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Home > Statutes > Usa Alabama
USA Statutes : alabama
Title : Title 36 PUBLIC OFFICERS AND EMPLOYEES.
Chapter : Chapter 27A PUBLIC EMPLOYEES INDIVIDUAL RETIREMENT ACCOUNT FUND.
Section 36-27A-1 Section 36-27A-1 Legislative intent.

It is the intent of the Legislature to make available to the public employees and officials of the State of Alabama, or any political subdivision thereof, a public employees* individual retirement account plan and/or any other tax avoidance or deferral plan permitted by federal law, so as to enable said persons to conveniently and economically receive the fullest benefits offered by federal tax law as it relates to tax deferred savings plans for public employees covered by a mandatory public retirement plan.

(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §1; Acts 1986, Ex. Sess., No. 86-685, p. 80, §1; Acts 1988, 1st Ex. Sess., No. 88-925, p. 535, §1.) Section 36-27A-2 Section 36-27A-2 Creation; administered by board of control, etc.; composition of board.

There is hereby created a fund or funds which shall be known collectively as the Public Employees* Individual Retirement Account Fund (PEIRAF). The PEIRAF shall be administered by the Secretary-Treasurer of the Employees* Retirement System under the supervision and direction of a board of control which shall be composed of members of the investment committees of the Teachers* and Employees* Retirement Systems of Alabama.

(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §2; Acts 1986, Ex. Sess., No. 86-685, p. 80, §2.) Section 36-27A-3 Section 36-27A-3 Authority of board to promulgate rules and regulations.

The board of control is hereby empowered and authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this chapter, and to define terms, words and/or phrases incident thereto, provided such rules shall conform to the requirements of the Internal Revenue Code. The board of control may in its discretion adopt one or more tax deferred savings plans authorized by the federal government if it finds that doing so will offer substantial tax benefits to any segment of the public employees covered under the provisions of this chapter.

(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §3; Acts 1986, Ex. Sess., No. 86-685, p. 80, §3.) Section 36-27A-4 Section 36-27A-4 Investments.

All investments shall be made pursuant to the same authority and restrictions that govern the investment of funds of the retirement systems of Alabama.

(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §4; Acts 1991, No. 91-664, §1.) Section 36-27A-5 Section 36-27A-5 Eligibility.

The PEIRAF shall be available to all public employees in the State of Alabama who are members of the Teachers* Retirement System, the Employees* Retirement System or the Judicial Retirement Fund. In addition, any employee of an employer eligible to participate in the Employees* Retirement System pursuant to the provisions of Section 36-27-6, or any public official or employee of the State of Alabama or any political subdivision thereof, shall be eligible to participate under the provisions of this chapter. Participation in this fund shall be on a strictly voluntary basis under such rules and regulations as shall be adopted by the board of control and in accordance with the provisions contained in the Internal Revenue Code as it relates to individual retirement accounts for public employees. Any person who shall become ineligible for participation in the PEIRAF due to the termination of his employment with an eligible employer may leave his contributions on account with the PEIRAF; however, no further contributions may be accepted on his account unless such person shall become reemployed by an eligible employer.

(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §5; Acts 1988, 1st Ex. Sess., No. 88-925, p. 535, §2.) Section 36-27A-6 Section 36-27A-6 Contributions.

Contributions to the PEIRAF may be deducted from each participating employee*s compensation or retirement allowance and transmitted to the PEIRAF in accordance with any limitations imposed by federal tax law for any tax deferred savings plan offered pursuant to the provisions of this chapter and pursuant to such rules and regulations as shall be promulgated by the board.

(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §6; Acts 1986, Ex. Sess., No. 86-685, p. 80, §4.) Section 36-27A-7 Section 36-27A-7 Administrative cost.

The administrative cost for the operation of the PEIRAF shall be provided from the expenses funds of the Employees* Retirement System and the Teachers* Retirement System. No additional state funds shall be used to administer the provisions of this chapter.

(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §7; Act 2001-1061, 4th Sp. Sess., p. 1058, §1.)
 
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