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title-36•Title 36 — Public Officers and Employees
The Governor may appoint commissioners in other states and territories of the United States to take and certify depositions, to receive the acknowledgment and take the proof of conveyances of property within this state and the proof of wills, executed by persons without the state, devising or bequeathing property within this state. Commissioners appointed under this section shall hold office for four years.
(Code 1852, §52; Code 1867, §65; Code 1876, §63; Code 1886, §64; Code 1896, §968; Code 1907, §98; Code 1923, §153; Code 1940, T. 41, §1.)
The official acts of any person in possession of a public office and exercising the functions thereof shall be valid and binding as official acts in regard to all persons interested or affected thereby, whether such person is lawfully entitled to hold office or not and whether such person is lawfully qualified or not, but such person shall be liable to all penalties imposed by law for usurping or unlawfully holding office or for exercising the functions thereof without lawful right or without being qualified according to law.
(Code 1907, §1473; Code 1923, §2583; Code 1940, T. 41, §2.)
Any state official who by law is required to publish an annual, biennial or quadrennial report is authorized to reduce the actual number of printed copies now required by law if, in the opinion of said officer, a decreased number of copies will adequately supply the needs of his department and the public demand; provided, that where more than 500 copies are required by law, the number of printed copies may not be reduced to less than 500 copies.
(Acts 1927, No. 189, p. 190; Code 1940, T. 41, §4.)
(a) Any officer or employee of the State of Alabama, any political subdivision or school district thereof, of any institution supported in whole or in part by the state, a county or a municipality who desires to make a contribution to a community chest or other combination of nonprofit health or welfare agencies shall be permitted to have such contribution deducted from the salary or wage due such officer or employee by filing a written request therefor with the fiscal officer of the state, political subdivision, school district or institution by which such officer or employee is employed.
(b) Upon receipt of such request by the fiscal officer of the state, political subdivision, school district or institution from such officer or employee, such fiscal officer is authorized to issue a warrant or warrants in favor of the designated community chest or other combination of nonprofit health or welfare agencies in such amount as may be designated in such request.
(Acts 1953, No. 763, p. 1025, §1.)
Rrepealed by Acts 1991, No. 91-561, p. 1037, § 8, effective July 1, 1992.
(Acts 1979, No. 79-467, p. 854; Acts 1981, No. 81-692, p. 1163; Acts 1982, No. 82-564, p. 941.)
All laws to the contrary notwithstanding, every political subdivision of this state which employs full-time firefighters shall adopt policies or regulations which will provide for deductions from the salaries of its firefighters or groups of firefighters whenever a written request for such deductions is submitted to the governing body of the (employer) political subdivision. Such deductions shall be made on a monthly basis and shall be remitted to the appropriate company, association or organization as specified by the employees within 10 days following each deduction. Such deductions may be made for, but not limited to, tax sheltered annuities, membership dues, the Public Employees’ Individual Retirement Account Fund, voluntary contributions and group insurance premiums. Deductions for membership dues shall be made based upon membership lists and forms provided by the employees’ organization. Such lists are to be corrected, updated and returned to the employees’ designated organization(s) not later than April 15 of each year. The 1984 dues and voluntary contribution authorized, with appropriate yearly adjustments, shall be deducted for each succeeding year unless the employee revokes the deductions in writing on or before January 2 of that year. Voluntary contributions may be revoked by giving a 30-days notice in writing. New authorization shall be permitted to be added during the months of April, August and December of each year. Upon termination, amounts owed under the authorization of the employee shall be deducted from the employee’s final pay due.
(Acts 1984, No. 84-280, p. 467, § 1.)
(a)(1) Subject to the restrictions of Section 17-17-5, the Comptroller shall adopt statewide policies that provide for deductions from the salaries of state employees or groups of state employees whenever a request is presented to the Comptroller by a group of at least 200 participating state employees; provided, however, that deductions being made as of April 23, 1985, shall continue to be made. The deductions shall be made at least monthly and shall be remitted to the appropriate company, association, or organization as specified by the employees. The deductions may be made for membership dues, voluntary contributions, insurance premiums, and financial instruments offered through state employee membership associations, not to include deferred compensation plans. Any deduction provided under this section may be terminated upon two months’ written notice by a state employee to the appropriate company, association, or organization and to the appropriate payroll clerk or other appropriate officials as specified by the Comptroller.
