reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 2 - Supernumerary Circuit Court Reporters. › Section 12-17-290 - Qualifications for Becoming Supernumerary Reporter.

Section 12-17-290
Qualifications for becoming supernumerary reporter.
While in service as an official circuit court reporter of the State of Alabama, any such reporter who is not a participating member of the Employees' Retirement System of Alabama:
(1) Who has a minimum of 12 years as a reporter of any probate court having equity jurisdiction or any circuit court of any one or more circuits of Alabama, the last 10 years of which must have been served as an official court reporter of any one or more circuits of Alabama, and who has become permanently and totally disabled, proof of such disability being made by certificate of three reputable physicians; or
(2) Who has a minimum of 15 years service as official circuit court reporter in any one or more circuits of Alabama and who is not less than 60 years of age; or
(3) Who has total service as an official circuit court reporter in any one or more circuit courts of Alabama of not less than 24 years, may elect to become a supernumerary circuit court reporter of the State of Alabama by filing a written declaration to that effect with the Chief Justice of the State of Alabama. If the Chief Justice of the State of Alabama shall find that any such declarant is qualified under either subdivision (1), (2) or (3) of this section, he shall notify the Secretary of State of such fact, who shall thereupon issue a commission as supernumerary circuit court reporter of the State of Alabama to such declarant.
(Acts 1961, No. 817, p. 1204, §1; Acts 1965, No. 570, p. 1055; Acts 1967, No. 759, p. 1614; Acts 1987, No. 87-777, p. 1525, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 2 - Supernumerary Circuit Court Reporters. › Section 12-17-291 - Oath, Powers and Duties of Supernumeraries.

Section 12-17-291
Oath, powers and duties of supernumeraries.
Such supernumerary circuit court reporter shall take the oath of office prescribed by the Constitution for judicial officers and shall have and exercise all the duties, power and authority of official circuit court reporters of the circuit courts of Alabama and shall, upon request of the circuit judge or presiding judge of the circuit wherein said supernumerary circuit court reporter resides, attend any regular, adjourned or special session of the circuit court thereof.
(Acts 1961, No. 817, p. 1204, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 2 - Supernumerary Circuit Court Reporters. › Section 12-17-292 - Term; Compensation.

Section 12-17-292
Term; compensation.
(a) Every supernumerary court reporter shall serve for life and receive annually a salary equal to 50 percent of the state salary payable to the highest paid official court reporter, unless the salary paid to the highest paid official court reporter becomes less than the salary of the official court reporter upon which the salary for a supernumerary court reporter was previously based, and then the salary paid to the supernumerary court reporter may not be reduced on account thereof.
(b) The salary payable to a supernumerary court reporter shall be paid out of the State Treasury as other salaries are paid, but a supernumerary court reporter designated to perform services as a court reporter in court shall be compensated, in lieu of the salary specified in subsection (a), in like manner and as official court reporters are paid, for the duration of his or her services in court.
(Acts 1961, No. 817, p. 1204, §3; Acts 1967, No. 753, p. 1607; Acts 1975, No. 1205, p. 2384, §7-110; Acts 1987, No. 87-777, p. 1525, §3; Act 2018-148, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 2 - Supernumerary Circuit Court Reporters. › Section 12-17-293 - Appropriation for Salaries.

Section 12-17-293
Appropriation for salaries.
There is appropriated out of any funds in the State Treasury not otherwise appropriated such sum or sums as may be necessary to pay the salaries of supernumerary circuit court reporters provided for and commissioned under this division.
(Acts 1961, No. 817, p. 1204, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 10 - Bailiffs. › Section 12-17-310 - Existing Positions Continued; Authorization of Additional Positions by Administrative Director of Courts.

Section 12-17-310
Existing positions continued; authorization of additional positions by Administrative Director of Courts.
Positions for bailiffs existing on October 10, 1975, shall continue as provided by law. Additional positions for bailiffs in the circuit and district court may be authorized by the Administrative Director of Courts upon recommendation of presiding circuit judges. Bailiffs, when authorized, shall be confidential employees employed by and serving at the pleasure of the judge in whose court they serve.
(Acts 1975, No. 1205, p. 2384, §7-107.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 10 - Bailiffs. › Section 12-17-311 - Number and Compensation.

