Alabama 2023 Regular Session

Alabama House Bill HB308 Compare Versions

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

Old	New	Differences
1	1	HB308INTRODUCED
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3	3	5VHBM6-1
4	4	By Representatives Sells, Baker, Pettus
5	5	RFD: Ways and Means Education
6	6	First Read: 13-Apr-23
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11	11	5 5VHBM6-1 03/07/2023 KMS (L)cr 2023-573
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13	13	SYNOPSIS:
14	14	Under existing law, a retired public employee is
15	15	permitted to return to certain limited compensated
16	16	service with any employer participating in the
17	17	Teachers' Retirement System, Employees' Retirement
18	18	System, or Judicial Retirement Fund without suspension
19	19	of his or her retirement allowance.
20	20	This bill would lift these restrictions for
21	21	retirees who have drawn retirement benefits for 12
22	22	consecutive months without performing services for
23	23	compensation with participating employers and would
24	24	limit the person's compensation from the employer to 75
25	25	percent of the person's annual retirement benefit for
26	26	each calendar year.
27	27	A BILL
28	28	TO BE ENTITLED
29	29	AN ACT
30	30	Relating to the Retirement Systems of Alabama; to amend
31	31	Section 16-25-14, as last amended by Act 2022-184 and Act
32	32	2022-222 of the 2022 Regular Session, and Section 36-27-16, as
33	33	last amended by Act 2022-184 and Act 2022-351 of the 2022
34	34	Regular Session, Code of Alabama 1975, to require an
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64	64	individual retired under the Teachers' Retirement System,
65	65	Employees' Retirement System, or Judicial Retirement Fund to
66	66	draw his or her retirement benefits for 12 consecutive months
67	67	before returning to compensated work for a participating
68	68	employer; to limit the person's compensation from the employer
69	69	to 75 percent of the person's annual retirement benefit for
70	70	each calendar year; and to repeal Sections 16-25-26, 29-4-6,
71	71	and 36-27-8.2, Code of Alabama 1975, authorizing certain
72	72	retired public employees to return to work for participating
73	73	employers.
74	74	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
75	75	Section 1. Sections 16-25-14, as last amended by Act
76	76	2022-184 and Act 2022-222 of the 2022 Regular Session, and
77	77	Section 36-27-16, as last amended by Act 2022-184 and Act
78	78	2022-351 of the 2022 Regular Session, Code of Alabama 1975,
79	79	are amended to read as follows:
80	80	"§16-25-14
81	81	(a)(1) Any Tier I plan member who withdraws from
82	82	service upon or after attainment of age 60 and any Tier II
83	83	plan member who withdraws from service upon or after
84	84	attainment of age 62, or in the case of a Tier II plan member
85	85	who is a correctional officer, firefighter, or law enforcement
86	86	officer as defined in Section 36-27-59, who withdraws from
87	87	service upon or after attainment of age 56 with at least 10
88	88	years of creditable service as a correctional officer,
89	89	firefighter, or law enforcement officer may retire upon
90	90	written application to the Board of Control setting forth at
91	91	what time, not less than 30 days nor more than 90 days
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121	121	subsequent to the execution and filing thereof, he or she
122	122	desires to be retired; provided, that any such member who
123	123	became a member on or after October 1, 1963, shall have
124	124	completed 10 or more years of creditable service.
125	125	(2) Any Tier I plan member who has attained age 60 and
126	126	any Tier II plan member who has attained age 62, or in the
127	127	case of a Tier II plan member who is a correctional officer,
128	128	firefighter, or law enforcement officer as defined in Section
129	129	36-27-59, who has attained age 56 with at least 10 years of
130	130	creditable service as a correctional officer, firefighter, or
131	131	law enforcement officer and has previously withdrawn from
132	132	service may retire upon written application to the Board of
133	133	Control setting forth at what time, not less than 30 days nor
134	134	more than 90 days subsequent to the execution and filing
135	135	thereof, he or she desires to be retired; provided, that the
136	136	member shall have completed at the time for his or her
137	137	withdrawal from service the requirements established by the
138	138	Board of Control for eligibility for deferred benefits
139	139	pursuant to Section 16-25-3.
140	140	(3) Any person who is presently covered or is eligible
141	141	to be covered under the Employees' Retirement System of
142	142	Alabama or the Teachers' Retirement System of Alabama and who,
143	143	prior to the coverage or eligibility for coverage, served as
144	144	head of any Alabama county's public library service department
145	145	shall have credited to him or her one year of creditable
146	146	service for each year served as such head, not to exceed 12
147	147	years; provided, that the person shall pay into the retirement
148	148	system the employee's part of the cost or contribution based
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178	178	on the salary paid to the person during the time of his or her
179	179	service in the above capacity, with the cost or contribution
180	180	to be calculated at the percent or rate in effect on October
181	181	1, 1973.
182	182	(4) Any Tier I plan member of the Teachers' Retirement
183	183	System of Alabama who withdraws from service after the
184	184	completion of at least 25 years of creditable service, or any
185	185	Tier II plan member who withdraws from service after the
186	186	completion of at least 30 years of creditable service, may
187	187	retire upon written application to the Board of Control of the
188	188	Teachers' Retirement System setting forth at what time, not
189	189	less than 30 days nor more than 90 days subsequent to the
190	190	execution and filing thereof, he or she desires to be retired;
191	191	provided, that any such member who became a Tier I or Tier II
192	192	plan member on or after October 1, 1963, shall have completed
193	193	10 or more years of creditable service.
194	194	(b) Upon retirement from service, a Tier I plan member
195	195	shall receive a service retirement allowance which shall
196	196	consist of:
197	197	(1) An annuity which shall be the actuarial equivalent
198	198	of his or her accumulated contributions at the time of his or
199	199	her retirement;
200	200	(2) A pension which shall be equal to the annuity
201	201	allowable at the age of retirement, but not to exceed an
202	202	annuity allowable at age 65 computed on the basis of
203	203	contributions made prior to the attainment of age 65; and
204	204	(3) If he or she has a prior service certificate in
205	205	full force and effect, an additional pension which shall be
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235	235	equal to the annuity which would have been provided at age of
236	236	retirement, but not to exceed an annuity allowable at age 65
237	237	by twice the contributions which he or she would have made
238	238	during the period of prior service with which he or she is
239	239	credited had the system been in operation and had he or she
240	240	contributed thereunder. In lieu of a determination of the
241	241	actual compensation of the members that was received during
242	242	that prior service, the Board of Control may use for the
243	243	purposes of this chapter the compensation rates which, if they
244	244	had progressed with the rates of salary increase shown in the
245	245	tables as prescribed in subsection (o) of Section 16-25-19,
246	246	would have resulted in the same average salary of the member
247	247	for the five years immediately preceding the date of
248	248	establishment as the records show the member actually
249	249	received.
250	250	(c) The annual service retirement pension payable to a
251	251	Tier I plan member retiring on or after October 1, 1975, shall
252	252	not be less than an amount which when added to his or her
253	253	annuity is equal to the greater of the following two amounts:
254	254	(1) Two and one-eightieth percent of the member's
255	255	average final compensation multiplied by the number of years
256	256	of his or her creditable service; or
257	257	(2) If he or she became a member before October 1,
258	258	1971, seventy-two dollars ($72) multiplied by the number of
259	259	years of his or her creditable service not in excess of 25
260	260	years.
261	261	Notwithstanding, a member who retired prior to October
262	262	1, 1971, under service retirement shall receive one hundred
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292	292	twenty dollars ($120) multiplied by the number of years of his
293	293	or her creditable service not in excess of 25 years.
294	294	(d) Upon retirement from service, a Tier II plan member
295	295	shall receive a service retirement allowance which shall
296	296	consist of an annuity which shall be the actuarial equivalent
297	297	of the member's accumulated contributions at the time of
298	298	retirement and a pension which, when added to the member's
299	299	annuity, shall be equal to one and sixty-five hundredths
300	300	percent (1.65%) of the member's average final compensation
301	301	multiplied by the number of years of creditable service. The
302	302	service retirement allowance for a member who retires with 30
303	303	years of creditable service before reaching the age of 62
304	304	shall be reduced by two percent (2%) for each year of the
305	305	difference between age 62 and the age at retirement of the
306	306	member. Notwithstanding the foregoing, the service retirement
307	307	allowance shall not exceed eighty percent (80%) of the
308	308	member's average final compensation.
309	309	(e) Upon the application of a Tier I plan member in
310	310	service or of his or her employer, any member who has had 10
311	311	or more years of creditable service may be retired by the
312	312	Board of Control on a disability retirement allowance not less
313	313	than 30 nor more than 90 days next following the date of
314	314	filing the application; provided, that the medical board,
315	315	after a medical examination of the member, shall certify that
316	316	the member is mentally or physically incapacitated for further
317	317	performance of duty, that the incapacity is likely to be
318	318	permanent, and that the member should be retired. Upon the
319	319	application of a Tier II plan member in service or of his or
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349	349	her employer, any member who has had 10 or more years of
350	350	creditable service may be retired by the Board of Control on a
351	351	disability retirement allowance not less than 30 nor more than
352	352	90 days next following the date of filing the application;
353	353	provided, that the medical board, after a medical examination
354	354	of the member, shall certify that the member is totally and
355	355	permanently mentally or physically incapacitated from regular
356	356	and substantial gainful employment, and that the member should
357	357	be retired.
358	358	(f) Upon retirement for disability, a Tier I plan
359	359	member shall receive a service retirement allowance if he or
360	360	she has attained age 60 or if any law or part of any law
361	361	pertaining to retirement under the Teachers' Retirement System
362	362	of Alabama provides for service retirement after the
363	363	completion of 25 years of creditable service and the member
364	364	has completed 25 years of creditable service; otherwise, he or
365	365	she shall receive a disability retirement allowance which
366	366	shall consist of:
367	367	(1) An annuity which shall be the actuarial equivalent
368	368	of his or her accumulated contributions at the time of
369	369	retirement; and
370	370	(2) A pension which shall be equal to the pension that
371	371	would have been payable under subdivisions (2) and (3) of
372	372	subsection (b) of this section upon service retirement at age
373	373	60 had the member continued in service to that age without
374	374	change in compensation.
375	375	The annual disability retirement pension shall not be
376	376	less than an amount which when added to his or her annuity is
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406	406	equal to the greater of the following amounts:
407	407	a. Two and one-eightieth percent of the member's
408	408	average final compensation multiplied by the number of years
409	409	of creditable service.
410	410	b. If he or she became a member before October 1, 1971,
411	411	fifty-four dollars ($54) multiplied by the number of years of
412	412	his or her creditable service not in excess of 25 years.
413	413	Notwithstanding, a member who retired prior to October
414	414	1, 1971, for disability shall receive ninety dollars ($90)
415	415	multiplied by the number of years of his or her creditable
416	416	service not in excess of 25 years.
417	417	(g) Upon retirement for disability, a Tier II plan
418	418	member shall receive a service retirement allowance if the
419	419	member has attained age 62, or in the case of a Tier II plan
420	420	member who is a correctional officer, firefighter, or law
421	421	enforcement officer as defined in Section 36-27-59, if the
422	422	member has attained age 56 with at least 10 years of
423	423	creditable service as a correctional officer, firefighter, or
424	424	law enforcement officer or if the member has completed 30
425	425	years of creditable service, otherwise, the member shall
426	426	receive a disability retirement allowance which shall be equal
427	427	to one and sixty-five hundredths percent (1.65%) of the
428	428	member's average final compensation multiplied by the number
429	429	of years of creditable service.
