Article 1 General Provisions 36-21-1 – 36-21-14
Article 2 Employment of Municipal Police, etc., Within State by Governor During Riots, etc 36-21-20 – 36-21-24
Article 3 Peace Officers’ Standards and Training Commission 36-21-40 – 36-21-52
Article 4 Peace Officers’ Annuity and Benefit Fund 36-21-60 – 36-21-78
Article 5 Police Officer’s and Firefighter’s Survivors Educational Assistance 36-21-100 – 36-21-105
Article 6 Police Officers of Mowa Band of Choctaw Indians 36-21-120 – 36-21-124
Article 7 36-21-140 – 36-21-142
Article 8 Volunteer Firefighter or Emergency Medical Service Provider Job Protection 36-21-160
Article 9 Alabama Firefighters Annuity and Benefit Fund 36-21-180 – 36-21-197

Terms Used In Alabama Code > Title 36 > Chapter 21

  • ACCUMULATED CONTRIBUTIONS: The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the Judges' and Clerks' Plan, together with regular interest thereon. See Alabama Code 45-38-243.05
  • ACTUARIAL EQUIVALENT: A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest. See Alabama Code 45-38-243.05
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • 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.
  • annuity: Payments for life derived from the accumulated contributions of a member. See Alabama Code 45-38-243.05
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: The Alabama Peace Officers' Association, as now or hereafter constituted. See Alabama Code 36-21-60
  • ASSOCIATION OF CHIEFS OF POLICE: The Alabama Association of Chiefs of Police, as now or hereafter constituted. See Alabama Code 36-21-60
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • AVERAGE FINAL COMPENSATION: The average annual compensation of a judge or clerk with respect to which he or she had made contributions pursuant to Section 12-18-152 during the five years in his or her last 10 years of membership service for which the average is highest or during his or her entire period of membership service if less than five years. See Alabama Code 45-38-243.05
  • 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.
  • 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
  • beneficiary: Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this article. See Alabama Code 45-38-243.05
  • Bequest: Property gifted by will.
  • board: The board of commissioners of the fund and any successors thereto. See Alabama Code 36-21-60
  • board: Tuition Eligibility Board. See Alabama Code 36-21-101
  • board: The board of commissioners of the fund and any successors thereto. See Alabama Code 36-21-180
  • BOARD OF CONTROL: The board provided for in Section 36-27-23 to administer the retirement system. See Alabama Code 45-38-243.05
  • bureau: The Bureau of Loans of the State Banking Department. See Alabama Code 35-11-351
  • Capital offense: A crime punishable by death.
  • CASH ADVANCE: The amount of cash or its equivalent that the borrower actually receives or is paid at his direction or on his behalf. See Alabama Code 35-11-351
  • commission: The Alabama Peace Officers' Standards and Training Commission established by Section 36-21-41. See Alabama Code 36-21-40
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: The Alabama State Law Enforcement Agency. See Alabama Code 45-39-70
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 45-26-231.06
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • DOMESTIC ENTITY: An organization formed and existing under this title. See Alabama Code 45-26-231.06
  • Donor: The person who makes a gift.
  • employer: The State of Alabama or any department, agency, or local governing body by which a judge or clerk is paid. See Alabama Code 45-38-243.05
  • 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.
  • ers: The Employees' Retirement System of Alabama. See Alabama Code 36-21-180
  • EXECUTIVE DIRECTOR: The executive director of the board. See Alabama Code 36-21-60
  • EXECUTIVE DIRECTOR: The executive director of the board. See Alabama Code 36-21-180
  • Fiduciary: A trustee, executor, or administrator.
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, including a limited liability partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 45-26-231.06
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • firefighter: Any firefighter as certified by the Alabama Firefighters Personnel Standards and Education Commission. See Alabama Code 36-21-180
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 45-26-231.06
  • FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Alabama Peace Officers' Standards and Training Fund provided for in Section 36-21-47. See Alabama Code 36-21-40
  • fund: The Alabama Peace Officers' Annuity and Benefit Fund created in Section 36-21-66. See Alabama Code 36-21-60
  • fund: The Alabama Firefighters Annuity and Benefit Fund created in this article. See Alabama Code 36-21-180
  • fund: The Judicial Retirement Fund provided for in this chapter. See Alabama Code 45-38-243.05
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • JUDGE OR CLERK: Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, district judge, probate judge, or circuit clerk who is not a member of the Judicial Retirement Fund or Clerks' and Registers' Supernumerary Fund on November 7, 2016 and who is first elected or appointed to his or her position on or after November 8, 2016. See Alabama Code 45-38-243.05
  • Juror: A person who is on the jury.
  • LAW ENFORCEMENT AGENCY: The state Department of Public Safety, the Alabama Board of Corrections, the police department of each incorporated city or town, the department of each sheriff of the state, including all deputy sheriffs, the Enforcement Division of the State Department of Conservation and Natural Resources and the Public Service Commission, and each public agency in the state charged with the enforcement of any laws and the officers or employees of which have power as such officials or employees to make arrests. See Alabama Code 36-21-40
  • LAW ENFORCEMENT OFFICER: A policeman, deputy sheriff, deputy constable and other official who has authority as such official to make arrests. See Alabama Code 36-21-40
