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 |
---|
| 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 |
---|
67 | 76 | | individual's compensation from the employer in calendar year |
---|
68 | 77 | | 2016 does not exceed thirty thousand dollars ($30,000). |
---|
69 | 78 | | Beginning in calendar year 2017, and each calendar year |
---|
70 | 79 | | thereafter, the annual earning limit shall be increased by the |
---|
71 | 80 | | same percentage increase as the increase in the Consumer Price |
---|
72 | 81 | | Index for all urban consumers as published by the U.S. |
---|
73 | 82 | | Department of Labor, Bureau of Labor Statistics. Any increase |
---|
74 | 83 | | in the annual earning limit shall be rounded to the next |
---|
75 | 84 | | lowest multiple of one thousand dollars ($1,000) with any |
---|
76 | 85 | | amount in excess of the one thousand dollar ($1,000) multiple |
---|
77 | 86 | | considered in determining the increase for the following year. |
---|
78 | 87 | | Each adjustment shall be based on the increase in the index |
---|
79 | 88 | | for the preceding 12-month period ending on September 30 and |
---|
80 | 89 | | the increase shall be effective for the following calendar |
---|
81 | 90 | | year. |
---|
82 | 91 | | (b) Any individual serving as an elected official who |
---|
83 | 92 | | has retired from the Employees' Retirement System may serve |
---|
84 | 93 | | for his or her full compensation in an elected public office |
---|
85 | 94 | | 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 |
---|
| 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 |
---|
125 | 134 | | superintendent of education shall not receive both pension |
---|
126 | 135 | | benefits and salary unless his or her compensation as a local |
---|
127 | 136 | | elected superintendent of education does not exceed the annual |
---|
128 | 137 | | earning limits provided in subsection (a). |
---|
129 | 138 | | (c) The responsibility for compliance with this section |
---|
130 | 139 | | is placed upon the employing authority, and each retiree |
---|
131 | 140 | | performing duties under this section shall certify to the |
---|
132 | 141 | | employer any information required in order to carry out this |
---|
133 | 142 | | section. The retiree shall provide written notice of the |
---|
134 | 143 | | postretirement employment under this section to the Employees' |
---|
135 | 144 | | Retirement System and employing authority within 30 days after |
---|
136 | 145 | | the date the retiree knows or should know that he or she will |
---|
137 | 146 | | be performing duties on a full-time or permanent basis or will |
---|
138 | 147 | | earn an amount in excess of the annual earning limit under |
---|
139 | 148 | | this section. |
---|
140 | 149 | | (d)(1) Any individual who is retired under the |
---|
141 | 150 | | Employees' Retirement System, has the applicable Alabama Peace |
---|
142 | 151 | | Officers' Standards and Training certification, and was |
---|
143 | 152 | | 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 |
---|
| 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' |
---|
183 | 192 | | Standards and Training certification, and meets any of the |
---|
184 | 193 | | following criteria, may perform duties as a correctional |
---|
185 | 194 | | officer with the Department of Corrections without suspension |
---|
186 | 195 | | of his or her retirement allowance, provided that the |
---|
187 | 196 | | compensation earned does not exceed fifty-two thousand dollars |
---|
188 | 197 | | ($52,000) per year: |
---|
189 | 198 | | a. Was classified as a law enforcement officer, as |
---|
190 | 199 | | defined in Section 36-27-59, prior to retirement. |
---|
191 | 200 | | b. Was classified as a state policeman, as defined in |
---|
192 | 201 | | Section 36-27-1, prior to retirement. |
---|
193 | 202 | | c. Was classified as a correctional officer, as defined |
---|
194 | 203 | | in Section 36-27-59, prior to retirement, and retired pursuant |
---|
195 | 204 | | to Section 36-27-16(a)(1)c. |
---|
196 | 205 | | (3) Any individual who is retired under the Employees' |
---|
197 | 206 | | Retirement System, who has both the applicable Alabama |
---|
198 | 207 | | Firefighters' Personnel Standards and Education Commission |
---|
199 | 208 | | certification and the applicable State Board of Health |
---|
200 | 209 | | certification as a firefighter and an emergency medical |
---|
201 | 210 | | 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. |
---|
| 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, |
---|