reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-80 - Entitlement to Retirement and Receipt of Pension of Probate Judges Generally; Retirement Order.

Section 12-18-80
Entitlement to retirement and receipt of pension of probate judges generally; retirement order.
Every probate judge who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension as provided in this article.
Such retirement shall be on order of the Board of Control of the Judicial Retirement Fund or on an order signed by the majority of the members of the Supreme Court and upon the request of the probate judge to be retired.
(Acts 1975, No. 1205, p. 2384, §3-103.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-81 - Right of Election of Probate Judges Holding Office on or After December 27, 1973, to Come Under Provisions of Article 1 of Chapter; Filing of Instrument as to Election With Clerk of Supreme Court, County Commission and Secretary-Treasurer of State Employees' Retirement System; Applicability of Provisions of Article 1 of Chapter to Probate Judges Elected or Appointed to Office After October 1, 1976; State and Local Governing Bodies Authorized to Pick Up Member Contributions to Retirement Fund.

Section 12-18-81
Right of election of probate judges holding office on or after December 27, 1973, to come under provisions of Article 1 of chapter; filing of instrument as to election with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees' Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected or appointed to office after October 1, 1976; state and local governing bodies authorized to pick up member contributions to retirement fund.
Each probate judge holding office in the several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall have a right to elect to come under the provisions of Article 1 of this chapter in accordance with the provisions of this article.
Each such probate judge who elects to come under the provisions of article 1 of this chapter shall, prior to the first Monday after the second Tuesday in January, 1977, file with the Clerk of the Supreme Court of Alabama, the county commission of the county in which each such probate judge serves and the Secretary-Treasurer of the Employees' Retirement System of Alabama an instrument in writing electing to come under the provisions of Article 1 of this chapter.
Each probate judge elected or appointed to office after October 1, 1976, shall come under the provisions of Article 1 of this chapter as a matter of law.
The Supreme Court of Alabama may provide that the state shall pick up member contributions to the Judicial Retirement Fund, as required by Sections 12-18-5 and 12-18-52, on behalf of all appellate justices or judges, circuit and district judges who participate in the Judicial Retirement Fund and that the counties shall pick up member contributions to the Judicial Retirement Fund, as required by this section, on behalf of all probate judges who participate in the Judicial Retirement Fund, by a corresponding reduction in the salary of the member, such picking up to be mandatory for all such judges, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. These contributions shall be paid from the same source of funds which is used in paying earnings to the member. If member contributions are so picked up they shall be treated for all other purposes of state law in the same manner and to the same extent as member contributions made prior to the date picked up.
(Acts 1975, No. 1205, p. 2384, §3-102; Acts 1982, No. 82-417, p. 628, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-82 - Contributions to Retirement Fund by Judges.

Section 12-18-82
Contributions to retirement fund by judges.
(a) Judges on fees. After October 1, 1976, each probate judge compensated by fees who elects to come under the provisions of Article 1 of this chapter or who comes under the provisions of Article 1 of this chapter by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of a sum, hereinafter referred to as the "base sum," that is, 90 percent of the annual state compensation now authorized by law to be paid to circuit judges in Alabama; provided, that, after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. The base sum shall be adjusted up or down in accordance with and equal to future changes that are made in the state compensation of such circuit judges. Such percentage shall be paid by each such probate judge into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the probate judge from whose fees it was paid.
(b) Judges on salary. After October 1, 1976, each probate judge compensated by salary who elects to come under the provisions of Article 1 of this chapter or who comes under the provisions of Article 1 of this chapter by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of his salary; provided, that, after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. Such percentage shall be paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the probate judge from whose salary it was deducted.
(Acts 1975, No. 1205, p. 2384, §3-102; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §4; Act 2011-676, p. 1805, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-83 - Election as to Withdrawal From Retirement Fund and Refunding of Contributions or Receipt of Certificate of Time of Service Accumulated Toward Retirement Upon Termination of Service of Judge Prior to Eligibility for Retirement Benefits Under Article; Filing of Certificate as Proof of Time of Service for Retirement Benefits Under Article Upon Reaching of Retirement Age or Death of Judge.