(2) For the purposes of this subsection, the term “financial instrument” means an executed agreement or contract for the specified terms of repayment. The state bears no liability on repayment between an employee and a financial institution.
(b) The Comptroller may, at his or her discretion, collect from the deductions withheld a cost of administration fee not to exceed one percent of the total deduction collected.
(Acts 1985, No. 85-353, p. 295, §1; Acts 1992, No. 92-216, p. 528, §§1, 2; Act 2025-69, §1.)
The policies adopted by the state Comptroller for deductions from the salaries of state employees or groups of state employees for employee organizations shall provide that the deductions for membership dues and voluntary contributions shall be made based on membership lists and forms provided by the employees’ organization. Such lists are to be corrected and revised annually according to procedures to be established by the state Comptroller. Membership dues and voluntary contributions currently authorized shall continue on an annual basis for the current yearly period and for each succeeding yearly period unless the employee revokes the deduction in writing within 10 days of the next succeeding yearly period. Voluntary contributions may be revoked by giving a 30-day notice in writing. New authorizations shall be permitted on a monthly basis according to procedures to be established by the state Comptroller. Upon leaving state service whether by death, retirement, termination, resignation, leave of absence or other means, payroll deduction of dues and authorized voluntary deductions shall cease. When an employee returns to state service from an approved leave of absence or other temporary leave, payroll deductions and voluntary contributions shall resume unless the employee revokes the deductions in writing. When amounts have been correctly deducted and remitted by the state Comptroller, the state Comptroller shall bear no further responsibility or liability for subsequent transactions.
(Acts 1989, No. 89-804, p. 1604, § 1.)
(a) The payroll clerk or other responsible person in charge of the payroll system, may deduct from the salary or wages of any state officer or employee, an amount specified by the officer or employee for payment to the Foster Care Trust Fund established by Sections 38-10-50 and 38-10-51. The payroll deduction shall be made if the request for the deduction is made in writing, the deduction shall continue in effect unless a new written request is filed according to the requirement of this section, and the pay period during which the deduction is made, the frequency, and the amount of the deduction are compatible with the payroll system.
(b) Moneys deducted pursuant to this section shall be paid monthly to the Alabama Department of Human Resources to be deposited in a separate account specifically for donations for the Foster Care Trust Fund. The deduction may be made notwithstanding that the compensation actually paid to the officer or employee is reduced to an amount below the minimum prescribed by law. Payment to an officer or employee of compensation, less the deduction, shall constitute a full and complete discharge of claims and demands for services rendered by the employee during the period covered by the payment. The request for the deduction may be withdrawn at any time by filing a written notification of withdrawal with the payroll clerk or other responsible official in charge of the payroll system.
(c) Nothing in this section shall be construed to allow deductions for any fund other than the Foster Care Trust Fund.
(Acts 1992, No. 92-604, p. 1252, §§1-3.)
(a) The state Comptroller shall adopt statewide policies which provide for the deductions from the salaries of state employees whenever a request is presented to the state Comptroller by the participating state employee to purchase a computer or computer software. The deductions shall be made at least monthly and shall be remitted to the appropriate company or other legal entity as specified by the participating state employee. The deductions may be made for the purchase of computer software and computer hardware by the state employee under an agreement with the state Comptroller. Any deduction provided under this section may be terminated upon two months’ notice in writing by the participating state employee to the appropriate company or other legal entity and to the appropriate payroll clerk or other appropriate official as specified by the state Comptroller.
(b) Upon leaving state service whether by death, retirement, termination, resignation, leave of absence, or other means, payroll deductions made pursuant to this section shall terminate and any amounts owed under the authorization of the participating state employee shall be deducted from the state employee’s final pay due.
(c) This section is supplemental and shall not be construed to repeal or supersede any law not in direct conflict herewith, including this chapter.
(Act 2001-897, 2001 3rd Sp. Sess., p. 729, §1.)
