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1 SB267
2 28629-4
3 By Senators Poole, Callahan, Means, Little (Z), Figures,
4 Bedford, Steele, Clay, Escott-Russell, McClain, Smitherman,
5 Butler, Biddle, French, Mitchem, and Lee
6 RFD: Finance and Taxation General Fund
7 First Read: 08-FEB-2000
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1
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3 Enrolled, An Act,
4 To provide for hazardous duty time for fire
5 fighters, law enforcement officers, and correctional officers
6 who are members of the Employees’ Retirement System or the
7 Teachers’ Retirement System; to increase the contribution rate
8 for certain eligible members of the system; to provide
9 conditions under which the member may receive credit for his
10 or her prior service; and in connection therewith would have
11 as its purpose or effect the requirement of a new or increased
12 expenditure of local funds within the meaning of Amendment 621
13 of the Constitution of Alabama of 1901.
14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
15 Section 1. When used in this act, the following
16 terms shall have the following meanings, unless the context
17 clearly indicates otherwise:
18 1. CORRECTIONAL OFFICER. A full-time correctional
19 officer who is certified as a correctional officer by the
20 Alabama Peace Officers Standards and Training Commission.
21 2. FIRE FIGHTER. A full-time fire fighter employed
22 with the State of Alabama, a municipal fire department, or a
23 fire district who has a level one minimum standard
24 certification by the Firefighters Personnel Standards and
25 Education Commission.
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1 3. LAW ENFORCEMENT OFFICER. A full-time law
2 enforcement officer, not covered as a state policeman,
3 employed with any state agency, department, board, commission,
4 or institution or a full-time law enforcement officer employed
5 by a local unit of the Employees’ Retirement System under
6 Section 36-27-6 of the Code of Alabama 1975, who is certified
7 as a law enforcement officer by the Alabama Peace Officers
8 Standards and Training Commission.
9 Section 2. (a) Any fire fighter, law enforcement
10 officer, or correctional officer covered under the Employees’
11 Retirement System or the Teachers’ Retirement System, upon
12 attainment of the requisite years of creditable service or who
13 otherwise qualifies for service or disability retirement,
14 shall be awarded one year of hazardous duty time for every
15 five years of service as a fire fighter, a law enforcement
16 officer, or a correctional officer provided that the person
17 has made the additional contribution provided in subsection b
18 of this section or paid the additional contribution required
19 in section three for each year of service used in determining
20 hazardous duty time for the person. Proportional Credit shall
21 be awarded for any period of service less than five years.
22 (b) Effective January 1, 2001, and each pay period
23 thereafter, each active employee who is a fire fighter, law
24 enforcement officer, or correctional officer, as defined in
25 Section 1, shall contribute to the Teachers’ or Employees’
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1 Retirement System of Alabama six percent of his or her
2 earnable compensation.
3 Section 3. Any member of the Employees’ Retirement
4 System or the Teachers’ Retirement System eligible under
5 Section 2 may receive credit for his or her eligible prior
6 service provided the member pays to the Secretary-Treasurer of
7 the Employees’ Retirement System or the Secretary-Treasurer of
8 the Teachers’ Retirement System one percent of his or her
9 current annual earnable compensation or previous year’s annual
10 earnable compensation, whichever is higher, for each year of
11 claimed credit within two years of the effective date of this
12 act. The member may purchase his or her claimed credit in
13 increments of five years, unless the total service credit is
14 less than five years, in which case the service shall be
15 purchased in its entirety. The member shall provide
16 certification from each employing agency, on forms prescribed
17 by the Teachers’ or Employees’ Retirement System, of each year
18 of claimed service, as a prerequisite to payment under this
19 section.
20 Section 4. The provisions of this act are severable.
21 If any part of this act is declared invalid or
22 unconstitutional, that declaration shall not affect the part
23 which remains.
24 Section 5. This act shall become effective January
25 1, 2001, following its passage and approval by the Governor,
26 or its otherwise becoming law.
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4 President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
7 SB267
8 Senate 18-APR-2000
9 I hereby certify that the within Act originated in and passed
10 the Senate.
11
12 McDowell Lee
13 Secretary
14
15
16
17 House of Representatives
18 Passed: 09-MAY-2000
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21 By: Senator Poole |