Alabama 2025 Regular Session

Alabama House Bill HB542 Compare Versions

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

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1	1	HB542INTRODUCED
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3	3	HB542
4	4	ZQ4YIWK-1
5	5	By Representatives Shaver, Reynolds, Whitt
6	6	RFD: Ways and Means General Fund
7	7	First Read: 08-Apr-25
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12	12	5 ZQ4YIWK-1 04/08/2025 OW (L)cr 2025-304
13	13	Page 1
14	14	First Read: 08-Apr-25
15	15	SYNOPSIS:
16	16	Under existing law, only district attorneys are
17	17	included as members of the District Attorneys' Plan and
18	18	have certain retirement benefits available to them.
19	19	This bill would expand the definition of
20	20	"member" to include full-time prosecutors employed by a
21	21	district attorney's office and full-time attorneys
22	22	employed by the Office of Prosecution Services.
23	23	This bill would further provide for the
24	24	retirement allowances and benefits of district
25	25	attorneys, full-time prosecutors employed by a district
26	26	attorney's office, and full-time attorneys employed by
27	27	the Office of Prosecution Services.
28	28	Also under existing law, district attorneys are
29	29	not authorized to participate in both the supernumerary
30	30	district attorney program and the Employees' Retirement
31	31	System.
32	32	This bill would authorize district attorneys who
33	33	independently qualify for the supernumerary district
34	34	attorney program and the Employees' Retirement System
35	35	based on separate years of service to participate in
36	36	both programs.
37	37	This bill would also make nonsubstantive,
38	38	technical revisions to update the existing code
39	39	language to current style.
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69	69	language to current style.
70	70	A BILL
71	71	TO BE ENTITLED
72	72	AN ACT
73	73	Relating to retirement benefits; to amend Sections
74	74	12-17-213, 12-17-227, 12-17-227.2, 12-17-227.3, 12-17-227.4,
75	75	12-17-227.5, 12-17-227.6, and 12-17-227.11, Code of Alabama
76	76	1975, to expand the definition of member; to further provide
77	77	for the retirement allowances and benefits of certain members;
78	78	to authorize qualifying district attorneys to participate in
79	79	both the supernumerary district attorney program and the
80	80	Employees' Retirement System; and to make nonsubstantive,
81	81	technical revisions to update the existing code language to
82	82	current style.
83	83	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
84	84	Section 1. Sections 12-17-227, 12-17-227.2,
85	85	12-17-227.3, 12-17-227.4, 12-17-227.5, 12-17-227.6, and
86	86	12-17-227.11, Code of Alabama 1975, are amended to read as
87	87	follows:
88	88	"§12-17-227
89	89	When used in this division, the following terms shall
90	90	have the following meanings, respectively, unless the context
91	91	clearly indicates otherwise:
92	92	(1) ACCUMULATED CONTRIBUTIONS. The sum of all the
93	93	amounts deducted from the compensation of a member credited to
94	94	his or her individual account in the District Attorneys' Plan,
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124	124	his or her individual account in the District Attorneys' Plan,
125	125	together with regular interest thereon.
126	126	(2) ACTUARIAL EQUIVALENT. A benefit of equal value when
127	127	computed upon the basis of the mortality tables adopted by the
128	128	Board of Control and regular interest.
129	129	(3) ANNUITY. Payments for life derived from the
130	130	accumulated contributions of a member. All annuities shall be
131	131	payable in equal monthly installments.
132	132	(4) AVERAGE FINAL COMPENSATION. The average annual
133	133	compensation of a district attorney with respect to which he
134	134	or she had made contributions pursuant to Section 12-17-227.2
135	135	during the five years in his or her last 10 years of
136	136	membership service for which the average is highest or during
137	137	his or her entire period of membership service if less than
138	138	five years.
139	139	(5) BENEFICIARY. Any person in receipt of a pension, an
140	140	annuity, a retirement allowance , or other benefit as provided
141	141	by this division.
142	142	(6) BOARD OF CONTROL. The board provided for in Section
143	143	36-27-23 to administer the retirement system.