Any person who is entitled to receive any retirement pay or allowance, pension, survivor’s benefit, disability benefit or other benefit under any retirement system or pension and relief system established for the benefit of employees either of the State of Alabama or any department, agency or institution thereof or of any municipality, county or other subdivision of the state may, at such person’s discretion, decline to accept any portion of the retirement pay or allowance, pension, survivor’s benefit, disability benefit or other benefit which such person is entitled to receive. Each person wishing to exercise the right granted in this section to decline any portion of any such payment, allowance, pension or benefit shall file written notice thereof with the governing authority of the retirement system or pension and relief system in such manner as such authority may prescribe, showing in such notice the amount of such payment, allowance, pension or benefit which such person declines. Upon receipt of such notice, the governing authority of the retirement system or pension and relief system shall cause the payment, allowance, pension or benefit receivable by such person to be reduced in an amount equal to the amount shown in the notice.
All amounts declined and disclaimed in accordance with this section shall accrue to the benefit of the retirement system or pension and relief system and may not, after the disclaimer of any such amount, be reclaimed by the beneficiary thereof; provided, however, that upon receipt of written notice given by any person who has declined any amount of such payment, allowance, pension or benefit, the governing authority of the retirement system or pension and relief system shall cause to be resumed payment of the full amount of such payment, allowance, pension or benefit due such person under the laws, rules and regulations governing the administration of such system.
The board of directors or other like governing authority of each retirement system or pension and relief system established for the benefit of the employees of the State of Alabama, or any department, agency or institution thereof or of any municipality, county or other subdivision of the state shall have authority to make such reasonable rules and regulations as are necessary to carry out the provisions of this section.
(Acts 1956, 2nd Ex. Sess., No. 101, p. 423, §§1, 2.)
(a) Any director or head of a state department, agency, bureau, or division shall allow any state employee under his or her supervision, who operates a motor vehicle in the performance of his or her duties, whether such employee is in travel status or otherwise, and whether the vehicle is state owned or leased or otherwise, to acquire insurance, in the manner provided in subsection (b) of this section, insuring such employee against personal liability arising out of and a proximate consequence of the operation of a motor vehicle by such employee in the performance of his or her duties. Such coverage shall be issued by an insurance company licensed and qualified to do business in this state.
(b) The insurance provided under the provisions of this section shall be acquired by the employee by virtue of an additional condition or rider to a policy of insurance under which the state employee is otherwise insured, provided however, the deductible on said insurance shall not exceed two hundred fifty dollars ($250).
(c) The department, agency, bureau, or division shall reimburse the employee for the actual cost of the required coverage in the form of a rider to the employee’s personal policy. The director or head of the state department, agency, bureau, or division shall have sufficient proof that the employee’s coverage meets the provisions of this section, if current and has been paid before he or she approves any reimbursement to the employee. Such reimbursement shall not exceed the cost of one hundred thousand dollars ($100,000) combined single limit liability insurance nor shall the coverage authorized herein exceed that which is provided to the employee in the personal liability policy of the employee. Such reimbursement, properly documented, may be made by warrant issued by the Comptroller, and such reimbursement may be claimed as a travel expense item, charged against the department or agency, when approved by the director or head thereof. Such required insurance may be purchased without regard to the competitive bid laws of this state.
(d) The term “state employee” as used in this section shall not include any teacher or any employee of any institution of higher learning.
(e) In addition to, and in the same manner as reimbursement for insurance coverage, a state employee shall be reimbursed for insurance deductible and out-of-pocket expenses that result from damages sustained in an accident that occurs in a personal vehicle while that personal vehicle is being used for official state business. The reimbursement shall be made to the state employee within 90 days after the state receives proper documentation demonstrating payment by the employee for damages sustained or associated with the accident.
(Acts 1980, No. 80-754, p. 1559, §§1-4; Acts 1985, 1st Ex. Sess., No. 85-118, p. 164, §1; 2001-479, p. 645, §1.)
