Alabama 2022 Regular Session

Alabama House Bill HB293 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB293
2	2	2 210444-1
3	3	3 By Representative Kiel
4	4	4 RFD: Judiciary
5	5	5 First Read: 08-FEB-22
6	6
7	7	Page 0 1 210444-1:n:08/10/2021:CNB/bm LSA2021-533
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13	13	7
14	14	8 SYNOPSIS: Under existing law, certain pension,
15	15	9 annuity, or retirement allowance benefits under the
16	16	10 Teachers' Retirement System and the Employees'
17	17	11 Retirement System are subject to state or municipal
18	18	12 tax, levy, sale, garnishment, attachment, or any
19	19	13 other related process under certain circumstances.
20	20	14 This bill would revise the circumstances in
21	21	15 which an individual's pension, annuity, or
22	22	16 retirement allowance benefits under the Teachers'
23	23	17 Retirement System and the Employees' Retirement
24	24	18 System are subject to certain recovery actions.
25	25	19
26	26	20 A BILL
27	27	21 TO BE ENTITLED
28	28	22 AN ACT
29	29	23
30	30	24 Relating to retirement benefits; to amend Sections
31	31	25 16-25-23 and 36-27-28, Code of Alabama 1975, to revise the
32	32	26 circumstances in which an individual's pension, annuity, or
33	33	27 retirement allowance benefits under the Teachers' Retirement
34	34	Page 1 1 System and the Employees' Retirement System are subject to
35	35	2 certain recovery actions.
36	36	3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
37	37	4 Section 1. Sections 16-25-23 and 36-27-28, Code of
38	38	5 Alabama 1975, are amended to read as follows:
39	39	6 "§16-25-23.
40	40	7 "(a) Except as provided in subsection (b), the right
41	41	8 of a person to a pension; an annuity, or a retirement
42	42	9 allowance; to the return of contributions; the pension,
43	43	10 annuity, or retirement allowance itself; any optional benefit
44	44	11 or any other right accrued or accruing to any person under the
45	45	12 provisions of this chapter; and the monies in the various
46	46	13 funds created by this chapter are hereby exempt from any state
47	47	14 or municipal tax and exempt from levy and sale, garnishment,
48	48	15 attachment, or any other process whatsoever, and shall be
49	49	16 unassignable except as in this chapter specifically otherwise
50	50	17 provided in this chapter.
51	51	18 "(b)(1) Restitution, fines, court costs, fees, or
52	52	19 any other financial obligations in a criminal case ordered by
53	53	20 a circuit or district court judge in this state are not
54	54	21 subject to the exemption set out in subsection (a), provided
55	55	22 all both of the following are satisfied:
56	56	23 "a. The amount of the restitution ordered is in the
57	57	24 amount of one thousand dollars ($1,000) or greater.
58	58	25 "b. The person individual subject to the order is a
59	59	26 retiree or beneficiary who is currently receiving benefits
60	60	27 from the Teachers' Retirement System.
61	61	Page 2 1 "c. The case has been assigned to the district
62	62	2 attorney's restitution recovery division.
63	63	3 "(2) If the requirements of subdivision (1) are met,
64	64	4 and upon a motion filed by the district attorney, the circuit
65	65	5 or district court judge may order that the Teachers'
66	66	6 Retirement System pay to the circuit clerk of the court no
67	67	7 more than 25 percent of the retiree's or beneficiary's gross
68	68	8 monthly benefit less any deductions for child support or
69	69	9 health insurance for any dependents, to be applied to the
70	70	10 balance of the restitution, fines, court costs, fees, or other
71	71	11 financial obligations ordered in the criminal case.
72	72	12 "(3) An order under subdivision (2) shall set out
73	73	13 all of the following:
74	74	14 "a. The individual's name, date of birth, and Social
75	75	15 Security number.
76	76	16 "b. The amount of restitution ordered is in the
77	77	17 amount of one thousand dollars ($1,000) or greater.
78	78	18 "c. The amounts of restitution, fines, court costs,
79	79	19 fees, or any other financial obligations owed, detailed
80	80	20 individually.
81	81	21 "d. The relevant case numbers.
82	82	22 "e. The county in which the case was brought.
83	83	23 "f. The circuit clerk's name and mailing address.