430	430	(h)(1) Once each year during the first five years
431	431	following the retirement of a member on a disability
432	432	retirement allowance and once in every three-year period
433	433	thereafter, the Board of Control may and upon his or her
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463	463	application shall require any disability beneficiary who has
464	464	not yet attained age 60 for a Tier I plan member or age 62 for
465	465	a Tier II plan member to undergo a medical examination, the
466	466	examination to be made at the place of residence of the
467	467	beneficiary or other place mutually agreed upon by a physician
468	468	of or designated by the medical board. Should any disability
469	469	beneficiary who has not yet attained age 60 for a Tier I plan
470	470	member or age 62 for a Tier II plan member refuse to submit to
471	471	the medical examination, his or her pension may be
472	472	discontinued until his or her withdrawal of the refusal, and
473	473	should his or her refusal continue for one year, all his or
474	474	her rights in and to his or her pension may be revoked by the
475	475	Board of Control; provided, that these requirements relative
476	476	to the medical examination shall not apply in the case of a
477	477	Tier II plan member who is a correctional officer,
478	478	firefighter, or law enforcement officer as defined in Section
479	479	36-27-59 retired for disability and who has attained age 56
480	480	with at least 10 years of creditable service as a correctional
481	481	officer, firefighter, or law enforcement officer.
482	482	(2) Should the medical board report and certify to the
483	483	Board of Control that a disability beneficiary who is a Tier I
484	484	plan member is engaged in or is able to engage in a gainful
485	485	occupation paying more than the difference between his or her
486	486	retirement allowance and his average final compensation and
487	487	should the Board of Control concur in the report, then the
488	488	amount of his or her pension shall be reduced to an amount
489	489	which, together with his or her annuity and the amount
490	490	earnable by him or her, shall equal the amount of his or her
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520	520	average final compensation. Should his or her earning capacity
521	521	be later changed, the amount of his or her pension may be
522	522	further modified; provided, that the new pension shall not
523	523	exceed the amount of the pension originally granted nor an
524	524	amount which, when added to the amount earnable by the
525	525	beneficiary together with his or her annuity, equals the
526	526	amount of his or her average final compensation.
527	527	(3) Should the medical board report and certify to the
528	528	Board of Control that a disability beneficiary who is a Tier
529	529	II plan member has the capacity to engage in regular and
530	530	substantial gainful employment, the Board of Control shall
531	531	discontinue the beneficiary's retirement allowance until the
532	532	beneficiary is otherwise eligible for service retirement.
533	533	(i)(1) Should a member cease to be a teacher, except by
534	534	death or by retirement under the provisions of this chapter,
535	535	the contributions standing to the credit of his or her
536	536	individual account in the Annuity Savings Fund shall be paid
537	537	to him or her upon demand, and in addition to the payment
538	538	there shall be paid five-tenths of the interest accumulations
539	539	standing to the credit of his or her individual account if he
540	540	or she shall have not less than three but less than 16 years
541	541	of membership service, six-tenths of the interest
542	542	accumulations if he or she shall have not less than 16 but
543	543	less than 21 years of membership service, seven-tenths of the
544	544	interest accumulations if he or she shall have not less than
545	545	21 but less than 26 years of membership service, and
546	546	eight-tenths of the interest accumulations if he or she shall
547	547	have not less than 26 years of membership service.
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577	577	(2) In case of the death of a member eligible for
578	578	service retirement pursuant to subsection (a) of this section,
579	579	an allowance shall be paid to the surviving spouse, if
580	580	designated as the sole beneficiary, in an amount that would
581	581	have been payable if the member had retired immediately prior
582	582	to his or her death and had elected Option 2, as set forth in
583	583	subsection (j), or to such other person who the member shall
584	584	have designated, in an amount that would have been payable if
585	585	the member had retired immediately prior to his or her death
586	586	and had elected Option 3, as set forth in subsection (j).
587	587	Alternatively, if the surviving spouse or other designee
588	588	desires, he or she may choose to receive, in lieu of the
589	589	allowance provided under Option 2 or Option 3, the accumulated
590	590	contributions of the member plus an amount equal to the
591	591	accumulated contributions of the member not to exceed five
592	592	thousand dollars ($5,000) or the accumulated contributions of
593	593	the member plus the benefit provided by Section 36-27B-3 if a
594	594	benefit is payable under that section. For purposes of this
595	595	subsection only, hazardous duty time, as set forth in
596	596	subdivision (b)(1) of Section 36-27-59, may be used in
597	597	calculating the requisite years of service for firefighters,
598	598	law enforcement officers, and correctional officers even if
599	599	the member has not otherwise attained 25 years of creditable
600	600	service.
601	601	(3) Upon the death of a member on account of whom no
602	602	survivor allowance is payable under subdivision (2) of this
603	603	subsection, the accumulated contributions of the member plus
604	604	an amount equal to the accumulated contributions not to exceed
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634	634	five thousand dollars ($5,000) or the accumulated
635	635	contributions of the member plus the benefit provided by
636	636	Section 36-27B-3 if a benefit is payable under that section
637	637	shall be paid to his or her estate or to such person as he or
638	638	she shall have nominated by written designation duly executed
639	639	and filed with the Board of Control.
640	640	(j) With the provision the election of an option shall
641	641	be effective on the effective date of retirement, any member
642	642	may elect prior to retirement to receive, in lieu of his or
643	643	her retirement allowance payable throughout life, the
644	644	actuarial equivalent at that time of his or her retirement
645	645	allowance in a reduced retirement allowance payable throughout
646	646	life with the provision that:
647	647	(1) OPTION 1. If he or she dies before he or she has
648	648	received in annuity payments the present value of his or her
649	649	annuity as it was at the time of his or her retirement, the
650	650	balance shall be paid to his or her legal representatives or
651	651	to the person as he or she shall nominate by written
652	652	designation duly acknowledged and filed with the Board of
653	653	Control;
654	654	(2) OPTION 2. Upon his or her death, his or her reduced
655	655	retirement allowance shall be continued throughout the life of
656	656	and paid to the person as he or she shall nominate by written
657	657	designation duly acknowledged and filed with the Board of
658	658	Control at the time of his or her retirement;
659	659	(3) OPTION 3. Upon his or her death, one half of his or
660	660	her reduced retirement allowance shall be continued throughout
661	661	the life of and paid to the person as he or she shall nominate
662	662	309
663	663	310
664	664	311
665	665	312
666	666	313
667	667	314
668	668	315
669	669	316
670	670	317
671	671	318
672	672	319
673	673	320
674	674	321
675	675	322
676	676	323
677	677	324
678	678	325
679	679	326
680	680	327
681	681	328
682	682	329
683	683	330
684	684	331
685	685	332
686	686	333
687	687	334
688	688	335
689	689	336 HB308 INTRODUCEDHB308 INTRODUCED
690	690	Page 13
691	691	by written designation duly acknowledged and filed with the
692	692	Board of Control at the time of his or her retirement; or
693	693	(4) OPTION 4. Some other benefit or benefits shall be
694	694	paid either to the member or to the person or persons as he or
695	695	she shall nominate; provided, that the other benefit or
696	696	benefits, together with the reduced retirement allowance,
697	697	shall be certified by the actuary to be of equivalent
698	698	actuarial value to his or her retirement allowance and shall
699	699	be approved by the Board of Control.
700	700	(5) OPTION 5. At the time of retirement, he or she
701	701	shall receive a partial lump sum distribution as a single
702	702	payment not to exceed the sum of 24 months of the maximum
703	703	monthly retirement allowance the member could receive. This
704	704	option may be elected in addition to the election of another
705	705	option under this subsection and the further reduced monthly
706	706	retirement allowance shall be calculated in accordance with
707	707	the selected option. This option shall not be available to a
708	708	member who is receiving a disability retirement.
709	709	(k) Should any beneficiary be restored to active
710	710	service, his or her retirement allowance shall be suspended
711	711	until he or she again withdraws from service and, he or she
712	712	shall not again become a member, nor shall he or she make
713	713	contributions; except, that should the beneficiary who has
714	714	been restored to active service continue in service for a
715	715	period of two or more years from the date of his or her
716	716	reentry into active service, he or she may request the Board
717	717	of Control to allow him or her to again become a member of the
718	718	retirement system. The Board of Control may grant the request
719	719	337
720	720	338
721	721	339
722	722	340
723	723	341
724	724	342
725	725	343
726	726	344
727	727	345
728	728	346
729	729	347
730	730	348
731	731	349
732	732	350
733	733	351
734	734	352
735	735	353
736	736	354
737	737	355
738	738	356
739	739	357
740	740	358
741	741	359
742	742	360
743	743	361
744	744	362
745	745	363
746	746	364 HB308 INTRODUCEDHB308 INTRODUCED
747	747	Page 14
748	748	for restoration to membership; provided, that the beneficiary
749	749	whose retirement allowance has been suspended shall repay to
750	750	the system all monies received by him or her as benefits
751	751	during any period subsequent to the date of his or her reentry
752	752	into active service; provided further, that he or she shall
753	753	make a contribution equal to the amount he or she would have
754	754	contributed had he or she been a member during the period of
755	755	his or her restoration to active service on a suspended
756	756	allowance basis, together with the interest which would have
757	757	been credited to the contributions on account of the period of
758	758	restoration up to the date the contribution is made.
759	759	(l)(k)(1) All retirement allowance payments due on or
760	760	after October 1, 1975, to members who retired prior to October
761	761	1, 1975, shall be redetermined as if the provisions of
762	762	subsections (b) and (e) of this section which became effective
763	763	on said date were in effect at the time the member retired;
764	764	provided, that the annual retirement allowance of any member
765	765	who retired on or before January 1, 1956, shall be not less
766	766	than one hundred thirty-two dollars ($132) multiplied by the
767	767	number of years of his or her creditable service not in excess
768	768	of 30 years in the case of service retirement or ninety-nine
769	769	dollars ($99) multiplied by the number of years of creditable
770	770	service not in excess of 30 years in the case of disability
771	771	retirements. Any increase provided in the retirement allowance
772	772	payment under this subsection for a member who retired under
773	773	the provisions of any optional benefit elected pursuant to
774	774	subsection (j) of this section shall accrue only to the
775	775	retired member, and no person designated to receive any
776	776	365
777	777	366
778	778	367
779	779	368
780	780	369
781	781	370
782	782	371
783	783	372
784	784	373
785	785	374
786	786	375
787	787	376
788	788	377
789	789	378
790	790	379
791	791	380
792	792	381
793	793	382
794	794	383
795	795	384
796	796	385
797	797	386
798	798	387
799	799	388
800	800	389
801	801	390
802	802	391
803	803	392 HB308 INTRODUCEDHB308 INTRODUCED
804	804	Page 15
805	805	payments after the death of a retired member under the
806	806	provisions of any optional benefit shall receive any increase
807	807	in payments under this subsection.
