’s policies. No rule shall be implemented by the director until adopted by the commission in accordance with Sections 41-22-1 to 41-22-27, inclusive, the Alabama Administrative Procedure Act.

(g) The director may appoint part-time stenographic reporters or certified court reporters, as needed, to take and transcribe the testimony in any formal or informal hearing or investigation before the commission or before any person authorized by the commission. The reporters are not full-time employees of the commission, are not subject to the Merit System law, and may not participate in the State Retirement System.

(h) The director, with the approval of the Attorney General, may appoint competent attorneys as legal counsel for the commission. Each attorney so appointed shall be of good moral and ethical character, licensed to practice law in this state, and be a member in good standing of the Alabama State Bar Association. Each attorney shall be commissioned as an assistant or deputy attorney general and, in addition to the powers and duties herein conferred, shall have the authority and duties of an assistant or deputy attorney general, except, that his or her entire time shall be devoted to the commission. Each attorney shall act on behalf of the commission in actions or proceedings brought by or against the commission pursuant to any law under the commission’s jurisdiction or in which the commission joins or intervenes as to a matter within the commission’s jurisdiction or as a friend of the court or otherwise.

(i) The director shall designate in writing the chief investigator, should there be one, and a maximum of eight full-time investigators who shall be and are hereby constituted law enforcement officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the laws of this state pertaining to the operation and administration of the commission and this chapter. Investigators shall meet the requirements of the Alabama Peace Officers’ Standards and Training Act, Sections 36-21-40 to 36-21-51, inclusive, and shall in all ways and for all purposes be considered law enforcement officers entitled to all benefits provided in Section 36-15-6(f). Notwithstanding the foregoing, the investigators shall only exercise their power of arrest as granted under this chapter pursuant to an order issued by a court of competent jurisdiction.
Ala. Code § 36-29-52 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-52
Section 36-29-52 Assignment of Attachment of Health Benefits
Status: in_force

In the case of any state law authorizing the assignment of benefits or a lien against benefits under a health insurance policy, the health benefits covered under any policy or plan of health insurance may not be assigned by the insured or attached by lien if the policy provides coverage for excepted benefits, as defined in Section 2791(c)(2), (3), and (4) of the Public Health Service Act.
Ala. Code § 36-27-21.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21.1
Section 36-27-21.1 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1978 Cost-of-Living Increase and Cost-of-Living Increases Thereafter
Status: reserved

(a) Except as hereinafter provided, each person having retired under the provision of statutes governing the Teachers’ Retirement System or the Employees’ Retirement System of Alabama prior to October 1, 1977, shall be entitled to receive, in addition to present benefits, a supplemental benefit in an amount based upon his present benefits, according to the following schedule:

(b) There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama the sum of $6,424,920.00 (estimated), or as much as is necessary to carry out the provisions of this section as they relate to the Teachers’ Retirement System of Alabama, for the fiscal year beginning October 1, 1978. For each fiscal year thereafter, the Board of Control shall determine the cost of benefits under this section as the percentage rate of earnable compensation of members required to be paid to the Teachers’ Retirement System. The employers’ payments on account of the increases provided in this section shall be paid in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increase provided for in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

To the extent that the provisions of this section apply to the Employees’ Retirement System of Alabama, there is hereby appropriated from the funds from which salaries are paid the amounts sufficient to carry out the provisions of subsection (a) of this section for the fiscal year beginning October 1, 1978.

The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases provided in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

Subsequent appropriations shall be reduced to only the amount necessary to fund the benefit increases provided in subsection (a) of this section.

No person whose retirement under the Teachers’ or state Employees’ Retirement System is based primarily upon service as an employee of a county, municipality or other local employer shall be entitled to the benefits provided in subsection (a) of this section, unless the county, municipality or other local employer by which he was employed elects to come under the provisions of said subsection. Any county, municipality or other local employer making such election must bear the cost of supplemental benefits paid to its former employees pursuant to this section. A county, municipality or other local employer may elect to come under the provisions of this section at the beginning of any future fiscal year and said county, municipality or other local employer shall not be required to pay said supplemental benefits retroactively.

(c) Any person whose eligibility to receive benefits under the Medicaid program would be impaired by the supplemental benefits provided in subsection (a) of this section shall not be entitled to receive said supplemental benefits.

Any person retired under the Judicial Retirement System, provided for in Chapter 18 of Title 12, shall not be deemed a retiree of the Teachers’ or Employees’ Retirement Systems for purposes of this section and shall not be entitled to receive the supplemental benefits herein provided.

Any person retired under the provisions of Sections 36-27-7 and 36-27-7.1 shall not be entitled to the supplemental benefits herein provided.

