Alabama Administrative Code Chapter 645-X-1 — General Membership Rules

645 Alabama Peace officers’ Annuity And Benefit Fund

Ala. Admin. Code r. 645-X-1-.01 Criteria For Membership In Fund

The Board of Commissioners of the Alabama Peace Officers’ Annuity and Benefit Fund is to set the criteria for membership in the Alabama Peace Officers’ Annuity and Benefit Fund for the applicants to be a full-time sworn law enforcement officer working for agencies allowed by law to participate in the Fund with arrest powers derived from the same agency by which you are employed and paid. Furthermore, membership in the Fund requires P.O.S.T. certification or P.O.S.T. affidavit which must be supplied by the applicant at the time of joining the Fund. The exceptions to this provision are if the P.O.S.T. certificate or affidavit is for law enforcement officers who are exempted from P.O.S.T. as designated by law (i.e. Sheriffs) or District Attorney’s investigators who are full-time law enforcement officers with the powers.

History

• Author: John E. Hixon, Jr.
• Authority: Code of Ala. 1975, §36-21-64.
• New Rule: Filed February 13, 2002; effective March 20, 2002.

Ala. Admin. Code r. 645-X-1-.02 Line Of Duty Disability Claim Time Requirements

The Board of Commissioners of the Alabama Peace Officers’ Annuity and Benefit Fund intent is to set the disability claim time requirements to be received in a complete fashion and date stamped in at the Annuity Fund office within one year of the date of injury for the Board of Commissioners to consider the claim unless the Board of Commissioners finds there was good cause for the failure to file within that time.

History

• Author: John E. Hixon, Jr.
• Authority: Code of Ala. 1975, §36-21-64.
• New Rule: Filed February 13, 2002; effective March 20, 2002.

Ala. Admin. Code r. 645-X-1-.03 Specifications For Receiving Retirement Benefits From The Alabama Peace Officers’ Annuity And Benefit Fund

Any member in good standing who at age 52 with at least 15 years qualified service or who has completed 25 years of qualified service at any age may apply for the annuity benefit as set by the Board of Commissioners. In order to qualify to receive their annuity benefit, the member must be retired from their law enforcement position or no longer employed as a peace officer. A member of the fund is not considered to be retired or no longer employed as a peace officer if they continue to receive their pay from the same employer, agency or department or an entity under the control of their most recent employer. A member is not considered retired or no longer employed as a peace officer even if they have voluntarily or involuntarily relinquished their powers while continuing to do the same job or a similar job in the same or a similar capacity, with duties that have remained virtually the same except for the deletion of the power of arrest.

History

• Author: John E. Hixon, Jr.
• Authority: Code of Ala. 1975, §36-21-64.
• New Rule: Filed January 12, 2006; effective February 16, 2006.

Ala. Admin. Code r. 645-X-1-.04 Application And Membership Contributions For The Alabama Peace Officers’ Annuity And Benefit Fund

The Board of Commissioners of the Alabama Peace Officers’ Annuity & Benefit Fund’s intent is effective September 1, 2015 all applicants for membership shall pay to the Fund a monthly fee in the amount of $30 as determined by the Board of Commissioners based upon the recommendations of the Actuary. Each current active member of the Fund shall pay a regular monthly fee of $30 as determined by the Board of Commissioners based upon the recommendation of the Actuary.

History

• Author: John E. Hixon, Jr., J. Matt Bledsoe
• Authority: Code of Ala. 1975, §§36-21-64, 36-21-68.
• New Rule: Filed July 21, 2015; effective August 25, 2015; operative September 1, 2015.

Ala. Admin. Code r. 645-X-1-.05 Request Public Records From The Alabama Peace Officers’ Annuity And Benefit Fund.

Public records may be requested in writing using the Board’s public records request form. Questions may be directed to the Executive Director. The public request form will be made available on the Board’s website. A fee shall be assessed for costs incurred for searching and producing records as described in rule 645-X-1-.06. Records request will be categorized as either Standard records or Time-intensive records. The Board shall acknowledge all requests within two (2) business days of receipt. The Board will provide records, provided that the request has been submitted on the Board approved form and all fees are paid in full. The Board reserves the right to review and/or deny any records request that compromises legally protected information or to which the release of said records would be detrimental to the public. Standard Records — are designated as public records that are easily made available to the public with little or no preparation time and with limited redaction needed to withhold legally protected information. These requests should be processed within fifteen (15) days of receipt. If the Board is unable to process the request within fifteen (15) days, the requestor will be notified by the Board within fifteen (15) days. Time-Intensive Records — are designated as records that would involve more than eight (8) hours of preparation with need for review and redaction with regards to legally protected information. These requests should be processed within forty-five (45) days of receipt. If the Board is unable to process the request within forty-five (45) days, the requestor will be notified by the Board within forty-five (45) days.

History

• Author: John E. Hixon, Jr. and J. Matt Bledsoe
• Authority: Code of Alabama 1975, Section §36-21-64.
• New Rule: Published August 31, 2023; effective October 15, 2023.

Ala. Admin. Code r. 645-X-1-.06 Fees For Public Records Request From The Alabama Peace Officers’ Annuity And Benefit Fund

Document retrieval and preparation $20.00 per hour or any portion thereof. Copying of records at a fee not to exceed .50¢ per page. Actual cost incurred by the Alabama Peace Officers’ Annuity and Benefit Fund for any programming preparation, or any other services associated with the request.

History

• Author: John E. Hixon, Jr. and J. Matt Bledsoe
• Authority: Code of Alabama 1975, Section §36-21-64
• New Rule: Published August 31, 2023; effective October 15, 2023.