§ 45-49A-63.170 — Amendment of Plan

Alabama § 45-49A-63.170

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 49A: Mobile County Municipalities
• Art. 6: Mobile
• Part 4: Policemen’s and Firemen’s Pension and Relief System
• Subpart 9: Amendment, Merger, and Termination

Text

(a) The board, with approval by a majority vote of the city council or like governing body of the city, reserves the right at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the plan. However, no amendment shall make it possible for any part of the fund to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the plan, before the satisfaction of all liabilities with respect to such persons. The board’s actions in amending the plan shall be effective without the approval of, or action by, any other governmental entity other than the city council as described in this subsection. Nothing in this section shall be construed as preventing a uniformed officer from requesting the Alabama Legislature to amend any provision of the plan.
(b) Notwithstanding subsection (a), any plan amendment which will affect the plan’s funding or the members’ benefits shall require the approval of the Alabama Legislature.

Legislative History

(Act 97-689, p. 1379, §10(9.01).)