144	144	(7) DISTRICT ATTORNEY. Except as otherwise provided in
145	145	Section 12-17-227.11, any district attorney first elected or
146	146	appointed to his or her position on or after November 8, 2016.
147	147	(8) EMPLOYER. The State of Alabama or any department,
148	148	agency, or local governing body by which a district attorney
149	149	is paid.
150	150	(9) FUND. The Judicial Retirement Fund provided for in
151	151	Chapter 18 of this title.
152	152	(10) MEDICAL BOARD. The board of physicians provided
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182	182	(10) MEDICAL BOARD. The board of physicians provided
183	183	for in Section 36-27-23.
184	184	(11) MEMBER. Any district attorney included in
185	185	membership of the plan , and on or after October 1, 2025, also
186	186	any full-time prosecutor employed by an Alabama district
187	187	attorney's office, and any full-time attorney employed by the
188	188	Office of Prosecution Services .
189	189	(12) MEMBERSHIP SERVICE. Service as a district attorney
190	190	first elected or appointed on or after November 8, 2016, a
191	191	full-time prosecutor employed by an Alabama district
192	192	attorney's office on or after October 1, 2025, or a full-time
193	193	attorney employed by the Office of Prosecution Services on or
194	194	after October 1, 2025, on account of which contributions are
195	195	made.
196	196	(13) PENSION. Payments for life derived from money
197	197	provided by the employer. All pensions shall be payable in
198	198	equal monthly installments.
199	199	(14) PLAN. The District Attorneys' Plan provided for in
200	200	Section 12-17-227.1.
201	201	(15) REGULAR INTEREST. Interest compounded annually at
202	202	the rate determined by the Board of Control.
203	203	(16) RETIREMENT. Withdrawal from active service with a
204	204	retirement allowance or optional benefit in lieu thereof
205	205	granted under this division.
206	206	(17) RETIREMENT ALLOWANCE. The sum of the annuity and
207	207	the pension.
208	208	(18) RETIREMENT SYSTEM. The Employees' Retirement
209	209	System of Alabama as defined in Section 36-27-2.
210	210	(19) SUPERNUMERARY DISTRICT ATTORNEY. A supernumerary
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240	240	(19) SUPERNUMERARY DISTRICT ATTORNEY. A supernumerary
241	241	district attorney who has elected to come under the provisions
242	242	and requirements of Division 2 of this article."
243	243	"§12-17-227.2
244	244	(a) Every district attorney first elected or appointed
245	245	to his or her position on or after November 8, 2016 , and all
246	246	full-time prosecuting attorneys employed by an Alabama
247	247	district attorney's office on or after October 1, 2025, and
248	248	all full-time attorneys employed by the Office of Prosecution
249	249	Services on or after October 1, 2025, shall come under this
250	250	division by operation of law. Each district attorney ,
251	251	full-time prosecuting attorney employed by an Alabama district
252	252	attorney's office, and each full-time attorney employed by the
253	253	Office of Prosecution Services shall contribute to the fund
254	254	eight and one-half percent (8.5%) of his or her annual salary.
255	255	The percentages shall be deducted by the employer from each
256	256	district attorney's member's salary and paid into the fund in
257	257	the State Treasury and credited to the individual account of
258	258	the district attorney member from whose salary it was
259	259	deducted.
260	260	(b) On account of each member there shall be paid
261	261	monthly by the employer an amount equal to a certain
262	262	percentage of the annual salary of each member to be the
263	263	employer's contribution. The percentage rate of such
264	264	contribution shall be fixed for each fiscal year on the basis
265	265	of the liabilities as shown by the last annual actuarial
266	266	valuation, and such percentage rate as established by such
267	267	valuation shall take effect the following October 1 and
268	268	continue in effect for the fiscal year. Such contribution
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298	298	continue in effect for the fiscal year. Such contribution
299	299	shall be made by the Office of the District Attorney who
300	300	office that employs the member."
