Alabama 2024 Regular Session

Alabama Senate Bill SB32 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB32ENROLLED~~
	1	+	SB32INTRODUCED
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3	3		SB32
4		-	R6EWNYM-2
	4	+	R6EWNYM-1
5	5		By Senator Barfoot
6	6		RFD: Finance and Taxation Education
7	7		First Read: 06-Feb-24
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12		-	5 ~~SB32 Enrolled~~
	12	+	5 R6EWNYM-1 01/08/2024 CNB (L)bm 2024-89
13	13		Page 1
14	14		First Read: 06-Feb-24
15		-	Enrolled, An Act,
	15	+	SYNOPSIS:
	16	+	Under existing law, certain pension, annuity, or
	17	+	retirement allowance benefits under the Teachers'
	18	+	Retirement System and the Employees' Retirement System
	19	+	are subject to state or municipal tax, levy, sale,
	20	+	garnishment, attachment, or any other related process
	21	+	under certain circumstances.
	22	+	This bill would revise the circumstances in
	23	+	which an individual's pension, annuity, or retirement
	24	+	allowance benefits under the Teachers' Retirement
	25	+	System and the Employees' Retirement System are subject
	26	+	to certain recovery actions.
	27	+	A BILL
	28	+	TO BE ENTITLED
	29	+	AN ACT
16	30		Relating to retirement benefits; to amend Sections
17	31		16-25-23 and 36-27-28, Code of Alabama 1975, to revise the
18	32		circumstances in which an individual's pension, annuity, or
19	33		retirement allowance benefits under the Teachers' Retirement
20	34		System and the Employees' Retirement System are subject to
21	35		certain recovery actions.
22	36		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23		-	Section 1. Sections 16-25-23 and 36-27-28, Code of
24		-	Alabama 1975, are amended to read as follows:
25		-	"§16-25-23
26		-	(a) Except as provided in subsection (b), the right of
27		-	a personan individual to a pension; an annuity, or a
28		-	retirement allowance; to the return of contributions; the
29		-	pension, annuity , or retirement allowance itself; any optional
30		-	benefit or any other right accrued or accruing to any
31		-	personindividual under the provisions of this chapter; and the
32		-	monies in the various funds created by this chapter are hereby
33		-	exempt from any state or municipal tax and exempt from levy
34		-	and sale, garnishment, attachment , or any other process
35		-	whatsoever, and shall be unassignable except as in this
36		-	chapter specifically otherwise provided in this chapter .
37		-	(b)(1) Restitution, fines, court costs, fees, or any
38		-	other financial obligations in a criminal case ordered by a
39		-	circuit or district court judge in this state are not subject
40		-	to the exemption set out in subsection (a), provided allboth
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68		-	28 SB32 ~~Enrolled~~
	64	+	28 SB32 INTRODUCED
69	65		Page 2
	66	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	67	+	Section 1. Sections 16-25-23 and 36-27-28, Code of
	68	+	Alabama 1975, are amended to read as follows:
	69	+	"§16-25-23
	70	+	(a) Except as provided in subsection (b), the right of
	71	+	a personan individual to a pension; an annuity, or a
	72	+	retirement allowance; to the return of contributions; the
	73	+	pension, annuity , or retirement allowance itself; any optional
	74	+	benefit or any other right accrued or accruing to any
	75	+	personindividual under the provisions of this chapter; and the
	76	+	monies in the various funds created by this chapter are hereby
	77	+	exempt from any state or municipal tax and exempt from levy
	78	+	and sale, garnishment, attachment , or any other process
	79	+	whatsoever, and shall be unassignable except as in this
	80	+	chapter specifically otherwise provided in this chapter .
	81	+	(b)(1) Restitution, fines, court costs, fees, or any
	82	+	other financial obligations in a criminal case ordered by a
	83	+	circuit or district court judge in this state are not subject
70	84		to the exemption set out in subsection (a), provided allboth
71	85		of the following are satisfied:
72	86		a. The amount of the restitution ordered is in the
73	87		amount of one thousand dollars ($1,000) or greater.
74	88		b. The personindividual subject to the order is a
75	89		retiree or beneficiary who is currently receiving benefits
76	90		from the Teachers' Retirement System.
77	91		c. The case has been assigned to the district
78	92		attorney's restitution recovery division.
