1 SB238 2 217834-2 3 By Senator Hatcher (Constitutional Amendment) 4 RFD: Local Legislation 5 First Read: 17-FEB-22 Page 0 SB238 1 SB238 2 3 4 ENROLLED, An Act, 5 Relating to Montgomery County; to propose an 6 amendment to the Constitution of Alabama of 1901, to allow 7 mayors in Montgomery County to participate in the Employees' 8 Retirement System. 9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 10 Section 1. The following amendment to the 11 Constitution of Alabama of 1901, is proposed and shall become 12 valid as a part of the Constitution when all requirements of 13 this act are fulfilled: 14 PROPOSED AMENDMENT 15 In Montgomery County, mayors of municipalities that 16 participate in the Employees' Retirement System of Alabama may 17 participate in the Employees' Retirement System of Alabama 18 upon the same terms and conditions as may be specified by law 19 for any other employee in the same retirement system. A mayor 20 holding office at the time of the ratification of this 21 amendment shall be eligible to purchase service credit in the 22 Employees' Retirement System for the time the official has 23 served in the current office. No person may participate in 24 both a supernumerary program and the Employees' Retirement 25 System based on the same service. Page 1 SB238 1 Upon ratification of this constitutional amendment 2 and contingent upon the ratification of the Constitution of 3 Alabama of 2022, the Code Commissioner shall number and place 4 this amendment as appropriate in the constitution based upon a 5 logical sequence and the particular subject or topic of the 6 amendment. In this amendment, the Code Commissioner may change 7 capitalization, spelling, and punctuation for the purpose of 8 style and uniformity; correct manifest grammatical, clerical, 9 and typographical errors; and correct incorrect 10 cross-references. When publishing the Constitution of Alabama 11 of 2022, the Code Commissioner may omit this instructional 12 paragraph. 13 Section 2. An election upon the proposed amendment 14 shall be held in accordance with Section 284.01 of the 15 Constitution of Alabama of 1901, now appearing as Section 16 284.01 of the Official Recompilation of the Constitution of 17 Alabama of 1901, as amended, and the election laws of this 18 state. 19 Section 3. The appropriate election official shall 20 assign a ballot number for the proposed constitutional 21 amendment on the election ballot and shall set forth the 22 following description of the substance or subject matter of 23 the proposed constitutional amendment: Page 2 SB238 1 "Relating to Montgomery County, proposing an 2 amendment to the Constitution of Alabama of 1901, to allow 3 mayors to participate in the Employees' Retirement System. 4 "Proposed by Act _________" 5 This description shall be followed by the following 6 language: 7 "Yes ( ) No ( )." Page 3 SB238 1 2 3 4 President and Presiding Officer of the Senate 5 6 Speaker of the House of Representatives SB2387 8 Senate 17-MAR-22 9 I hereby certify that the within Act originated in and passed 10 the Senate. 11 12 Patrick Harris, 13 Secretary. 14 15 16 17 House of Representatives 18 Passed: 06-APR-22 19 20 21 By: Senator Hatcher Page 4