301	301	"§12-17-227.3
302	302	(a) Any active and contributing member of the District
303	303	Attorneys' Plan who, not more than one year prior to becoming
304	304	a member of the plan was a member of the Employees' Retirement
305	305	System of Alabama or the Teachers' Retirement System of
306	306	Alabama, may elect to transfer his or her membership service
307	307	and accumulated contributions in the Employees' Retirement
308	308	System or the Teachers' Retirement System to the District
309	309	Attorneys' Plan.
310	310	(b) Any active and contributing member desiring to
311	311	transfer any membership service and accumulated contributions
312	312	under subsection (a) shall notify the Board of Control of the
313	313	Employees' Retirement System of his or her election to
314	314	transfer membership service and shall authorize the transfer
315	315	of the amount of his or her accumulated contributions to his
316	316	or her credit in the Employees' Retirement System or Teachers'
317	317	Retirement System to his or her account in the District
318	318	Attorneys' Plan.
319	319	(c) The Board of Control transferring the membership
320	320	service and contributions shall thereupon certify to the Board
321	321	of Control of the Employees' Retirement System and to the fund
322	322	the amount of contributions and service creditable to the
323	323	member at the time of separation from the transferring
324	324	retirement system. The member shall be credited in the fund
325	325	with the membership service and accumulated contributions so
326	326	certified.
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356	356	certified.
357	357	(d)(1) Anything in this division to the contrary
358	358	notwithstanding, in the application of the foregoing
359	359	provisions of this section to a member whose membership
360	360	service includes a period of service as a district attorney
361	361	and a period of service in another employment classification,
362	362	the benefit rates applicable to a district attorney shall
363	363	apply to all membership service as a district attorney, and
364	364	the benefit rates applicable to the member's other employment
365	365	classification shall apply to membership service in such other
366	366	classification. In all other respects, the pension under this
367	367	section shall be determined on the basis of the member's
368	368	employment classification at the time of his or her withdrawal
369	369	from service.
370	370	(2) If the full-time prosecuting attorney in a district
371	371	attorney's office or full-time attorney employed by the Office
372	372	of Prosecution Services' creditable service includes periods
373	373	of service to different employment classifications, the
374	374	benefit rates of each respective employment classification
375	375	shall be applicable to the creditable service earned while in
376	376	each respective employment classification. In all other
377	377	respects, the pension under this section shall be determined
378	378	on the basis of the member's employment classification at the
379	379	time of his or her withdrawal from service. "
380	380	"§12-17-227.4
381	381	(a) Any member who withdraws from service upon or after
382	382	attainment of age 62 may retire upon written application to
383	383	the Board of Control setting forth at what time, not less than
384	384	30 days nor more than 90 days subsequent to the execution and
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414	414	30 days nor more than 90 days subsequent to the execution and
415	415	filing thereof, he or she desires to be retired; provided,
416	416	that any such member shall have completed 10 or more years of
417	417	membership service in the District Attorneys' Plan.
418	418	(b) Any member who has attained age 62 and has
419	419	previously withdrawn from service may retire upon written
420	420	application to the Board of Control setting forth at what
421	421	time, not less than 30 days nor more than 90 days subsequent
422	422	to the execution and filing thereof, he or she desires to be
423	423	retired; provided, that any such member shall have completed
424	424	10 or more years of membership service.
425	425	(c)(1) Upon retirement from service, the member who is
426	426	a district attorney shall receive a service retirement
427	427	allowance which shall consist of an annuity, which shall be
428	428	the actuarial equivalent of the member's accumulated
429	429	contributions at the time of retirement, and a pension, which
430	430	when added to the member's annuity shall be equal to three
431	431	percent (3%) four percent (4%) of the member's average final
432	432	compensation multiplied by the member's number of years of
433	433	membership service. Notwithstanding the foregoing, the service
434	434	retirement allowance shall not exceed eighty percent (80%) of
435	435	the member's average final compensation.