79	93		(2) If the requirements of subdivision (1) are met, and
80	94		upon a motion filed by the district attorney, the circuit or
81		-	district court judge may order that the Teachers' Retirement
82		-	System pay to the circuit clerk of the court no more than 25
83		-	percent of the retiree's or beneficiary's gross monthly
84		-	benefit less any deductions for child support or health
85		-	insurance for any dependents, to be applied to the balance of
86		-	the restitution, fines, court costs, fees, or other financial
87		-	obligations ordered in the criminal case.
88		-	(3) An order under subdivision (2) shall set out all of
89		-	the following:
90		-	a. The individual's name, date of birth, and Social
91		-	Security number.
92		-	b. The amount of restitution ordered is in the amount
93		-	of one thousand dollars ($1,000) or greater.
94		-	c. The amounts of restitution, fines, court costs,
95		-	fees, or any other financial obligations owed, detailed
96		-	individually.
97		-	d. The relevant case numbers.
98		-	e. The county in which the case was brought.
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126		-	56 SB32 ~~Enrolled~~
	122	+	56 SB32 INTRODUCED
127	123		Page 3
	124	+	upon a motion filed by the district attorney, the circuit or
	125	+	district court judge may order that the Teachers' Retirement
	126	+	System pay to the circuit clerk of the court no more than 25
	127	+	percent of the retiree's or beneficiary's gross monthly
	128	+	benefit less any deductions for child support or health
	129	+	insurance for any dependents, to be applied to the balance of
	130	+	the restitution, fines, court costs, fees, or other financial
	131	+	obligations ordered in the criminal case.
	132	+	(3) An order under subdivision (2) shall set out all of
	133	+	the following:
	134	+	a. The individual's name, date of birth, and Social
	135	+	Security number.
	136	+	b. The amount of restitution ordered is in the amount
	137	+	of one thousand dollars ($1,000) or greater.
	138	+	c. The amounts of restitution, fines, court costs,
	139	+	fees, or any other financial obligations owed, detailed
	140	+	individually.
	141	+	d. The relevant case numbers.
128	142		e. The county in which the case was brought.
129	143		f. The circuit clerk's name and mailing address.
130	144		g. That the restitution, fines, court costs, fees, or
131	145		other financial obligations are payable as a result of a
132	146		criminal disposition.
133	147		h. The amount or the percentage of funds to be paid.
134	148		(4) The district attorney shall notify the court
135	149		whenever the restitution, fines, court costs, fees, or other
136	150		financial obligations are paid in full. Thereafter, the court
137	151		shall issue an order to stop the diversion of the individual's
138	152		funds. Any payment received by the circuit clerk in an amount
139		-	over what was owed shall be paid back to the Teachers'
140		-	Retirement System within 60 days with the specific identifying
141		-	information as to the retiree or the beneficiary to whom it is
142		-	owed."
143		-	"§36-27-28
144		-	(a) Except as provided in subsection (b), the right of
145		-	a personan individual to a pension, an annuity, a retirement
146		-	allowance or to the return of contributions, the pension,
147		-	annuity, or retirement allowance itself and any optional
148		-	benefit or any other right accrued or accruing to any
149		-	personindividual under the provisions of this article and the
150		-	monies in the various funds created by this chapter are hereby
151		-	exempt from any state or municipal tax and exempt from levy
152		-	and sale, garnishment, attachment , or any other process
153		-	whatsoever and shall be unassignable except as in this article
154		-	specifically otherwise provided.
155		-	(b)(1) Restitution, fines, court costs, fees, or any
156		-	other financial obligations in a criminal case ordered by a
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184		-	84 SB32 ~~Enrolled~~
	180	+	84 SB32 INTRODUCED
185	181		Page 4
	182	+	funds. Any payment received by the circuit clerk in an amount
	183	+	over what was owed shall be paid back to the Teachers'
	184	+	Retirement System within 60 days with the specific identifying
	185	+	information as to the retiree or the beneficiary to whom it is
	186	+	owed."
	187	+	"§36-27-28
	188	+	(a) Except as provided in subsection (b), the right of
	189	+	a personan individual to a pension, an annuity, a retirement
	190	+	allowance or to the return of contributions, the pension,
	191	+	annuity, or retirement allowance itself and any optional
	192	+	benefit or any other right accrued or accruing to any
	193	+	personindividual under the provisions of this article and the
	194	+	monies in the various funds created by this chapter are hereby
	195	+	exempt from any state or municipal tax and exempt from levy
	196	+	and sale, garnishment, attachment , or any other process
	197	+	whatsoever and shall be unassignable except as in this article
	198	+	specifically otherwise provided.