(a) The various state agencies, departments, boards, or commissions shall determine and report their needs for liability coverage to the Finance Director, the Insurance Commissioner, and the Attorney General. The Finance Director, with the advice of the Insurance Commissioner and Attorney General, shall then determine the type of blanket policy needed to provide basic coverage for deaths, injuries, or damages arising out of the negligent or wrongful acts or omissions committed by state employees or agents of the state, including retired licensed physicians and dentists while they are voluntarily serving at free health care clinics and individuals serving as foster parents licensed or approved by the Department of Human Resources to maintain homes for a child or children under the supervision of the department or serving as adult foster care providers approved by the Department of Human Resources to provide foster care for adults under the supervision of the Department of Human Resources, while in the performance of their official duties in the line and scope of their employment or duties as foster parents or foster care providers. Any policy of insurance or reinsurance shall be selected by the Finance Director on a competitive bid basis for an initial period of three years with a provision for annual review beginning October 1, 1987.
(b) The Finance Director, with the advice of the Insurance Commissioner and the Attorney General, may provide for self-insurance of the entire state or any part of the state under such terms and conditions as the Finance Director shall determine. Any funds appropriated for the purpose of self-insurance and paid into a special trust account under the provisions of this section shall not revert to the State Treasury at the end of a fiscal year, but may be carried over from year to year provided such funds are not used for any other purpose.
(c) In any action brought in the courts of the State of Alabama or United States wherein a plaintiff seeks damages arising out of the negligent or wrongful acts or omissions committed by state employees or agents of the state, including retired licensed physicians, dentists, and those foster parents and foster care providers specified in subsection (a) herein, while in the performance of their official duties in the line and scope of their employment or duties as foster parents or foster care providers, the plaintiff shall cause the Attorney General of the State of Alabama to be served with a copy of the suit against the employee, agent, or servant of the board, agency, commission, or department.
(d) The charges or costs of the liability insurance or self-insurance provided under the provision of this section shall be paid from the funds appropriated for the operation of the several state departments, agencies, boards, or commissions. The Finance Director may apportion the costs or charges to the several state departments, agencies, boards, or commissions in order to cover the risk involved.
(e) The provisions of this section shall not apply to any educational institution or board in this state.
(f) The State Board of Health, by rule, may establish the qualifications and criteria for retired physicians and dentists to be eligible to participate in professional liability coverage administered by the Department of Finance while serving at free health care clinics under this section. The State Board of Health, by regulation, may also establish the maximum number of retired physicians and dentists who may be provided professional liability coverage and may by regulation establish the maximum amount of funds that may be expended by the Alabama Department of Public Health to pay premiums for such coverage pursuant to this section.
(Acts 1983, No. 83-521, p. 809, §§1-5; Acts 1988, 1st Ex. Sess., No. 88-825, p. 285, §1; Act 2009-748, p. 2266, §1.)
(a) Any instrumentality or agency of the State of Alabama, whose principal activity consists of distributing goods or services by contract with the United States, or any federal governmental corporation, and which are not covered by the provisions of Chapter 29 of this title, shall be subject to all the provisions of this section. Such instrumentality or agency is hereby empowered to purchase and pay for group health, accident or hospitalization insurance coverage for its officers and employees. Such instrumentality or agency is hereby further authorized to contract with the State Employees’ Insurance Board for group health, accident or hospitalization insurance coverage, and under such terms, conditions, and costs as the State Employees’ Insurance Board and the instrumentality or agency shall mutually determine. The cost or premium for such group health, accident or hospitalization insurance shall not be deemed to be compensation to the covered party.
(b) All contracts and policies of group life, health, accident and hospitalization insurance which have been issued prior to July 1, 1991, to any instrumentality or agency defined in subsection (a) for the benefit of its officers and employees are hereby ratified, confirmed, approved and validated. All acts done and all premiums paid by said instrumentality or agency of any such contract or policy are hereby ratified, confirmed, approved and validated.
(Acts 1991, No. 91-448, §§ 1, 2.)
[Repealed]
Repealed by Act 2000-767, §2, 2000 Regular Session, effective August 1, 2000.
(Acts 1981, No. 81-505, p. 867; Acts 1986, Ex. Sess., No. 86-700, p. 106; Acts 1996, No. 96-645, p. 1026, §1.)
