Alabama 2025 Regular Session

Alabama Senate Bill SB216 Compare Versions

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33 SB216
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55 By Senator Chambliss
66 RFD: Finance and Taxation General Fund
77 First Read: 04-Mar-25
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12-5 SB216 Engrossed
12+5 BYYBB44-1 02/27/2025 KMS (L)cr 2025-1059
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1414 First Read: 04-Mar-25
15+SYNOPSIS:
16+Under existing law, certain individuals retired
17+under the Employees' Retirement System may return to
18+work without suspension of their retirement allowance.
19+This bill would authorize certain retired
20+firemedics to return to work as firemedics without
21+suspension of their retirement allowances for a limited
22+time and would cap the compensation they could earn
23+annually at $52,000.
1524 A BILL
1625 TO BE ENTITLED
1726 AN ACT
1827 Relating to the State Employees' Retirement System; to
1928 amend Section 36-27-8.2, Code of Alabama 1975, as last amended
2029 by Act 2024-279, 2024 Regular Session; to authorize certain
2130 retired firemedics to return to work without suspension of
2231 their retirement allowances; to limit the time frame for
2332 participation; and to cap the compensation at $52,000 per
24-year, commensurate with the work actually performed.
33+year.
2534 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2635 Section 1. Section 36-27-8.2 of the Code of Alabama
2736 1975, as last amended by Act 2024-279, 2024 Regular Session,
28-is amended to read as follows:
29-"§36-27-8.2
30-(a) Any individual who is retired under the Employees'
31-Retirement System may perform duties in any capacity,
32-including as an independent contractor, with any employer
33-participating in the Employees' Retirement System or the
34-Teachers' Retirement System without suspension of his or her
35-retirement allowance provided that: (i) the individual is not
36-employed in a permanent full-time capacity; and (ii) the
37-individual's compensation from the employer in calendar year
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66+1975, as last amended by Act 2024-279, 2024 Regular Session,
67+is amended to read as follows:
68+"§36-27-8.2
69+(a) Any individual who is retired under the Employees'
70+Retirement System may perform duties in any capacity,
71+including as an independent contractor, with any employer
72+participating in the Employees' Retirement System or the
73+Teachers' Retirement System without suspension of his or her
74+retirement allowance provided that: (i) the individual is not
75+employed in a permanent full-time capacity; and (ii) the
6776 individual's compensation from the employer in calendar year
6877 2016 does not exceed thirty thousand dollars ($30,000).
6978 Beginning in calendar year 2017, and each calendar year
7079 thereafter, the annual earning limit shall be increased by the
7180 same percentage increase as the increase in the Consumer Price
7281 Index for all urban consumers as published by the U.S.
7382 Department of Labor, Bureau of Labor Statistics. Any increase
7483 in the annual earning limit shall be rounded to the next
7584 lowest multiple of one thousand dollars ($1,000) with any
7685 amount in excess of the one thousand dollar ($1,000) multiple
7786 considered in determining the increase for the following year.
7887 Each adjustment shall be based on the increase in the index
7988 for the preceding 12-month period ending on September 30 and
8089 the increase shall be effective for the following calendar
8190 year.
8291 (b) Any individual serving as an elected official who
8392 has retired from the Employees' Retirement System may serve
8493 for his or her full compensation in an elected public office
8594 with the state, a county, or an incorporated municipality
86-without suspension of retirement benefits; provided , that
87-under no circumstances shall such an individual participate in
88-or accrue additional benefits under the Teachers' Retirement
89-System or the Employees' Retirement System for that service,
90-and provided that under no circumstances shall an individual
91-whose retirement is based upon service as an elected official
92-continue in or return to the office and receive both pension
93-benefits and salary. Any provision of this subsection to the
94-contrary notwithstanding, a retiree serving as a local elected
95-superintendent of education shall not receive both pension
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124+with the state, a county, or an incorporated municipality
125+without suspension of retirement benefits; provided , that
126+under no circumstances shall such an individual participate in
127+or accrue additional benefits under the Teachers' Retirement
128+System or the Employees' Retirement System for that service,
129+and provided that under no circumstances shall an individual
130+whose retirement is based upon service as an elected official
131+continue in or return to the office and receive both pension
132+benefits and salary. Any provision of this subsection to the
133+contrary notwithstanding, a retiree serving as a local elected
125134 superintendent of education shall not receive both pension
126135 benefits and salary unless his or her compensation as a local
127136 elected superintendent of education does not exceed the annual
128137 earning limits provided in subsection (a).