(d) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to retired members of the Teachers’ and Employees’ Retirement Systems of Alabama; provided however, that those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 36-21-102 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-102
Section 36-21-102 Tuition Benefits; Eligibility
Status: in_force

When a full-time law enforcement officer or full-time firefighter employed by the state, by any county, or by any municipality, a volunteer firefighter, or a rescue squad member is or was killed or becomes totally disabled in the line of duty, free tuition for undergraduate study at any state college, state community college, state junior college, state technical college, in the State of Alabama, and other costs officially prescribed for the classes in the course of study, shall be paid for the following:

(1)a. Any dependent child, natural or adopted, under 21 years of age at the time of death or total disability; any dependent natural child under the age of 21 born after the death of the law enforcement officer, firefighter, or rescue squad member; or any dependant child, natural or adopted, under 21 years of age who is born or adopted after the total disability of the law enforcement officer, firefighter, or rescue squad member.

b. Notwithstanding paragraph a., to receive benefits under this section an adopted dependent shall have been adopted, and resided in the household of the law enforcement officer, firefighter, or rescue squad member, for at least five years prior to enrollment in undergraduate study.

(2) A spouse who has not remarried, provided initial enrollment is within five years of the death or total disability of the law enforcement officer, firefighter, volunteer firefighter, or rescue squad member.
Ala. Code § 36-3-3 — Alabama Code / Title 36 / Chapter 3 / Section 36-3-3
Section 36-3-3 Terms of Office of District Attorneys
Status: in_force

District attorneys shall hold office for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.
Ala. Code § 36-5-10 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-10
Section 36-5-10 Failure to Endorse Date of Filing on Bond
Status: in_force

Any officer who fails to endorse the date of the filing of an official bond as required by law must, on conviction, be fined not less than $50.00.
Ala. Code § 36-13-16 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-16
Section 36-13-16 Disclosure of Expenses and Flight Logs; Audit
Status: in_force

(a) The Governor shall disclose and make available flight logs of the state aircraft. Except for flight logs of aircraft used for ongoing criminal investigations by the Department of Public Safety, the Governor shall maintain a record of the flight logs for public inspection and shall post records of the flight logs on the Internet at the official website of the Governor. The records posted on the website shall include, but not be limited to, all of the following information of each flight:

(1) The date of departure.

(2) The destination.

(3) The purpose.

(4) A manifest of all passengers.

(5) The date of return.

(b) The disclosures and posting under subsection (a) shall be made quarterly, on the first working day of the second quarter following the quarter that is the subject of the report.

(c) The Department of Examiners of Public Accounts shall annually audit the usage of the state airplane and the quarterly disclosure required in subsection (b).
Ala. Code § 36-26-13 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-13
Section 36-26-13 Certification of Payrolls, Etc., for Payment of State Employees; Actions to Recover Moneys Improperly Paid, Restrain Improper Payments, Etc
Status: in_force

It shall be unlawful for the Comptroller, any county official, officer or employee or any other fiscal officer to draw or issue any warrant on the State Treasury, county treasurer or county depository for the payment of any salary or compensation to any person in the state service for personal services, unless the payroll, estimate, voucher or account for such salary or compensation containing the name of the person to be paid shall bear the certification of the director that the person or persons named therein are employees of the state and are legally entitled to receive the sums stated therein.

Any sum paid contrary to any provision of this article or of any rule, regulation or order thereunder may be recovered in an action maintained in the name of the state by the Attorney General or by any citizen or taxpayer of Alabama from any officer who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment or from the sureties on the official bond of any such officer. All moneys recovered in any such action shall be paid into the State Treasury.

The Attorney General or any citizen or taxpayer of Alabama may likewise maintain a civil action to restrain a disbursing officer from making any payment in contravention of any provision of this article or of any rule, regulation or order thereunder.

Any person appointed or employed in contravention of any provision of this article or of any rule, regulation or order thereunder who performs service for which he is not paid may maintain an action against the officer or officers who purported so to appoint or employ him to recover the agreed pay for such services or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the state at any time for any sum paid to such person on account of such services.

