Article 1 General Provisions 16-25-1 – 16-25-34
Article 2 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1987 16-25-40 – 16-25-47
Article 3 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1989 16-25-60 – 16-25-64
Article 4 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1992 16-25-80 – 16-25-84
Article 5 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 1994 16-25-100 – 16-25-105
Article 6 Cost of Living Increase for Retirement Date Prior to October 1, 1996 16-25-110 – 16-25-113
Article 7 Cost of Living for Retirement Date Prior to October 1, 1998 16-25-120 – 16-25-123
Article 8 Cost of Living Increase Where Effective Date of Retirement Prior to October 1, 2000 16-25-140
Article 9 Deferred Retirement Option Plan for Education Employees 16-25-150 – 16-25-154
Article 10 Cost-ofLiving Increase Where Effective Date of Retirement Prior to October 1, 2001 16-25-170
Article 11 Cost-of-living Increase Where Effective Date of Retirement Prior to October 1, 2004 16-25-190
Article 12 Cost-of-lving Adjustment Where Effective Date of Retirement Prior to October 1, 2006 16-25-200

Terms Used In Alabama Code > Title 16 > Chapter 25

  • ALABAMA NATIONAL GUARDSMEN: The officers and men commissioned or enlisted in the Alabama National Guard, army or air, as defined in Section 31-2-3. See Alabama Code 16-25-10.3
  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • AVERAGE MONTHLY BALANCE OF PUBLIC DEPOSITS: The sum of the average daily balances of public deposits, meaning the net average daily balances of public deposits determined without any deduction for deposit insurance, for the reported month and the 11 months preceding that month, divided by 12. See Alabama Code 27-2-16
  • AWARDING AUTHORITY: The State Board of Adjustment, created and existing pursuant to Article 4 of Chapter 9 of Title 41 of this Code. See Alabama Code 16-25-10.3
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • commissioner: The Alabama Commissioner of Insurance or his or her designee. See Alabama Code 27-12A-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 45-26-231.06
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • county: Each county in the state. See Alabama Code 45-36-241.20
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • COVERED PUBLIC ENTITY: The state and its political subdivisions, including its agencies, departments, boards, commissions, officers, public institutions of higher learning as defined in Section 16-5-1, and courts; counties, including the offices of their public officials, whether elected or appointed, and any of their agencies, departments, boards, school districts, commissions, and courts; municipalities, and any of their agencies, departments, boards, school districts, commissions, and courts; public corporations, including any public board, authority, or district, heretofore or hereafter organized or created in this state pursuant to authorization or determination of any municipality or municipalities or by any county or counties or the governing body of any one or more thereof and that receive any appropriations of funds by action of the Legislature of this state or any governing body of any political subdivision, municipality, or county of this state or that receive the proceeds of any tax levied pursuant to any statute of this state; any improvement authority incorporated under Chapter 7 of Title 39; any public corporation or instrumentality created under the statutes of this state enacted prior to January 1, 2001, that expressly provide that depositories of funds of such public corporation or instrumentality shall pledge collateral to secure the public corporation's or instrumentality's deposits; and any other public corporation created under statutes of this state enacted on or after January 1, 2001, that provide that the public corporation shall be subject to the provisions of this chapter. See Alabama Code 27-2-16
  • custodian: Any bank, savings association, or trust company that:

    a. See Alabama Code 27-2-16

  • DEBTOR IN BANKRUPTCY: A person who is the subject of:

    (A) an order for relief under the United States bankruptcy laws, Title 11, United States Code, or comparable order under a successor statute of general application; or

    (B) a comparable order under federal, state, or foreign law governing insolvency. See Alabama Code 45-26-231.06

  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The Alabama Department of Insurance. See Alabama Code 27-12A-1
  • department: The State Department of Veterans' Affairs. See Alabama Code 16-25-11.16
  • Dependent: A person dependent for support upon another.
  • DEPENDENT CHILD: An unmarried child under the age of 18 years, or one over that age who is physically or mentally incapacitated from earning. See Alabama Code 16-25-10.3
  • DEPOSIT INSURANCE: That amount of insurance provided by the Federal Deposit Insurance Corporation or its successor, applicable to each public depositor's public deposits in a particular financial institution. See Alabama Code 27-2-16
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribution: except as otherwise provided in Section 10A-9A-5. See Alabama Code 45-10-234.06
  • Donor: The person who makes a gift.
  • ELIGIBLE COLLATERAL: Any of the types of securities or other investment instruments designated as being eligible collateral for state depositories in Section 41-14-35. See Alabama Code 27-2-16
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Fiduciary: A trustee, executor, or administrator.
  • FINANCIAL INSTITUTION: A bank or savings association which is organized and existing under the laws of this state, any other state of the United States, or the United States, and which is authorized pursuant to the laws of this state or the United States to conduct, and is conducting, the business of making loans and taking deposits in this state. See Alabama Code 27-2-16
  • FUEL ECONOMY: The applicable model year combined highway/city fuel economy with respect to a vehicle as determined on a gasoline gallon equivalent basis as determined by the Administrator of the U. See Alabama Code 27-10-55
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • GENERAL PARTNER: means :

    (A) with respect to a limited partnership, a person that:

    (i) is admitted as a general partner under Section 10A-9A-4. See Alabama Code 45-10-234.06

