AL Code § 45-37A-51.302 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 37A - Jefferson County Municipalities.|Article 5 - Birmingham.|Part 2 - Employees.|Part 2 - Retirement and Relief System.|Division 9 - Constructive Subsidiaries of the City.|Section 45-37A-51.302 - Civic Center.

Section 45-37A-51.302Civic center. (a) For the purpose of the application of the system to the extent herein provided, and for that purpose only, and except as may be otherwise or differently provided herein, the employment by the civic center of employee members shall be deemed constructively employment by the city during all of their time in the service of the civic center after the adoption of this section, with like effect as though the employee members, while working for the civic center, were actually working as employees of the city, subject to this pension system. This section shall not apply unless all of the conditions hereinafter specified are met. (1) This section shall not apply to any employee member unless within 30 days after he or she leaves the service of the city he or she is employed by the civic center on a salary payable at regular specified intervals; any person employed by the civic center on a part time basis before he or she leaves, or when he or she leaves, the service of the city shall be within the scope of the next foregoing sentence, if he or she continues in the employ of the civic center. (2) This section shall not apply unless the employee member leaves in the system fund the contributions made by him or her to the fund. (3) This section shall not apply unless, within the time below stated, the civic center gives written notice to the board of managers that the civic center elects for this section to apply to the employment of the employee member by the civic center. This section shall not apply unless the board of managers receives notice within 45 days of the employee member's leaving the service of the city. The board, in its discretion, may accept and treat as binding notice received after that time, if the board finds that delay in forwarding the notice was justified. After giving notice, it shall be the duty of the civic center to make or cause to be made and paid into the pension fund deductions from the salary of its employee who is the subject of the notice, and to do so in all respects as is provided by the system for the city to make deductions and pay into the fund from salaries of its employees who are employee members, and it shall be the further duty of the civic center to make the employer's required contributions pursuant to Section 45-37A-51.192 to the fund from its own funds in respect to any employee who is the subject of the notice, in all respects as it is made the duty of the city to make the employer's required contributions pursuant to Section 45-37A-51.192 in respect of its employees who are employee members, and it shall be the further duty of the civic center to fully cooperate with the board of managers, the city director of finance, and the custodian in the administration of the system. (b) After the board of managers receives the certificate from the civic center, the election made by civic center for this section to apply to the employee member named in the certificate shall be irrevocable. (Act 2006-339, p. 851, Art. IX, §3; Act 2021-245, §1.)