129138 (c) The responsibility for compliance with this section
130139 is placed upon the employing authority, and each retiree
131140 performing duties under this section shall certify to the
132141 employer any information required in order to carry out this
133142 section. The retiree shall provide written notice of the
134143 postretirement employment under this section to the Employees'
135144 Retirement System and employing authority within 30 days after
136145 the date the retiree knows or should know that he or she will
137146 be performing duties on a full-time or permanent basis or will
138147 earn an amount in excess of the annual earning limit under
139148 this section.
140149 (d)(1) Any individual who is retired under the
141150 Employees' Retirement System, has the applicable Alabama Peace
142151 Officers' Standards and Training certification, and was
143152 classified as either a law enforcement officer, as defined in
144-Section 36-27-59, or a state policeman, as defined in Section
145-36-27-1, prior to retirement, may perform duties as either a
146-school resource officer, as defined in Section 16-1-44.1, or a
147-correctional officer with the Department of Corrections
148-without suspension of his or her retirement allowance,
149-provided that the compensation earned does not exceed
150-fifty-two thousand dollars ($52,000) per year.
151-(2) Any individual who is retired under the Employees'
152-Retirement System, has the applicable Alabama Peace Officers'
153-Standards and Training certification, and meets any of the
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182+classified as either a law enforcement officer, as defined in
183+Section 36-27-59, or a state policeman, as defined in Section
184+36-27-1, prior to retirement, may perform duties as either a
185+school resource officer, as defined in Section 16-1-44.1, or a
186+correctional officer with the Department of Corrections
187+without suspension of his or her retirement allowance,
188+provided that the compensation earned does not exceed
189+fifty-two thousand dollars ($52,000) per year.
190+(2) Any individual who is retired under the Employees'
191+Retirement System, has the applicable Alabama Peace Officers'
183192 Standards and Training certification, and meets any of the
184193 following criteria, may perform duties as a correctional
185194 officer with the Department of Corrections without suspension
186195 of his or her retirement allowance, provided that the
187196 compensation earned does not exceed fifty-two thousand dollars
188197 ($52,000) per year:
189198 a. Was classified as a law enforcement officer, as
190199 defined in Section 36-27-59, prior to retirement.
191200 b. Was classified as a state policeman, as defined in
192201 Section 36-27-1, prior to retirement.
193202 c. Was classified as a correctional officer, as defined
194203 in Section 36-27-59, prior to retirement, and retired pursuant
195204 to Section 36-27-16(a)(1)c.
196205 (3) Any individual who is retired under the Employees'
197206 Retirement System, who has both the applicable Alabama
198207 Firefighters' Personnel Standards and Education Commission
199208 certification and the applicable State Board of Health
200209 certification as a firefighter and an emergency medical
201210 services personnel, as defined in Section 36-27-59, would have
202-prior to retirement, may perform duties as a firemedic without
203-suspension of his or her retirement allowance provided that
204-the compensation earned does not exceed fifty-two thousand
205-dollars ($52,000) per year, commensurate with the work
206-actually performed.
207-(3)(4) No individual may be employed pursuant to this
208-subsection after December 31, 2026 2030."
209-Section 2. This act shall become effective on June 1,
210-2025.
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240+services personnel, as defined in Section 36-27-59, would have
241+prior to retirement, may perform duties as a firemedic without
242+suspension of his or her retirement allowance provided that
243+the compensation earned does not exceed fifty-two thousand
244+dollars ($52,000) per year.
245+(3)(4) No individual may be employed pursuant to this
246+subsection after December 31, 2026 2030."
247+Section 2. This act shall become effective on June 1,
239248 2025.
240-Senate
241-Read for the first time and referred
242-to the Senate committee on Finance
243-and Taxation General Fund
244-................04-Mar-25
245-Read for the second time and placed
246-on the calendar:
247- 0 amendments
248-................19-Mar-25
249-Read for the third time and passed
250-as amended
251-Yeas 29
252-Nays 0
253-Abstains 0
254-................15-Apr-25
255-Patrick Harris,
256-Secretary.
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