	199	+	(b)(1) Restitution, fines, court costs, fees, or any
186	200		other financial obligations in a criminal case ordered by a
187	201		circuit or district court judge in this state are not subject
188	202		to the exemption set out in subsection (a), provided allboth
189	203		of the following are satisfied:
190	204		a. The amount of the restitution ordered is in the
191	205		amount of one thousand dollars ($1,000) or greater.
192	206		b. The personindividual subject to the order is a
193	207		retiree or beneficiary who is currently receiving benefits
194	208		from the Employees' Retirement System.
195	209		c. The case has been assigned to the district
196	210		attorney's restitution recovery division.
197		-	(2) If the requirements of subdivision (1) are met,
198		-	and upon a motion filed by the district attorney, the circuit
199		-	or district court judge may order that the Employees'
200		-	Retirement System pay to the circuit clerk of the court no
201		-	more than 25 percent of the retiree's or beneficiary's gross
202		-	monthly benefit less any deductions for child support or
203		-	health insurance for any dependents, to be applied to the
204		-	balance of the restitution, fines, court costs, fees, or other
205		-	financial obligations ordered in the criminal case.
206		-	(3) An order under subdivision (2) shall set out all
207		-	of the following:
208		-	a. The individual's name, date of birth, and Social
209		-	Security number.
210		-	b. The amount of restitution ordered is in the amount
211		-	of one thousand dollars ($1,000) or greater.
212		-	c. The amounts of restitution, fines, court costs,
213		-	fees, or any other financial obligations owed, detailed
214		-	individually.
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242		-	112 SB32 ~~Enrolled~~
	238	+	112 SB32 INTRODUCED
243	239		Page 5
	240	+	attorney's restitution recovery division.
	241	+	(2) If the requirements of subdivision (1) are met,
	242	+	and upon a motion filed by the district attorney, the circuit
	243	+	or district court judge may order that the Employees'
	244	+	Retirement System pay to the circuit clerk of the court no
	245	+	more than 25 percent of the retiree's or beneficiary's gross
	246	+	monthly benefit less any deductions for child support or
	247	+	health insurance for any dependents, to be applied to the
	248	+	balance of the restitution, fines, court costs, fees, or other
	249	+	financial obligations ordered in the criminal case.
	250	+	(3) An order under subdivision (2) shall set out all
	251	+	of the following:
	252	+	a. The individual's name, date of birth, and Social
	253	+	Security number.
	254	+	b. The amount of restitution ordered is in the amount
	255	+	of one thousand dollars ($1,000) or greater.
	256	+	c. The amounts of restitution, fines, court costs,
	257	+	fees, or any other financial obligations owed, detailed
244	258		individually.
245	259		d. The relevant case numbers.
246	260		e. The county in which the case was brought.
247	261		f. The circuit clerk's name and mailing address.
248	262		g. That the restitution, fines, court costs, fees, or
249	263		other financial obligations are payable as a result of a
250	264		criminal disposition.
251	265		h. The amount or the percentage of funds to be paid.
252	266		(4) The district attorney mustshall notify the court
253	267		whenever the restitution, fines, court costs, fees, or other
254	268		financial obligations are paid in full. Thereafter, the court
255		-	shall issue an order to stop the diversion of the individual's
256		-	funds. Any payment received by the circuit clerk in an amount
257		-	over what was owed shall be paid back to the Employees'
258		-	Retirement System within 60 days with the specific identifying
259		-	information as to the retiree or the beneficiary to whom it is
260		-	owed."
261		-	Section 2. This act shall become effective on October
262		-	1, 2024.
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282		-	1, 2024.
283		-	________________________________________________
284		-	President and Presiding Officer of the Senate
285		-	________________________________________________
286		-	Speaker of the House of Representatives
287		-	SB32
288		-	Senate 05-Mar-24
289		-	I hereby certify that the within Act originated in and passed
290		-	the Senate.
291		-	Patrick Harris,
292		-	Secretary.
293		-	House of Representatives
294		-	Passed: 08-May-24
295		-	By: Senator Barfoot
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	296	+	140 SB32 INTRODUCED
	297	+	Page 6
	298	+	financial obligations are paid in full. Thereafter, the court
	299	+	shall issue an order to stop the diversion of the individual's
	300	+	funds. Any payment received by the circuit clerk in an amount
	301	+	over what was owed shall be paid back to the Employees'
	302	+	Retirement System within 60 days with the specific identifying
	303	+	information as to the retiree or the beneficiary to whom it is
	304	+	owed."
	305	+	Section 2. This act shall become effective on October
	306	+	1, 2024.
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