Any eligible employee may become a member of the system as described below. Notwithstanding the following, any person who was a member of the system prior to the effective date of the amendment and restatement of the plan shall continue to be a member of the system.

(1) MANDATORY MEMBERSHIP.

Terms Used In Alabama Code 45-37-123.50

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: means next after. See Alabama Code 1-1-1
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
a. Eligible Employees Subject to the Civil Service System. Except as otherwise provided in subdivision (2), every eligible employee who occupies a full-time position subject to the civil service system applicable to Jefferson County shall become a member of the system and shall make employee contributions to the system in accordance with Section 45-37-123.82.
b. Hospital Employees. Every eligible hospital employee, as defined in subdivision (21) of Section 45-37-123.01, shall become a member of the system and shall make employee contributions to the system in accordance with Section 45-37-123.82 if his or her relation to the hospital corporation is such that if he or she had the same relation to Jefferson County as he or she has to the hospital corporation, his or her membership in the system would be mandatory.
(2) OPTIONAL MEMBERSHIP. The following eligible employees may exercise the option to become a member of the system by filing with the secretary of the pension board an executed declaration stating that he or she elects to become a member of the system, subject to all of the rights and liabilities of members of the system. The declaration shall be in such form and time as the pension board may prescribe. Once the declaration is accepted by the pension board or a representative of the pension board, such eligible employee then shall become a member of the system and shall begin to make employee contributions to the system in accordance with Section 45-37-123.82. The election to become or not become a member, once exercised, shall be irrevocable.

a. Eligible Employees Not Subject to the Civil Service System. Any eligible employee who occupies a full- or part-time position not subject to the civil service system applicable to Jefferson County shall not become a member of the system unless he or she exercises the option to become a member.
b. Hospital Employees. Any eligible hospital employee, as defined in subdivision (21) of Section 45-37-123.01, shall have the option of becoming a member of the system if such eligible hospital employee’s relation to the hospital corporation is such that if he or she had the same relation to Jefferson County as he or she has to the hospital corporation, he or she would have the option of becoming a member of the system.
c. Eligible County Office Employees, Eligible Circuit Solicitors, Eligible Deputy Solicitors, and Eligible Part-Time Employees. Notwithstanding the mandatory membership provisions in subdivision (1), any eligible county office employee, any eligible circuit solicitor, any eligible deputy solicitor, as each is defined Section 45-37-123.01, and any part-time employee who occupies a position subject to the civil service system applicable to Jefferson County shall not become a member of the system unless he or she exercises the option to become a member.
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