Section 12-18-153

(Effective November 8, 2016, subject to contingencies) Transfer of membership service and accumulated contributions.

(a) Any active and contributing member of the Judges' and Clerks' Plan who, not more than one year prior to becoming a member of the plan was a member of the Employees' Retirement System of Alabama or the Teachers' Retirement System of Alabama, may elect to transfer his or her membership service and accumulated contributions in the Employees' Retirement System or the Teachers' Retirement System to the Judges' and Clerks' Plan.

(b) Any active and contributing member desiring to transfer any membership service and accumulated contributions under subsection (a) shall notify the Board of Control of the Employees' Retirement System of his or her election to transfer membership service and shall authorize the transfer of the amount of his or her accumulated contributions to his or her credit in the Employees' Retirement System or Teachers' Retirement System to his or her account in the Judges' and Clerks' Plan.

(c) The Board of Control transferring the membership service and contributions shall thereupon certify to the Board of Control of the Employees' Retirement System and to the fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the fund with the membership service and accumulated contributions so certified.

(d) Anything in this article to the contrary notwithstanding, in the application of the foregoing provisions of this section to a member whose membership service includes a period of service as a judge or clerk and a period of service in another employment classification, the benefit rates applicable to a judge or clerk shall apply to all membership service as a judge or clerk, and the benefit rates applicable to the member's other employment classification shall apply to membership service in such other classification. In all other respects, the pension under this section shall be determined on the basis of the member's employment classification at the time of his or her withdrawal from service.

(Act 2015-498, §5.)