Section 12-17-311
Number and compensation.
The number of bailiffs and the rate of compensation for each bailiff shall be established and fixed by the Administrative Director of Courts upon recommendation of the presiding circuit judge.
(Acts 1977, No. 20, p. 28; Acts 1978, No. 821, p. 1207, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 12 - Secretaries. › Section 12-17-340 - Judicial Secretaries.

Section 12-17-340
Judicial secretaries.
(a) Classified positions of secretaries existing under local government merit systems. Classified positions of secretaries existing under local government merit systems in those circuits having 15 or more circuit judges, serving the courts on October 10, 1975, shall be subject to the provisions of the State Merit System and all other benefits applicable to state employees; provided, that they shall have the retirement benefit options described in subdivision (b) (2) of Section 12-17-4.
(b) Additional confidential secretaries. In circumstances other than those provided in subsection (a) of this section, each circuit and district court judge may employ a confidential secretary without regard to civil service qualifications or regulations, to serve at the pleasure of the judge. However, before the appointment thereof, the Administrative Director of Courts shall certify to the state Comptroller and presiding circuit judge of the respective circuit that such a secretary is needed. The compensation of confidential secretaries shall be fixed by the Administrative Director of Courts.
(Acts 1975, No. 1205, p. 2384, §7-107.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 12 - Secretaries. › Section 12-17-341 - Secretaries for Clerks.

Section 12-17-341
Secretaries for clerks.
(a) Positions authorized and existing on June 1, 1975. Each circuit clerk who is authorized the position of confidential or private secretary as of June 1, 1975, shall be entitled to keep such position. Such confidential secretary shall be appointed and serve at the pleasure of the circuit clerk, shall be entitled to all rights, privileges and benefits of merit system employees and shall be paid from the same fund as merit system employees, without regard to merit system qualifications or regulations, at the highest rate of pay that an employee of the circuit clerk in his circuit is entitled to receive.
(b) Additional confidential secretaries. Each circuit clerk may employ a confidential secretary subject to the merit system for pay purposes only, to serve at the pleasure of the circuit clerk. However, before the appointment of such a secretary, not serving on June 1, 1975, the Administrative Director of Courts shall certify to the state Comptroller and presiding circuit judge of the respective circuit that such a secretary is needed; provided, that the job positions so authorized shall not become effective until the necessary appropriations have been provided.
(Acts 1975, No. 1205, p. 2384, §7-107.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-1 - Judicial Retirement Fund Created; Composition of Fund.

Section 12-18-1
Judicial Retirement Fund created; composition of fund.
(a) There is hereby created and established a continuing fund to be known as the Judicial Retirement Fund.
(b) The fund shall be made up from contributions from justices of the Supreme Court, supernumerary justices of the Supreme Court, judges of the Court of Civil Appeals, judges of the Court of Criminal Appeals, judges and supernumerary judges of the circuit courts of the state, district judges and probate judges and from a yearly sum to be paid into such fund from the General Fund in the State Treasury in such amount as shall be sufficient to carry out the provisions of this chapter.
(Acts 1973, No. 1163, p. 1948, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-2 - Administration of Fund; Disbursement of Funds; Appeals From Decisions of Board of Control.

Section 12-18-2
Administration of fund; disbursement of funds; appeals from decisions of Board of Control.
(a) The Judicial Retirement Fund shall be administered by the Secretary-Treasurer of the State Employees' Retirement System under the supervision of the Board of Control of the said State Employees' Retirement System, and said board of control shall be the trustee of such fund and shall handle such fund in the same manner and pursuant to the same rules and regulations that it handles funds in the State Employees' Retirement System.
(b) The State Comptroller shall issue warrants for the disbursement of such fund in the same manner that he issues warrants for the disbursement of funds of the State Employees' Retirement System.
(c) Any justice or judge or spouse and/or child of a justice or a judge who is aggrieved by any decision of the Board of Control shall have the right to appeal to the Supreme Court of Alabama, where the Supreme Court shall hear said appeal de novo.
(Acts 1973, No. 1163, p. 1948, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-3 - Appropriation of Moneys by Legislature for Judicial Retirement Fund; Payment of State Contributions to Fund in Event of Failure of State to Appropriate Moneys, etc., for Fund.