Section 12-18-83
Election as to withdrawal from retirement fund and refunding of contributions or receipt of certificate of time of service accumulated toward retirement upon termination of service of judge prior to eligibility for retirement benefits under article; filing of certificate as proof of time of service for retirement benefits under article upon reaching of retirement age or death of judge.
Should the service of a probate judge be terminated prior to the time he is entitled to receive retirement benefits under this article, such probate judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have refunded his contributions to the Judicial Retirement Fund, plus accrued interest thereon, under the same rules and regulations and at the same rate governing the accrual and refund of interest under the Employees' Retirement System of Alabama; provided, that should such probate judge not elect to withdraw from the Judicial Retirement Fund he shall be entitled to receive a certificate from the Secretary-Treasurer of the Employees' Retirement System of Alabama showing the time of service he has accumulated toward retirement.
If any such judge has sufficient time of service for any retirement benefit provided by this article, upon reaching a retirement age or upon his death, such certificate may be filed as proof of time of service with the Chief Justice of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §3-110.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-84 - Eligibility for Retirement.

Section 12-18-84
Eligibility for retirement.
Any probate judge serving on December 27, 1973, who elects to become a member of the retirement fund hereby established, and any probate judge assuming such office after October 1, 1976, may elect to be retired pursuant to this article if he or she qualifies under any one of the following:
(1) Has served as much as five years as a probate judge and has become permanently, physically or mentally unable to carry out his or her duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;
(2) Has served as much as 12 years as a probate judge and has reached or passed the age of 65 years;
(3) Has served as much as 15 years as probate judge and is not less than 62 years of age or has served as such for more than 15 years and has attained age 62, less one year for each year of service in excess of 15; provided, that such probate judge shall have attained not less than 60 years of age;
(4) Has served continuously as much as 10 years as probate judge and is not less than 70 years of age; or
(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a probate judge and is not less than 60 years of age; or
(6) Has served for not less than 24 years or four full terms or a time equal to four full terms as a probate judge, regardless of age, if upon electing to retire with less than 25 years of service, prior to his or her date of retirement he or she pays to the Secretary-Treasurer of the Judicial Retirement Fund a lump sum in an amount equal to the annual employer and employee contributions necessary to purchase one year of creditable service in the fund based on the final annual state salary earned by the judge during his or her most recent fiscal year of active judicial service.
(Acts 1975, No. 1205, p. 2384, §3-104; Act 98-365, p. 664, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-84.1 - Election to Retire With 24 Years of Service.

Section 12-18-84.1
Election to retire with 24 years of service.
Notwithstanding any law to the contrary, any judge of probate who has served for not less than 24 years on any one or more of such courts or has 24 years of creditable service in the Judicial Retirement Fund shall be eligible to retire under this chapter, regardless of age, if upon electing to retire with less than 25 years of service, prior to his or her date of retirement he or she pays to the Secretary-Treasurer of the Judicial Retirement Fund a lump sum in an amount equal to the annual employer and employee contributions necessary to purchase one year of creditable service in the fund based on the final annual state salary earned by the judge during his or her most recent fiscal year of active judicial service.
(Act 98-365, p. 664, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-85 - Filing of Declaration as to Intention to Retire With Chief Justice of Supreme Court; Endorsement and Forwarding Thereof by Chief Justice.

Section 12-18-85
Filing of declaration as to intention to retire with Chief Justice of Supreme Court; endorsement and forwarding thereof by Chief Justice.
Any probate judge of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention to elect such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
(Acts 1975, No. 1205, p. 2384, §3-105.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-86 - Office Deemed Vacant Upon Retirement of Judge; Filling of Vacancy.

Section 12-18-86
Office deemed vacant upon retirement of judge; filling of vacancy.
When a probate judge retires pursuant to this article, the office then held by him shall become vacant, and the vacancy shall be filled as provided by the Constitution.
(Acts 1975, No. 1205, p. 2384, §3-108.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-87 - Benefits.