808	808	(2) Any person who served at least 30 years as a
809	809	teacher in the public schools of Alabama and was never a
810	810	member of the system and who, prior to October 1, 1963, was in
811	811	receipt of a benefit for old age assistance pursuant to
812	812	subsections (1) and (2) of Section 1 of Act 116, approved
813	813	August 24, 1959, shall be entitled to receive an annual
814	814	retirement allowance of three thousand nine hundred sixty
815	815	dollars ($3,960) from the system, effective as of October 1,
816	816	1973.
817	817	(3) Prior to October 31, 1975, any beneficiary may
818	818	elect to leave on deposit with the system all or a specified
819	819	part of any increase in his or her monthly retirement
820	820	allowance payments arising in accordance with subdivision (1)
821	821	or (2) of this subsection. The portion of each monthly payment
822	822	left in the system in accordance with the election shall be
823	823	credited, together with regular interest thereon, to the
824	824	individual account of the beneficiary. Upon the death of the
825	825	beneficiary, the total amount standing to his or her credit,
826	826	including regular interest to the date of death, shall be paid
827	827	in a lump sum to his or her legal representative or to the
828	828	person as he or she shall have nominated by written
829	829	designation duly acknowledged and filed with the Board of
830	830	Control.
831	831	(m)(l) Notwithstanding any other provisions of this
832	832	section to the contrary, when a designated beneficiary for a
833	833	393
834	834	394
835	835	395
836	836	396
837	837	397
838	838	398
839	839	399
840	840	400
841	841	401
842	842	402
843	843	403
844	844	404
845	845	405
846	846	406
847	847	407
848	848	408
849	849	409
850	850	410
851	851	411
852	852	412
853	853	413
854	854	414
855	855	415
856	856	416
857	857	417
858	858	418
859	859	419
860	860	420 HB308 INTRODUCEDHB308 INTRODUCED
861	861	Page 16
862	862	member predeceases the member who is receiving a monthly
863	863	benefit allowance provided under Option 2, 3, or 4, the member
864	864	may designate a replacement beneficiary for the deceased
865	865	beneficiary to become effective two years after the date of
866	866	designation of the replacement beneficiary and an actuarial
867	867	adjustment in the monthly benefit allowance of the member to
868	868	cover any cost associated with designating a replacement
869	869	beneficiary shall be reflected thereafter in the monthly
870	870	benefit allowance received by the member, commencing with the
871	871	first benefit allowance check received by the member following
872	872	the date of designation of the replacement beneficiary.
873	873	(n)(m) Notwithstanding any provision of this section to
874	874	the contrary, if a retired member who is receiving a monthly
875	875	benefit allowance provided under Option 2, 3, or 4 divorces
876	876	his or her designated beneficiary, the member may designate a
877	877	replacement beneficiary for the beneficiary to become
878	878	effective two years after the date of designation of the
879	879	replacement beneficiary and an actuarial adjustment in the
880	880	monthly benefit allowance of the member to cover any cost
881	881	associated with designating a replacement beneficiary shall be
882	882	reflected thereafter in the monthly benefit allowance received
883	883	by the member, commencing with the first benefit allowance
884	884	check received by the member following the date of designation
885	885	of the replacement beneficiary.
886	886	(o)(n) Any future act to increase the retirement age
887	887	for Tier II plan members above the age of 62 shall require a
888	888	two-thirds vote of the elected membership of each house of the
889	889	Legislature."
890	890	421
891	891	422
892	892	423
893	893	424
894	894	425
895	895	426
896	896	427
897	897	428
898	898	429
899	899	430
900	900	431
901	901	432
902	902	433
903	903	434
904	904	435
905	905	436
906	906	437
907	907	438
908	908	439
909	909	440
910	910	441
911	911	442
912	912	443
913	913	444
914	914	445
915	915	446
916	916	447
917	917	448 HB308 INTRODUCEDHB308 INTRODUCED
918	918	Page 17
919	919	"§36-27-16
920	920	(a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY;
921	921	ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS.
922	922	a. Any Tier I plan member who withdraws from service
923	923	upon or after attainment of age 60 and any Tier II plan member
924	924	who withdraws from service upon or after attainment of age 62
925	925	may retire upon written application to the Board of Control
926	926	setting forth at what time, not less than 30 days nor more
927	927	than 90 days subsequent to the execution and filing thereof,
928	928	he or she desires to be retired; provided, that any such
929	929	member who became a member on or after October 1, 1963, shall
930	930	have completed 10 or more years of creditable service;
931	931	provided further, that a Tier I plan member employed as a
932	932	state policeman shall be eligible to file application for
933	933	service retirement upon attaining age 52 and a Tier II plan
934	934	member employed as a state policeman or employed as a
935	935	correctional officer, firefighter, or law enforcement officer
936	936	as defined in Section 36-27-59 with at least 10 years of
937	937	creditable service as a correctional officer, firefighter, or
938	938	law enforcement officer shall be eligible to file application
939	939	for service retirement upon attaining age 56.
940	940	b. Any Tier I plan member who has attained age 60, or
941	941	age 52 in the case of a state policeman and any Tier II plan
942	942	member who has attained age 62, or age 56 in the case of a
943	943	state policeman or in the case of a correctional officer,
944	944	firefighter, or law enforcement officer as defined in Section
945	945	36-27-59 who has at least 10 years of creditable service as a
946	946	correctional officer, firefighter, or law enforcement officer,
947	947	449
948	948	450
949	949	451
950	950	452
951	951	453
952	952	454
953	953	455
954	954	456
955	955	457
956	956	458
957	957	459
958	958	460
959	959	461
960	960	462
961	961	463
962	962	464
963	963	465
964	964	466
965	965	467
966	966	468
967	967	469
968	968	470
969	969	471
970	970	472
971	971	473
972	972	474
973	973	475
974	974	476 HB308 INTRODUCEDHB308 INTRODUCED
975	975	Page 18
976	976	and has previously withdrawn from service may retire upon
977	977	written application to the Board of Control setting forth at
978	978	what time, not less than 30 days nor more than 90 days
979	979	subsequent to the execution and filing thereof, he or she
980	980	desires to be retired; provided, the member shall have at the
981	981	time of his or her withdrawal from service completed the age
982	982	and service requirements established by the Board of Control
983	983	for eligibility for deferred benefits; provided, that the
984	984	minimum number of years of creditable service shall not be
985	985	less than 10 years nor more than 25 years.
986	986	c. In addition to any law or part of law relating to
987	987	service retirement under the Employees' Retirement System of
988	988	Alabama, any Tier I plan member of the Employees' Retirement
989	989	System who withdraws from service after completion of not less
990	990	than 25 years of creditable service, or any Tier II plan
991	991	member who withdraws from service after completion of not less
992	992	than 30 years of creditable service, may retire without a
993	993	reduction in retirement allowance upon written application to
994	994	the Board of Control of the Employees' Retirement System
995	995	setting forth the first day of which month, not less than 30
996	996	days or more than 90 days subsequent to the execution and
997	997	filing thereof, he or she desires to be retired, provided that
998	998	no person whose employer participates in the Employees'
999	999	Retirement System under Section 36-27-6 shall be entitled to
1000	1000	the benefits provided in this paragraph for Tier I members
1001	1001	unless the employer elects to come under the provisions of the
1002	1002	paragraph. Any employer making this election must bear the
1003	1003	cost of the benefit.
1004	1004	477
1005	1005	478
1006	1006	479
1007	1007	480
1008	1008	481
1009	1009	482
1010	1010	483
1011	1011	484
1012	1012	485
1013	1013	486
1014	1014	487
1015	1015	488
1016	1016	489
1017	1017	490
1018	1018	491
1019	1019	492
1020	1020	493
1021	1021	494
1022	1022	495
1023	1023	496
1024	1024	497
1025	1025	498
1026	1026	499
1027	1027	500
1028	1028	501
1029	1029	502
1030	1030	503
1031	1031	504 HB308 INTRODUCEDHB308 INTRODUCED
1032	1032	Page 19
1033	1033	(2) AMOUNT OF SERVICE RETIREMENT ALLOWANCE.
1034	1034	a. Upon retirement from service, a Tier I plan member
1035	1035	shall receive a service retirement allowance which shall
1036	1036	consist of:
1037	1037	1. An annuity which shall be the actuarial equivalent
1038	1038	of his or her accumulated contributions at the time of his or
1039	1039	her retirement; except, that in the case of a state policeman
1040	1040	who has completed 20 years of creditable service as a state
1041	1041	policeman who retires after age 56 but prior to age 60, the
1042	1042	annuity shall be equal to the annuity that would have been
1043	1043	payable upon service retirement at age 60 had the member
1044	1044	continued in service to age 60 without change in compensation;
1045	1045	2. A pension which shall be equal to the annuity
1046	1046	allowance at age of retirement, but not to exceed an annuity
1047	1047	allowable at age 65, computed on the basis of contributions
1048	1048	made prior to attainment of age 65; except, that in the case
1049	1049	of a state policeman who has completed 20 years of creditable
1050	1050	service as a state policeman who retires after age 56 but
1051	1051	prior to age 60, the pension shall be equal to the annuity
1052	1052	that he or she would have received had he or she contributed
1053	1053	to age 60 without change in compensation; and
1054	1054	3. An additional pension, if he or she has a prior
1055	1055	service certificate in full force and effect, which shall be
1056	1056	equal to the annuity which would have been provided at the age
1057	1057	of retirement, but which shall not exceed an annuity allowable
1058	1058	at age 65 by twice the contributions which he or she would
1059	1059	have made during the period of prior service with which he or
1060	1060	she is credited had the system been in operation and had he or
1061	1061	505
1062	1062	506
1063	1063	507
1064	1064	508
1065	1065	509
1066	1066	510
1067	1067	511
1068	1068	512
1069	1069	513
1070	1070	514
1071	1071	515
1072	1072	516
1073	1073	517
1074	1074	518
1075	1075	519
1076	1076	520
1077	1077	521
1078	1078	522
1079	1079	523
1080	1080	524
1081	1081	525
1082	1082	526
1083	1083	527
1084	1084	528
1085	1085	529
1086	1086	530
1087	1087	531
1088	1088	532 HB308 INTRODUCEDHB308 INTRODUCED
1089	1089	Page 20
1090	1090	she contributed thereunder; except, that in case of a state
1091	1091	policeman who has completed 20 years of creditable service as
1092	1092	a state policeman who retired after age 56 but prior to age
1093	1093	60, an additional pension, if he or she has a prior service
1094	1094	certificate in full force and effect, which shall be equal to
1095	1095	the annuity which would have been provided at age 60, but
1096	1096	which shall not exceed an annuity allowable at age 60 by twice
1097	1097	the contributions which he or she would have made during the
1098	1098	period of prior service with which he or she is credited had
1099	1099	the system been in operation and had he or she contributed
1100	1100	thereunder.
