HB 471

Session
Regular Session 2018
Title
Montgomery and Montgomery Airport Authority, authorized to join Employees' Retirement System of Alabama and transfer assets and liabilities from existing Employees' Retirement System of the City of Montgomery under certain conditions
Description

Relating to the City of Montgomery and the Montgomery Airport Authority; to authorize the City of Montgomery and the Montgomery Airport Authority to join the Employees' Retirement System of Alabama and transfer assets and liabilities of the existing Employees' Retirement System of the City of Montgomery to the Employees' Retirement System of Alabama; and to authorize the Employees' Retirement System of Alabama to maintain and administer the retirement plans set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), for the members of the Employees' Retirement System of the City of Montgomery who do not elect to transfer, or are not automatically transferred, to the Tier I Plan or the Tier II Plan set forth in Chapter 27 of Title 36, Code of Alabama 1975.

Subjects
Montgomery Airport Authority
View Original PDF: HB 471 - Engrossed - PDF

Relating to the City of Montgomery and the Montgomery Airport Authority; to authorize the City of Montgomery and the Montgomery Airport Authority to join the Employees' Retirement System of Alabama and transfer assets and liabilities of the existing Employees' Retirement System of the City of Montgomery to the Employees' Retirement System of Alabama; and to authorize the Employees' Retirement System of Alabama to maintain and administer the retirement plans set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), for the members of the Employees' Retirement System of the City of Montgomery who do not elect to transfer, or are not automatically transferred, to the Tier I Plan or the Tier II Plan set forth in Chapter 27 of Title 36, Code of Alabama 1975.

Section 1

(a) Notwithstanding Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), the City of Montgomery, by action of the city council, and the Montgomery Airport Authority, by action of its governing board, may take any action necessary to participate in the Employees' Retirement System of Alabama pursuant to Section 36-27-6, Code of Alabama 1975, and the remaining provisions of Chapter 27 of Title 36, Code of Alabama 1975, and may transfer any asset and liability of the Employees' Retirement System of the City of Montgomery to the Employees' Retirement System of Alabama, as necessary for the City of Montgomery and the Montgomery Airport Authority to participate in the Employees' Retirement System of Alabama. (b) Upon acceptance of the City of Montgomery in the Employees' Retirement System of Alabama, the Board of the Employees' Retirement System of the City of Montgomery may terminate the retirement system established under Ordinance No. 1659, as amended, according to the terms and conditions as the Board of the Employees' Retirement System of the City of Montgomery shall provide and upon satisfaction of any obligation to any vested member of the system in the manner as the board shall determine necessary.

Section 2

(a)(1) Members who began participation in the Employees' Retirement System of the City of Montgomery prior to October 1, 2013, shall have the option to continue to participate in the benefit structure set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), or to participate in the Tier I plan set forth in Chapter 27 of Title 36, Code of Alabama 1975. (2) The election under subdivision (1) must be made in accordance with the procedures, rules, regulations, and time periods established by the Board of Control of the Employees' Retirement System of Alabama. (b)(1) Members who began participation in the Employees' Retirement System of the City of Montgomery on or after October 1, 2013, shall be Tier II plan members as set forth in Chapter 27 of Title 36, Code of Alabama 1975, except that those members who are police or fire personnel prior to the date that the City of Montgomery begins participation in the Employees' Retirement System of Alabama have the option to continue to participate in the benefit structure set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447). (2) The election under subdivision (1) must be made in accordance with the procedures, rules, regulations, and time periods established by the Board of Control of the Employees' Retirement System of Alabama. (c)(1) The Employees' Retirement System of Alabama is authorized to maintain and administer the retirement plans set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), for those employees who elect to continue to participate in the benefit structure under subsection (a) and (b). (2) The participants under subdivision (1) shall be considered members of the Employees' Retirement System of Alabama. (d) Employees who begin employment with the City of Montgomery on or after the date that the City of Montgomery begins participation in the Employees' Retirement System of Alabama and employees who begin employment with the Montgomery Airport Authority on or after the date the Montgomery Airport Authority begins participation in the Employees' Retirement System of Alabama shall participate in the Employees' Retirement System of Alabama in accordance with Section 36-27-6, Code of Alabama 1975.

Section 3

The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 4

All laws or parts of laws which conflict with this act are repealed.

Section 5

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 27, 2018HDelivered to Governor at 2:28 p.m. on March 27, 2018.
March 27, 2018HAssigned Act No. 2018-559.
March 27, 2018HClerk of the House Certification
March 27, 2018SSignature Requested
March 22, 2018HEnrolled
March 22, 2018HPassed Second House
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1111
March 22, 2018SThird Reading Passed
March 21, 2018SRead for the second time and placed on the calendar
March 13, 2018SRead for the first time and referred to the Senate committee on Local Legislation
March 13, 2018HEngrossed
March 13, 2018HMotion to Read a Third Time and Pass adopted Roll Call 693
March 13, 2018HMotion to Adopt adopted Roll Call 692
March 13, 2018HMontgomery County Legislation Amendment Offered
March 13, 2018HThird Reading Passed
March 8, 2018HRead for the second time and placed on the calendar 1 amendment
March 1, 2018HRead for the first time and referred to the House of Representatives committee on Montgomery County Legislation
2018-03-22
Chamber: Senate
Result: Passed
2018-03-13
Chamber: House
Result: Failed
2018-03-13
Chamber: House
Result: Failed