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Act No. 385

S. 643-McMillan

AN ACT

To provide for the relief of Charles John Salors by granting to him the extraordinary disability allowance provided by Act No. 929 of the Regular Session of the Legislature of 1951 (Ala. Acts, 1951, pp. 1591-1592), as amended; to state the reasons for granting such allowance; to provide for the periods during which such allowance shall be payable; and to prescribe the conditions and limitations applying to such allowance. Be It Enacted by the Legislature of Alabama:

Section 1. As herein used, the following terms have the meanings hereby given them, unless the context shows a different meaning is intended: "the City" means the City of Birmingham; "the pension law” means Act No. 929 of the Regular Session of the Legislature of Alabama of 1951, (Ala. Acts, 1951, page 1579, et seg.), as amended; "the pension system" means the pension system the pension law established; “the pension board” means the Board of Trustees the pension law established; "the extraordinary disability allowance" means the allowance the pension law provides for a member disabled to perform his City duties by an accident occurring while he is serving the City; "the twelve months limitation" means the provision in subsection (b) of Section 14 of the pension law, as amended by Section 3 of Act No. 1209 of the Regular Session of the Legislature of 1969 that no extraordinary disability allowance shall be granted except by resolution of the pension board "passed within twelve months after the accident resulting in disability” (Ala. Acts, 1969, pp. 2265-2266); "the provision suspending benefits” means Section 19 of ARTICLE VI of the pension law, as amended by Act No. 1272 of the Regular Session of 1973 (Ala. Acts, 1973, pages 2147 and 2148); and “the civil service law” means the county-wide civil service law applying to the City, which is Act No. 248 of the Regular Session of the Legislature of 1945, as amended (Ala. Acts, 1945, pages 376400).

Section 2. LEGISLATIVE FINDINGS AND DECLARATION OF PURPOSE. The Legislature has found the following: that while Charles John Salors, a member of the pension system, was serving the City as a painter, on May 21, 1970, an accident resulted in his suffering severe and painful injuries which, for more than six months, completely disabled him and confined him to a hospital bed or to a wheelchair in his home; that in December, 1970, he resumed the painter job with the City instead of requesting retirement on an extraordinary disability allowance; that he served the City as painter from December, 1970, until May 16, 1973, when the City assigned him to the job of watchman, which paid substantially less than the painter job; that Salors had permanent civil service status when the City removed him from the painter's job; that the City accomplished Salors' removal by giving him a written notice on May 10, 1973 that he was removed from the painter's job and assigned to the job of watchman for the City effective May 16, 1973; that continuously since May 16, 1973, Salors has served the City as a watchman at a salary substantially less than the salary provided for by the painter's job; that in September, 1973, Salors filed with the pension board his application for extraordinary disability allowance; that while such application was pending the pension board received and considered the opinion of the City Physician, Dr. Allen R. Dimick, declaring that Salors had become, and at the time of said opinion was, disabled to perform his duties as a painter as a result of the injuries he received in said accident; that in October, 1973, the pension board informed Salors that the twelve months limitation barred him from receiving the extraordinary disability allowance, because more than twelve months had elapsed following the accident which disabled him; and that continuously since the City demoted Salors from his job as painter he has been, and is now, physically disabled to perform the duties of a painter as a result of said accident.

The Legislature has further found: that the circumstances which influenced and motivated Salors not to file his application for the service-connected disability allowance within the time permitted by the twelve months limitation are such that the application of such limitation to deny Salors such allowance is contrary to the purpose of said limitation and deprives Salors of an extraordinary disability allowance to which in fairness and justice he is entitled.

The purpose of the Legislature in adopting this Act is to relieve Salors from the grievous and oppressive hardship he has suffered from the twelve months limitation being applied to deprive him of the extraordinary disability allowance.

Section 3 (a). Subject to the provisions of subsection (b), next below, as soon as practical after adoption of this Act the pension board shall pay to Salors the extraordinary disability allowance at the rate and for the periods provided for by this subsection (a).

The rate of the said allowance shall be the same as the rate would have been had the pension board granted Salors an extraordinary disability allowance for his said injuries within twelve months after the accident disabling him OCcurred. The allowance shall be payable for these two periods: the First Period, which shall begin on May 16, 1973 (when the City removed Salors from the painter's job) and shall end on the date whereon the pension board makes the lump sum payment for which the sentence next following provides; and the Second Period, which shall begin on the date following the date whereon said lump sum payment is made and shall end on the date whereon there exists any condition which the pension law provides shall terminate a service-connected disability allowance. As soon as practical after adoption of this Act, the pension board shall make the lump sum payment covering the First Period. During the Second Period the pension board shall monthly pay to Salors the allowance at the same time the board pays other extraordinary disability allowances accruing under the pension law.

