reglab/housing_qa huggingface dataset:
AL Code § 45-37A-51.130 (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 3 - Administration of Plan.|Section 45-37A-51.130 - Board of Managers.

Section 45-37A-51.130Board of managers. The system shall be administered by a board of managers consisting of nine members as follows: (1) The mayor of the city, who shall serve as chair. (2) A member appointed by the personnel board of the city. (3) A participant in the system, who shall be a general employee elected by a majority of the votes cast by the general employees of the city who are active participants in the system. (4) A member appointed by the mayor. (5) A person who is not a participant in the system, who shall be elected by a majority of the votes cast by the participants in the system. (6) A police officer, who shall be elected by a majority of the votes cast by the police officers who are participants in the system. (7) A firefighter, who shall be elected by firefighters who are participants in the system. (8) A second participant in the system, who shall be a general employee elected by a majority of the votes cast by the general employees of the city who are active participants in the system. (9) A retiree of the system, who retired with a retirement benefit and is elected by a majority of the votes cast by the retirees who have a retirement benefit of the system. (Act 2006-339, p. 851, Art. III, § 1.)
AL Code § 45-37A-51.132 (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 3 - Administration of Plan.|Section 45-37A-51.132 - Meetings of the Board of Managers.

Section 45-37A-51.132Meetings of the board of managers. The board of managers shall meet on the third Wednesday in each calendar month in the office of the chair or such other place as the board may designate. The board shall not be required to meet unless there is pending before the board an application for a pension, relief, or benefit; or unless there is pending some other matter of consideration by the board. The board of managers by virtue of a resolution adopted by it may change the regular meeting from Wednesday to such other date as may be most convenient to the board. (Act 2006-339, p. 851, Art. III, §3.)
AL Code § 45-37A-51.133 (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 3 - Administration of Plan.|Section 45-37A-51.133 - Special Meetings of the Board of Managers.

Section 45-37A-51.133Special meetings of the board of managers. Any five board members, after due notice having been given to all members of the board, may meet in special meeting and transact any business of the board. The secretary shall be present and record the proceedings of the special meeting as hereinafter provided. (Act 2006-339, p. 851, Art. III, §4.)
AL Code § 45-37A-51.134 (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 3 - Administration of Plan.|Section 45-37A-51.134 - Secretary of the Board.

Section 45-37A-51.134Secretary of the board. The personnel director shall be secretary of the board and shall be present at every meeting of the board and keep a record of all proceedings of the board and of all orders and decisions of the board. In the event the personnel director is temporarily unable to fulfill his or her obligations, the board may appoint a temporary replacement to take and record the minutes of the meeting. (Act 2006-339, p. 851, Art. III, §5.)
AL Code § 45-37A-51.135 (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 3 - Administration of Plan.|Section 45-37A-51.135 - Quorum.

Section 45-37A-51.135Quorum. Five members of the board, when assembled either in regular or special meeting, shall constitute a quorum for the transaction of any and all business of the board and the affirmative vote of five members shall be necessary and sufficient to pass any motion or resolution. (Act 2006-339, p. 851, Art. III, §6.)
AL Code § 45-37A-51.136 (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 3 - Administration of Plan.|Section 45-37A-51.136 - Powers and Duties of the Board.

