(a) Records. The pension board shall keep minutes of its meetings. Additionally, the pension board shall keep all other books of account, records, policies, compensation records, service records, and other data that may be necessary for proper administration of the plan and shall be responsible for supplying all information and reports to the Internal Revenue Service, members, beneficiaries, and others as may be required by law.
Terms Used In Alabama Code 45-37-123.23
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b) Correction of records.
(1) The pension board shall correct any error in a member’s service record which the pension board concludes is necessary to correct or remove an injustice or prevent a member from receiving less or more than such member is entitled to receive under the plan. The pension board shall adopt written rules prescribing the procedure the pension board shall follow in considering whether an error in an employee’s service record should be corrected. Correction of service records shall be subject to the following limitations:
a. No error in the service record shall be corrected except by the pension board.b. The pension board shall not correct any error in an employee’s service record until it has accorded, or offered to accord, the employee a hearing regarding the proposed correction, which hearing shall not be conducted until after the employee has received at least two weeks’ notice of the nature of the proposed correction and of the time and place at which the proposed correction shall be considered.c. No correction of an error shall be made at an employee’s request unless the employee files with the pension board his or her written request for such correction before the date that is one year subsequent to the employee’s discovery of the error requested to be corrected; provided, however, the pension board may excuse an employee’s failure to file such application for correction within one year following his or her discovery of such error if the pension board finds that excusing such failure would be most equitable.(2) If the pension board determines that any amount has been erroneously deducted from the compensation of an employee and paid into the trust fund as an employee contribution, or that any amount has been otherwise paid into the trust fund erroneously on behalf of any employee, such amount shall be refunded to the employee, and any amount which may have been paid erroneously to match such erroneous contribution shall be refunded. The pension board is authorized to determine whether interest shall be payable on any amounts returned and to determine the amount of interest to be paid, if any; provided, however, that no interest shall be paid to any employee responsible for the error resulting in the erroneous payment.(c) Audit. The pension board shall cause an audit to be made of its affairs by a certified public accountant at least once each calendar year.