1101	1101	b. Notwithstanding the provisions of subparagraphs 1.,
1102	1102	2., and 3. of paragraph a. of this subdivision, a state
1103	1103	policeman who is a Tier I plan member and who has completed 20
1104	1104	years of service as a state policeman who retires after age 52
1105	1105	but prior to age 56 shall receive:
1106	1106	1. An annuity which shall be equal to the annuity that
1107	1107	would have been payable had the member continued in service
1108	1108	for four years without change in compensation;
1109	1109	2. A pension which shall be equal to the annuity that
1110	1110	he or she would have received had he or she contributed for
1111	1111	four years without change in compensation; and
1112	1112	3. An additional pension, if he or she has a prior
1113	1113	service certificate in full force and effect, which shall be
1114	1114	equal to the annuity which would have been provided at the age
1115	1115	of retirement, but which shall not exceed an annuity allowable
1116	1116	at the age of retirement plus four years by twice the
1117	1117	contributions which he or she would have made during the
1118	1118	533
1119	1119	534
1120	1120	535
1121	1121	536
1122	1122	537
1123	1123	538
1124	1124	539
1125	1125	540
1126	1126	541
1127	1127	542
1128	1128	543
1129	1129	544
1130	1130	545
1131	1131	546
1132	1132	547
1133	1133	548
1134	1134	549
1135	1135	550
1136	1136	551
1137	1137	552
1138	1138	553
1139	1139	554
1140	1140	555
1141	1141	556
1142	1142	557
1143	1143	558
1144	1144	559
1145	1145	560 HB308 INTRODUCEDHB308 INTRODUCED
1146	1146	Page 21
1147	1147	period of prior service with which he or she is credited had
1148	1148	the system been in operation and had he or she contributed
1149	1149	thereunder. In lieu of a determination of the actual
1150	1150	compensation of a member that was received during that prior
1151	1151	service, the Board of Control may use for the purpose of this
1152	1152	article the compensation rate which, if it had progressed with
1153	1153	the rates of salary increase shown in the tables as prescribed
1154	1154	in subsection (n) of Section 36-27-23, would have resulted in
1155	1155	the same average salary of the member for the five years
1156	1156	immediately preceding the date of establishment as the records
1157	1157	show the member actually received.
1158	1158	c. The annual service retirement pension payable to a
1159	1159	Tier I plan member not employed as a state policeman retiring
1160	1160	on or after October 1, 1975, shall not be less than an amount
1161	1161	which, when added to his or her annuity, is equal to the
1162	1162	greater of the following two amounts:
1163	1163	1. Two and one-eightieth percent of the member's
1164	1164	average final compensation multiplied by the number of years
1165	1165	of his or her creditable service; or
1166	1166	2. If he or she became a member before October 1, 1965,
1167	1167	seventy-two dollars ($72) multiplied by the number of years of
1168	1168	his or her creditable service not in excess of 25 years.
1169	1169	d. The annual service retirement pension payable to a
1170	1170	Tier I plan member employed as a state policeman retiring on
1171	1171	or after October 1, 1975, shall not be less than an amount
1172	1172	which, when added to his or her annuity, is equal to the
1173	1173	greater of the following two amounts:
1174	1174	1. Two and seven-eighths percent of the member's
1175	1175	561
1176	1176	562
1177	1177	563
1178	1178	564
1179	1179	565
1180	1180	566
1181	1181	567
1182	1182	568
1183	1183	569
1184	1184	570
1185	1185	571
1186	1186	572
1187	1187	573
1188	1188	574
1189	1189	575
1190	1190	576
1191	1191	577
1192	1192	578
1193	1193	579
1194	1194	580
1195	1195	581
1196	1196	582
1197	1197	583
1198	1198	584
1199	1199	585
1200	1200	586
1201	1201	587
1202	1202	588 HB308 INTRODUCEDHB308 INTRODUCED
1203	1203	Page 22
1204	1204	average final compensation multiplied by the number of years
1205	1205	of his or her creditable service. Creditable service for any
1206	1206	state policeman under the age of 56 years who has completed 20
1207	1207	years of creditable service as a state policeman shall include
1208	1208	a bonus equal to four additional years. Creditable service for
1209	1209	a state policeman 56 years or older shall include a bonus
1210	1210	equal to the years or portion thereof remaining until the
1211	1211	member reaches age 60; or
1212	1212	2. If he or she became a member before October 1, 1965,
1213	1213	eighty-six dollars forty cents ($86.40) multiplied by the
1214	1214	number of years of his or her creditable service not in excess
1215	1215	of 25 years; provided, however, that if the member has
1216	1216	completed 20 years of creditable service as a state policeman
1217	1217	and has not attained age 60 at the time of retirement, the
1218	1218	pension shall be determined as provided in this subparagraph
1219	1219	on the basis of the number of years of creditable service
1220	1220	which he or she would have had if he or she had remained in
1221	1221	service for four years, except that, in the case of those
1222	1222	state policemen retiring at age 56 or after, the number of
1223	1223	years in determining the pension shall not exceed the number
1224	1224	of years of creditable service which he or she would have had
1225	1225	if he or she had remained in service to age 60.
1226	1226	e. Upon retirement from service, a Tier II plan member
1227	1227	who is not employed as a state policeman shall receive a
1228	1228	service retirement allowance which shall consist of an annuity
1229	1229	which shall be the actuarial equivalent of the member's
1230	1230	accumulated contributions at the time of retirement and a
1231	1231	pension which, when added to the member's annuity, shall be
1232	1232	589
1233	1233	590
1234	1234	591
1235	1235	592
1236	1236	593
1237	1237	594
1238	1238	595
1239	1239	596
1240	1240	597
1241	1241	598
1242	1242	599
1243	1243	600
1244	1244	601
1245	1245	602
1246	1246	603
1247	1247	604
1248	1248	605
1249	1249	606
1250	1250	607
1251	1251	608
1252	1252	609
1253	1253	610
1254	1254	611
1255	1255	612
1256	1256	613
1257	1257	614
1258	1258	615
1259	1259	616 HB308 INTRODUCEDHB308 INTRODUCED
1260	1260	Page 23
1261	1261	equal to one and sixty-five hundredths percent (1.65%) of the
1262	1262	member's average final compensation multiplied by the number
1263	1263	of years of creditable service. The service retirement
1264	1264	allowance for a member who retires with 30 years of creditable
1265	1265	service before reaching the age of 62 shall be reduced by two
1266	1266	percent (2%) for each year of the difference between age 62
1267	1267	and the age at retirement of the member. Notwithstanding the
1268	1268	foregoing, the service retirement allowance shall not exceed
1269	1269	eighty percent (80%) of the member's average final
1270	1270	compensation.
1271	1271	f. Upon retirement from service, a Tier II plan member
1272	1272	who is employed as a state policeman shall receive a service
1273	1273	retirement allowance which shall consist of an annuity which
1274	1274	shall be the actuarial equivalent of the member's accumulated
1275	1275	contributions at the time of retirement and a pension which,
1276	1276	when added to the member's annuity, shall be equal to two and
1277	1277	three-eighths percent (2.375%) of the member's average final
1278	1278	compensation multiplied by the member's number of years of
1279	1279	creditable service. The service retirement allowance for a
1280	1280	member who retires with 30 years of creditable service before
1281	1281	reaching the age of 62 shall be reduced by two percent (2%)
1282	1282	for each year of the difference between age 62 and the age at
1283	1283	retirement of the member. Notwithstanding the foregoing, the
1284	1284	service retirement allowance shall not exceed eighty percent
1285	1285	(80%) of the member's average final compensation.
1286	1286	g. Anything in this article to the contrary
1287	1287	notwithstanding, in the application of the foregoing
1288	1288	provisions of this subdivision to a member whose creditable
1289	1289	617
1290	1290	618
1291	1291	619
1292	1292	620
1293	1293	621
1294	1294	622
1295	1295	623
1296	1296	624
1297	1297	625
1298	1298	626
1299	1299	627
1300	1300	628
1301	1301	629
1302	1302	630
1303	1303	631
1304	1304	632
1305	1305	633
1306	1306	634
1307	1307	635
1308	1308	636
1309	1309	637
1310	1310	638
1311	1311	639
1312	1312	640
1313	1313	641
1314	1314	642
1315	1315	643
1316	1316	644 HB308 INTRODUCEDHB308 INTRODUCED
1317	1317	Page 24
1318	1318	service includes a period of service as a state policeman and
1319	1319	a period of service in another employment classification, the
1320	1320	benefit rates applicable to a member employed as a state
1321	1321	policeman shall apply to all creditable service as a state
1322	1322	policeman, and the benefit rates applicable to a member not
1323	1323	employed as a state policeman shall apply to all creditable
1324	1324	service, but in all other respects the pension under this
1325	1325	subdivision shall be determined on the basis of the member's
1326	1326	employment classification at the time of his or her withdrawal
1327	1327	from service.
1328	1328	h. The annual service retirement pension payable to any
1329	1329	state employee who had attained age 60 on or before October 1,
1330	1330	1945, who declined membership in the Employees' Retirement
1331	1331	System of Alabama in the manner prescribed in Section 36-27-4
1332	1332	and who retires as a state employee after completing a minimum
1333	1333	of 15 years' service shall be seventy-two dollars ($72)
1334	1334	multiplied by the number of years of his or her service not in
1335	1335	excess of 25 years.
1336	1336	(b)(1) RETIREMENT OF DISABLED EMPLOYEES; ELIGIBILITY
1337	1337	FOR DISABILITY RETIREMENT BENEFITS.
1338	1338	a. Upon application of a Tier I plan member in service
1339	1339	or of his or her employer, any member who has had 10 or more
1340	1340	years of creditable service who becomes disabled may be
1341	1341	retired on a disability retirement allowance by the Board of
1342	1342	Control not less than 30 nor more than 90 days next following
1343	1343	the date of filing of the application; provided, that the
1344	1344	medical board, after a medical examination of the member,
1345	1345	shall certify that the member is mentally or physically
1346	1346	645
1347	1347	646
1348	1348	647
1349	1349	648
1350	1350	649
1351	1351	650
1352	1352	651
1353	1353	652
1354	1354	653
1355	1355	654
1356	1356	655
1357	1357	656
1358	1358	657
1359	1359	658
1360	1360	659
1361	1361	660
1362	1362	661
1363	1363	662
1364	1364	663
1365	1365	664
1366	1366	665
1367	1367	666
1368	1368	667
1369	1369	668
1370	1370	669
1371	1371	670
1372	1372	671
1373	1373	672 HB308 INTRODUCEDHB308 INTRODUCED
1374	1374	Page 25
1375	1375	incapacitated for the further performance of duty, that the
1376	1376	incapacity is likely to be permanent and that the member
1377	1377	should be retired. Upon the application of a Tier II plan
1378	1378	member in service or his or her employer, any member who has
1379	1379	had 10 or more years of creditable service may be retired by
1380	1380	the Board of Control on a disability retirement allowance not
1381	1381	less than 30 nor more than 90 days next following the date of
1382	1382	filing the application; provided, that the medical board,
1383	1383	after a medical examination of the member, shall certify that
1384	1384	the member is totally and permanently mentally or physically
1385	1385	incapacitated from regular and substantial gainful employment,
1386	1386	and that member should be retired.
