Section 45-51A-32.90 City of Montgomery and Montgomery Airport Authority Authorized to Participate; Transfer of As-Sets and Liabilities; Election by Members; Maintenance and Administration of Retirement Plans.

(a)(1) Notwithstanding Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), the City of Montgomery, by action of the city council, and the Montgomery Airport Authority, by action of its governing board, may take any action necessary to participate in the Employees’ Retirement System of Alabama pursuant to Section 36-27-6, and the remaining provisions of Chapter 27 of Title 36, and may transfer any asset and liability of the Employees’ Retirement System of the City of Montgomery to the Employees’ Retirement System of Alabama, as necessary for the City of Montgomery and the Montgomery Airport Authority to participate in the Employees’ Retirement System of Alabama. (2) Upon acceptance of the City of Montgomery in the Employees’ Retirement System of Alabama, the Board of the Employees’ Retirement System of the City of Montgomery may terminate the retirement system established under Ordinance No. 1659, as amended, according to the terms and conditions as the Board of the Employees’ Retirement System of the City of Montgomery shall provide and upon satisfaction of any obligation to any vested member of the system in the manner as the board shall determine necessary. (b)(1)a. Members who began participation in the Employees’ Retirement System of the City of Montgomery prior to October 1, 2013, shall have the option to continue to participate in the benefit structure set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), or to participate in the Tier I plan set forth in Chapter 27 of Title 36. b. The election under paragraph a. must be made in accordance with the procedures, rules, regulations, and time periods established by the Board of Control of the Employees’ Retirement System of Alabama. (2) a. Members who began participation in the Employees’ Retirement System of the City of Montgomery on or after October 1, 2013, shall be Tier II plan members as set forth in Chapter 27 of Title 36, except that those members who are police or fire personnel prior to the date that the City of Montgomery begins participation in the Employees’ Retirement System of Alabama have the option to continue to participate in the benefit structure set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447). b. The election under paragraph a. must be made in accordance with the procedures, rules, regulations, and time periods established by the Board of Control of the Employees’ Retirement System of Alabama. (3) a. The Employees’ Retirement System of Alabama is authorized to maintain and administer the retirement plans set forth in Act 2013-385, 2013 Regular Session (Acts 2013, p. 1447), for those employees who elect to continue to participate in the benefit structure under subdivision (1) and subdivision (2). b. The participants under paragraph a. shall be considered members of the Employees’ Retirement System of Alabama. (4) Employees who begin employment with the City of Montgomery on or after the date that the City of Montgomery begins participation in the Employees’ Retirement System of Alabama and employees who begin employment with the Montgomery Airport Authority on or after the date the Montgomery Airport Authority begins participation in the Employees’ Retirement System of Alabama shall participate in the Employees’ Retirement System of Alabama in accordance with Section 36-27-6. (c) The amounts certified each year to the chief financial officer of the City of Montgomery and the chief financial officer of the Montgomery Airport Authority pursuant to subsection (g) of Section 36-27-6 shall be included in the respective budget of the city and the authority in accordance with the legal budget procedure of each entity.