Section 12-18-87
Benefits.
(a) Judges' retirement benefits. - The annual retirement benefit payable to a probate judge retiring pursuant to subdivisions (2), (3), (4), and (5) of Section 12-18-84 shall be 75 percent of the base sum or salary upon which such judge is paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement. Such retirement benefit shall be payable monthly from the State Treasury for the life of the beneficiary.
(b) Spouses' benefits. - After the death of any probate judge who has held office for a minimum of five years, his or her spouse shall receive a yearly benefit from the State Treasury equivalent to the greater of $480.00 per year, multiplied by the number of years of service, not to exceed 10 years, or three percent of the base sum or salary upon which such probate judge was paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement, multiplied by the number of years service, not to exceed 10 years, payable monthly for the remainder of such spouse's life or until his or her remarriage.
(c) Judges' disability benefits. - Any probate judge retiring pursuant to subdivision (1) of Section 12-18-84, who has served for 10 years or more shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the base sum or salary specified in subsection (a) or (b) of Section 12-18-82 applicable at the time of retirement. If such disabled probate judge has served less than 10 years, he shall be entitled to receive from the State Treasury a monthly disability benefit that is equal to 25 percent of such base sum or salary plus 10 percent of such base sum or salary for each year of service in excess of five years; provided, however, that in no event shall such justice or judge receive less than 30 percent of the annual salary being paid to a full-time probate judge, as the case may be, from the State Treasury.
(d) Minimum age for receipt of retirement benefits, etc. - Any provision of this article to the contrary notwithstanding, a probate judge shall not be eligible to retire on service or otherwise receive service retirement benefits on account of his participation in said fund unless such member shall have attained 60 years of age; provided, however, that nothing in this subsection shall be construed as limiting, altering or amending existing provisions of law relating to eligibility for entitlement to disability benefits.
(Acts 1975, No. 1205, p. 2384, §3-106; Acts 1988, No. 88-662, p. 1062; Acts 1991, No. 91-641, p. 1211, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-88 - Call to Active Duty of Retired Judges; Compensation of Retired Judges on Active Duty; Termination of Active Duty.

Section 12-18-88
Call to active duty of retired judges; compensation of retired judges on active duty; termination of active duty.
Every probate judge who has retired pursuant to this article may, on the request of the Chief Justice, be called to active duty status as a probate judge.
Such retired probate judge shall be entitled to receive from the county in which he is serving reimbursement for all reasonable and necessary expenses, including travel, incurred in the performance of such active duty.
Such active duty status shall be terminated by the appointment of a person to fill the vacancy occupied by such retired probate judge or by an order of the appointing authority.
(Acts 1975, No. 1205, p. 2384, §3-107.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-90 - Provisions of Article Not Applicable to Supernumerary Probate Judges; Receipt of Benefits as Supernumerary Probate Judge, etc., by Probate Judge Electing to Come Under Provisions of Article 1 of Chapter; Transfer to Judicial Retirement Fund of Moneys Paid to Counties Under Provisions of Article 3 of Chapter 13 of This Title by Probate Judges Electing to Come Under Provisions of Article 1 of Chapter.

Section 12-18-90
Provisions of article not applicable to supernumerary probate judges; receipt of benefits as supernumerary probate judge, etc., by probate judge electing to come under provisions of Article 1 of chapter; transfer to Judicial Retirement Fund of moneys paid to counties under provisions of Article 3 of Chapter 13 of this title by probate judges electing to come under provisions of Article 1 of chapter.
This article shall not apply to any supernumerary probate judge.
No probate judge who elects to come under the provisions of Article 1 of this chapter shall be eligible to receive benefits as a supernumerary probate judge or benefits under any other state retirement program; provided, that any probate judge retired under this article may receive all social security benefits to which he or she is entitled, and the receipt of such shall not diminish the retirement benefits herein provided.
When a probate judge elects to come under the provisions of Article 1 of this chapter, all money paid to the county by such probate judge under the provisions of Article 3 of Chapter 13 of this title shall immediately be paid into the Judicial Retirement Fund in the State Treasury.
(Acts 1975, No. 1205, p. 2384, §3-109.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-91 - Effective Date.

Section 12-18-91
Effective date.
The provisions of this article shall become effective on October 1, 1976, unless otherwise provided in this article. No contributions shall be paid, no elections shall be made, and no benefits shall accrue under this article until October 1, 1976, unless otherwise provided in this article.
(Acts 1975, No. 1205, p. 2384, §18-103.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-92 - 1984 Cost of Living Increase.

