Ala. Code § 45-37-123.21

Current through the 2024 Regular Session.
Section 45-37-123.21 - Designation of administrative authority
(a) General administration. The role of the pension board is established by the State of Alabama through legislative act. The pension board is responsible for the general administration and proper operation of the plan. The pension board also is responsible for making effective the provisions of the act.
(b) Qualifications of pension board members. In addition to the qualifications set forth in subsection (c), any individual elected or appointed to the pension board shall complete a background check before the commencement of his or her term. A prior conviction for a crime of moral turpitude including, but not limited to, the misappropriation of the funds or property of another, shall, as determined by the pension board, disqualify any individual elected or appointed to the pension board from serving on the pension board.
(c) Composition of pension board. The pension board is comprised of five members, designated respectively as member number one, member number two, member number three, member number four, and member number five.
(1) MEMBER NUMBER ONE. Member number one shall be appointed by the governing body of the county and shall serve as chairman of the pension board. Member number one shall have a minimum of 10 years' experience in an executive capacity in insurance, investment management/consultant, or actuarial work. The initial term of member number one shall be for one year; and thereafter the term of member number one shall be for three years.
(2) MEMBER NUMBER TWO. Member number two shall be appointed by the judge of probate, who is an elected official of the county. Member number two shall have a minimum of 10 years' experience in an executive capacity in investing or banking. The initial term of member number two shall expire at the end of two years; and thereafter the term of member number two shall be for three years.
(3) MEMBER NUMBER THREE. Member number three shall be appointed by the Personnel Board of Jefferson County. Member number three shall have a minimum of 10 years' experience as a certified public accountant. The initial term of member number three shall expire at the end of three years; and the term of member number three shall be for three years.
(4) MEMBERS NUMBER FOUR AND FIVE. Member number four and member number five shall be elected by the members of the system. Member number four shall be a retired member of the system. Member number five shall be a member of the system. The initial term of member number four shall be for one year; and thereafter the term of member number four shall be for three years. Member number five shall be elected for terms of three years.
(d) Procedure for the election of board members four and five and selection of the election board.
(1) Elections of member number four and member number five shall be conducted by separate paper or electronic ballot pursuant to procedures established by the pension board.
(2) The members of the system shall elect member number four and member number five. The pension board shall give at least 15 days' written notice of the time and procedure of the election by posting the same on the retirement system website and by delivering an electronic or paper copy of the written notice to the county manager who shall inform all individuals on the county payroll of the election; however, the failure to inform all employees of the election shall not invalidate the election.
(3) The elections of member number four and member number five shall be supervised by three members of the system volunteering to serve as the election board. The members that volunteer to serve as the election board shall be appointed by the members of the system at the annual meeting as provided for in Section 45-37-123.22(b)(14). If the members of the system fail to appoint members to the election board, or if any member so appointed cannot or will not volunteer to serve on the election board, the pension board shall appoint the members of the election board. The pension board may prescribe additional rules for the elections of member number four and member number five not inconsistent with the provisions hereof.
(e) Vacancy, how filled. If a vacancy occurs on the pension board, such vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.
(f) Resignation or removal of pension board member. A member of the pension board may resign by delivering a written resignation to the executive director or be removed by the unanimous vote of the other members of the pension board at a duly called meeting of the pension board.
(g) Secretary. The secretary of the pension board shall be the executive director.
(h) Salary and expenses. Subject to Section 45-37-123.194, the members of the pension board shall serve without pay, but shall be reimbursed for expenses actually paid or incurred in the discharge of their official duties, and shall suffer no loss of salary or wages, if employed by the county, through service on the board.

Ala. Code § 45-37-123.21 (1975)

Amended by Act 2024-260,§ 1, eff. 6/1/2024.
Amended by Act 2021-456,§ 1, eff. 5/17/2021.
Amended by Act 2019-243,§ 1, eff. 8/1/2019.
Amended by Act 2016-225,§ 1, eff. 4/28/2016.