If the director wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain an action to compel the director to certify such payroll voucher or account.
Ala. Code § 36-32-8 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-8
Section 36-32-8 Penalty for Employing Firefighter Failing to Meet Standards
Status: in_force

Any person who shall permanently employ any trainee who, to the knowledge of the employer, fails to meet the minimum standards provided in Section 36-32-7 or the standards, rules and regulations issued by the commission under this chapter, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $1,000.00.
Ala. Code § 36-21-55.1 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-55.1
Section 36-21-55.1 Creation of Database; Reporting of Information; Maintenance and Confidentiality
Status: in_force

(a)(1) By October 1, 2023, the Alabama Peace Officers’ Standards and Training Commission shall develop, implement, and maintain a centralized and electronic Law Enforcement Officer Employment Database. The database shall include, but shall not be limited to, all of the following reportable offenses:

a. Dates of hire, appointment, and reportable separation as defined in Section 36-21-55 of a law enforcement officer from any law enforcement agency through which the officer is or has been employed.

b. Information relating to disciplinary action as defined in Section 36-21-55 taken by a law enforcement agency against a law enforcement officer.

c. Use of force complaints as defined in Section 36-21-55 against a law enforcement officer.

d. Any instance of a law enforcement officer’s reassignment for cause as defined in Section 36-21-55.

e. Status of compliance with continuing education requirements.

(2) The database shall have a uniform document for law enforcement agencies to use in the electronic reporting and uploading of the information required in subdivision (1). The database shall also have the ability to upload explanatory or supporting documents submitted by law enforcement agencies.

(3) The commission shall ensure that the database is compatible with any federal database, implemented for purposes of law enforcement, by the Attorney General of the United States or other entity as directed by federal law or order.

(4) The commission may contract with a third party for the development of the database. The database shall be designed for access by all law enforcement agencies in the state.

(b)(1) Within 30 days after disciplinary action as defined in Section 36-21-55 against a law enforcement officer is final, or reassignment for cause as defined in Section 36-21-55, a law enforcement agency shall report information regarding the disciplinary action or reassignment to the commission electronically through the uniform document referenced in subdivision (a)(2) for entry into the database. This information shall include the name of the law enforcement officer; the date of the disciplinary action; the type of disciplinary action imposed; a description of the conduct upon which such disciplinary action is based; and the name of the person alleging the complaint. This information shall be reported even if the law enforcement officer separates from the investigating law enforcement agency prior to serving any recommended suspension.

(2) Within 30 days after any use of force complaint as defined in Section 36-21-55 against a law enforcement officer is adjudicated and the law enforcement agency’s decision regarding the complaint becomes final, a law enforcement agency shall report to the commission information relating to the use of force complaint electronically through the uniform document referenced in subdivision (a)(2) for entry into the database. The information should identify the complainant and the law enforcement officer; the date of the complaint; the substance of the complaint; and the outcome of any investigation and any internal appeal regarding the complaint. This information shall be reported even if the law enforcement officer separates from the investigating law enforcement agency prior to serving any recommended suspension.

(3) Within 15 days of the reportable separation as defined in Section 36-21-55 of a law enforcement officer from a law enforcement agency, the law enforcement agency shall report the separation through the uniform document referenced in subdivision (a)(2) for entry into the database.

(4) A law enforcement agency shall preserve and maintain any information that is required to be reported under this section for a period of 12 years.

(c) Information maintained in the database shall be confidential and may only be disclosed as provided in this division for official law enforcement purposes or pursuant to a court order. In no instance may the information be disclosed pursuant to public records’ requests under Section 36-12-40. A person who knowingly discloses information in the database without authorization or in violation of this section shall be guilty of a Class A misdemeanor.

(d) Any employee of the commission or a law enforcement agency shall be immune from any and all civil or criminal liability for the good faith transmittal to, entry in, or use of information in the database for the purposes set forth in this division.

(e) For the purpose of evaluation of candidates for employment or appointment as a law enforcement officer with a law enforcement agency, a law enforcement agency shall access the information contained in the database.

(f) The commission may adopt rules for the implementation and administration of this division.
Ala. Code § 36-22-4 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-4
Section 36-22-4 Claims of Chief Deputies for Compensation for Services Performed Deemed Preferred Claims Against Counties
Status: in_force

Claims of chief deputy sheriffs for services performed by them and authorized by law to be paid to them out of the county treasury are preferred claims against the county and shall be given the same priority as compensation of the members of the county commission.
Ala. Code § 36-13-10 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-10
Section 36-13-10 Control of Property of State; Exceptions
Status: in_force

All property belonging to the state, not including money or evidence of debt, is, unless otherwise provided by law, under the control of the Governor.
Ala. Code § 36-21-103 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-103
Section 36-21-103 Forms and Applications for Implementation
Status: in_force

The Alabama Commission on Higher Education shall provide the necessary forms and applications for the implementation of this article, and shall supervise said implementation with the state college, state community college, state junior college, state technical college, or state university concerned.
Ala. Code § 36-4-1 — Alabama Code / Title 36 / Chapter 4 / Section 36-4-1
Section 36-4-1 Administration of Official Oaths
Status: in_force

