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1976 general election, any four members of the board shall constitute a qourum for the transaction of its business.

Section 4. (A) Those members of the Morgan County Board of Education serving, on the effective date of this Act, terms which are to expire in November of 1980, shall continue to serve out their terms without regard to districts, but their successors must reside in Districts Four and Seven.

(B) That member of the board serving, on the effective date of this Act, a term which expires in November of 1978, shall continue to serve out his term without regard to districts, but his success must reside in District Three.

(C) Those members of the board who will be elected at the general election in 1976 shall be elected and shall serve out their terms without regard to districts, but their successors must reside in Districts One and Five.

(D) At the first meeting of the board after the 1976 general election, a majority of the members in office shall appoint one additional member who is a resident of District Two and one additional member who is a resident of District Six. Those appointed shall serve until November of 1978. Their successors, who must also be residents of Districts Two and Six respectively, shall be elected at the general election in 1978 and shall serve full six year terms.

Section 5. The provisions of this Act are supplemental. It shall be construed in pari materia with other laws relating to boards of education in general and the Morgan County Board of Education in particular; however, those laws or parts of laws which are in direct conflict or are inconsistent herewith are hereby repealed.

Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 381

S. 585-Edwards

AN ACT Relating to Morgan County; providing for the manner of the election of the county superintendent of education and fixing his salary at the same rate and the method of payment in the same manner as he presently is paid. Be It Enacted by the Legislature of Alabama:

Section 1. The county superintendent of education of Morgan County shall be elected by the qualified electors residing within the school districts under the jurisdiction of the Morgan County Board of Education in any election of the superintendent of education in Morgan County.

Section 2. The superintendent of education for Morgan County shall receive compensation for his duties at the same rate and in the same manner as now provided by law.

Section 3. The provisions of this act are severable. If any part of the act is declared invalid or unconstitutional, such declaration shall not affect the part which remains.

Section 4. All laws or parts of laws which conflict with this act are hereby repealed.

Section 5. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 382 S. 591–Owen, Mims, Perloff, Littleton, Fine,

Flippo, Clemon

AN ACT To provide that any circuit clerk who is serving as such clerk on October 1, 1976, and who has served twenty-three years shall be eligible for supernumerary status at any time provided he has paid contributions into the supernumerary fund for the number of years required by the Judicial Implementation Act. Be It Enacted by the Legislature of Alabama:

Section 1. Any circuit clerk who is serving as such clerk on October 1, 1976, and who has served for at least twentythree years on said date shall be eligible for supernumerary status at any time notwithstanding any provisions of “The Judicial Implementation Act," Act No. 1205, S. 400 of the 1975 Regular Session, (Acts of 1975, Vol. IV, p. 2384); provided, he has paid contributions into the supernumerary fund for the maximum number of years required by said Judicial Implementation Act.

Section 2. The provisions of this act are severable. If any part of the act is declared invalid or unconstitutional, such declaration shall not affect the part which remains.

Section 3. The provisions of this act are supplemental and, insofar as feasible, it shall be construed in pari materia with other laws relative to supernumerary circuit clerks; nevertheless, all laws or parts of laws which specifically conflict herewith are repealed.

Section 4. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 383

S. 614-McMillan

AN ACT To amend the title of Act 206 (House 537) of the Regular Session of the Legislature of Alabama of 1971 applicable in all counties having a population of 600,000 or more according to the last or any subsequent decennial census and to also amend Section 2 of said Act by defining the term "county prisoner”, used in said Section, so that said term means “any prisoner serving a state or county term”, and by defining the term "county jail”, used in said Section, so that said term means “the county jail, a county correctional center, or any other facility in which prisoners are serving their terms in said county." Be It Enacted by the Legislature of Alabama:

Section 1. That the title of Act 206 (House 537) of the Regular Session of the Legislature of Alabama of 1971, be, and the same hereby is, amended so as to read as follows:

AN ACT To authorize the county governing body of all counties having a population of 600,000 or more according to the last or any subsequent federal decennial census; to provide for the appointment of a County Pardon and Parole Board; to provide that the term "county jail" as used in this Act means the county jail, any county correctional center or any other facility in which prisoners are serving their terms in said county; to provide for the conditional release of any prisoners serving a state or county term in the county jail; to provide for the return to the county jail of any prisoner who violates the condition of his release; and repeal all conflicting laws.