1387	1387	b. Without regard to the number of years of creditable
1388	1388	service, a member employed as a state policeman, a municipal
1389	1389	police officer or a deputy sheriff, or a member employed as a
1390	1390	state, municipal, or county firefighter who is not covered
1391	1391	through his or her current employer under the United States
1392	1392	Social Security Act, who as a result of his or her employment,
1393	1393	in the line of duty and not as a result of his or her own
1394	1394	misconduct, shall become permanently and totally disabled to
1395	1395	the extent that he or she cannot perform his or her duties or
1396	1396	duties of a less strenuous nature, as an employee of the State
1397	1397	of Alabama or as an employee of an employer participating
1398	1398	under the provisions of Section 36-27-6, shall be retired on a
1399	1399	disability retirement allowance, not less than 30 nor more
1400	1400	than 90 days next following the date of filing of the
1401	1401	application, provided that the medical board, after a medical
1402	1402	examination of the member shall certify that the member is
1403	1403	673
1404	1404	674
1405	1405	675
1406	1406	676
1407	1407	677
1408	1408	678
1409	1409	679
1410	1410	680
1411	1411	681
1412	1412	682
1413	1413	683
1414	1414	684
1415	1415	685
1416	1416	686
1417	1417	687
1418	1418	688
1419	1419	689
1420	1420	690
1421	1421	691
1422	1422	692
1423	1423	693
1424	1424	694
1425	1425	695
1426	1426	696
1427	1427	697
1428	1428	698
1429	1429	699
1430	1430	700 HB308 INTRODUCEDHB308 INTRODUCED
1431	1431	Page 26
1432	1432	mentally or physically incapacitated for the further
1433	1433	performance of duty, that the incapacity is likely to be
1434	1434	permanent, and that the member should be retired.
1435	1435	(2) AMOUNT OF DISABILITY RETIREMENT ALLOWANCE.
1436	1436	a. Upon retirement for disability a member shall
1437	1437	receive a service retirement allowance if he or she is a Tier
1438	1438	I plan member and he or she has attained age 60 or if he or
1439	1439	she is a Tier II plan member and he or she has attained age
1440	1440	62, or if any law or part of any law pertaining to retirement
1441	1441	under the Employees' Retirement System of Alabama provides for
1442	1442	service retirement after the completion of 25 years of
1443	1443	creditable service or 30 years of creditable service without a
1444	1444	reduction in the retirement allowance and the member has
1445	1445	completed 25 years of creditable service or 30 years of
1446	1446	creditable service, whichever is applicable, or, in the case
1447	1447	of a state policeman, if he or she is a Tier I plan member and
1448	1448	he or she has attained age 52 or, in the case of a state
1449	1449	policeman or a correctional officer, firefighter, or law
1450	1450	enforcement officer as defined in Section 36-27-59 with at
1451	1451	least 10 years of creditable service as a correctional
1452	1452	officer, firefighter, or law enforcement officer, if he or she
1453	1453	is a Tier II plan member and he or she has attained age 56;
1454	1454	otherwise, he or she shall receive a disability retirement
1455	1455	allowance which shall consist of:
1456	1456	1. An annuity which shall be the actuarial equivalent
1457	1457	of his or her accumulated contributions at the time of his or
1458	1458	her retirement;
1459	1459	2. A pension which shall be equal to the pension that
1460	1460	701
1461	1461	702
1462	1462	703
1463	1463	704
1464	1464	705
1465	1465	706
1466	1466	707
1467	1467	708
1468	1468	709
1469	1469	710
1470	1470	711
1471	1471	712
1472	1472	713
1473	1473	714
1474	1474	715
1475	1475	716
1476	1476	717
1477	1477	718
1478	1478	719
1479	1479	720
1480	1480	721
1481	1481	722
1482	1482	723
1483	1483	724
1484	1484	725
1485	1485	726
1486	1486	727
1487	1487	728 HB308 INTRODUCEDHB308 INTRODUCED
1488	1488	Page 27
1489	1489	would have been payable under subparagraphs (a)(2)a.2. and
1490	1490	(a)(2)a.3. of this section upon service retirement at age 65
1491	1491	had the member continued in service to that age without change
1492	1492	in compensation.
1493	1493	b. The annual disability retirement pension payable to
1494	1494	a Tier I plan member not employed as a state policeman
1495	1495	retiring on or after October 1, 1975, shall not be less than
1496	1496	an amount which when added to his or her annuity is equal to
1497	1497	the greatest of the following two amounts:
1498	1498	1. Two and one-eightieth percent of the member's
1499	1499	average final compensation multiplied by the number of years
1500	1500	of creditable service.
1501	1501	2. If he or she became a member before October 1, 1965,
1502	1502	fifty-four dollars ($54) multiplied by the number of years of
1503	1503	his or her creditable service not in excess of 25 years.
1504	1504	c. The annual disability retirement pension payable to
1505	1505	a Tier I plan member employed as a state policeman retiring on
1506	1506	or after October 1, 1975, shall not be less than an amount
1507	1507	which when added to his or her annuity is equal to the greater
1508	1508	of the following two amounts:
1509	1509	1. Two and seven-eighths percent of the member's
1510	1510	average final compensation multiplied by the number of years
1511	1511	of his or her creditable service. Creditable service for any
1512	1512	state policeman under the age of 56 years who has completed 20
1513	1513	years of creditable service as a state policeman shall include
1514	1514	a bonus equal to four additional years. Creditable service for
1515	1515	a state policeman 56 years or older shall include a bonus
1516	1516	equal to the years or portion thereof remaining until the
1517	1517	729
1518	1518	730
1519	1519	731
1520	1520	732
1521	1521	733
1522	1522	734
1523	1523	735
1524	1524	736
1525	1525	737
1526	1526	738
1527	1527	739
1528	1528	740
1529	1529	741
1530	1530	742
1531	1531	743
1532	1532	744
1533	1533	745
1534	1534	746
1535	1535	747
1536	1536	748
1537	1537	749
1538	1538	750
1539	1539	751
1540	1540	752
1541	1541	753
1542	1542	754
1543	1543	755
1544	1544	756 HB308 INTRODUCEDHB308 INTRODUCED
1545	1545	Page 28
1546	1546	member reaches age 60; or
1547	1547	2. If he or she became a member before October 1, 1965,
1548	1548	sixty-four dollars eighty cents ($64.80) multiplied by the
1549	1549	number of years of his or her creditable service not in excess
1550	1550	of 25 years.
1551	1551	d. The annual disability retirement allowance payable
1552	1552	to a Tier II plan member not employed as a state policeman
1553	1553	shall be equal to one and sixty-five hundredths percent
1554	1554	(1.65%) of the member's average final compensation multiplied
1555	1555	by the number of years of creditable service.
1556	1556	e. The annual disability retirement allowance payable
1557	1557	to a Tier II plan member employed as a state policeman shall
1558	1558	be equal to two and three-eighths percent (2.375%) of the
1559	1559	member's average final compensation multiplied by the number
1560	1560	of years of creditable service.
1561	1561	f. Anything in this chapter to the contrary
1562	1562	notwithstanding in the application of the provisions of this
1563	1563	subdivision to a member whose creditable service includes a
1564	1564	period of service as a state policeman and a period of service
1565	1565	in another employment classification the benefit rates
1566	1566	applicable to a member employed as a state policeman shall
1567	1567	apply to all creditable service as a state policeman, and the
1568	1568	benefit rates applicable to a member not employed as a state
1569	1569	policeman shall apply to all other creditable service, but in
1570	1570	all other respects the pension under this subdivision shall be
1571	1571	determined on the basis of the member's employment
1572	1572	classification at the time of his or her withdrawal from
1573	1573	service.
1574	1574	757
1575	1575	758
1576	1576	759
1577	1577	760
1578	1578	761
1579	1579	762
1580	1580	763
1581	1581	764
1582	1582	765
1583	1583	766
1584	1584	767
1585	1585	768
1586	1586	769
1587	1587	770
1588	1588	771
1589	1589	772
1590	1590	773
1591	1591	774
1592	1592	775
1593	1593	776
1594	1594	777
1595	1595	778
1596	1596	779
1597	1597	780
1598	1598	781
1599	1599	782
1600	1600	783
1601	1601	784 HB308 INTRODUCEDHB308 INTRODUCED
1602	1602	Page 29
1603	1603	(3) REEXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT
1604	1604	OF DISABILITY. Once each year during the first five years
1605	1605	following the retirement of a member on a disability
1606	1606	retirement allowance and once every three-year period
1607	1607	thereafter, the Board of Control may, and upon his or her
1608	1608	application shall, require any disability beneficiary who has
1609	1609	not yet attained age 60 if the beneficiary is a Tier I plan
1610	1610	member or age 62 if the beneficiary is a Tier II plan member
1611	1611	to undergo a medical examination, the examination to be made
1612	1612	at the place of residence of the beneficiary or other place
1613	1613	mutually agreed upon by a physician or physicians of or
1614	1614	designated by the medical board. Should any disability
1615	1615	beneficiary who has not yet attained age 60 if the beneficiary
1616	1616	is a Tier I plan member or age 62 if the beneficiary is a Tier
1617	1617	II plan member refuse to submit to the medical examination,
1618	1618	his or her allowance may be discontinued until his or her
1619	1619	withdrawal of the refusal, and, should his or her refusal
1620	1620	continue for one year, all his or her rights in and to his or
1621	1621	her pension may be revoked by the Board of Control; provided,
1622	1622	that these requirements relative to the medical examination
1623	1623	shall not apply in the case of a state policeman retired for
1624	1624	disability and who has attained age 52 if he or she is a Tier
1625	1625	I plan member or in the case of a state policeman or a
1626	1626	correctional officer, firefighter, or law enforcement officer
1627	1627	as defined in Section 36-27-59 with at least 10 years of
1628	1628	creditable service as a correctional officer, firefighter, or
1629	1629	law enforcement officer retired for disability who has
1630	1630	attained age 56 if he or she is a Tier II plan member. Should
1631	1631	785
1632	1632	786
1633	1633	787
1634	1634	788
1635	1635	789
1636	1636	790
1637	1637	791
1638	1638	792
1639	1639	793
1640	1640	794
1641	1641	795
1642	1642	796
1643	1643	797
1644	1644	798
1645	1645	799
1646	1646	800
1647	1647	801
1648	1648	802
1649	1649	803
1650	1650	804
1651	1651	805
1652	1652	806
1653	1653	807
1654	1654	808
1655	1655	809
1656	1656	810
1657	1657	811
1658	1658	812 HB308 INTRODUCEDHB308 INTRODUCED
1659	1659	Page 30
1660	1660	the medical board report and certify to the Board of Control
1661	1661	that a disability beneficiary who is a Tier I plan member is
1662	1662	engaged in or is able to engage in a gainful occupation paying
1663	1663	more than the difference between his or her retirement
1664	1664	allowance and his or her average final compensation and should
1665	1665	the Board of Control concur in the report, then the amount of
1666	1666	his or her pension shall be reduced to an amount which,
1667	1667	together with his or her annuity and the amount earnable by
1668	1668	him or her, shall equal the amount of his or her average final
1669	1669	compensation. Should his or her earning capacity be later
1670	1670	changed, the amount of his or her pension may be further
1671	1671	modified; provided, that the new pension shall not exceed the
1672	1672	amount of the pension originally granted nor an amount which,
1673	1673	when added to the amount earnable by the beneficiary, together
1674	1674	with this annuity exceeds the amount of his or her average
1675	1675	final compensation.
1676	1676	Should the medical board report and certify to the
1677	1677	Board of Control that a disability beneficiary who is a Tier
1678	1678	II plan member has the capacity to engage in regular and
1679	1679	substantial gainful employment, the Board of Control shall
1680	1680	discontinue the beneficiary's retirement allowance until the
1681	1681	beneficiary is otherwise eligible for service retirement.