(b) The payments provided for in subsection (a), next above, shall be subject to all conditions and limitations this subsection (b) prescribes.

Anything in subsection (a), next above, to the contrary notwithstanding, the pension board shall not pay to Salors any allowance for the First Period, described in said subsection (a), or for any part of such period, during which the pension board shall find and declare by resolution, adopted by the Board, that Salors was not disabled to perform his duties as a painter with the City; provided, however, that before adopting any such resolution the board shall accord Salors a hearing on the question of whether he was disabled, as aforesaid, of which hearing the board shall give to Salors at least ten (10) days' written notice stating the time and place of the hearing and the question to be considered at said hearing.

The payments of the extraordinary disability allowance provided for by this Act shall be subject to all conditions and limitations this Section 3 of this Act imposes. Such payments shall also be subject to any and all other conditions and limitations the pension law imposes on the payment of the extraordinary disability allowance except to the extent that this Act provides that such conditions or limitations shall not apply.

Without limiting the generality of the two next foregoing sentences it is hereby expressly provided that the two sections of the pension law below named in this Section 3 shall apply to the allowance this Act grants to Salors.

The said allowance shall be subject to the provision of Section 9 of ARTICLE VI of the pension law that during the continuance of any disability the pension board may from time to time require further certification of disability by one or more licensed and practicing physicians or surgeons and may require such additional proof of the continuance of such disability as the board deems appropriate.

The provision suspending benefits shall not apply to prevent Salors from receiving the allowance this Act grants for, or during, the First Period described in subsection (a), next above; but the provision suspending benefits shall prevent the payment to Salors of such allowance for, or during, any part of the Second Period described by said subsection (a) during which Salors is employed by the City, is due a salary from the City or has been paid a salary by the City.

Section 4. 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.

Act No. 386

S. 126—Gilmore, Foshee, Bank, McDonald (S),

Torbert, Perloff, Vacca, Owen, and
Little

AN ACT Relating to certain positions in the state department of education; providing that such positions shall continue to be subject to and governed by the state merit system law, except as to the fixing of the salaries for such positions, until vacated by the incumbents of such positions, respectively, when this act becomes law, but shall thereafter not be subject to such law; regulating powers and duties of the state board of education and the state superintendent of education relative to such positions and the recruitment and employment of persons to fill such positions. Be It Enacted by the Legislature of Alabama:

Section 1. The positions of assistant state superintendent of Education and of division directors in the state department of education, when this act becomes law, shall continue to be covered by the Alabama Merit System Law in all matters except the number of positions and the method of fixing the compensa.. tion for the performance of the duties of such offices. So long as the incumbents of any such offices existing on the effective date of this act continue to serve in such positions, they shall be entitled to retain all benefits and immunities to which they are entitled under the merit system law, and shall continue to be entitled to participate in the teachers retirement system upon the same terms and under the same conditions as previously applied to them, provided that the state board of education may determine the salaries of such incumbents.

Section 2. Upon the vacation of any of the offices designated in Section 1 hereof by any such incumbents, such positions

shall cease to be covered by the merit system law; and persons to fill such positions thereafter shall be appointed and compensated without regard to the said merit system law, and shall serve at the pleasure of the state board of education. Except as hereinabove provided, however, any such person shall be entitled to all the benefits accruing to state employees who are subject to the merit system law, including the right to accumulate leave and to participate in the teachers retirement system upon the same terms and under the same conditions as other employees of the state department of education.

Section 3. The state board of education, upon the recommendation of the state superintendent of education, shall prescribe the amount of the annual salaries for the assistant state superintendents of education and for the directors of each of the several divisions in the state department of education; and the salaries so prescribed shall apply whether such employees are incumbents of such positions when this act becomes law or are thereafter employed in such positions. In no case may the salary of a director or assistant superintendent be as great or greater as that of the state superintendent of education.

Section 4. Upon the occurrence of a vacancy in any of the positions designated in Section 1 hereof or upon the establishment of new positions, the state superintendent of education, with the approval of the state board of education, shall recruit and employ a person to fill such position. The employment of such person shall not be subject to nor governed by the state merit system law. Any person so employed shall serve at the pleasure of the state board of education and the state superintendent of education. The state board of education upon the recommendation of the state superintendent of education may enter into contracts of employment with any such employee, but no such contract shall provide for the employment of such person after the expiration of the term of office of the superintendent of education making the recommendation.

Section 5. 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 6. All laws or parts of laws which conflict with this act are hereby repealed.

Section 7. 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: 6:00 P.M.

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