In all cases in which it is not otherwise provided by law, the oaths of office may be administered by any officer authorized to administer an oath, must be written out and subscribed by the person taking the same and must be accompanied with the certificate of the officer administering such oaths, specifying the day and year on which the same were taken.
Ala. Code § 36-14-19 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-19
Section 36-14-19 Electronic Recordation Process for Business Entity Filings
Status: in_force

(a) The Secretary of State shall develop a program to facilitate the administration of an electronic process for the recordation of filing activities by business and nonprofit entities required under Title 10A. A county may participate in the program in accordance with this section. Under the program, the Secretary of State may contract with a vendor to provide electronic processing services which may include, but are not limited to, the online filing of forms, online recording, payment of fees through credit or debit cards, and any other service related to the administration of the electronic process, as determined by the Secretary of State. The Secretary of State may also develop a certification process to allow third parties to provide these electronic processing services. All recording fees, whether established by general law, general law of local application, or local law, shall be collected by the vendor and the fees, applicable to the county, including all data associated with the local recording fees, shall be remitted by the vendor to each participating county no less than twice per month.

(b) A county may participate in the program by written agreement between the county commission, judge of probate, and the Secretary of State. Any agreement shall be a voluntary decision made exclusively by the county. The Secretary of State or the applicable county may terminate an agreement at any time upon 120 days’ written notice. Upon written notice of termination, the Secretary of State shall instruct the electronic process vendor that it shall finalize and transmit all final recording fees collected, and all data related thereto, to the applicable county not more than 30 days after the date on which use of the electronic system ceases.

(c) The cooperation between the Secretary of State and a county shall be at no additional cost to the county or the state.

(d) The cooperation between the Secretary of State and a county as provided for in this section shall satisfy any and all fee and filing requirements whether prescribed by general law, general law of local application, or local law applicable to the participating county, and, furthermore, fulfill any and all statutory requirements of a county commission, judge of probate, and the Secretary of State as it relates to filing activities of business entities.

(e) A judge of probate may continue to provide filing services pursuant to current procedures and is in no way bound or obligated to participate in the electronic process for the recordation of filing activities as provided for by this section.
Ala. Code § 36-12-46 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-46
Section 36-12-46 Discovery Proceedings
Status: in_force

Nothing in this article shall be construed to permit any party to a pending or threatened action, suit, or proceeding to obtain information regarding a matter relevant to the pending or threatened action, suit, or proceeding in lieu of the proper discovery methods provided under applicable rules of procedure.
Ala. Code § 36-28-8 — Alabama Code / Title 36 / Chapter 28 / Section 36-28-8
Section 36-28-8 Contribution Fund
Status: in_force

(a) There is hereby established a special fund to be known as the Contribution Fund. Such fund shall consist of and there shall be deposited in such fund: (1) All contributions, interest and penalties collected under Sections 36-28-5 and 36-28-7; (2) All moneys appropriated thereto under this chapter; (3) Any property or securities and earnings thereof acquired through the use of moneys belonging to the fund; (4) Interest earned upon any moneys in the fund; and (5) All sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. Subject to the provisions of this chapter, the state Comptroller is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof consistent with the provisions of this chapter.

(b) The Contribution Fund shall be established and held separate and apart from any other funds or moneys of the state and shall be used and administered exclusively for the purpose of this chapter. Withdrawals from such fund shall be made for and solely for:

(1) Payment of amounts required to be paid to the federal agency pursuant to an agreement entered into under Section 36-28-4;

(2) Payment of refunds provided for in subsection (c) of Section 36-28-7; and

(3) Refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.

(4) To transfer such funds, not otherwise required in subdivisions (1), (2) and (3) of this subsection, into the Social Security Special Allocation Account, for administration. Such sum is hereby appropriated for this purpose.

(c) From the Contribution Fund the custodian of the fund shall pay to the federal agency such amounts and at such time or times as may be directed by the state Comptroller in accordance with any agreement entered into under Section 36-28-4 and applicable federal law.

(d) The Treasurer of the state shall be ex officio treasurer and custodian of the Contribution Fund and shall administer such fund in accordance with the provisions of this chapter and the directions of the state and shall pay all warrants drawn upon it in accordance with the provisions of this section and with such regulations as the state Comptroller may prescribe pursuant thereto.

