§ 45-37-123.22 — Powers and Duties of the Pension Board

Alabama § 45-37-123.22

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 37: Jefferson County
• Art. 12: Employees
• Part 4: Pension System
• Subpart 2: Administration

Text

(a) The pension board shall be responsible for the general administration and proper operation of the plan, and shall administer the plan for the exclusive benefit of the members and their designated beneficiaries, subject to the specific terms of the plan. The pension board shall administer the plan in accordance with its terms and shall have the power and discretion to construe the terms of the plan and the act and to determine all questions arising in connection with the administration, interpretation, and application of the plan. Any determination by the pension board shall be conclusive and binding upon all individuals. The pension board may establish procedures, correct any defect, supply any information, or reconcile any inconsistency in any manner and to such extent as shall be deemed necessary or advisable to carry out the purpose of the plan; provided, however, that any procedure, discretionary act, interpretation, or construction shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the plan shall continue to be deemed a qualified plan under the terms of 26 U.S.C. § 401(a) and shall comply with the terms of the act and all regulations issued pursuant thereto. The pension board shall have all powers necessary or appropriate to accomplish the pension board’s duties under the plan.
(b) The pension board shall be charged with the duties of the general administration of the plan as set forth under the terms of the plan, including, but not limited to, all of the following:
(1) To determine all questions relating to the eligibility of employees to participate or remain a member hereunder and to receive benefits under the plan.
(2) To compute and certify the amount and the kind of benefits to which any member shall be entitled hereunder.
(3) To maintain all necessary records for the administration of the plan.
(4) To interpret the provisions of the plan and to make such rules for regulation of the plan and the administration of any benefit provided as are consistent with the act and applicable law.
(5) To establish rules and regulations for the administration of plan funds and for the transaction of the plan’s business including, without limitation, the suspension or reinstatement of benefits to missing participants or missing beneficiaries.
(6) To exercise any investment discretion in a manner designed to accomplish specific objectives related to the plan’s long-term and short-term liquidity needs.
(7) To prepare and provide active members with an annual estimated benefit statement notifying them of their estimated benefits.
(8) To prepare and provide retired members with a one-time notification of their benefit payment amounts, and to provide retired members with periodic notification of cost-of-living benefit increases which may be awarded by the pension board in any form, lump sum, or otherwise.
(9) To determine the validity of, and take appropriate action with respect to, any divorce decree, or other judicial order presented to the pension board.
(10) To assist any member regarding the member’s rights, benefits, or elections available under the plan.
(11) To, by written agreement or designation, appoint at its option an investment manager, qualified under the Investment Company Act of 1940, as amended, 15 U.S.C. §§ 80b-1 through 80b-21, investment adviser, or other agent to provide direction regarding any or all of the plan assets. The appointment shall specifically identify the plan assets with respect to which the investment manager or other agent shall have authority to direct the investment.
(12) To establish an investment policy.
(13) To establish a privacy policy for the protection of a member’s personal information, subject to applicable law.
(14) To hold an annual meeting of the members at least once per calendar year and provide at least seven days’ written notice of the meeting to all members on the retirement system website or at either their place of work, last known address, or by electronic mail.
(15) To determine appropriate rules and regulations to determine how much service per calendar year is equivalent to one year of service, in accordance with Section 45-37-123.84.
(16) To develop rules and regulations, amend the plan, subject to Section 45-37-123.150, and provide for increases in benefits, subject to Section 45-37-123.151.
(17) Notwithstanding any provisions of the plan to the contrary, to amend the plan in order to comply with federal law, and any amendment shall be given full effect under Alabama law.
(18) To purchase insurance coverage in such forms and amounts as may be determined by the pension board.
(19) To provide employees of the system with health, dental, vision, and other forms of insurance, paid vacation, sick leave, tuition reimbursement, and any other benefits as determined by the pension board.
(20) To provide members of the system with voluntary life, disability, and other forms of insurance, the cost of which is paid by the member.
(21) To conduct meetings and business in person or by video conference, telephone conference, or electronic communication.
(22) To participate in emergency relief programs of the United States, the State of Alabama, and their departments, agencies, and instrumentalities.
(23) To recover costs and reasonable attorney’s fees in actions in which the pension board seeks to recover funds of the system erroneously paid to members, beneficiaries, and third parties.
(24) To authorize the plan to defend and indemnify the pension board and each of its individual members, employees of the system, and the system as a legal entity separate and distinct from the plan from any claim, action, or judgment connected with or arising from any decision, act, or omission undertaken within the scope of its or their official capacity in furtherance of the purposes for which the system is established to the extent allowed by applicable law and 26 U.S.C. § 401(a).
(25) To interplead funds into a court of competent jurisdiction when the pension board cannot determine the owner of said funds or for any other reason allowed under applicable law.
(c) Failure of the pension board to follow any provisions or procedures in the plan shall not constitute a waiver of any provision or procedure contained herein.

Legislative History

(Act 2013-415, p. 1586, §2:2.3; Act 2019-243, §1; Act 2021-456, §1; Act 2024-260, §1.)