Section 12-18-92
1984 cost of living increase.
(a) There is hereby provided, commencing October 1, 1984, to any probate judge retired prior to October 1, 1983, under the Judicial Retirement Fund of Alabama and who is receiving a retirement allowance therefrom, a cost-of-living increase in his maximum retirement allowance as follows:
(1) If such person retired prior to October 1, 1979, a 15 percent increase in his maximum retirement allowance.
(2) If such person retired on or after October 1, 1979, but prior to October 1, 1981, a 10 percent increase in his maximum retirement allowance.
(3) If such person retired on or after October 1, 1981, but prior to October 1, 1983, a five percent increase in his maximum retirement allowance.
(b) Any person retired under the Judicial Retirement Fund of Alabama who assumed office for the first time on or after July 30, 1979, for purposes of this section, shall not be entitled to receive the cost-of-living increase provided.
(c) The board of control of the Employees' Retirement System shall determine annually the amount required to pay the costs of the benefits provided in this section and shall certify such amounts to the state Comptroller as payable to the Judicial Retirement Fund for the purpose herein defined.
The provisions of this subsection shall govern and override any seeming or actual conflicts with other provisions of this section.
(d) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to retired probate judges of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1984, No. 84-613, p. 1252.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 4 - Probate Judges. › Section 12-18-93 - Cost-of-Living Adjustments.

Section 12-18-93
Cost-of-living adjustments.
(a) Any retired judge of probate receiving benefits from the Judicial Retirement Fund shall be entitled to receive any cost-of-living adjustment provided by law for state employees who are retired under the State Employees' Retirement System after April 21, 1998.
(b) The cost-of-living adjustments provided for retired judges of probate under subsection (a) shall be financed from time to time, from the investment income of the Judicial Retirement Fund.
(Act 98-365, p. 664, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 5 - Transfer of Contributions and Creditable Service From Employees'retirement System and Teachers' Retirement System to Judicial Retirement Fund. › Section 12-18-110 - Transfer of Contributions and Creditable Service - Eligibility Period; Procedure.

Section 12-18-110
Transfer of contributions and creditable service - Eligibility period; procedure.
THIS SECTION WAS AMENDED BY ACT 2022-347 IN THE 2022 REGULAR SESSION, EFFECTIVE APRIL 13, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Any member of the Judicial Retirement Fund, who, not more than one year prior to becoming a member of the Judicial Retirement Fund, was a member of the Employees' Retirement System of Alabama or the Teachers' Retirement System of Alabama may elect to transfer to the Judicial Retirement Fund his or her creditable service and accumulated contributions in the Employees' or Teachers' Retirement System, as provided in this article.
(b) Any member desiring to transfer any creditable service and contributions shall notify the Board of Control of the Employees' Retirement System of his or her election to transfer the creditable service and shall authorize transfer of the amount of his or her accumulated contributions to his or her credit in the Employees' or Teachers' Retirement System to his or her account in the Judicial Retirement Fund.
(c) Following receipt of notice, the Board of Control transferring the creditable service and contributions shall certify to the Board of Control of the Employees' Retirement System and to the Judicial Retirement Fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the Judicial Retirement Fund with the creditable service and accumulated contributions so certified.
(Acts 1980, No. 80-461, p. 714, §1; Acts 1993, No. 93-767, p. 1533, §3; Act 2022-347, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 5 - Transfer of Contributions and Creditable Service From Employees'retirement System and Teachers' Retirement System to Judicial Retirement Fund. › Section 12-18-114 - Article Supplemental to Other Related Laws.

Section 12-18-114
Article supplemental to other related laws.
The provisions of this article are cumulative and supplemental to other law or laws relating to this subject and shall not be construed to repeal any law or part of law not directly in conflict herewith.
(Acts 1980, No. 80-461, p. 714, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 6 - Retirement Upon 25 Years of Service; Allow to Purchase Credit for Final Year. › Section 12-18-130 - Applicability.

Section 12-18-130
Applicability.
This article does not apply to anyone who assumed office as a justice of the Supreme Court, a judge of the Court of Civil Appeals, a judge of the Court of Criminal Appeals, or a circuit judge before July 30, 1979. This article also does not apply to anyone who assumed office as a district judge before July 30, 1979, and later assumed or assumes office as a justice of the Supreme Court, a judge of the Court of Civil Appeals, a judge of the Court of Criminal Appeals, or a circuit judge.
(Act 98-295, p. 481, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 6 - Retirement Upon 25 Years of Service; Allow to Purchase Credit for Final Year. › Section 12-18-131 - Eligibility to Retire Regardless of Age.

