Employees' Retirement System Board of Control v. Givhan

Section 36-27-16, Ala.Code 1975, provides, in pertinent part:

“(a)(1) Retirement, Etc., Of Employees Generally; Eligibility For Service Retirement Benefits.

“a. Any member who withdraws from service upon or after attainment of age 60 may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired; provided, that any such member who became a member on or after October 1, 1963, shall have completed 10 or more years of creditable service; provided further,…