436	436	(2) Upon retirement from service, the member who is a
437	437	full-time prosecuting attorney employed by a district
438	438	attorney's office or a full-time attorney employed by the
439	439	Office of Prosecution Services shall receive a service
440	440	retirement allowance which shall consist of an annuity, which
441	441	shall be the actuarial equivalent of the member's accumulated
442	442	contributions at the time of retirement, and a pension, which
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472	472	contributions at the time of retirement, and a pension, which
473	473	when added to the member's annuity shall be equal to three
474	474	percent (3%) of the member's average final compensation
475	475	multiplied by the member's number of years of membership
476	476	service. Notwithstanding the foregoing, the service retirement
477	477	allowance shall not exceed eighty percent (80%) of the
478	478	member's average final compensation. "
479	479	"§12-17-227.5
480	480	(a) Upon application of an active and contributing
481	481	member, any such member who has 10 or more years of membership
482	482	service who becomes disabled may be retired on a disability
483	483	retirement allowance by the Board of Control not less than 30
484	484	days nor more than 90 days next following the date of filing
485	485	of such application; provided that the medical board, after a
486	486	medical examination of such member, shall certify that such
487	487	individual is totally and permanently mentally or physically
488	488	incapacitated from regular and substantial gainful employment
489	489	and that such member should be retired.
490	490	(b)(1) Upon retirement for disability, the a member who
491	491	is a district attorney shall receive a service retirement
492	492	allowance if he or she has attained age 62; otherwise, he or
493	493	she shall receive a disability retirement allowance which
494	494	shall consist of an annuity, which shall be the actuarial
495	495	equivalent of the member's accumulated contributions at the
496	496	time of retirement, and a pension, which when added to the
497	497	member's annuity shall be equal to three percent (3%) four
498	498	percent (4%) of the member's average final compensation
499	499	multiplied by the member's number of years of membership
500	500	service. Notwithstanding the foregoing, the disability
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530	530	service. Notwithstanding the foregoing, the disability
531	531	retirement allowance shall not exceed eighty percent (80%) of
532	532	the member's average final compensation.
533	533	(2) Upon retirement for disability, the member who is a
534	534	full-time prosecuting attorney in a district attorney's office
535	535	or a full-time attorney employed by the Office of Prosecution
536	536	Services shall receive a service retirement allowance if he or
537	537	she has attained age 62; otherwise, he or she shall receive a
538	538	disability retirement allowance which shall consist of an
539	539	annuity, which shall be the actuarial equivalent of the
540	540	member's accumulated contributions at the time of retirement,
541	541	and a pension, which when added to the member's annuity shall
542	542	be equal to three percent (3%) of the member's average final
543	543	compensation multiplied by the member's number of years of
544	544	membership service. Notwithstanding the foregoing, the
545	545	disability retirement allowance shall not exceed eighty
546	546	percent (80%) of the member's average final compensation.
547	547	(c) Once each year during the first five years
548	548	following the retirement of a member on a disability
549	549	retirement allowance and once every three-year period
550	550	thereafter, the Board of Control may require any disability
551	551	beneficiary who has not yet attained age 62 to undergo a
552	552	medical examination, such examination to be made at the place
553	553	of residence of such beneficiary or other place mutually
554	554	agreed upon by a physician or physicians of or designated by
555	555	the medical board. Should any disability beneficiary who has
556	556	not yet attained age 62 refuse to submit to such medical
557	557	examination, his or her retirement allowance may be
558	558	discontinued until his or her withdrawal of such refusal, and
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588	588	discontinued until his or her withdrawal of such refusal, and
589	589	should his or her refusal continue for one year, all his or
590	590	her rights in and to his or her pension may be revoked by the
591	591	Board of Control. Should the medical board report and certify
592	592	to the Board of Control that a disability beneficiary has the
593	593	capacity to engage in regular and substantial gainful
594	594	employment, the Board of Control shall discontinue the
595	595	beneficiary's retirement allowance until the beneficiary is
596	596	otherwise eligible for service retirement."