1682	1682	(c) Disposition of contributions and allowances upon
1683	1683	death, etc., of member.
1684	1684	(1) Should a member cease to be an employee except by
1685	1685	death or by retirement under the provisions of this article,
1686	1686	the contributions standing to the credit of his or her
1687	1687	individual account in the Annuity Savings Fund shall be paid
1688	1688	813
1689	1689	814
1690	1690	815
1691	1691	816
1692	1692	817
1693	1693	818
1694	1694	819
1695	1695	820
1696	1696	821
1697	1697	822
1698	1698	823
1699	1699	824
1700	1700	825
1701	1701	826
1702	1702	827
1703	1703	828
1704	1704	829
1705	1705	830
1706	1706	831
1707	1707	832
1708	1708	833
1709	1709	834
1710	1710	835
1711	1711	836
1712	1712	837
1713	1713	838
1714	1714	839
1715	1715	840 HB308 INTRODUCEDHB308 INTRODUCED
1716	1716	Page 31
1717	1717	to him or her upon demand and, in addition to the payment,
1718	1718	there shall be paid five-tenths of the interest accumulations
1719	1719	standing to the credit of his or her individual account if he
1720	1720	or she shall have not less than three but less than 16 years
1721	1721	of membership service, six-tenths of the interest
1722	1722	accumulations if he or she shall have not less than 16 but
1723	1723	less than 21 years of membership service, seven-tenths of the
1724	1724	interest accumulations if he or she shall have not less than
1725	1725	21 but less than 26 years of membership service and
1726	1726	eight-tenths of the interest accumulations if he or she shall
1727	1727	have not less than 26 years of membership service.
1728	1728	(2) In case of the death of a member eligible for
1729	1729	service retirement pursuant to subsection (a), an allowance
1730	1730	shall be paid to the surviving spouse, if designated as the
1731	1731	sole beneficiary, in an amount that would have been payable if
1732	1732	the member had retired immediately prior to his or her death
1733	1733	and had elected Option 2, as set forth in subsection (d), or
1734	1734	to such other person who the member shall have designated, in
1735	1735	an amount that would have been payable if the member had
1736	1736	retired immediately prior to his or her death and had elected
1737	1737	Option 3, as set forth in subsection (d). Alternatively, if
1738	1738	the surviving spouse or other designee desires, he or she may
1739	1739	choose to receive, in lieu of the allowance provided under
1740	1740	Option 2 or Option 3, the accumulated contributions of the
1741	1741	member plus an amount equal to the accumulated contributions
1742	1742	of the member not to exceed five thousand dollars ($5,000) or
1743	1743	the accumulated contributions of the member plus the benefit
1744	1744	provided by Section 36-27B-3 if a benefit is payable under
1745	1745	841
1746	1746	842
1747	1747	843
1748	1748	844
1749	1749	845
1750	1750	846
1751	1751	847
1752	1752	848
1753	1753	849
1754	1754	850
1755	1755	851
1756	1756	852
1757	1757	853
1758	1758	854
1759	1759	855
1760	1760	856
1761	1761	857
1762	1762	858
1763	1763	859
1764	1764	860
1765	1765	861
1766	1766	862
1767	1767	863
1768	1768	864
1769	1769	865
1770	1770	866
1771	1771	867
1772	1772	868 HB308 INTRODUCEDHB308 INTRODUCED
1773	1773	Page 32
1774	1774	that section;
1775	1775	(3) In case of the death of a Tier I plan member not
1776	1776	eligible for service retirement, after completion of 25 years
1777	1777	of creditable service, an allowance shall be paid to the
1778	1778	surviving spouse, if designated as the sole beneficiary, in an
1779	1779	amount that would have been payable if the member had retired
1780	1780	immediately prior to his or her death and had elected Option
1781	1781	2, as set forth in subsection (d), or to such other person who
1782	1782	the member shall have designated, in an amount that would have
1783	1783	been payable if the member had retired for disability
1784	1784	immediately prior to his or her death and had elected Option 3
1785	1785	as set forth in subsection (d). Alternatively, if the
1786	1786	surviving spouse or other designee desires, he or she may
1787	1787	choose to receive, in lieu of the allowance provided under
1788	1788	Option 2 or Option 3, the accumulated contributions of the
1789	1789	member plus an amount equal to the accumulated contributions
1790	1790	of the member not to exceed five thousand dollars ($5,000) or
1791	1791	the accumulated contributions of the member plus the benefit
1792	1792	provided by Section 36-27B-3 if a benefit is payable under
1793	1793	that section. For purposes of this subsection only, hazardous
1794	1794	duty time, as set forth in subdivision (b)(1) of Section
1795	1795	36-27-59, may be used in calculating the requisite years of
1796	1796	service for firefighters, law enforcement officers, and
1797	1797	correctional officers even if the member has not otherwise
1798	1798	attained 25 years of creditable service;
1799	1799	(4) Upon the death of a member on account of whom no
1800	1800	survivor allowance is payable under subdivisions (2) or (3) of
1801	1801	this subsection, the accumulated contributions of the member
1802	1802	869
1803	1803	870
1804	1804	871
1805	1805	872
1806	1806	873
1807	1807	874
1808	1808	875
1809	1809	876
1810	1810	877
1811	1811	878
1812	1812	879
1813	1813	880
1814	1814	881
1815	1815	882
1816	1816	883
1817	1817	884
1818	1818	885
1819	1819	886
1820	1820	887
1821	1821	888
1822	1822	889
1823	1823	890
1824	1824	891
1825	1825	892
1826	1826	893
1827	1827	894
1828	1828	895
1829	1829	896 HB308 INTRODUCEDHB308 INTRODUCED
1830	1830	Page 33
1831	1831	plus an amount equal to the accumulated contributions not to
1832	1832	exceed five thousand dollars ($5,000) or the accumulated
1833	1833	contributions of the member plus the benefit provided by
1834	1834	Section 36-27B-3 if a benefit is payable under that section
1835	1835	shall be paid to his or her estate or to such person as he or
1836	1836	she shall have nominated by written designation duly executed
1837	1837	and filed with the Board of Control.
1838	1838	(d) Optional allowances. With the provision that the
1839	1839	election of an option shall be effective on the effective date
1840	1840	of retirement, any member may elect prior to retirement to
1841	1841	receive, in lieu of his or her retirement allowance payable
1842	1842	throughout life, the actuarial equivalent, at that time, of
1843	1843	his or her retirement allowance in a reduced retirement
1844	1844	allowance payable throughout life with the provisions that:
1845	1845	(1) OPTION 1. If he or she dies before he or she has
1846	1846	received in annuity payments the present value of his or her
1847	1847	annuity as it was at the time of his or her retirement, the
1848	1848	balance shall be paid to his or her legal representatives or
1849	1849	to the person as he or she shall nominate by written
1850	1850	designation duly acknowledged and filed with the Board of
1851	1851	Control;
1852	1852	(2) OPTION 2. Upon his or her death, his or her reduced
1853	1853	retirement allowance shall be continued throughout the life of
1854	1854	and paid to the person as he or she shall nominate by written
1855	1855	designation duly acknowledged and filed with the Board of
1856	1856	Control at the time of his or her retirement;
1857	1857	(3) OPTION 3. Upon his or her death, one half of his or
1858	1858	her reduced allowance shall be continued throughout the life
1859	1859	897
1860	1860	898
1861	1861	899
1862	1862	900
1863	1863	901
1864	1864	902
1865	1865	903
1866	1866	904
1867	1867	905
1868	1868	906
1869	1869	907
1870	1870	908
1871	1871	909
1872	1872	910
1873	1873	911
1874	1874	912
1875	1875	913
1876	1876	914
1877	1877	915
1878	1878	916
1879	1879	917
1880	1880	918
1881	1881	919
1882	1882	920
1883	1883	921
1884	1884	922
1885	1885	923
1886	1886	924 HB308 INTRODUCEDHB308 INTRODUCED
1887	1887	Page 34
1888	1888	of and paid to the person as he or she shall nominate by
1889	1889	written designation duly acknowledged and filed with the Board
1890	1890	of Control at the time of his or her retirement; or
1891	1891	(4) OPTION 4. Some other benefit or benefits shall be
1892	1892	paid either to the member or to the person or persons as he or
1893	1893	she shall nominate; provided, that those other benefits,
1894	1894	together with the reduced retirement allowance, shall be
1895	1895	certified by the actuary to be of equivalent actuarial value
1896	1896	to his or her retirement allowance and shall be approved by
1897	1897	the Board of Control.
1898	1898	(5) OPTION 5. At the time of retirement, he or she
1899	1899	shall receive a partial lump sum distribution as a single
1900	1900	payment not to exceed the sum of 24 months of the maximum
1901	1901	monthly retirement allowance the member could receive. This
1902	1902	option may be elected in addition to the election of another
1903	1903	option under this subsection and the further reduced monthly
1904	1904	retirement allowance shall be calculated in accordance with
1905	1905	the selected option. This option shall not be available to a
1906	1906	member who is receiving a disability retirement.
1907	1907	(e) Effect of return to active service. Should any
1908	1908	beneficiary be restored to active service, his or her
1909	1909	retirement allowance shall be suspended until he or she again
1910	1910	withdraws from service and he or she shall not again become a
1911	1911	member of the retirement system nor shall he or she make
1912	1912	contributions; except, that should the beneficiary who has
1913	1913	been restored to active service continue in service for a
1914	1914	period of two or more years from the date of his or her
1915	1915	reentry into active service, he or she may request the Board
1916	1916	925
1917	1917	926
1918	1918	927
1919	1919	928
1920	1920	929
1921	1921	930
1922	1922	931
1923	1923	932
1924	1924	933
1925	1925	934
1926	1926	935
1927	1927	936
1928	1928	937
1929	1929	938
1930	1930	939
1931	1931	940
1932	1932	941
1933	1933	942
1934	1934	943
1935	1935	944
1936	1936	945
1937	1937	946
1938	1938	947
1939	1939	948
1940	1940	949
1941	1941	950
1942	1942	951
1943	1943	952 HB308 INTRODUCEDHB308 INTRODUCED
1944	1944	Page 35
1945	1945	of Control to allow him or her to again become a member of the
1946	1946	retirement system. The Board of Control may grant the request
1947	1947	for restoration to membership; provided, that the beneficiary
1948	1948	whose retirement allowance has been suspended shall repay to
1949	1949	the system all monies received by him or her as benefits
1950	1950	during any periods subsequent to the date of his or her
1951	1951	reentry into active service and shall make a contribution
1952	1952	equal to the amount he or she would have contributed had he or
1953	1953	she been a member during the period of his or her restoration
1954	1954	to active service on a suspended allowance basis together with
1955	1955	the interest that would have been credited to the
1956	1956	contributions on account of the period of restoration up to
1957	1957	the date the contribution is made.
1958	1958	(f)(e)(1) REDETERMINATION, ETC., OF CERTAIN ALLOWANCES.