Section 45-37A-51.136Powers and duties of the board. The board shall have such powers as are necessary for the proper administration of the system including, but not limited to, the following: (1) To prescribe procedures to be followed by participants, and their beneficiaries, in filing applications for benefits and for the furnishing of evidence necessary to establish employees’ rights to such benefits. (2) To make determinations as to the rights of any participant or their beneficiaries applying for or receiving benefits, and to afford any such individual dissatisfied with any such determination the right of a hearing thereon. (3) To develop procedures for the establishment of credited service of participants; and, after affording participants an opportunity to make objection with respect thereto, to establish such service conclusively in advance of retirement. (4) To retain and pay from the fund the services of a consultant and actuary. (5) To receive and pay from the fund periodic, not more often than once a year, actuarial valuations of the plan. (6) To retain and pay from the fund the services of investment advisors. (7) To retain and pay from the fund the services of an accountant or auditor. (8) To obtain from the city, the plan consultants, and actuaries, if any, and from the participants, such information as shall be necessary for the proper administration of the plan and pay from the fund any reasonable expense incurred in connection therewith. (9) To retain and pay from the fund the services of such additional professional counsel as the board may deem necessary for the proper management and administration of the system. (10) To provide rules and procedures for the administration of pension loans. (11) To retain and pay from the fund the services of such additional medical professional as the board may deem necessary for the proper administration of disability or death benefits for the system. (12) To retain and pay from the fund such other services as the board may deem necessary for the proper management and administration of the system. (13) To waive the requirement for reimbursement of any overpayment of benefits for any retiree or survivor provided that such overpayment was not due to any negligence, misinformation, or wrongful conduct on the part of such retiree or survivor. (Act 2006-339, p. 851, Art. III, §8.)
AL Code § 45-37A-51.138 (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 3 - Administration of Plan.|Section 45-37A-51.138 - Legislative Reports.

Section 45-37A-51.138Legislative reports. (a) In addition to periodic actuarial valuations of the fund which the board may from time to time require, the board, upon request, shall transmit to each member of the Alabama House of Representatives representing the county or any part thereof, and to each member of the Alabama Senate from every senatorial district within the county, or partly within the county, an actuarial analysis of the system as of the end of the city’s fiscal year immediately preceding the report specifically answering the following questions: (1) Are the contributions to the fund sufficient to pay the benefits provided herein? If not, what additional contributions are necessary? (2) Are the benefits provided herein sufficient in amount to consume the contributions required herein, or are they as large as to render the fund insolvent; and in the event of the finding of either contingency, what adjustments should be made? (3) What provision should be made either in contributions by employees or by the city to render the fund solvent with respect to allowances made for prior service? (b) In addition to the foregoing, the board of managers shall transmit to the representatives and senators each of the following: (1) A draft of such laws as the board deems necessary to keep or make the fund actuarially solvent, and of such laws as the board believes would improve the pension system. (2) A recital of the reasons for the recommendation of the proposed laws; detailed and specific recommendations as to what benefits should be reduced, or what additional contributions should be made, to the end that the fund shall be solvent, safe, and sound for the protection of the employees covered thereby. (Act 2006-339, p. 851, Art. III, §10.)
AL Code § 45-37A-51.160 (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 4 - Eligibility to Participate.|Section 45-37A-51.160 - General Rule.

Section 45-37A-51.160General rule. Each qualified employee in the city who is in the classified service or full-time unclassified service hired after January 1, 1989, including each qualified employee in the full-time service of the police and fire departments shall be a participant in the system, except as provided in Section 45-37A-51.161. Those officers and appointed employees, who have not timely elected to participate as set forth in Section 45-37A-51.162, shall not participate in the pension system. (Act 2006-339, p. 851, Art. IV, §1.)
AL Code § 45-37A-51.161 (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 4 - Eligibility to Participate.|Section 45-37A-51.161 - Exception to General Rule.

