AL Code § 45-37A-51.101 (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 1 - Establishment of Plan.|Section 45-37A-51.101 - Retrospective Operation.

Section 45-37A-51.101Retrospective operation. The articles and sections of this subpart comprise a retirement and relief system for officers and employees of each and every Class 1 city of the State of Alabama having a population sufficient by state statute according to the last, any preceding, or any succeeding federal census; and, subject to the provisos hereinafter in this section contained, the articles and sections comprising such system for such officers and employees of each such city, shall be read, construed, and have retrospective operation and effect as though enacted on the 26th day of January, 1937. Consistently, and subject to the provisos, every act, proceeding, and transaction heretofore had, done, accomplished, or attempted under color of any statute described in Section 45-37A-51.100 shall be construed and deemed an act had, done, accomplished, or attempted under the system, and the validity and effect thereof so measured and governed; and without limiting the generality of the foregoing, but still subject to the provisos, every contribution, return of contributions, refund, loan, investment, receipt, disbursement, debt, liability, contract, transaction, and business to, from, of, with, or affecting the retirement and relief fund under any statute described in Section 45-37A-51.100, or color thereof, shall be construed and deemed as a contribution, return of contribution, refund, loan, investment, receipt, disbursement, debt, liability, contract, transaction, or business to, from, of, with, or affecting the retirement and relief fund under the system. The foregoing provisions of this section shall be subject to the following provisions: (1) Any sentence of the system which contains the phrase, September 19, 1939, shall be read, construed, and have operation and effect as though enacted for the first time on September 19, 1939. (2) Any sentence of the system which contains the phrase, July 1, 1945, shall be read, construed, and have operation and effect as though enacted for the first time at July 1, 1945. (3) Any sentence of the system which contains the phrase, herein on or after September 1, 1969, shall be read, construed, and have operation and effect as though enacted for the first time on September 1, 1969. (4) Any sentence of the system which contains the phrase, January 1, 1989, shall be read, construed, and have operation and effect as though enacted for the first time on January 1, 1989. (5) Any sentence of the system which contains the phrase, May 15, 1989, shall be read, construed, and have operation and effect as though enacted for the first time on May 15, 1989. (6) Any sentence of the system which contains the phrase, July 1, 1994, shall be read, construed, and have operation and effect as though enacted for the first time on July 1, 1994. (7) Any sentence of the system which contains the phrase, July 1, 2001, shall be read, construed, and have operation and effect as though enacted for the first time on July 1, 2001. (8) The legal effect of any payment heretofore made by any pension and relief or retirement and relief fund referred to in this subpart shall be measured by the law as it actually existed at the time of such payment; and any debt or liability, whether for return of contributions or otherwise, discharged by any such payment shall not be revived by anything contained in the system and shall not constitute the basis of any claim under the system against the retirement and relief fund provided for in this subpart. (9) The rights of any person who shall retire hereafter or who shall have retired heretofore from the service of his or her municipal employer, either voluntarily or involuntarily, and who shall be or shall have been allowed retirement benefits under the statute or system actually in existence at the time of such retirement, during continuance of such retirement, shall continue to be measured and governed by the terms of the statute or the system so in existence at the time of such retirement; and should such person die during continuance of such retirement, the rights of any survivor of such person shall be measured and governed by the terms of the statute or of the system in effect at the time of death of such person, and the retirement and relief fund provided as a part of the system shall secure such rights of such person and such survivor. (10) Except as otherwise expressly provided in this section or in the system, the rights of any person who may or may have become separated from the service, and the rights of any privies of such person, shall be measured and governed by the statutes of the system in effect at the time of such separation. (Act 2006-339, p. 851, Art. I, §2.)