1959	1959	All retirement allowance payments due on or after October 1,
1960	1960	1975, to members who retired prior to that date shall be
1961	1961	redetermined as if the provisions of this section in effect on
1962	1962	October 1, 1975, were in effect at the time the member
1963	1963	retired. Anything in this article to the contrary
1964	1964	notwithstanding, the annual retirement allowance of any member
1965	1965	not employed as a state policeman who retired on or before
1966	1966	January 1, 1956, shall not be less than seventy-nine dollars
1967	1967	twenty cents ($79.20) multiplied by the number of years of his
1968	1968	or her creditable service not in excess of 30 years in the
1969	1969	case of service retirement of fifty-nine dollars forty cents
1970	1970	($59.40) multiplied by the number of years of his or her
1971	1971	creditable service not in excess of 30 years in the case of
1972	1972	disability retirement. Any increase provided in the retirement
1973	1973	953
1974	1974	954
1975	1975	955
1976	1976	956
1977	1977	957
1978	1978	958
1979	1979	959
1980	1980	960
1981	1981	961
1982	1982	962
1983	1983	963
1984	1984	964
1985	1985	965
1986	1986	966
1987	1987	967
1988	1988	968
1989	1989	969
1990	1990	970
1991	1991	971
1992	1992	972
1993	1993	973
1994	1994	974
1995	1995	975
1996	1996	976
1997	1997	977
1998	1998	978
1999	1999	979
2000	2000	980 HB308 INTRODUCEDHB308 INTRODUCED
2001	2001	Page 36
2002	2002	allowance payment under this subdivision for a member who
2003	2003	retired under the provisions of any optional benefit elected
2004	2004	pursuant to subsection (d) shall accrue only to the retired
2005	2005	member, and no person designated to receive any payments after
2006	2006	the death of a retired member under the provisions of any
2007	2007	optional benefit shall receive any increase in payments under
2008	2008	this subdivision. Notwithstanding, any member who retired
2009	2009	prior to October 1, 1975, and who chose either Option 2 or
2010	2010	Option 3 may elect to receive a reduced allowance and to
2011	2011	stipulate that the actuarial equivalent of the increase in his
2012	2012	or her retirement allowance, which became effective on that
2013	2013	date, be ascribed to his or her designated beneficiary;
2014	2014	provided, that the member shall clearly express this intention
2015	2015	by filing a written application to the effect with the
2016	2016	Secretary-Treasurer of the Employees' Retirement System of
2017	2017	Alabama prior to October 1, 1976.
2018	2018	(2) Any person who, prior to October 1, 1963, was in
2019	2019	receipt of a benefit pursuant to Act No. 376, approved
2020	2020	November 6, 1959, but was not a member of the system at the
2021	2021	time of retirement shall not be entitled to receive an annual
2022	2022	retirement allowance from the system, effective October 1,
2023	2023	1971, as follows:
2024	2024	a. If the person was retired on or before January 1,
2025	2025	1956, an amount equal to seventy-nine dollars twenty cents
2026	2026	($79.20) multiplied by the number of years of his or her
2027	2027	creditable service not in excess of 30 years.
2028	2028	b. If the person was retired after January 1, 1956, an
2029	2029	amount equal to seventy-two dollars ($72) multiplied by the
2030	2030	981
2031	2031	982
2032	2032	983
2033	2033	984
2034	2034	985
2035	2035	986
2036	2036	987
2037	2037	988
2038	2038	989
2039	2039	990
2040	2040	991
2041	2041	992
2042	2042	993
2043	2043	994
2044	2044	995
2045	2045	996
2046	2046	997
2047	2047	998
2048	2048	999
2049	2049	1000
2050	2050	1001
2051	2051	1002
2052	2052	1003
2053	2053	1004
2054	2054	1005
2055	2055	1006
2056	2056	1007
2057	2057	1008 HB308 INTRODUCEDHB308 INTRODUCED
2058	2058	Page 37
2059	2059	number of years of his or her creditable service not in excess
2060	2060	of 25 years.
2061	2061	(3) Prior to October 31, 1975, any beneficiary may
2062	2062	elect to leave on deposit with the system all or a specified
2063	2063	part of any increase in his or her monthly retirement
2064	2064	allowance payments arising in accordance with subdivisions (1)
2065	2065	or (2) of this subsection over the monthly allowance which he
2066	2066	or she was receiving prior to October 1, 1975. The portion of
2067	2067	each monthly payment left in the system in accordance with the
2068	2068	election shall be credited, together with regular interest
2069	2069	thereon, to the individual account of the beneficiary. Upon
2070	2070	the death of the beneficiary the total amount standing to his
2071	2071	or her credit, including regular interest to the date of
2072	2072	death, shall be paid in a lump sum to his or her legal
2073	2073	representatives or to such person as he or she shall have
2074	2074	nominated by written designation duly acknowledged and filed
2075	2075	with the Board of Control.
2076	2076	(g)(f) Notwithstanding any other provisions of this
2077	2077	section to the contrary, when a designated beneficiary for a
2078	2078	member predeceases the member who is receiving a monthly
2079	2079	benefit allowance provided under Option 2, 3, or 4, the member
2080	2080	may designate a replacement beneficiary for the deceased
2081	2081	beneficiary to become effective two years after the date of
2082	2082	designation of the replacement beneficiary and an actuarial
2083	2083	adjustment in the monthly benefit allowance of the member to
2084	2084	cover any cost associated with designating a replacement
2085	2085	beneficiary shall be reflected thereafter in the monthly
2086	2086	benefit allowance received by the member, commencing with the
2087	2087	1009
2088	2088	1010
2089	2089	1011
2090	2090	1012
2091	2091	1013
2092	2092	1014
2093	2093	1015
2094	2094	1016
2095	2095	1017
2096	2096	1018
2097	2097	1019
2098	2098	1020
2099	2099	1021
2100	2100	1022
2101	2101	1023
2102	2102	1024
2103	2103	1025
2104	2104	1026
2105	2105	1027
2106	2106	1028
2107	2107	1029
2108	2108	1030
2109	2109	1031
2110	2110	1032
2111	2111	1033
2112	2112	1034
2113	2113	1035
2114	2114	1036 HB308 INTRODUCEDHB308 INTRODUCED
2115	2115	Page 38
2116	2116	first benefit allowance check received by the member following
2117	2117	the date of designation of the replacement beneficiary.
2118	2118	(h)(g) Notwithstanding any provision of this section to
2119	2119	the contrary, if a retired member who is receiving a monthly
2120	2120	benefit allowance provided under Option 2, 3, or 4 divorces
2121	2121	his or her designated beneficiary, the member may designate a
2122	2122	replacement beneficiary for the beneficiary to become
2123	2123	effective two years after the date of designation of the
2124	2124	replacement beneficiary and an actuarial adjustment in the
2125	2125	monthly benefit allowance of the member to cover any cost
2126	2126	associated with designating a replacement beneficiary shall be
2127	2127	reflected thereafter in the monthly benefit allowance received
2128	2128	by the member, commencing with the first benefit allowance
2129	2129	check received by the member following the date of designation
2130	2130	of the replacement beneficiary.
2131	2131	(i)(h) Any future act to increase the retirement age
2132	2132	for Tier II plan members above the age of 62 shall require a
2133	2133	two-thirds vote of the elected membership of each house of the
2134	2134	Legislature."
2135	2135	Section 2. (a) If any person retired under the
2136	2136	Teachers' Retirement System performs duties in any capacity
2137	2137	for compensation for an employer participating in the
2138	2138	Teachers' Retirement System, Employees' Retirement System, or
2139	2139	Judicial Retirement Fund, his or her retirement allowance
2140	2140	shall be suspended until termination of employment or
2141	2141	contract, unless he or she has drawn his or her retirement
2142	2142	benefit for 12 consecutive months, has not performed services
2143	2143	for compensation with any employer participating in the
2144	2144	1037
2145	2145	1038
2146	2146	1039
2147	2147	1040
2148	2148	1041
2149	2149	1042
2150	2150	1043
2151	2151	1044
2152	2152	1045
2153	2153	1046
2154	2154	1047
2155	2155	1048
2156	2156	1049
2157	2157	1050
2158	2158	1051
2159	2159	1052
2160	2160	1053
2161	2161	1054
2162	2162	1055
2163	2163	1056
2164	2164	1057
2165	2165	1058
2166	2166	1059
2167	2167	1060
2168	2168	1061
2169	2169	1062
2170	2170	1063
2171	2171	1064 HB308 INTRODUCEDHB308 INTRODUCED
2172	2172	Page 39
2173	2173	Teachers' Retirement System, Employees' Retirement System, or
2174	2174	Judicial Retirement Fund during that period, and the person's
2175	2175	compensation from the employer is limited to 75 percent of the
2176	2176	person's annual retirement benefit for each calendar year. The
2177	2177	person may not contribute to the retirement system and may not
2178	2178	earn any additional service credit during the period of
2179	2179	employment or contract.
2180	2180	(b) Any person retired under the Teachers' Retirement
2181	2181	System who is serving as an elected official may serve for
2182	2182	compensation without suspension of benefits so long as the
2183	2183	position is otherwise prohibited from participating in the
2184	2184	Teachers' Retirement System, Employees' Retirement System, or
2185	2185	Judicial Retirement Fund.
2186	2186	(c) An employer shall pay employer contributions, as
2187	2187	provided by Section 16-25-21, Code of Alabama 1975, on all
2188	2188	earnable compensation of an employee who is retired under the
2189	2189	Teachers' Retirement System, Employees' Retirement System, or
2190	2190	Judicial Retirement Fund, regardless of membership status.
2191	2191	(d) Any person retired under the Teachers' Retirement
2192	2192	System, Employees' Retirement System, or Judicial Retirement
2193	2193	Fund who is employed with an employer may become a member by
2194	2194	suspending his or her retirement allowance and contributing to
2195	2195	the retirement system as provided by Section 16-25-21, Code of
2196	2196	Alabama 1975.
2197	2197	(e) Any person retired under the Teachers' Retirement
2198	2198	System as of the effective date of this act shall be presumed
2199	2199	to have drawn his or her retirement benefit for 12 consecutive
2200	2200	months without performing services for compensation for any
2201	2201	1065
2202	2202	1066
2203	2203	1067
2204	2204	1068
2205	2205	1069
2206	2206	1070
2207	2207	1071
2208	2208	1072
2209	2209	1073
2210	2210	1074
2211	2211	1075
2212	2212	1076
2213	2213	1077
2214	2214	1078
2215	2215	1079
2216	2216	1080
2217	2217	1081
2218	2218	1082
2219	2219	1083
2220	2220	1084
2221	2221	1085
2222	2222	1086
2223	2223	1087
2224	2224	1088
2225	2225	1089
2226	2226	1090
2227	2227	1091
2228	2228	1092 HB308 INTRODUCEDHB308 INTRODUCED
2229	2229	Page 40
2230	2230	employer participating in the Teachers' Retirement System,
2231	2231	Employees' Retirement System, or Judicial Retirement Fund
2232	2232	during that period.
2233	2233	(f) This section shall not apply to any person who
2234	2234	retired under the Teachers' Retirement System before the
2235	2235	effective date of this act and is drawing his or her
2236	2236	retirement benefit and participating in the Judicial
2237	2237	Retirement Fund under Chapter 18, Title 12, Code of Alabama
2238	2238	1975.