Section 12-18-3
Appropriation of moneys by Legislature for Judicial Retirement Fund; payment of state contributions to fund in event of failure of state to appropriate moneys, etc., for fund.
The Legislature from time to time shall appropriate sufficient moneys out of the General Fund of the State Treasury to sufficiently provide for the provisions of this chapter. The amount paid from the General Fund into the Judicial Retirement Fund annually shall not be less than the yearly contributions paid by all members.
Should the Legislature fail to appropriate moneys or sufficient moneys for the Judicial Retirement Fund, then the contributions from the state out of the General Fund to be paid into the Judicial Retirement Fund shall be paid out of moneys appropriated to the account designated for salaries of supernumerary justices and judges; provided, however, that such payments shall not adversely affect the amounts paid to any supernumerary justice or judge.
(Acts 1973, No. 1163, p. 1948, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-4 - Entitlement to Retirement and Receipt of Pension of Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts Generally; Retirement Order.

Section 12-18-4
Entitlement to retirement and receipt of pension of justices of Supreme Court, judges of courts of appeals and judges of circuit courts generally; retirement order.
Every justice of the Supreme Court, judge of one of the courts of appeals or judge of a circuit court of the state who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension as hereinafter provided. Such retirement shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request of the member to be retired or on an order signed by a majority of the members of the Supreme Court.
(Acts 1973, No. 1163, p. 1948, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-8.1 - Time of Service as Full-Time State Prosecutor, etc., May Be Credited as Time in Judicial Position With Judicial Retirement System.

Section 12-18-8.1
Time of service as full-time state prosecutor, etc., may be credited as time in judicial position with Judicial Retirement System.
Any justice of the Supreme Court or judge of one of the courts of appeals or any circuit court judge holding office on or before June 1,1976, who has time of service as a full-time state prosecutor or assistant state prosecutor in any circuit of the state, or who had time of service as an attorney for the State Milk Control Board, shall be entitled to have such time of service, regardless of whether or not such time of service was continuous, treated as time of service in the judicial position he holds on or before June 1, 1976, with the Judicial Retirement System; provided, however, that such time of service does not exceed five years; provided also that such justice or judge shall pay into the Judicial Retirement Fund of Alabama a sum equal to six percent of his then annual salary for each year of such service that he elects to count toward judicial retirement; provided further that such election and payment shall be made to the Secretary-Treasurer of the Employees' Retirement Systems of Alabama within one year from June 1, 1981. Should the records of the Employees' Retirement Systems of Alabama fail to reflect the position held thereunder and for which credit is sought under the provisions of this section, affidavit from one disinterested person that such position was that of a full-time prosecutor or assistant prosecutor of any circuit in this state, or as an attorney for the State Milk Control Board, shall suffice as proof thereof.
(Acts 1982, No. 82-428, p. 676.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-8.2 - Eligibility for Retirement of Circuit Judges; Credit for Former Service in Executive Department of State; Credit for Service as Full-Time Assistant District Attorney, Deputy District Attorney or Assistant Attorney General.