84	84	24 "g. That the restitution, fines, court costs, fees,
85	85	25 or other financial obligations are payable as a result of a
86	86	26 criminal disposition.
87	87	Page 3 1 "h. The amount or the percentage of funds to be
88	88	2 paid.
89	89	3 "(4) The district attorney shall notify the court
90	90	4 whenever the restitution, fines, court costs, fees, or other
91	91	5 financial obligations are paid in full. Thereafter, the court
92	92	6 shall issue an order to stop the diversion of the individual's
93	93	7 funds. Any payment received by the circuit clerk in an amount
94	94	8 over what was owed shall be paid back to the Teachers'
95	95	9 Retirement System within 60 days with the specific identifying
96	96	10 information as to the retiree or the beneficiary to whom it is
97	97	11 owed.
98	98	12 "§36-27-28.
99	99	13 "(a) Except as provided in subsection (b), the right
100	100	14 of a person to a pension, an annuity, a retirement allowance
101	101	15 or to the return of contributions, the pension, annuity, or
102	102	16 retirement allowance itself and any optional benefit or any
103	103	17 other right accrued or accruing to any person under the
104	104	18 provisions of this article and the monies in the various funds
105	105	19 created by this chapter are hereby exempt from any state or
106	106	20 municipal tax and exempt from levy and sale, garnishment,
107	107	21 attachment, or any other process whatsoever and shall be
108	108	22 unassignable except as in this article specifically otherwise
109	109	23 provided.
110	110	24 "(b)(1) Restitution, fines, court costs, fees, or
111	111	25 any other financial obligations in a criminal case ordered by
112	112	26 a circuit or district court judge in this state are not
113	113	Page 4 1 subject to the exemption set out in subsection (a), provided
114	114	2 all both of the following are satisfied:
115	115	3 "a. The amount of the restitution ordered is in the
116	116	4 amount of one thousand dollars ($1,000) or greater.
117	117	5 "b. The person individual subject to the order is a
118	118	6 retiree or beneficiary who is currently receiving benefits
119	119	7 from the Employees' Retirement System.
120	120	8 "c. The case has been assigned to the district
121	121	9 attorney's restitution recovery division.
122	122	10 "(2) If the requirements of subdivision (1) are met,
123	123	11 and upon a motion filed by the district attorney, the circuit
124	124	12 or district court judge may order that the Employees'
125	125	13 Retirement System pay to the circuit clerk of the court no
126	126	14 more than 25 percent of the retiree's or beneficiary's gross
127	127	15 monthly benefit less any deductions for child support or
128	128	16 health insurance for any dependents, to be applied to the
129	129	17 balance of the restitution, fines, court costs, fees, or other
130	130	18 financial obligations ordered in the criminal case.
131	131	19 "(3) An order under subdivision (2) shall set out
132	132	20 all of the following:
133	133	21 "a. The individual's name, date of birth, and Social
134	134	22 Security number.
135	135	23 "b. The amount of restitution ordered is in the
136	136	24 amount of one thousand dollars ($1,000) or greater.
137	137	25 "c. The amounts of restitution, fines, court costs,
138	138	26 fees, or any other financial obligations owed, detailed
139	139	27 individually.
140	140	Page 5 1 "d. The relevant case numbers.
141	141	2 "e. The county in which the case was brought.
142	142	3 "f. The circuit clerk's name and mailing address.
143	143	4 "g. That the restitution, fines, court costs, fees,
144	144	5 or other financial obligations are payable as a result of a
145	145	6 criminal disposition.
146	146	7 "h. The amount or the percentage of funds to be
147	147	8 paid.
148	148	9 "(4) The district attorney must shall notify the
149	149	10 court whenever the restitution, fines, court costs, fees, or
150	150	11 other financial obligations are paid in full. Thereafter, the
151	151	12 court shall issue an order to stop the diversion of the
152	152	13 individual's funds. Any payment received by the circuit clerk
153	153	14 in an amount over what was owed shall be paid back to the
154	154	15 Employees' Retirement System within 60 days with the specific
155	155	16 identifying information as to the retiree or the beneficiary
156	156	17 to whom it is owed."
157	157	18 Section 2. This act shall become effective on the
158	158	19 first day of the third month following its passage and
159	159	20 approval by the Governor, or its otherwise becoming law.
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