Section 45-37A-51.161Exception to general rule. (a) Anything herein to the contrary notwithstanding, no member of the pension system provided by the following legislation, if such legislation is applicable to the city, shall be a member of the system: (1) The Policemen’s Pension and Relief Plan provided by Act 502 of the 1923 Session of the Legislature of Alabama, as amended or codified. (2) The Firemen’s Pension and Relief Plan provided by Act 307 of the 1943 Session of the Legislature of Alabama, as amended (Acts 1943, p. 264). (3) The Limited Policemen’s Retirement and Relief System provided by Act 470 of the 1955 Regular Session of the Legislature of Alabama, as amended (Acts 1955, p. 1067). (4) Limited Firemen’s Pension and Relief System provided by Act 217 of the 1966 Special Session of the Legislature of Alabama, as amended (Acts 1966, p. 280). (b) No person who may enter the service on or after September 19, 1939, whether in the police or fire department or not, shall become a member of the aforesaid policemen’s pension and relief plans or of aforesaid firemen’s pension and relief plans, but shall become a member of the system as a qualified employee in the classified service. In the event of reentry into the service of the police department of a former member of the policemen’s plan shall again become a member of the policemen’s plan if otherwise eligible for membership therein, and that in the event of reentry into the service of the fire department of a former member of the firemen’s plan shall again become a member of the firemen’s plan if otherwise eligible for membership therein. In the event any member of such policemen’s plans or firemen’s plans be transferred within the service to a department of the city other than the police or fire department shall become a member of the system, and all his or her contributions to the policemen’s or firemen’s plan after date of establishment, plus matching contributions of the city, shall be transferred to the fund of the system. (Act 2006-339, p. 851, Art. IV, §2.)
AL Code § 45-37A-51.163 (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 4 - Eligibility to Participate.|Section 45-37A-51.163 - Purchase of Credit for Certain Prior Unclassified Service.

Section 45-37A-51.163Purchase of credit for certain prior unclassified service. Payment for such time under 10 years earned prior to January 1, 1989, has been made in full. If such service totals were more than 10 years, selection of option (2) provided the participant with credit for one-half of each year completed in the unclassified service of the city prior to becoming a participant or employee member and required the payment only of any refund of contributions from any unclassified service pension directly to this system. The option herein provided shall have been exercised not later than May 15, 1989. In the event an individual did not exercise this option in writing, that individual was continued in any unclassified service pension plan under option (1). (Act 2006-339, p. 851, Art. IV, §4.)
AL Code § 45-37A-51.164 (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 4 - Eligibility to Participate.|Section 45-37A-51.164 - Board of Health.

Section 45-37A-51.164Board of health. Participants who were members of the system prior to June 1, 1994, and who made a written election to continue participation in the system are participants, subject to exception herein. No board of health employees hired after June 1, 1994, are eligible to participate in the system. (Act 2006-339, p. 851, Art. IV, §5.)
AL Code § 45-37A-51.165 (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 4 - Eligibility to Participate.|Section 45-37A-51.165 - Reemployment.

Section 45-37A-51.165Reemployment. (a) In the event a participant should cease to be a participant hereunder, should elect a return of his or her contributions as provided in Section 45-37A-51.234 hereof, and should thereafter again become a participant hereunder, such participant shall have the right to elect to have his or her previously credited service reinstated. Should he or she so elect, the participant shall be liable to the fund for the amount of the contributions previously refunded to such participant and the city director of finance shall deduct the liability from the salary in 20 monthly installments of approximately equal amounts including interest from the date of such refund of contributions at such rate used in the most recent earnings assumption in the actuarial report compounded annually per annum. Alternatively, the city director of finance shall be authorized to set such monthly installments, including interest as herein specified, over such lesser number of months as shall provide for monthly installments of not less than ten dollars ($10). (b) Effective July 1, 2006, any city employee, who has prior service time with the city but has not prior to that date purchased his or her prior service time with the city, shall have until July 1, 2009, to apply to purchase this prior city service time. Any employee who does not purchase his or her prior service time with the city by July 1, 2009, cannot use service time purchased after that date for the purpose of the DROP benefit set forth in Section 45-37A-51.245. (c) All employees of the city who are hired or rehired after July 1, 2006, shall have one year from the effective date of reemployment within which to apply for the purchase of prior city service time or thereafter forfeit the ability to apply for credit for prior city service time. (Act 2006-339, p. 851, Art. IV, §6.)
AL Code § 45-37A-51.166 (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 4 - Eligibility to Participate.|Section 45-37A-51.166 - Employees of Library Board, Airport Authority, Emergency Management District Agency, Communication District, and Civic Center Authority.