Section 12-18-131
Eligibility to retire regardless of age.
Notwithstanding Section 12-18-40 or 12-18-55, any justice of the Supreme Court, any judge of the Court of Civil Appeals, any judge of the Court of Criminal Appeals, any circuit judge, or any district judge who has served for not less than 25 years on any one or more of such courts or has 25 years of creditable service in the Judicial Retirement System shall be eligible to retire under this chapter regardless of age.
(Act 98-295, p. 481, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 6 - Retirement Upon 25 Years of Service; Allow to Purchase Credit for Final Year. › Section 12-18-132 - Retirement Benefits.

Section 12-18-132
Retirement benefits.
With the exception of justices of the Supreme Court and judges of the appellate courts, circuit courts, and district courts who assumed office prior to July 30, 1979, and who are exempted from Section 12-18-40, and this article, the retirement pay or benefits of any justice or judge qualifying for service retirement pursuant to this article shall be based and computed on the final salary received from the state at the time of his or her retirement in accordance with the percentage rate now prescribed by law. The retirement benefits of justices and judges who have 25 years of creditable service based on nonjudicial service which has been transferred to the Judicial Retirement System shall be calculated pursuant to Sections 12-18-111, 12-18-112, or 12-18-113, as applicable.
(Act 98-295, p. 481, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 6 - Retirement Upon 25 Years of Service; Allow to Purchase Credit for Final Year. › Section 12-18-133 - Purchase of Additional Credit.

Section 12-18-133
Purchase of additional credit.
Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, or district judge who has 24 years of creditable service in the Judicial Retirement Fund of Alabama may elect to purchase credit in the Judicial Retirement Fund of Alabama for up to one additional year. Any justice or judge eligible to purchase such credit shall be awarded such credit provided that the justice or judge shall pay into the Judicial Retirement Fund of Alabama a sum of money which is equal to the annual contribution of both the justice or judge and the annual contribution of the state into the fund at the time of election to purchase the credit multiplied by each year or fraction thereof of service credit claimed. The election and payment shall be made to the Secretary-Treasurer of the Employees' Retirement System of Alabama, administrator of the Judicial Retirement Fund.
(Act 98-295, p. 481, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 6 - Retirement Upon 25 Years of Service; Allow to Purchase Credit for Final Year. › Section 12-18-134 - Construction of Article.

Section 12-18-134
Construction of article.
The provisions of this article are cumulative and supplemental to other statutes or laws relating to judicial retirement and shall not be construed to repeal any law or part of law not directly in conflict herewith. Nothing herein shall be construed to eliminate, reduce, or modify any entitlement or benefit to which a justice or judge is now eligible or would be eligible under the retirement laws existing and in effect before July 1, 1998.
(Act 98-295, p. 481, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-151 - (Effective November 8, 2016, Subject to Contingencies) Judges' and Clerks' Plan Established.

Section 12-18-151
(Effective November 8, 2016, subject to contingencies) Judges' and Clerks' Plan established.
There is hereby created and established the Judges' and Clerks' Plan under the Judicial Retirement Fund.
(Act 2015-498, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-152 - (Effective November 8, 2016, Subject to Contingencies) Scope and Application of Plan; Contributions.

Section 12-18-152
(Effective November 8, 2016, subject to contingencies) Scope and application of plan; contributions.
(a) Every judge or clerk first elected or appointed to his or her position on or after November 8, 2016 who is not a member of the Judicial Retirement Fund or Clerks' and Registers' Supernumerary Fund on November 7, 2016 shall come under this article by operation of law. The plan shall not include any judge or clerk who is a member of the Judicial Retirement Fund or Clerks' and Registers' Supernumerary Fund prior to November 8, 2016, regardless of the type of judgeship position held. Each judge or clerk shall contribute to the fund eight and one-half percent (8.5%) of his or her annual salary or base sum as provided in Section 12-18-82. The percentages shall be deducted by the employer from each judge's or clerk's salary and paid into the fund in the State Treasury and credited to the individual account of the judge or clerk from whose salary it was deducted.
(b) On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the annual salary of each member to be the employer's contribution. The percentage rate of such contribution shall be fixed for each fiscal year on the basis of the liabilities as shown by the last annual actuarial valuation, and such percentage rate as established by such valuation shall take effect the following October 1 and continue in effect for the fiscal year.
(Act 2015-498, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-153 - (Effective November 8, 2016, Subject to Contingencies) Transfer of Membership Service and Accumulated Contributions.