597	597	"§12-17-227.6
598	598	(a) Should a member cease to be a district attorney , a
599	599	full-time prosecuting attorney employed by a district
600	600	attorney's office, or full-time attorney employed by the
601	601	Office of Prosecution Services, except by death or by
602	602	retirement under the provisions of this division, the
603	603	contributions standing to the credit of his or her individual
604	604	account in the fund shall be paid to him or her upon demand
605	605	and, in addition to the payment, there shall be paid
606	606	five-tenths of the interest accumulations standing to the
607	607	credit of his or her individual account if he or she shall
608	608	have not less than three but less than 16 years of membership
609	609	service, six-tenths of the interest accumulations if he or she
610	610	shall have not less than 16 but less than 21 years of
611	611	membership service, seven-tenths of the interest accumulations
612	612	if he or she shall have not less than 21 but less than 26
613	613	years of membership service, and eight-tenths of the interest
614	614	accumulations if he or she shall have not less than 26 years
615	615	of membership service.
616	616	(b) In case of the death of a member eligible for
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646	646	(b) In case of the death of a member eligible for
647	647	service retirement pursuant to Section 12-17-227.4, an
648	648	allowance shall be paid to the surviving spouse, if designated
649	649	as the sole beneficiary, in an amount that would have been
650	650	payable if the member had retired immediately prior to his or
651	651	her death and had elected Option 2, as set forth in subsection
652	652	(d), or to such other person who the member shall have
653	653	designated, in an amount that would have been payable if the
654	654	member had retired immediately prior to his or her death and
655	655	had elected Option 3, as set forth in subsection (d).
656	656	Alternatively, if the surviving spouse or other designee
657	657	desires, he or she may choose to receive, in lieu of the
658	658	allowance provided under Option 2 or Option 3, the accumulated
659	659	contributions of the member plus an amount equal to the
660	660	accumulated contributions of the member not to exceed five
661	661	thousand dollars ($5,000) or the accumulated contributions of
662	662	the member plus the benefit provided by Section 36-27B-3 if a
663	663	benefit is payable under that section.
664	664	(c) Upon the death of a member on account of whom no
665	665	survivor allowance is payable under subsection (b), the
666	666	accumulated contributions of the member plus an amount equal
667	667	to the accumulated contributions not to exceed five thousand
668	668	dollars ($5,000) or the accumulated contributions of the
669	669	member plus the benefit provided by Section 36-27B-3 if a
670	670	benefit is payable under that section shall be paid to his or
671	671	her estate or to such person as he or she shall have nominated
672	672	by written designation duly executed and filed with the Board
673	673	of Control.
674	674	(d) Optional allowances. With the provision that the
675	675	309
676	676	310
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704	704	(d) Optional allowances. With the provision that the
705	705	election of an option shall be effective on the effective date
706	706	of retirement, any member may elect prior to retirement to
707	707	receive, in lieu of his or her retirement allowance payable
708	708	throughout life, the actuarial equivalent, at that time, of
709	709	his or her retirement allowance in a reduced retirement
710	710	allowance payable throughout life with the provisions that:
711	711	(1) OPTION 1. If he or she dies before he or she has
712	712	received in annuity payments the present value of his or her
713	713	annuity as it was at the time of his or her retirement, the
714	714	balance shall be paid to his or her legal representatives or
715	715	to such person as he or she shall nominate by written
716	716	designation duly acknowledged and filed with the Board of
717	717	Control;
718	718	(2) OPTION 2. Upon his or her death, his or her reduced
719	719	retirement allowance shall be continued throughout the life of
720	720	and paid to such person as he or she shall nominate by written
721	721	designation duly acknowledged and filed with the Board of
722	722	Control at the time of his or her retirement;
723	723	(3) OPTION 3. Upon his or her death, one half of his or
724	724	her reduced allowance shall be continued throughout the life
725	725	of and paid to such person as he or she shall nominate by
726	726	written designation duly acknowledged and filed with the Board
727	727	of Control at the time of his or her retirement; or
728	728	(4) OPTION 4. Some other benefit or benefits shall be
729	729	paid either to the member or to such person or persons as he
730	730	or she shall nominate; provided, that those other benefits,
731	731	together with the reduced retirement allowance, shall be
732	732	certified by the actuary to be of equivalent actuarial value
733	733	337
734	734	338
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762	762	certified by the actuary to be of equivalent actuarial value
763	763	to his or her retirement allowance and shall be approved by
764	764	the Board of Control.