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING BODY: The county commission of a county. See Alabama Code 45-36-241.20
  • Grantor: The person who establishes a trust and places property into it.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • insurance: As defined in Section 27-1-2, and specifically including any contract, arrangement, or agreement, in which one undertakes to do any one of the following:

    a. See Alabama Code 27-12A-1

  • insurer: A person entering into agreements, contracts of insurance, arrangements, or reinsurance, or a health benefit plan, or a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, or any entity offering a service benefit plan, and who agrees to perform any of the acts set forth in subdivision (3), including but not limited to, fraternal benefit societies, mutual aid associations, health maintenance organizations, and health care service plans, regardless of whether the person is acting in violation of laws requiring a certificate of authority or regardless of whether the person denies being an insurer. See Alabama Code 27-12A-1
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 45-26-231.06
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • LIMITED PARTNER: means :

    (A) with respect to a limited partnership, a person that:

    (i) is admitted as a limited partner under Section 10A-9A-3. See Alabama Code 45-10-234.06

  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOSS PAYMENT FUND: The SAFE Loss Payment Fund established under Section 41-14A-10. See Alabama Code 27-2-16
  • LOSS TO PUBLIC DEPOSITORS: Loss of all or part of principal or all or part of interest, or both, or other earnings on the principal accrued or accruing as of the date the qualified public depository was declared in default or insolvent. See Alabama Code 27-2-16
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

    (A) one or more surviving domestic entities or non-code organizations;

    (B) the creation of one or more new domestic entities or non-code organizations, or one or more surviving domestic entities or non-code organizations; or

    (C) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Alabama Code 45-26-231.06

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipality: A municipal corporation in the state. See Alabama Code 45-36-241.20
  • NET AVERAGE DAILY BALANCE OF PUBLIC DEPOSITS: With respect to a reported month, the total of the daily account balances of all public deposits held by a qualified public depository, less applicable deposit insurance, divided by the number of calendar days in the month. See Alabama Code 27-2-16
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 45-26-231.06
  • Oversight: Committee review of the activities of a Federal agency or program.
  • partner: means a limited partner or general partner. See Alabama Code 45-10-234.06
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 45-26-231.06
  • PARTNERSHIP AGREEMENT: means any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a limited partnership. See Alabama Code 45-10-234.06
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 45-26-231.06
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • person: An individual, corporation, partnership, association, joint stock company, trust, unincorporated organization, or any similar entity or any combination of the foregoing. See Alabama Code 27-12A-1
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • policy: An individual or group insurance policy, agreement, group certificate, contract, evidence of insurance, or arrangement of insurance affecting the rights of a resident of this state or bearing a reasonable relation to this state, regardless if delivered or issued for delivery in this state. See Alabama Code 27-12A-1
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PROGRAM ADMINISTRATION FUND: The SAFE Program Administration Fund established under Section 41-14A-12. See Alabama Code 27-2-16
  • PROGRAM ENFORCEMENT FUND: The SAFE Program Enforcement Fund established under Section 41-14A-13. See Alabama Code 27-2-16
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 45-26-231.06
  • PUBLIC DEPOSIT: The funds of any covered public entity or covered public official that are placed on deposit in a qualified public depository, including, but not limited to, time deposit accounts, demand deposit accounts, and certificates of deposit. See Alabama Code 27-2-16
  • PUBLIC DEPOSITOR: Any covered public entity or covered public official which or who makes a public deposit. See Alabama Code 27-2-16
  • QUALIFIED PUBLIC DEPOSITORY: Any financial institution that has deposit insurance under the provisions of the Federal Deposit Insurance Act, 12 U. See Alabama Code 27-2-16
  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • reinsurance: A contract, binder of coverage, including placement slip, or arrangement under which an insurer procures insurance for itself in another insurer as to all or part of an insurance risk of the originating insurer. See Alabama Code 27-12A-1
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • REQUIRED COLLATERAL: That eligible collateral which is required to be pledged by a qualified public depository in order to satisfy the qualified public depository's collateral-pledging requirement. See Alabama Code 27-2-16
  • SAFE COLLATERAL POOL: At any given time, the aggregate collateral pledged by all qualified public depositories pursuant to this chapter in connection with the SAFE Program. See Alabama Code 27-2-16
  • SAFE PROGRAM: The Security for Alabama Funds Enhancement Program established and to be administered under this chapter. See Alabama Code 27-2-16
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: The State of Alabama. See Alabama Code 45-36-241.20
  • STATE BOARD: The State Board of Veterans' Affairs. See Alabama Code 16-25-11.16
  • STATE COMMISSIONER: The State Service Commissioner. See Alabama Code 16-25-11.16
  • STATE TREASURER: The Treasurer of the State of Alabama. See Alabama Code 27-2-16
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 45-10-234.06
  • TRANSFERABLE INTEREST: means a partner's right to receive distributions from a limited partnership. See Alabama Code 45-10-234.06
  • transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner. See Alabama Code 45-10-234.06
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 45-26-231.06
  • veteran: Except as otherwise used in this chapter, such term shall mean any person, male or female, who served on active duty, whether commissioned, enlisted, inducted, appointed or mustered into the military or naval service of the United States during any war in which the United States has been engaged, and who shall have been discharged or released from such services under conditions other than dishonorable. See Alabama Code 16-25-11.16
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.