Section 12-18-153
(Effective November 8, 2016, subject to contingencies) Transfer of membership service and accumulated contributions.
(a) Any active and contributing member of the Judges' and Clerks' Plan who, not more than one year prior to becoming a member of the plan was a member of the Employees' Retirement System of Alabama or the Teachers' Retirement System of Alabama, may elect to transfer his or her membership service and accumulated contributions in the Employees' Retirement System or the Teachers' Retirement System to the Judges' and Clerks' Plan.
(b) Any active and contributing member desiring to transfer any membership service and accumulated contributions under subsection (a) shall notify the Board of Control of the Employees' Retirement System of his or her election to transfer membership service and shall authorize the transfer of the amount of his or her accumulated contributions to his or her credit in the Employees' Retirement System or Teachers' Retirement System to his or her account in the Judges' and Clerks' Plan.
(c) The Board of Control transferring the membership service and contributions shall thereupon certify to the Board of Control of the Employees' Retirement System and to the fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the fund with the membership service and accumulated contributions so certified.
(d) Anything in this article to the contrary notwithstanding, in the application of the foregoing provisions of this section to a member whose membership service includes a period of service as a judge or clerk and a period of service in another employment classification, the benefit rates applicable to a judge or clerk shall apply to all membership service as a judge or clerk, and the benefit rates applicable to the member's other employment classification shall apply to membership service in such other classification. In all other respects, the pension under this section shall be determined on the basis of the member's employment classification at the time of his or her withdrawal from service.
(Act 2015-498, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-154 - (Effective November 8, 2016, Subject to Contingencies) Service Retirement Allowance.

Section 12-18-154
(Effective November 8, 2016, subject to contingencies) Service retirement allowance.
(a) Any member who withdraws from service upon or after attainment of age 62 may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member shall have completed 10 or more years of membership service in the Judges' and Clerks' Plan.
(b) Any member who has attained age 62 and has previously withdrawn from service may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member shall have completed 10 or more years of membership service.
(c) Upon retirement from service, a member who is a clerk shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement, and a pension, which when added to the member's annuity shall be equal to three percent (3%) of the member's average final compensation multiplied by the member's number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation.
(d) Upon retirement from service, a member who is a judge shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement, and a pension, which when added to the member's annuity shall be equal to four percent (4%) of the member's average final compensation multiplied by the member's number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed seventy-five percent (75%) of the member's average final compensation. A member who is a judge and who has attained 18 or more years of membership service shall be entitled to a retirement allowance of seventy-five percent (75%) of the member's average final compensation.
(Act 2015-498, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-157 - (Effective November 8, 2016, Subject to Contingencies) Cancellation of Survivor Allowance.

Section 12-18-157
(Effective November 8, 2016, subject to contingencies) Cancellation of survivor allowance.
Any member of the plan who is retired and who has selected a survivor option may cancel the survivor allowance payable to his or her designated beneficiary. Such election shall be in accordance with the rules and regulations prescribed by the Board of Control and once made by the member shall be irrevocable. Any member who so elects to cancel a survivor allowance shall designate such new beneficiary as he or she shall nominate to receive a pro rata payment for the number of days the member shall live during the month of his or her death. Any cancellation of a survivor allowance under the provisions of this section shall be irrevocable by the member and payment of the pro rata amount for the number of days the member lives during the month of his or her death shall be in lieu of any other benefits heretofore payable.
(Act 2015-498, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-158 - (Effective November 8, 2016, Subject to Contingencies) Withholdings From Retirement Pay.

Section 12-18-158
(Effective November 8, 2016, subject to contingencies) Withholdings from retirement pay.
(a) Any member who, at the time of his or her retirement is a member of and holds a policy in any state group hospitalization or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his or her retirement pay a sufficient sum or amount to pay the premium on such policy.
(b) The Secretary-Treasurer of the state Employees' Retirement System, when authorized by a retired employee, is hereby authorized to withhold from the retirement pay of such employee a sufficient amount to pay the premium on such policy and remit the same to the insurance carrier.
(Act 2015-498, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-159 - (Effective November 8, 2016, Subject to Contingencies) Management and Supervision of Plan; Rulemaking Authority.