Section 12-18-8.2
Eligibility for retirement of circuit judges; credit for former service in executive department of state; credit for service as full-time assistant district attorney, deputy district attorney or assistant attorney general.
(a) Any circuit judge who is an active and contributing member of the Judicial Retirement Fund of Alabama and has been such a member since February 1, 1977, and who has had full-time service as an administrative assistant and/or an executive assistant in the executive department of the state, or who had former service as a full-time assistant district attorney, a deputy district attorney or an assistant attorney general regardless of whether or not such time of service was continuous, may hereby claim and purchase credit in the judicial retirement fund for up to three years of such time of service.
(b) Any circuit judge eligible to claim and purchase credit for such service under subsection (a) shall be awarded such credit provided that such judge shall pay into the Judicial Retirement Fund of Alabama a sum of money which is equal to both the judge's and the state's annual contribution into the fund at the time of election to purchase aforesaid credit multiplied by each year or fraction thereof of such service credit claimed; provided further that such election and payment shall be made to the Secretary-Treasurer of the Employees' Retirement Systems of Alabama, administrator of the Judicial Retirement Fund, within one year from September 20, 1991, and prior to said judge's date of retirement.
(c) The provisions of this section to reopen the Judicial Retirement Fund for such service credit shall terminate one year from September 20, 1991, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to such date.
(Acts 1991, 1st Ex. Sess., No. 91-795, p. 190, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-8.3 - Restoration of Prior Creditable Service; Participation in Other Public Retirement Systems.

Section 12-18-8.3
Restoration of prior creditable service; participation in other public retirement systems.
Notwithstanding any other provisions in this chapter, any judge who is currently a member of the Judicial Retirement Fund or who becomes a member of the Judicial Retirement Fund at a future date, who had previously withdrawn his or her funds from the Judicial Retirement Fund or whose account had been terminated due to a five-year absence shall have restored to him or her all creditable service if the judge completes two years of contributing membership service after he or she again becomes a member of the retirement fund and subsequently repays to the Secretary-Treasurer of the Judicial Retirement Fund the amount previously returned to him or her including compounded interest of eight percent to the date of repayment, prior to the date of retirement of the member.
Notwithstanding the foregoing provisions, any member who elects to purchase credit for withdrawn service shall be eligible to purchase the credit only to the extent that the member does not have credit established with any other public retirement system for the period of service. Should any member have established part credit with another public retirement system for any period of withdrawn service, then the member shall only be eligible to purchase that portion of the withdrawn service for which the member does not otherwise have credit. In determining credit with other public retirement systems, coverage under the federal Social Security program shall not be considered. The provisions of this section that allow creditable service to be restored for previously withdrawn service shall terminate February 1, 1998, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to February 1, 1998.
(Acts 1997, No. 97-670, p. 1293, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-9 - Offices Deemed Vacant Upon Retirement of Justices of Supreme Court, Judges of Courts of Appeals or Judges of Circuit Courts; Filling of Vacancies.

Section 12-18-9
Offices deemed vacant upon retirement of justices of Supreme Court, judges of courts of appeals or judges of circuit courts; filling of vacancies.
Whenever a justice of the Supreme Court or judge of one of the courts of appeals or judge of a circuit court of the state retires pursuant to this article the office then held by him shall become vacant, and the vacancy shall be filled as provided by Constitutional Amendment No. 328 or other applicable provisions of the Constitution.
(Acts 1973, No. 1163, p. 1948, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-11 - Crediting to Circuit Court Judges Toward Retirement of Prior Service for Which Entitled to Credit Toward Supernumerary Status in Position Other Than as Circuit Judge.

Section 12-18-11
Crediting to circuit court judges toward retirement of prior service for which entitled to credit toward supernumerary status in position other than as circuit judge.
Any judge of a circuit court holding office on September 18, 1973 who is entitled to credit for prior service toward earning supernumerary status in a position other than as a circuit judge shall be entitled to have all such service credited toward retirement status under this article, provided he does so within three years from September 18, 1973, by notifying the Supreme Court in writing of the service for which he is at that time entitled to credit toward obtaining supernumerary status and for which he desires credit toward retirement under the Judicial Retirement Fund provided by this article. Upon receipt of such notice the Supreme Court shall make a judicial determination of the amount of such credit to which such judge is entitled and shall notify the board of control of the State Employees' Retirement System of this determination, and such service shall be credited to such judge's retirement benefits and shall be counted as time of service as a circuit judge under this article.
(Acts 1973, No. 1163, p. 1948, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-12 - Applicability of Provisions of Article to Future Additional State Judicial Offices.