  • 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
  • license: A license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter at a single place of business. See Alabama Code 35-11-351
  • licensee: A person to whom one or more licenses have been issued. See Alabama Code 35-11-351
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 45-26-231.06
  • MEDICAL BOARD: The board of physicians provided for in Section 36-27-23. See Alabama Code 45-38-243.05
  • member: Any peace officer who is a member of the fund and who is in good standing by virtue of having paid all sums required by this article to be paid by him. See Alabama Code 36-21-60
  • member: Any firefighter who is a member of the fund and who is in good standing by virtue of having paid all sums required by this article. See Alabama Code 36-21-180
  • member: Any judge or clerk included in membership of the plan. See Alabama Code 45-38-243.05
  • MEMBERSHIP SERVICE: The period of employment of a member as a peace officer from the date he or she becomes a member. See Alabama Code 36-21-60
  • MEMBERSHIP SERVICE: The period of employment of a member as a firefighter from the date he or she becomes a member. See Alabama Code 36-21-180
  • MEMBERSHIP SERVICE: Service as a judge or clerk on account of which contributions are made. See Alabama Code 45-38-243.05
  • MISSING SENIOR CITIZEN ALERT: A voluntary program entered into by the department and other local and state law enforcement agencies and the Alabama Association of Broadcasters and broadcasters licensed to serve in the state, which provides that if the department verifies that a senior citizen is missing or lost and in danger, a media alert is transmitted. See Alabama Code 45-39-70
  • month: A period of 30 days. See Alabama Code 36-21-60
  • month: A period of 30 days. See Alabama Code 36-21-180
  • month: means a calendar month. See Alabama Code 30-3D-608
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • order: The Fraternal Order of Police. See Alabama Code 36-21-60
  • 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
  • PEACE OFFICER: A person duly sworn as a peace officer of the State of Alabama possessing powers of arrest and employed by the state, any political subdivision thereof, or any municipal corporation therein who is required by the terms of employment, whether the employment exists by virtue of election or appointment, to give full time to the preservation of public order and the protection of life or property or the detection of crime in the state. See Alabama Code 36-21-60
  • pension: Payments for life derived from money provided by the employer. See Alabama Code 45-38-243.05
  • person: Such term shall include individuals, copartnerships, associations, trusts, corporations and any other legal entities. See Alabama Code 35-11-351
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 30-3D-608
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: The Judges' and Clerks' Plan provided for in Section 12-18-151. See Alabama Code 45-38-243.05
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • PRIOR SERVICE: The period of employment of a member as a peace officer from the time of initial employment as a peace officer to September 12, 1969. See Alabama Code 36-21-60
  • PRIOR SERVICE: The period of employment of a member as a firefighter from the time of initial employment as a firefighter to October 1, 2010. See Alabama Code 36-21-180
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • QUALIFIED SERVICE: The prior service plus membership service of a member. See Alabama Code 36-21-60
  • QUALIFIED SERVICE: The prior service plus membership service of a member. See Alabama Code 36-21-180
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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).
  • RESCUE SQUAD MEMBER: A member of an organized rescue squad of a city, town, county, or other subdivision of the state or of a public corporation, organized for the purpose of providing, within the scope of his or her practice: First aid, treatment or transport of the sick or injured; rescue or recovery operations at incidents of drowning; search and rescue of individuals lost or incapable of self rescue; or any other emergency or non-emergency incident where the services provided by the rescue squad are deemed necessary for incident stabilization. See Alabama Code 36-21-101
  • retirement: Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article. See Alabama Code 45-38-243.05
  • RETIREMENT ALLOWANCE: The sum of the annuity and the pension. See Alabama Code 45-38-243.05
  • RETIREMENT SYSTEM: The Employees' Retirement System of Alabama as defined in Section 36-27-2. See Alabama Code 45-38-243.05
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
  • state: The State of Alabama. See Alabama Code 36-21-40
  • state: The State of Alabama. See Alabama Code 36-21-60
  • STATE POLICE ASSOCIATION: The Alabama State Police Association, as now or hereafter constituted. See Alabama Code 36-21-60
  • STATE TROOPER ASSOCIATION: The Alabama State Trooper Association, Inc. See Alabama Code 36-21-60
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervisor: The Supervisor of the Bureau of Loans of the State Banking Department. See Alabama Code 35-11-351
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • tuition: The cost of instruction and fees to the student as stated in the institution's catalog, plus the cost of books and supplies. See Alabama Code 36-21-101
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Verdict: The decision of a petit jury or a judge.
  • VOLUNTEER FIREFIGHTER: Any person who meets all requirements set forth by his or her department, as attested by the chief of that department, and who is any of the following:

    a. See Alabama Code 36-21-101

  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • year: A period of 365 days. See Alabama Code 36-21-60
  • year: A period of 365 days. See Alabama Code 36-21-180