1 | 1 | | 1 SB146 |
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2 | 2 | | 2 216768-1 |
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3 | 3 | | 3 By Senator Marsh |
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4 | 4 | | 4 RFD: Finance and Taxation Education |
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5 | 5 | | 5 First Read: 01-FEB-22 |
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6 | 6 | | |
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7 | 7 | | Page 0 1 216768-1:n:01/28/2022:KMS/cr LSA2021-2629 |
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8 | 8 | | 2 |
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9 | 9 | | 3 |
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10 | 10 | | 4 |
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11 | 11 | | 5 |
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12 | 12 | | 6 |
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13 | 13 | | 7 |
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14 | 14 | | 8 SYNOPSIS: This bill provides that any individual |
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15 | 15 | | 9 retired under the Judicial Retirement Fund may not |
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16 | 16 | | 10 accrue membership service in the Teachers' |
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17 | 17 | | 11 Retirement System, Employees' Retirement System, or |
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18 | 18 | | 12 the Judicial Retirement Fund, including the Judges' |
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19 | 19 | | 13 and Clerks' Plan and the District Attorneys' Plan, |
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20 | 20 | | 14 while drawing his or her retirement allowance from |
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21 | 21 | | 15 the Judicial Retirement Fund. |
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22 | 22 | | 16 |
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23 | 23 | | 17 A BILL |
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24 | 24 | | 18 TO BE ENTITLED |
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25 | 25 | | 19 AN ACT |
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26 | 26 | | 20 |
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27 | 27 | | 21 To amend Section 12-1-15, Code of Alabama 1975, to |
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28 | 28 | | 22 prohibit any individual retired under the Judicial Retirement |
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29 | 29 | | 23 Fund from accruing membership service in the Teachers' |
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30 | 30 | | 24 Retirement System, Employees' Retirement System, or the |
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31 | 31 | | 25 Judicial Retirement Fund, while drawing his or her retirement |
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32 | 32 | | 26 allowance from the Judicial Retirement Fund. |
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33 | 33 | | 27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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34 | 34 | | Page 1 1 Section 1. Section 12-1-15 of the Code of Alabama |
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35 | 35 | | 2 1975, is amended to read as follows: |
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36 | 36 | | 3 "ยง12-1-15. |
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37 | 37 | | 4 "(a) Any justice, judge, officer, official or |
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38 | 38 | | 5 employee of the judicial branch of government, including |
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39 | 39 | | 6 retired and supernumerary justices, judges or employees, other |
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40 | 40 | | 7 than probate and municipal court judges and employees, shall |
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41 | 41 | | 8 be entitled to any and all employee benefits to which other |
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42 | 42 | | 9 state employees, officers or officials on active duty status |
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43 | 43 | | 10 are entitled, including, but not limited to, group hospital, |
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44 | 44 | | 11 medical and surgical insurance, regardless of whether such |
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45 | 45 | | 12 officer, official or employee is receiving his or her |
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46 | 46 | | 13 compensation from grant funds or otherwise. |
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47 | 47 | | 14 "(b) All supernumerary justices and judges and |
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48 | 48 | | 15 retired justices and judges shall fall within the retirement |
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49 | 49 | | 16 category and there shall be no differences between the same in |
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50 | 50 | | 17 regard to social security, tax benefits or advantages and |
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51 | 51 | | 18 employee benefits, and uniformity of treatment shall be given |
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52 | 52 | | 19 and accorded unless statutes specifically otherwise provide. |
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53 | 53 | | 20 "(c) Any justice or judge who is eligible or who |
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54 | 54 | | 21 will become eligible in the future for supernumerary benefits |
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55 | 55 | | 22 or retirement benefits shall not forfeit any right by failing |
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56 | 56 | | 23 to apply for such status at the time that he or she left or |
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57 | 57 | | 24 leaves active state service but shall be entitled to all such |
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58 | 58 | | 25 rights whenever he applies for the same. |
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59 | 59 | | 26 "(d) Any individual retired under the Judicial |
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60 | 60 | | 27 Retirement Fund may not accrue membership service in the |
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61 | 61 | | Page 2 1 Teachers' Retirement System, Employees' Retirement System, or |
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62 | 62 | | 2 the Judicial Retirement Fund, including the Judges' and |
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63 | 63 | | 3 Clerks' Plan and the District Attorneys' Plan, while drawing |
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64 | 64 | | 4 his or her retirement allowance from the Judicial Retirement |
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65 | 65 | | 5 Fund." |
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66 | 66 | | 6 Section 2. This act shall become effective on the |
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67 | 67 | | 7 first day of the third month following its passage and |
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68 | 68 | | 8 approval by the Governor, or its otherwise becoming law. |
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69 | 69 | | Page 3 |
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