2239	2239	Section 3. (a) If any person retired under the
2240	2240	Employees' Retirement System performs duties in any capacity
2241	2241	for compensation for an employer participating in the
2242	2242	Teachers' Retirement System, Employees' Retirement System, or
2243	2243	Judicial Retirement Fund, his or her retirement allowance
2244	2244	shall be suspended until termination of employment or
2245	2245	contract, unless he or she has drawn his or her retirement
2246	2246	benefit for 12 consecutive months, has not performed services
2247	2247	for compensation with any employer participating in the
2248	2248	Teachers' Retirement System, Employees' Retirement System, or
2249	2249	Judicial Retirement Fund during that period, and the person's
2250	2250	compensation from the employer is limited to 75 percent of the
2251	2251	person's annual retirement benefit for each calendar year. The
2252	2252	person may not contribute to the retirement system and may not
2253	2253	earn any additional service credit during the period of
2254	2254	employment or contract.
2255	2255	(b) Any person retired under the Employees' Retirement
2256	2256	System who is serving as an elected official may serve for
2257	2257	compensation without suspension of benefits so long as the
2258	2258	1093
2259	2259	1094
2260	2260	1095
2261	2261	1096
2262	2262	1097
2263	2263	1098
2264	2264	1099
2265	2265	1100
2266	2266	1101
2267	2267	1102
2268	2268	1103
2269	2269	1104
2270	2270	1105
2271	2271	1106
2272	2272	1107
2273	2273	1108
2274	2274	1109
2275	2275	1110
2276	2276	1111
2277	2277	1112
2278	2278	1113
2279	2279	1114
2280	2280	1115
2281	2281	1116
2282	2282	1117
2283	2283	1118
2284	2284	1119
2285	2285	1120 HB308 INTRODUCEDHB308 INTRODUCED
2286	2286	Page 41
2287	2287	position is otherwise prohibited from participating in the
2288	2288	Teachers' Retirement System, Employees' Retirement System, or
2289	2289	Judicial Retirement Fund.
2290	2290	(c) An employer shall pay employer contributions, as
2291	2291	provided by Section 36-27-24, Code of Alabama 1975, on all
2292	2292	earnable compensation of an employee who is retired under the
2293	2293	Teachers' Retirement System, Employees' Retirement System, or
2294	2294	Judicial Retirement Fund, regardless of membership status.
2295	2295	(d) Any person retired under the Teachers' Retirement
2296	2296	System, Employees' Retirement System, or Judicial Retirement
2297	2297	Fund who is employed with an employer may become a member by
2298	2298	suspending his or her retirement allowance and contributing to
2299	2299	the retirement system as provided by Section 36-27-24, Code of
2300	2300	Alabama 1975.
2301	2301	(e) Any person retired under the Employees' Retirement
2302	2302	System as of the effective date of this act shall be presumed
2303	2303	to have drawn his or her retirement benefit for 12 consecutive
2304	2304	months without performing services for compensation for any
2305	2305	employer participating in the Teachers' Retirement System,
2306	2306	Employees' Retirement System, or Judicial Retirement Fund
2307	2307	during that period.
2308	2308	(f) This section shall not apply to any person who
2309	2309	retired under the Employees' Retirement System before the
2310	2310	effective date of this act, is drawing his or her retirement
2311	2311	benefit, and is participating in the Judicial Retirement Fund
2312	2312	under Chapter 18, Title 12, Code of Alabama 1975.
2313	2313	Section 4. (a) If any person retired under the Judges'
2314	2314	and Clerks' Plan of the Judicial Retirement Fund performs
2315	2315	1121
2316	2316	1122
2317	2317	1123
2318	2318	1124
2319	2319	1125
2320	2320	1126
2321	2321	1127
2322	2322	1128
2323	2323	1129
2324	2324	1130
2325	2325	1131
2326	2326	1132
2327	2327	1133
2328	2328	1134
2329	2329	1135
2330	2330	1136
2331	2331	1137
2332	2332	1138
2333	2333	1139
2334	2334	1140
2335	2335	1141
2336	2336	1142
2337	2337	1143
2338	2338	1144
2339	2339	1145
2340	2340	1146
2341	2341	1147
2342	2342	1148 HB308 INTRODUCEDHB308 INTRODUCED
2343	2343	Page 42
2344	2344	duties in any capacity for compensation for an employer
2345	2345	participating in the Teachers' Retirement System, Employees'
2346	2346	Retirement System, or Judicial Retirement Fund, his or her
2347	2347	retirement allowance shall be suspended until termination of
2348	2348	employment or contract, unless he or she has drawn his or her
2349	2349	retirement benefit for 12 consecutive months, has not
2350	2350	performed services for compensation with any employer
2351	2351	participating in the Teachers' Retirement System, Employees'
2352	2352	Retirement System, or Judicial Retirement Fund during that
2353	2353	period, and the person's compensation from the employer is
2354	2354	limited to 75 percent of the person's annual retirement
2355	2355	benefit for each calendar year. The person may not contribute
2356	2356	to the retirement system and may not earn any additional
2357	2357	service credit during the period of employment or contract.
2358	2358	(b) Any person retired under the Judges' and Clerks'
2359	2359	Plan who is serving as an elected official may serve for
2360	2360	compensation without suspension of benefits so long as the
2361	2361	position is otherwise prohibited from participating in the
2362	2362	Teachers' Retirement System, Employees' Retirement System, or
2363	2363	Judicial Retirement Fund.
2364	2364	(c) An employer shall pay employer contributions, as
2365	2365	provided by Section 12-18-152, Code of Alabama 1975, on all
2366	2366	earnable compensation of an employee who is retired under the
2367	2367	Teachers' Retirement System, Employees' Retirement System, or
2368	2368	Judicial Retirement Fund, regardless of membership status.
2369	2369	(d) Any person retired under the Teachers' Retirement
2370	2370	System, Employees' Retirement System, or Judicial Retirement
2371	2371	Fund who is employed as a judge or clerk with an employer may
2372	2372	1149
2373	2373	1150
2374	2374	1151
2375	2375	1152
2376	2376	1153
2377	2377	1154
2378	2378	1155
2379	2379	1156
2380	2380	1157
2381	2381	1158
2382	2382	1159
2383	2383	1160
2384	2384	1161
2385	2385	1162
2386	2386	1163
2387	2387	1164
2388	2388	1165
2389	2389	1166
2390	2390	1167
2391	2391	1168
2392	2392	1169
2393	2393	1170
2394	2394	1171
2395	2395	1172
2396	2396	1173
2397	2397	1174
2398	2398	1175
2399	2399	1176 HB308 INTRODUCEDHB308 INTRODUCED
2400	2400	Page 43
2401	2401	become a member by suspending his or her retirement allowance
2402	2402	and contributing to the retirement system as provided by
2403	2403	Section 12-18-152, Code of Alabama 1975.
2404	2404	(e) Any person retired under the Judges' and Clerks'
2405	2405	Plan as of the effective date of this act shall be presumed to
2406	2406	have drawn his or her retirement benefit for 12 consecutive
2407	2407	months without performing services for compensation for any
2408	2408	employer participating in the Teachers' Retirement System,
2409	2409	Employees' Retirement System, or Judicial Retirement Fund
2410	2410	during that period.
2411	2411	Section 5. (a) If any person retired under the District
2412	2412	Attorneys' Plan of the Judicial Retirement Fund performs
2413	2413	duties in any capacity for compensation for an employer
2414	2414	participating in the Teachers' Retirement System, Employees'
2415	2415	Retirement System, or Judicial Retirement Fund, his or her
2416	2416	retirement allowance shall be suspended until termination of
2417	2417	employment or contract, unless he or she has drawn his or her
2418	2418	retirement benefit for 12 consecutive months, has not
2419	2419	performed services for compensation with any employer
2420	2420	participating in the Teachers' Retirement System, Employees'
2421	2421	Retirement System, or Judicial Retirement Fund during that
2422	2422	period, and the person's compensation from the employer is
2423	2423	limited to 75 percent of the person's annual retirement
2424	2424	benefit for each calendar year. The person may not contribute
2425	2425	to the retirement system and may not earn any additional
2426	2426	service credit during the period of employment or contract.
2427	2427	(b) Any person retired under the District Attorneys'
2428	2428	Plan who is serving as an elected official may serve for
2429	2429	1177
2430	2430	1178
2431	2431	1179
2432	2432	1180
2433	2433	1181
2434	2434	1182
2435	2435	1183
2436	2436	1184
2437	2437	1185
2438	2438	1186
2439	2439	1187
2440	2440	1188
2441	2441	1189
2442	2442	1190
2443	2443	1191
2444	2444	1192
2445	2445	1193
2446	2446	1194
2447	2447	1195
2448	2448	1196
2449	2449	1197
2450	2450	1198
2451	2451	1199
2452	2452	1200
2453	2453	1201
2454	2454	1202
2455	2455	1203
2456	2456	1204 HB308 INTRODUCEDHB308 INTRODUCED
2457	2457	Page 44
2458	2458	compensation without suspension of benefits so long as the
2459	2459	position is otherwise prohibited from participating in the
2460	2460	Teachers' Retirement System, Employees' Retirement System, or
2461	2461	Judicial Retirement Fund.
2462	2462	(c) An employer shall pay employer contributions, as
2463	2463	provided by Section 12-17-227.2, Code of Alabama 1975, on all
2464	2464	earnable compensation of an employee who is retired under the
2465	2465	Teachers' Retirement System, Employees' Retirement System, or
2466	2466	Judicial Retirement Fund, regardless of membership status.
2467	2467	(d) Any person retired under the Teachers' Retirement
2468	2468	System, Employees' Retirement System, or Judicial Retirement
2469	2469	Fund who is employed with an employer may become a member by
2470	2470	suspending his or her retirement allowance and contributing to
2471	2471	the retirement system as provided by Section 12-17-227.2, Code
2472	2472	of Alabama 1975.
2473	2473	(e) Any person retired under the District Attorneys'
2474	2474	Plan as of the effective date of this act shall be presumed to
2475	2475	have drawn his or her retirement benefit for 12 consecutive
2476	2476	months without performing services for compensation for any
2477	2477	employer participating in the Teachers' Retirement System,
2478	2478	Employees' Retirement System, or Judicial Retirement Fund
2479	2479	during that period.
2480	2480	Section 6. Sections 16-25-26, 29-4-6, and 36-27-8.2 of
2481	2481	the Code of Alabama 1975, authorizing certain retired state
2482	2482	employees to return to work for the state, are repealed.
2483	2483	Section 7. This act shall become effective on the first
2484	2484	day of the third month following its passage and approval by
2485	2485	the Governor, or its otherwise becoming law.
2486	2486	1205
2487	2487	1206
2488	2488	1207
2489	2489	1208
2490	2490	1209
2491	2491	1210
2492	2492	1211
2493	2493	1212
2494	2494	1213
2495	2495	1214
2496	2496	1215
2497	2497	1216
2498	2498	1217
2499	2499	1218
2500	2500	1219
2501	2501	1220
2502	2502	1221
2503	2503	1222
2504	2504	1223
2505	2505	1224
2506	2506	1225
2507	2507	1226
2508	2508	1227
2509	2509	1228
2510	2510	1229
2511	2511	1230
2512	2512	1231
2513	2513	1232