Section 12-18-12
Applicability of provisions of article to future additional state judicial offices.
Should there hereafter be created a different or additional state judicial office, for which officeholders receive compensation from the State Treasury, then the provisions of this article shall be applicable to such state judicial officeholders; provided, however, that if the different or additional office is an appellate position, then the provisions applicable to a judge of the Court of Criminal Appeals or Court of Civil Appeals shall be applicable to such different or additional judicial office; and, if the different or additional judicial office is a trial position, then the provisions of this article applicable to a circuit judge shall be applicable to the different or additional judicial position.
(Acts 1973, No. 1163, p. 1948, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-13 - Construction of Article.

Section 12-18-13
Construction of article.
The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith.
(Acts 1973, No. 1163, p. 1948, §13.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally. › Section 12-18-14 - Compliance With Qualification Standards.

Section 12-18-14
Compliance with qualification standards.
The Board of Control of the Employees' Retirement System of Alabama 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 retirement fund as may be necessary to ensure the Judicial Retirement Fund's compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
(Act 98-385, p. 732, §10 (c).)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 2 - Supernumerary Justices of Supreme Court and Circuit Court Judges. › Section 12-18-30 - Right of Election of Justices of Supreme Court and Judges of Circuit Courts Becoming Supernumerary Justices or Judges Prior to September 18, 1973, to Come Under Provisions of Article 1 of Chapter; Filing of Instrument as to Election With Clerk of Supreme Court.

Section 12-18-30
Right of election of justices of Supreme Court and judges of circuit courts becoming supernumerary justices or judges prior to September 18, 1973, to come under provisions of Article 1 of chapter; filing of instrument as to election with Clerk of Supreme Court.
Any former justice of the Supreme Court or judge of any of the several circuit courts of this state who became a supernumerary justice or judge under the applicable laws of this state prior to September 18, 1973, may elect to come under the provisions of Article 1 of this chapter by filing with the Clerk of the Supreme Court of Alabama, within one year after October 1, 1976, an instrument in writing electing to come under the provisions of Article 1 of this chapter.
(Acts 1975, No. 1205, p. 2384, §6-111.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 2 - Supernumerary Justices of Supreme Court and Circuit Court Judges. › Section 12-18-31 - Contribution for Payment of Benefits to Spouse of Supernumerary Justice of Supreme Court Upon Death Thereof.

Section 12-18-31
Contribution for payment of benefits to spouse of supernumerary justice of Supreme Court upon death thereof.
A supernumerary justice of the Supreme Court who desires that his spouse receive after his death the benefits provided in subsection (c) of Section 12-18-10 must, at the time of the filing of the instrument showing his election to come under the provisions of Article 1 of this chapter, pay into the judicial retirement fund an amount of money equal to the largest sum heretofore paid into that fund by a now retired justice of the Supreme Court between September 18, 1973, and the date of his retirement.
(Acts 1975, No. 1205, p. 2384, §6-112.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 2 - Supernumerary Justices of Supreme Court and Circuit Court Judges. › Section 12-18-32 - Contribution for Payment of Benefits to Spouse of Supernumerary Circuit Court Judge Upon Death Thereof.

Section 12-18-32
Contribution for payment of benefits to spouse of supernumerary circuit court judge upon death thereof.
A supernumerary judge of a circuit court who desires that his spouse receive, after his death, the benefits provided in subsection (c) of Section 12-18-10 must, at the time of the filing of the instrument showing his election to come under the provisions of Article 1 of this chapter, pay into the judicial retirement fund an amount of money equal to the largest sum heretofore paid into that fund by a now retired circuit court judge between September 18, 1973, and the date of his retirement.
(Acts 1975, No. 1205, p. 2384, §6-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 2 - Supernumerary Justices of Supreme Court and Circuit Court Judges. › Section 12-18-33 - Surviving Spouses' Election to Obtain Benefits Under Provisions of Article 1 of Chapter; Payment to Judicial Retirement Fund by Surviving Spouse at Time of Election.