(e)(1) There is appropriated annually to the Contribution Fund, in addition to the contributions collected and paid into the Contribution Fund under Sections 36-28-5 and 36-28-7, to be available for the purposes of subsections (b) and (c) of this section, until expended, such additional sums as are found to be necessary in order to make the payments to the federal agency which the state is obligated to make pursuant to an agreement entered into under Section 36-28-4; provided, that the sums necessary to match Social Security contributions by employees covered under the Teachers’ Retirement System are hereby appropriated annually from the Education Trust Fund; provided further, that the sums necessary to match Social Security contributions by state employees other than those covered by the Teachers’ Retirement System are hereby appropriated annually from the fund from which the salaries of such employees of each employer are paid.

In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the sums necessary to match Social Security contributions by employees of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.

(2) The state Comptroller shall submit to each regular session of the state Legislature, at least 90 days in advance of the beginning of such session, an estimate of the amounts appropriated to the Contribution Fund by subdivision (1) of this subsection for the next appropriation period.

(f) Where Social Security contributions are made from salaries paid from federal funds, the employer shall pay from such federal funds to the state Comptroller for Social Security the amount calculated as a percentage of the salaries of those teachers to be contributed by the state as employer in accordance with Sections 36-28-5 and 36-28-7. Such amounts shall be paid by separate check payable to the state Comptroller for Social Security representing the employer tax at the same time as employee Social Security contributions are paid to the state Comptroller; provided, that the provisions of this subsection shall not apply to funds received under the provisions of the Hatch Act of 1887, as amended in 1955, and the McIntyre-Stennis Act (Cooperative Forestry Research Act of 1962) of the Congress of the United States for the support of agriculturally related research.
Ala. Code § 36-26-44 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-44
Section 36-26-44 Inspection of Records of Department
Status: in_force

The records of the department, except such records as the rules may require to be held confidential by reasons of public policy, shall be public records and shall be open to public inspection, subject to regulations as to the time and manner of inspection which may be prescribed by the director.
Ala. Code § 36-27E-7 — Alabama Code / Title 36 / Chapter 27E / Section 36-27E-7
Section 36-27E-7 Sources of Funding; Agreements; Transfer of Funds; Amendment or Modification of Trust Fund; Exemption from Taxation; Annual Financial Statements
Status: in_force

(a)(1) The sources of funding to the trust fund may consist of all of the following:

a. Investment income.

b. Proceeds of any gifts, grants, or contributions.

c. Revenue sources as directed by the Legislature.

d. Revenue sources other than direct appropriations by the Legislature.

(2) The sources of funding to the trust fund may not consist of State General Fund revenue, and those revenues are expressly prohibited from that use. The trust fund shall be funded from sources other than the State General Fund.

(b) The agreements creating the trust fund shall be irrevocable, and the assets of the trust fund may not be expended, disbursed, loaned, or transferred, or used for any purpose other than to acquire permitted investments, pay administrative expenses, and provide periodic bonus checks to or for retired employees and their beneficiaries. The Legislature may not appropriate the assets of the trust fund.

(c) Upon certification from the actuary of the State Employees’ Retirement System that the assets of the trust fund are sufficient to fund periodic bonus checks as provided for by legislation granting the periodic bonus checks, the trustees shall transfer the amount of assets certified by the board of control to the State Employees’ Retirement System to fund those bonuses or increases.

(d) Notwithstanding subsection (c), the trustees may amend or modify the trust fund, consistent with the legislative intent of this chapter, in any of the following circumstances:

(1) If, in the opinion of counsel for the trustees, it is necessary or advisable to obtain any material tax advantage or avoid any material adverse tax result.

(2) If, in the opinion of an independent accountant for the trustees, it is necessary or advisable to cause the trust fund to be considered a post-employment benefits trust fund in accordance with generally accepted governmental accounting principles as prescribed by the Governmental Accounting Standards Board, or its successor.

(3) If, in response to a petition of the trustees requesting that the trust fund be amended, a court of competent jurisdiction determines that the amendment is necessary or advisable to accomplish the purposes of this chapter.

(e) All assets and income of the trust fund shall be exempt from taxation by the state or any political subdivision thereof. The assets of the trust fund are not subject to the claims of creditors of the state, the board of control, trustees, plan administrators, employees, retired employees, or beneficiaries, and are not subject to execution, attachment, garnishment, the operation of bankruptcy, insolvency laws, or any other process whatsoever, and no assignment thereof shall be enforceable in any court.

(f) The trustees shall prepare the annual financial statements of the trust fund in accordance with generally accepted governmental accounting principles and shall provide for an audit of those financial statements for each fiscal year to be conducted by a qualified independent certified accounting firm in accordance with generally accepted auditing standards.
Ala. Code § 36-22-1 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-1
Section 36-22-1 Bond
Status: reserved

Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
Ala. Code § 36-26-111 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-111
Section 36-26-111 Other Disciplinary Action - Authorized; Notice; Conditions
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.