Section 2. That Section 2 of Act 206 of the Regular Session of the Legislature of Alabama of 1971 be, and the same hereby is, amended so as to read as follows:

“Section 2. The County Pardon and Parole Board shall be authorized and empowered by majority vote of said Board to release from the county jail any county prisoners on whatever terms or conditions required by said Board. As hereinbefore and hereafter used in this Act, the term "county prisoner” means any prisoner serving a state or county term in the county jail and the term “county jail” means the county jail, a county correctional center, or any other facility in which prisoners are serving their terms in said county. Provided further that the aforesaid authority shall be exercised as to persons serving state terms after an authorizing resolution of the county governing body is promulgated, which resolution may, at any time, be rescinded."

Section 3. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 384

S. 620_Gilmore

AN ACT

To further amend Section 11 of Act No. 497 of the Legislature of Alabama of 1965, approved August 20, 1965 (Ala. Acts, 1963, p. 717, et seq.) establishing a retirement system for officers and employees of Jefferson County, as hertofore amended. Be It Enacted by the Legislature of Alabama:

Section 1. It is hereby provided that Section 11 of Act No. 497 of the Legislature of Alabama of 1965, approved August 20, 1965 (Ala. Acts, 1965, p. 717, et. seq.), is heretofore amended to read as follows:

“Section 11. Joint Survivorship Pension Option.

“(a) The purpose of this Section 11 is to enable a member to provide for his widow or other dependents by accepting in lieu of the normal pension provided for by Section 10, above, a Joint Survivorship Pension payable so long as the member or his dependent lives. The Joint Survivorship Pension shall be in an amount less than the amount payable under said Section 10. The amount of the monthly income under this option shall depend upon several factors including the age and sex of the member and of the dependent named. By written request of any member filed with the Pension Board within the time specified in the next succeeding sentence, and upon compliance with such further conditions as may be set forth by the Pension Board and as may be applicable to the particular request, any member may elect to receive the joint Survivorship pension in lieu of the pension provided for in Section 10, above. Such written application shall be filed with the Pension Board at least one year prior to the date of the applicant's actual retirement.

“Following a member's retirement he shall be entitled to receive the pension provided for him in his Joint Survivorship Option. Under the Joint Survivorship Option the monthly payments provided for thereby will be paid to the member, or to the dependent designated by such member, provided his dependent survives after the death of the member; and the payments will terminate with the last monthly payment preceding the second death. Under the Joint Survivorship Option no benefit shall be payable to a dependent of a member in the event the member dies prior to the date on which he become eligible and entitled to retire and receive a pension. It is provided, however, that if a member serves until he becomes eligible and entitled to receive a pension, the pension provided for his dependent under the Joint Survivorship Option shall be payable to the dependent following such member's death, if the dependent survives, irrespective of whether the member retired prior to his death or remained in the service until his death.

"The amount of payments to members and the amount of payments to dependents under the Option shall be such amounts as shall be determined from tables or schedules adopted and published, from time to time, by the Pension Board after the Board has considered the opinions and recommendations of an actuary or actuaries. The amounts paid under said Option shall be the actuarial equivalents of the pension provided for by Section 10.

“(b) Subject to the limitation stated in the sentence next following, subsection (b) of Section 11 of Act No. 497 of the Legislature of Alabama of 1965, as amended by Act No. 962 of the Regular Session of 1969, appearing on pages 1707, 1708 and 1709 of the Acts of Alabama of 1969, which provides for a member to obtain the Joint Survivorship Option by prepayment is hereby repealed. The repeal of said subsection (b) shall not impair, or effect in any way, the right of any member of the system who, prior to the repeal of said subsection (b), provided for in the next foregoing sentence, may the prepayment to obtain the Joint Survivorship Option."

Section 2. This Act shall become effective on its approval by the Governor or on its otherwise becoming a law.

Approved August 23, 1976.

Time: 3:00 P.M.

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