Section 12-18-33
Surviving spouses' election to obtain benefits under provisions of Article 1 of chapter; payment to Judicial Retirement Fund by surviving spouse at time of election.
The surviving spouse of any justice or judge, active or supernumerary, who died at any time before the expiration of one year from October 1, 1976, is authorized to elect to come under the provisions of Article 1 of this chapter and obtain the benefits thereof for spouses. Such election is to be manifested in the same manner and within the same time provided in Sections 12-18-30 through 12-18-32 for the election by a supernumerary justice or judge; except, that in cases of death of justices or judges, active or supernumerary, during the last six months of the year following October 1, 1976, an election by a surviving spouse shall be made within six months from the death of the deceased justice or judge.
The surviving spouse must, at the time of making the election, pay into the Judicial Retirement Fund a sum which would equal the amount required in this article to be paid by a supernumerary justice or judge electing at the time to come under the provisions of subsection (c) of Section 12-18-10.
(Acts 1975, No. 1205, p. 2384, §6-114.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 2 - Supernumerary Justices of Supreme Court and Circuit Court Judges. › Section 12-18-34 - Effective Date.

Section 12-18-34
Effective date.
The provisions of this article shall become effective on October 1, 1976. No contributions shall be paid, no elections shall be made and no benefits shall accrue under the provisions of this article until October 1,1976.
(Acts 1975, No. 1205, p. 2384, §18-103.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 2A - Eligibility Requirements. › Section 12-18-40 - Retirement at Age 60; Computation; Cost-of-Living; Prior Service.

Section 12-18-40
Retirement at age 60; computation; cost-of-living; prior service.
On or after July 30, 1979, any person assuming office for the first time as a justice of the Supreme Court, judge of a court of appeals or a circuit judge, shall receive and be entitled to all retirement benefits prescribed in Title 12, Chapter 18, Articles 1 and 2, except as follows:
(1) The provisions of subdivisions (3) and (5) of both subsections (a) and (b) of Section 12-18-6, to the contrary notwithstanding, except for disability, no such justice or judge shall be eligible to receive judicial service retirement pay prior to attaining 60 years of age.
(2) The retirement pay or benefit of each such justice or judge shall be based and computed pursuant to the provisions of Section 12-18-10, at the percentage rate therein prescribed of his final salary received from the state at the time of retirement. Retired justices and judges coming under this article shall be entitled to receive cost-of-living increases in their retirement pay equal to any cost-of-living increment received by retired state employees from the State Employees Retirement System, as provided by the Legislature from time to time.
(3) The provisions of Section 12-18-8, to the contrary notwithstanding, no credit for prior creditable service shall be claimed by such justice or judge for inclusion toward judicial retirement except prior creditable service as a judge.
(4) In order for any person, electing to retire under the provisions of this article, to receive benefits authorized for the judicial office in which he is serving at the time of retirement, he must have served not less than one full term, or a time equal to a full term, in such office; if such person has served for a lesser period in such office, he shall only be entitled to retire in, and receive the benefits for, any previous judicial office in which he shall have served for not less than one full term, or a time equal to a full term, such person otherwise having attained the number of years of creditable service and age for such retirement, including all service in the office held at the time of retirement.
(Acts 1979, No. 79-566, p. 1015, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 2A - Eligibility Requirements. › Section 12-18-41 - Prior Creditable Service as District or County Court Judge.

Section 12-18-41
Prior creditable service as district or county court judge.
Any person with service as a judge of a district court who assumes the office of circuit judge or as a justice of the Supreme Court or judge of a court of appeals shall be entitled to receive creditable service for such time served as judge of a district or county court for inclusion toward retirement under Title 12, Chapter 18, Articles 1 and 2.
(Acts 1979, No. 79-566, p. 1015, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-50 - Entitlement to Retirement and Receipt of Pension of District Judges Generally; Retirement Order.