Section 45-37A-51.166Employees of library board, airport authority, emergency management district agency, communication district, and civic center authority. Employees of the library board, airport authority, emergency management district/agency, communication district, and civic center authority may participate in the benefits of this plan under the terms of Division 9. (Act 2006-339, p. 851, Art. IV, §7.)
AL Code § 45-37A-51.167 (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 4 - Eligibility to Participate.|Section 45-37A-51.167 - Executive Exempt Service Employees.

Section 45-37A-51.167Executive exempt service employees. Executive exempt service employees under Section 45-37-121.25 shall be members of the system for the department in which they serve unless the exempt person elects in writing to forfeit such participation. (Act 2006-339, p. 851, Art. IV, §8.)
AL Code § 45-37A-51.168 (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 4 - Eligibility to Participate.|Section 45-37A-51.168 - Others Authorized to Participate.

Section 45-37A-51.168Others authorized to participate. Any one for whom the Legislature has authorized participation herein is otherwise qualified to participate. (Act 2006-339, p. 851, Art. IV, §9.)
AL Code § 45-37A-51.169 (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 4 - Eligibility to Participate.|Section 45-37A-51.169 - Correction of Errors.

Section 45-37A-51.169Correction of errors. (a) The system shall have the authority to recalculate benefits if a mistake in payments has occurred. If the system mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as practicable after the mistake is discovered. (b) If the benefit was mistakenly set too low, the system shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid, plus interest at the rate of five percent compounded annually per annum from the date the unpaid amounts accrued to the date of payment. (c) If the benefit was mistakenly set too high, the system may recover the amount overpaid from the recipient thereof, either directly or by deducting such amount from the remaining benefits payable to the recipient. However, if the amount of benefits was mistakenly set too high; and the error was undiscovered for three years or longer; and the error was not the result of incorrect information supplied by the affected member or beneficiary; then upon discovery of the mistake, the benefit shall be adjusted to the correct level; but the recipient of the benefit need not repay the system the excess amount received in error for the period exceeding the past 36 months. The recipient shall repay the overage for the immediate 36 months, unless otherwise provided herein. (Act 2006-339, p. 851, Art. IV, §10.)
AL Code § 45-37A-51.190 (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 5 - Participants' and City's Contributions.|Section 45-37A-51.190 - Participants' Contributions.

Section 45-37A-51.190Participants' contributions. (a) (1) Effective on and after April 12, 2006, through June 30, 2021, each participant shall contribute to the cost of the system, and the city shall deduct from the participant's pay, an amount equal to not less than six percent nor more than seven percent of actual monthly salary. (2) Regardless of the initial participation date or hire date of any participant, and notwithstanding subdivision (1), effective on and after July 1, 2021, each participant shall contribute to the cost of the system, and the city shall deduct from the pay of each participant, an amount equal to seven and one-half percent of actual monthly salary. (b) Should the city through error, inadvertence, or otherwise, neglect to make proper deduction for the fund from the salary of any employee member for any payroll period, the employee member shall be liable to the fund for the amount or amounts that should have been deducted and shall pay that amount to the custodian on demand. (c) Notwithstanding this section, participants who are employees of the Jefferson County Department of Health shall contribute six percent to seven percent of actual pay to the fund. (Act 2006-339, p. 851, Art. V, §1; Act 2011-585, p. 1289, §2; Act 2017-251, §1; Act 2021-245, §1.)
AL Code § 45-37A-51.191 (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 5 - Participants' and City's Contributions.|Section 45-37A-51.191 - Employer Pickup of Employee Contributions.

Section 45-37A-51.191Employer pickup of employee contributions. The board of managers upon approval of each employer, including the board of health, shall have authority to adopt a program and plan amendments relating to that employer’s employees meeting the requirements of the United States Internal Revenue Code, as amended, to allow employer payment of required participant contributions in lieu of salary or wages. (Act 2006-339, p. 851, Art. V, §2.)