Act 454, HB 399

• Session: 2000 Regular Session
• Year: 2000

Page 0

HB3991

26225-42

By Representatives Schmitz, Graham, Hall (L), Letson, Mancuso,3

Beason, Morrow, Morton and Greene4

RFD: Education 5

First Read: 08-FEB-2000 6

HB399

Page 1

1

Enrolled, An Act,2

Relating to the Teachers’ Retirement System and the3

Employees’ Retirement System; to amend Sections 16-1-18.2,4

16-25-14, 16-25-33, and 36-27-16 of the Code of Alabama 1975,5

to allow a retiree to designate a replacement beneficiary to6

become effective after a certain lapse in time when the7

designated beneficiary at the time of retirement predeceases8

the retiree or upon the divorce of the retiree and to provide9

for actuarial adjustment in benefit to cover cost associated10

with designation of a replacement beneficiary in such11

circumstances; to provide further for appropriations for12

payments for unused sick leave upon death of an employee; and13

to provide further for determining eligibility for benefits14

under the Term Life Insurance Fund in the Teacher’s Retirement15

System retroactive to October 1, 1995.16

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:17

Section 1. Sections 16-1-18.2, 16-25-14, 16-25-33,18

and 36-27-16 of the Code of Alabama 1975, are amended to read19

as follows:20

"§16-1-18.2.21

"(a) Payment to beneficiary or estate for unused22

sick leave. Any provision of law to the contrary23

notwithstanding, when an active and contributing member of the24

Teachers' Retirement System dies while in service, the25

beneficiary or estate of the deceased member shall receive a26

HB399

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monetary payment of 100 percent of the member’s accrued and1

unused sick leave, not to exceed the maximum days provided in2

Section 16-1-18.1. The amount of reimbursement per day for3

earned and unused sick leave shall be computed on the basis of4

the member’s daily rate of pay and multiplied by the number of5

unused sick leave days and partial sick leave days in the6

deceased member’s account at the time of death, not to exceed7

the maximum days allowed in Section 16-1-18.1. The beneficiary8

shall be the designated beneficiary for Teachers’ Retirement9

System benefits. The State Comptroller shall develop and10

disseminate certification of death forms to the chief11

executive officer of all boards, agencies, organizations, and12

associations participating in the Teachers’ Retirement System.13

The certification of death forms shall contain the number of14

accumulated and unused sick leave days for the deceased member15

as well as any other information needed by the State16

Comptroller to calculate the amount of the benefit. The State17

Comptroller shall pay the calculated amount of sick leave to18

the deceased member’s designated beneficiary or estate if the19

designated beneficiary is deceased. 20

"(b) Appropriation and disbursement. The Legislature

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shall appropriate from the Education Trust Fund to the State

22

Comptroller for disbursement to the designated beneficiary or

23

estate the monies necessary to fund this section. Disbursement

24

of funds by the State Comptroller to the designated

25

beneficiary or estate shall be made within 30 days after

26