Section 12-18-50
Entitlement to retirement and receipt of pension of district judges generally; retirement order.
Every district 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 and upon the request of the district judge to be retired or on an order signed by a majority of the members of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §4-119.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-51 - Right of Election of Judges of County Courts or Full-Time Municipal Court Judges Entitled to Receive Commissions as District Judges to Come Under Provisions of Article 1 of Chapter; Filing of Notice of Election With Clerk of Supreme Court, Secretary-Treasurer of Judicial Retirement Fund and Governing Body of County or Municipality; Applicability of Provisions of Article 1 of Chapter to District Court Judges Elected or Appointed to Office After October 10, 1975.

Section 12-18-51
Right of election of judges of county courts or full-time municipal court judges entitled to receive commissions as district judges to come under provisions of Article 1 of chapter; filing of notice of election with Clerk of Supreme Court, Secretary-Treasurer of Judicial Retirement Fund and governing body of county or municipality; applicability of provisions of Article 1 of chapter to district court judges elected or appointed to office after October 10, 1975.
(a) Each judge of a county court or full-time municipal court judge entitled to receive a commission as a district judge pursuant to the Constitution shall have a right to elect to come under the provisions of Article 1 of this chapter in accord with the provisions of this article, but a full-time municipal court judge shall not be entitled to credit to determine eligibility for retirement under Section 12-18-55 for any service prior to such election.
(b) Such election shall be made by written notice filed within 30 days from the issuance of the commission with the Clerk of the Supreme Court and the Secretary-Treasurer of the Judicial Retirement Fund. Each such judge of a county court shall also file notice of such election with the county commission of the county in which he resides. Each such full-time municipal court judge shall also file such notice with the governing body of the municipality ceasing to have a city or municipal court.
(c) Each district judge elected or appointed to office after October 10, 1975, shall come under the provisions of Article 1 of this chapter as a matter of law.
(Acts 1975, No. 1205, p. 2384, §4-117.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-52 - Contributions to Retirement Fund by Judges.

Section 12-18-52
Contributions to retirement fund by judges.
After January 16, 1977, each district judge who comes under the provisions of Article 1 of this chapter by election or by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of his annual compensation paid by the State of 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. Such percentages shall be deducted by the state Comptroller from each such judge's salary and paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the judge from whose salary it was deducted.
The Supreme Court of Alabama may provide that the state shall pickup member contributions to the Judicial Retirement Fund, as required by Section 12-18-5 and this section, on behalf of all appellate justices or judges, circuit and district judges who participate in the judicial retirement fund and that the counties shall pickup member contributions to the Judicial Retirement Fund, as required by Section 12-18-81, on behalf of all probate judges who participate in the Judicial Retirement Fund, by a corresponding reduction in the salary of the member, such pickup 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, §4-118; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §4; Acts 1982, No. 82-417, p. 628, §2; Act 2011-676, p. 1805, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-53 - Payment Into Judicial Retirement Fund of Moneys Previously Paid Into Retirement Funds for Benefit of Judges by Counties or Municipalities; Crediting to Judges of Such Payments.

Section 12-18-53
Payment into Judicial Retirement Fund of moneys previously paid into retirement funds for benefit of judges by counties or municipalities; crediting to judges of such payments.
When a district judge elects to come under the provisions of Article 1 of this chapter, all money paid by the county or municipality into a retirement fund for the benefit of such judge shall immediately be paid into the Judicial Retirement Fund on account of the judge electing to come under the article, and the same shall be credited to him under the rules and regulations applicable to similar contributions under the Employees' Retirement System of Alabama.
(Acts 1975, No. 1205, p. 2384, §4-127.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-54 - 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 12-18-54
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 district judge be terminated prior to the time said judge is entitled to receive retirement benefits under this article, such 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, regulations and rates applicable to similar refunds of contributions under the Employees' Retirement System; provided, that should such 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 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 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, §4-128.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-56 - Filing of Notice of Intention to Retire With Chief Justice of Supreme Court by District Judge; Endorsement and Forwarding Thereof by Chief Justice.

Section 12-18-56
Filing of notice of intention to retire with Chief Justice of Supreme Court by district judge; endorsement and forwarding thereof by Chief Justice.
Any judge of the state who desires to be retired pursuant to this article shall file a written notice of election to retire 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, §4-121.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-57 - Office Deemed Vacant Upon Retirement of Judge; Filling of Vacancy.