765	765	(e) Notwithstanding any other provisions of this
766	766	section to the contrary, when a designated beneficiary for a
767	767	member predeceases the member who is receiving a monthly
768	768	benefit allowance provided under Option 2, 3, or 4, the member
769	769	may designate a replacement beneficiary for the deceased
770	770	beneficiary to become effective two years after the date of
771	771	designation of the replacement beneficiary and an actuarial
772	772	adjustment in the monthly benefit allowance of the member to
773	773	cover any cost associated with designating a replacement
774	774	beneficiary shall be reflected thereafter in the monthly
775	775	benefit allowance received by the member, commencing with the
776	776	first benefit allowance check received by the member following
777	777	the date of designation of the replacement beneficiary.
778	778	(f) Notwithstanding any provision of this section to
779	779	the contrary, if a retired member who is receiving a monthly
780	780	benefit allowance provided under Option 2, 3, or 4 divorces
781	781	his or her designated beneficiary, the member may designate a
782	782	replacement beneficiary for the beneficiary to become
783	783	effective two years after the date of designation of the
784	784	replacement beneficiary and an actuarial adjustment in the
785	785	monthly benefit allowance of the member to cover any cost
786	786	associated with designating a replacement beneficiary shall be
787	787	reflected thereafter in the monthly benefit allowance received
788	788	by the member, commencing with the first benefit allowance
789	789	check received by the member following the date of designation
790	790	of the replacement beneficiary."
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819	819	Page 15
820	820	of the replacement beneficiary."
821	821	"§12-17-227.11
822	822	(a) A person serving as district attorney,
823	823	supernumerary district attorney, or who has made an election
824	824	to assume the office of supernumerary district attorney or is
825	825	otherwise entitled to participate in the supernumerary
826	826	district attorney program established under Division 2 of this
827	827	article shall, subject to subsection (c), continue to serve or
828	828	participate in the supernumerary district attorney program,
829	829	which shall include the assumption of the office of the
830	830	supernumerary district attorney after November 8, 2016,
831	831	according to the terms and conditions of Division 2 of this
832	832	article, notwithstanding the fact that the person may be
833	833	re-elected after November 8, 2016, to the office he or she is
834	834	holding on November 8, 2016.
835	835	(b)(1) No person may participate in both the
836	836	supernumerary district attorney program and the Employees'
837	837	Retirement System based on the same service.
838	838	(2) A person who independently qualifies for the
839	839	supernumerary district attorney program and the Employees'
840	840	Retirement System based on separate years of service may
841	841	participate in both programs.
842	842	(c) A district attorney who was elected prior to
843	843	November 8, 2016, and who is serving in the capacity of
844	844	district attorney on and after November 8, 2016, and had prior
845	845	service credit in the Employees' Retirement System, Teachers'
846	846	Retirement System, or Judicial Retirement Fund prior to being
847	847	elected district attorney shall have 30 days from November 8,
848	848	2016, to elect to participate in the District Attorneys' Plan
849	849	393
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856	856	400
857	857	401
858	858	402
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862	862	406
863	863	407
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865	865	409
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878	878	2016, to elect to participate in the District Attorneys' Plan
879	879	established by this division. This election shall be
880	880	irrevocable.
881	881	(d) An assistant or deputy district attorney who
882	882	obtains service credit in that position as a Tier 1 I plan
883	883	member and is elected or appointed district attorney or placed
884	884	into the District Attorneys' Plan on or after November 8,
885	885	2016, may withdraw from service after completion of not less
886	886	than 25 years of credible creditable service and may retire
887	887	without a reduction in retirement allowance upon written
888	888	application to the Board of Control setting forth at what
889	889	time, not less than 30 days nor more than 90 days subsequent
890	890	to the execution and filing thereof, he or she desires to be
891	891	retired."
