Section 45-37-123.54 - Rehired membersIf a member of the system severs employment with the county or his or her term in an elected or appointed job or position terminates, and the member thereafter returns to the service of the county, he or she shall become a member of the system to the extent he or she meets the definition of an eligible employee, subject to the following rules:
(1) RETIRED MEMBER RECEIVING A PENSION BENEFIT. If a member receiving his or her pension benefit is reemployed by the county two or more years after severing employment, the pension benefit of the member shall not be reduced. If a member is receiving his or her pension benefit and is reemployed by the county less than two years after severing employment, any amount otherwise payable by the system to the member on account of the member's retirement shall be reduced by the amount, if any, paid or payable to the member by the county on account of or by reason of the reemployment of the member. At the earlier of the time the member thereafter severs employment with the county or after two or more years after the date on which the member retired, the member's pension benefit shall return to the amount it was prior to the member's reemployment. However, notwithstanding subdivisions (3) and (4), such a member covered by this subdivision shall not make any additional employee contributions or accrue any additional pension benefit during his or her period of reemployment.(2) MEMBER ELECTED A DEFERRED RETIREMENT. If a vested member who severed employment with the county and elected a deferred retirement benefit is reemployed by the county before age 60, his or her election for a deferred retirement benefit shall be rescinded, and he or she shall resume making employee contributions and begin to accrue benefits again upon the date of reemployment if the member's position is subject to mandatory membership pursuant to Section 45-37-123.50(1) . Such member's benefit, if any, shall be calculated by aggregating the member's credited service during all periods of membership in the system. Alternatively, if the member's position is subject to optional membership pursuant to Section 45-37-123.50(2), the member shall resume employee contributions and begin to accrue benefits again only if he or she has exercised the option to become a member in accordance with Section 45-37-123.50(2) .(3) DISABLED MEMBER RECEIVING A DISABILITY BENEFIT. If a disabled member receiving a disability benefit is reemployed by the county, his or her disability benefit shall terminate effective upon the date of reemployment.(4) MEMBER DOES NOT RECEIVE A REFUND AND IS REEMPLOYED WITHIN FIVE YEARS. Except as set forth in subdivision (1), if a member, who severed employment with the county but did not receive a refund of his or her employee contributions to the system as provided in Section 45-37-123.104, is reemployed by the county within five years of such severance from employment, he or she shall resume making employee contributions and begin to accrue benefits again upon the date of reemployment. The member's benefit shall be calculated by aggregating the member's credited service during all periods of employment.(5) MEMBER RECEIVED A REFUND . Except as set forth in subdivision (1), if a member who severed employment with the county and received a refund of his or her employee contributions to the system as provided in Section 45-37-123.104 , is reemployed by the county, he or she shall rejoin the system in accordance with Sections 45-37-123.50 and 45-37-123.82 and begin to accrue benefits again upon the date of reemployment. In calculating the member's benefit, only credited service rendered after the member is reemployed shall be included.Ala. Code § 45-37-123.54 (1975)
Amended by Act 2024-260,§ 1, eff. 6/1/2024.Amended by Act 2022-242,§ 1, eff. 4/5/2022.Amended by Act 2019-243,§ 1, eff. 8/1/2019. Act 2013-415, p. 1586, § 2 :3.5.