Section 12-18-57
Office deemed vacant upon retirement of judge; filling of vacancy.
When a district 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, §4-126.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-58 - Judges' Retirement Benefits.

Section 12-18-58
Judges' retirement benefits.
The annual retirement benefit payable to a judge retiring pursuant to subdivisions (2) through (5) of subsection (a) of Section 12-18-55 shall be 75 percent of the salary payable by the state to district judges on the date such judge retires. Retired district judges shall also be entitled to receive cost-of-living increases in their retirement pay equal to any cost-of-living increment received by retired state employees from the State Employees' Retirement System, as provided by the Legislature from time to time. District judges retirement benefits shall be payable monthly for the life of the beneficiary and shall not be subject to writs of attachment or garnishment.
(Acts 1975, No. 1205, p. 2384, §4-122; Acts 1988, No. 88-164, p. 264, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-58.1 - Applicability of Sections 12-18-55 and 12-18-58.

Section 12-18-58.1
Applicability of Sections 12-18-55 and 12-18-58.
The provisions of Sections 12-18-55 and 12-18-58 shall only apply to those district judges retiring on or after October 1, 1986. Any district judge who retired prior to October 1, 1986, shall be entitled to the benefits provided by law on the date of retirement, and shall also be entitled to receive cost-of-living increases received by retired state employees as may be provided by the Legislature after April 7, 1988.
(Acts 1988, No. 88-164, p. 264, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-59 - Judges' Disability Benefits.

Section 12-18-59
Judges' disability benefits.
Any judge retiring pursuant to subdivision (1) of subsection (a) of Section 12-18-55 who has served for 10 years shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable to the state for the position held at the time of retirement. A disabled judge who has served less than 10 years shall be entitled to receive a monthly benefit equal to 25 percent of the salary payable by the state for the position held at the time of retirement plus 10 percent of such salary for each year of service in excess of five years; provided, that in no event shall such judge receive less than 30 percent of the annual salary being paid to a full-time district court judge by the state at the time of his retirement.
(Acts 1975, No. 1205, p. 2384, §4-124.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-60 - Payment of Benefits to Spouses Upon Death of Judges.

Section 12-18-60
Payment of benefits to spouses upon death of judges.
After the death of any district judge, who, while serving as an intermediate court judge or as a district judge, has contributed or paid into a county retirement system or to a state retirement system for a minimum of five years, his spouse shall receive a yearly benefit from the state equivalent to three percent of the salary payable from the State Treasury prescribed by law for his former position as a district judge or as an intermediate court judge, as the case may be, for each year of service not to exceed 30 percent of such salary, payable monthly for the remainder of such spouse's life or until their remarriage.
(Acts 1975, No. 1205, p. 2384, §4-123; Acts 1988, No. 88-164, p. 264, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-60.1 - Applicability of Section 12-18-60.

Section 12-18-60.1
Applicability of Section 12-18-60.
The provisions of Section 12-18-60 shall be applicable to all persons now receiving district judge's spousal benefits or who may be entitled to such benefits prior to April 7, 1988.
(Acts 1988, No. 88-164, p. 264, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 18 - Judicial Retirement. › Article 3 - District Court Judges. › Section 12-18-61 - Call to Active Duty of Retired Judges; Compensation of Retired Judges on Active Duty; Termination of Active Duty.

Section 12-18-61
Call to active duty of retired judges; compensation of retired judges on active duty; termination of active duty.
Any district judge who has retired pursuant to this article may be called by the Chief Justice to temporary active duty in any court.
The salary paid a retired district judge called to active duty shall be the salary paid a district judge in the district from which said district judge retired or the salary paid a resident district court judge in the district to which the judge is assigned, whichever is greater. In no event, however, shall the total compensation paid to a retired district judge on active duty during any calendar year exceed a sum which is $1,000.00 less than the compensation received by a regular judge in the district from which said judge is retired.
Such active duty may be terminated by order of the Chief Justice at any time.
(Acts 1975, No. 1205, p. 2384, §4-125.)