Section 36-27-7 Participation of Employees of Counties, Cities, Towns, Public or Quasi-Public Organizations, Etc. - Employees of Cooperative Extension Service of Auburn University Under Federal Appointment.

(a) Any law to the contrary notwithstanding, the governing board of Auburn University may, by resolution legally adopted, elect to have its employees, from whatever sources and in whatever manner paid, become eligible to participate in the Employees’ Retirement System of the State of Alabama under the provisions of Section 36-27-6; provided, that all contributions and benefits shall be computed based on a percentage, not to exceed 50 percent, of each employee’s total salary; and provided further, that such percentage shall be expressly stipulated in the aforesaid resolution and that the resolution must expressly state that such percentage shall be applied uniformly to all employees covered thereunder. The funding responsibility of the employer, and the resolution referred to above as it relates to the percentage stipulated shall not be subject to alteration, amendment, transfer or other change unless such authority is specifically and clearly granted by an enactment of the Legislature of Alabama which specifically and expressly names the employees of the Cooperative Extension Service at Auburn University under federal appointment. The term “employee or employees” as herein used is defined as those persons performing their duties for the Cooperative Extension Service at Auburn University who are under federal appointment to said Cooperative Extension Service. Members of the Employees’ Retirement System who participate in said system under the provisions of this section shall participate and receive benefits under the same conditions as other members of said system; provided, that the basis for all computations shall not exceed 50 percent of each employee’s total salary notwithstanding such member’s coverage under federal civil service retirement. (b) Anything in this section to the contrary notwithstanding, any employee hereunder, who subsequent to his participation in the Employees’ Retirement System under the provisions of this section assumes regular employment with the state or with any employer unit participating in the Employees’ Retirement System, or the Teachers’ Retirement System, shall be entitled to count as creditable service only so much of each such year’s service as is in the same proportion with the percentage of his salary contributed upon for such year. (c) The provisions of this section are supplemental and shall not be construed to repeal any laws not in direct conflict therewith.