Section 12-18-159
(Effective November 8, 2016, subject to contingencies) Management and supervision of plan; rulemaking authority.
The Judges' and Clerks' Plan shall be under the management and supervision of the Employees' Retirement System as a component of the Judicial Retirement Fund, with all contributions to the plan deposited and held in the same manner as contributions to the Judicial Retirement Fund. The Employees' Retirement System may adopt rules and regulations as necessary to implement the plan.
(Act 2015-498, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-160 - (Effective November 8, 2016, Subject to Contingencies) Legislation to Include Costs.

Section 12-18-160
(Effective November 8, 2016, subject to contingencies) Legislation to include costs.
All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
(Act 2015-498, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-161 - (Effective November 8, 2016, Subject to Contingencies) Fraud; Correction of Errors.

Section 12-18-161
(Effective November 8, 2016, subject to contingencies) Fraud; correction of errors.
(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both such fine and imprisonment, at the discretion of the court.
(b) Should any charge or error in the records result in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the Board of Control shall correct such error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
(Act 2015-498, §13.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-162 - (Effective November 8, 2016, Subject to Contingencies) Exemption From Taxes; Assignability.

Section 12-18-162
(Effective November 8, 2016, subject to contingencies) Exemption from taxes; assignability.
The right of a person to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity or retirement allowance itself and any optional benefit or any other right accrued or accruing to any person under the provisions of this article and the moneys in the fund are hereby exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment or any other process whatsoever and shall be unassignable except as in this article specifically otherwise provide.
(Act 2015-498, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-163 - (Effective November 8, 2016, Subject to Contingencies) Admissibility of Evidence.

Section 12-18-163
(Effective November 8, 2016, subject to contingencies) Admissibility of evidence.
Official copies of records or documents maintained on microfilm, microfiche, or other photo-reproductive material of archival quality by the Employees' Retirement System shall be admissible as primary evidence in any legal, judicial, or administrative proceeding or action for the purpose of proving the truth of the contents of the photo-reproduced copies of such records or documents, regardless of any rule of evidence or law relating to the proof of such matters, provided the Secretary-Treasurer of the Employees' Retirement System of Alabama certifies on such copies offered into evidence that the Employees' Retirement System of Alabama is not in possession of the original and that the copy is a true and correct representation of the original.
(Act 2015-498, §15.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-164 - (Effective November 8, 2016, Subject to Contingencies) Relation to Other Laws.

Section 12-18-164
(Effective November 8, 2016, subject to contingencies) Relation to other laws.
No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this article, except as to provisions for coverage under the federal Social Security Act, as may be provided by state and federal laws.
(Act 2015-498, §16.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 7 - Judges' and Clerks' Plan for Retirement. › Section 12-18-165 - (Effective November 8, 2016, Subject to Contingencies) Compliance With Qualification Standards.

Section 12-18-165
(Effective November 8, 2016, subject to contingencies) Compliance with qualification standards.
The Board of Control is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the plan as may be necessary to ensure the plan's compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
(Act 2015-498, §17.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-1 - State Responsibility for Operating Expenses of Unified Judicial System Generally; Supplementation of State Expenditures by Counties.

Section 12-19-1
State responsibility for operating expenses of Unified Judicial System generally; supplementation of state expenditures by counties.
Except as otherwise provided in this chapter, the operating expenses of the Unified Judicial System, exclusive of the expenses of probate courts and municipal courts, shall be paid by the state.
Counties may supplement state expenditures as provided by law.
(Acts 1975, No. 1205, p. 2384, §16-101.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-2 - Continuation of Financial Support by Counties From January 16, 1977, Through September 30, 1977.

Section 12-19-2
Continuation of financial support by counties from January 16, 1977, through September 30, 1977.
(a) All counties shall continue from January 16, 1977, through September 30, 1977, to support court services within their respective counties at not less than the same level of expenditures for such court services during the fiscal year ending September 30, 1976; provided, that the county level of expenditure for court services may be decreased to the extent and for individual items, formerly paid by the county, assumed by the state on January 16, 1977.
(b) All authorized appropriations for court services of any kind, including but not limited to, county solicitors, assistant district attorneys and other prosecution and defense expenses, in effect on January 15, 1977, for county courts to be abolished and replaced by district courts and for circuit courts, shall continue to be provided by the counties from January 16, 1977, through September 30, 1977, for district and circuit court services.
(Acts 1975, No. 1205, p. 2384, §4-132.)