892	892	Section 2. Section 12-17-213, Code of Alabama 1975, is
893	893	amended to read as follows:
894	894	"§12-17-213
895	895	(a) Any person now serving or having formerly served as
896	896	a district attorney of a judicial circuit of Alabama, who has
897	897	served for not less than 18 years, when he or she has reached
898	898	the age of 60 years, may elect to become a supernumerary
899	899	district attorney by filing a written declaration to that
900	900	effect with the Governor, and time served as judge of a court
901	901	of record, a county court, county solicitor or any other
902	902	countywide elected official, a full-time deputy or assistant
903	903	district attorney, or as a duly licensed attorney employed
904	904	full time by the State of Alabama, whether commissioned or
905	905	appointed, or as an elected constitutional officer or other
906	906	state official, shall be counted as time served towards toward
907	907	421
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935	935	Page 17
936	936	state official, shall be counted as time served towards toward
937	937	accumulating the above required 18 years; provided, that such
938	938	district attorney shall have served not less than 10 years as
939	939	district attorney of a judicial circuit.
940	940	(b) Any district attorney of a judicial circuit who has
941	941	served 18 years as circuit district attorney may elect to
942	942	become a supernumerary district attorney by filing a written
943	943	declaration to that effect with the Governor, and only two and
944	944	one-half years served as judge of a court of record, a county
945	945	court, county solicitor, a full-time deputy or assistant
946	946	district attorney, or as a duly licensed attorney employed
947	947	full time by the State of Alabama, whether commissioned or
948	948	appointed, or as an elected constitutional officer or other
949	949	state official, may be counted as time served towards toward
950	950	accumulating the above required 18 years.
951	951	(c) On October 1, 2021, any person who was elected or
952	952	appointed as a district attorney prior to November 8, 2016,
953	953	and held office as a district attorney through or after
954	954	January 1, 2019, may elect to become a supernumerary district
955	955	attorney by filing a written declaration to that effect with
956	956	the Governor. Prior time served as a judge of a court of
957	957	record, a full-time deputy or assistant district attorney, a
958	958	duly licensed attorney employed full time by the State of
959	959	Alabama, or a district attorney, shall be counted as time
960	960	served towards toward accumulating the 18 years required in
961	961	this section.
962	962	(d) Any Notwithstanding Section 36-27-16, any district
963	963	attorney who, on or after October 1, 2021, qualifies under
964	964	Division 2, commencing with Section 12-17-210, of Article 6 of
965	965	449
966	966	450
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994	994	Division 2, commencing with Section 12-17-210, of Article 6 of
995	995	this chapter, to receive a salary pursuant to Section
996	996	12-17-215 and also qualifies to receive a pension under any of
997	997	the Retirement Systems of Alabama, shall elect, at the time of
998	998	separation from state service, to may receive either a salary
999	999	under Section 12-17-215 or and a pension, but not both, by
1000	1000	filing a written declaration with the Governor and the
1001	1001	applicable retirement system , provided that applicable time
1002	1002	and credit are based on separate years of service . This
1003	1003	subsection shall not prohibit survivor benefits that may be
1004	1004	available under any of the Retirement Systems of Alabama.
1005	1005	(e) A supernumerary district attorney who is receiving
1006	1006	a salary pursuant to Section 12-17-215 may also be employed
1007	1007	by, or perform duties in any capacity, including as an
1008	1008	independent contractor for, any employer participating in the
1009	1009	Employees' Retirement System; provided, however, the
1010	1010	supernumerary district attorney's compensation from the
1011	1011	employer in a calendar year may not exceed the salary
1012	1012	limitation described and calculated pursuant to subsection (a)
1013	1013	of Section 36-27-8.2 36-27-8.2(a)."
1014	1014	Section 3. This act shall become effective on October
1015	1015	1, 2025.
1016	1016	477
1017	1017	478
1018	1018	479
1019	1019	480
1020	1020	481
1021	1021	482
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