(a) There is established the Alabama Employees’ Suggestion Incentive Program for merit and non-merit employees of state government. The program will make financial incentive awards to state employees whose adopted suggestions result in substantial financial savings or improvement in the efficiency of state operations.
(b) There is established the Alabama Employees’ Suggestion Incentive Board, which shall be composed of the Director of Finance, the Governor or his or her designee, and the Executive Director of the Alabama State Employees’ Association.
(c) The board shall adopt rules to govern its proceedings and may adopt any other rules and regulations necessary to implement this section, including specifying classifications of employees for award purposes and excluding any employee classifications from this section.
(d) The board shall elect a chair and secretary, shall maintain a permanent and accurate record of its proceedings, and shall establish criteria for making and approving awards. The board shall meet at least quarterly to evaluate suggestions forwarded to it by state departments and agencies. Departments or agencies shall forward to the board a suggestion submitted by an employee together with the department’s recommendation regarding the suggestion and a calculation of one-time savings, and when possible, the on-going savings that would result from implementation of the suggestion. The department or agency shall not implement an employee suggestion forwarded pursuant to this section until the board approves and authorizes implementation.
(e) Upon approval and implementation of an employee suggestion that is meritorious, the board shall award the employee submitting the suggestion a one-time cash award of one thousand dollars ($1,000). In an exceptional situation, the board may award up to five thousand dollars ($5,000) to an employee for a suggestion or suggestions that result in extraordinary savings or improvement for the state.
(f) No elected official or department head shall be eligible to be a recipient of an incentive award pursuant to this section.
(g) A state department or agency shall implement the employee suggestion within 180 days of the approval notice from the board or provide a written report to the board at that time with specific reasons why the department has not implemented the suggestion.
(h) Beginning with the budget for the fiscal year beginning October 1, 2000, the Legislature shall make an annual appropriation to the board for implementing this section.
(Act 2000-767, p. 1761, § 1.)
(a) No person may require or demand as a condition of continued employment with the State of Alabama that an individual submit to or take a polygraph or similar test.
(b) Any person found guilty of violating subsection (a) shall be guilty of a Class A misdemeanor.
(Acts 1995, No. 95-523, p. 1059, §§1, 2.)
(a) This section shall be known and may be cited as the “Disaster Services Volunteer Leave Act of 1995.”
(b) As used in this section, the following words have the following meanings:
(1) DISASTER. Any disaster designated at level IV and above in the American National Red Cross Regulations and Procedures.
(2) STATE AGENCY. Any department, office, commission, board, institution, or other entity of the state, including but not limited to, the offices of the Clerk of the Supreme Court and clerks of the appellate courts, the several courts of the state, and the Legislature, its committees or commissions.
(c) An employee of a state agency who is a certified Disaster Services Volunteer of the American Red Cross may be granted leave from work with pay not to exceed 15 work days in any 12-month period to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross for the services of that employee and upon the recommendation of the employee’s agency head and with the approval of the Governor, without loss of seniority, pay, vacation time, sick time, or earned overtime accumulation. The employee’s agency shall compensate an employee granted leave under this section at his or her regular rate of pay for those regular work hours during which the employee is absent from work while participating in disaster relief services pursuant to this section. The employee’s agency head shall assure that no loss of agency productivity shall result from such recommended and approved leave.
(Acts 1995, No. 95-550, p. 1059, §§1-3.)
(a) For purposes of this section, the term “public employee” means an individual who is permanently employed by a department, agency, or other instrumentality of, or entity affiliated with, the State of Alabama in which the individual’s compensation is derived in whole or in part from funds appropriated in the State General Fund or Education Trust Fund and who is not otherwise covered under Sections 36-26-36.5 or 11-80-16.1.
(b) A public employee who has at least one year of service may be granted living donor leave with pay for donating an organ or bone marrow, upon fulfillment of the following conditions:
(1) Submission to the employee’s immediate supervisor of a written request for leave, accompanied by written verification from the physician who will be performing the medical procedure.
(2) A recommendation for the leave based on the submission in subdivision (1) by the supervisor.
(3) Approval of the executive who directs the employing instrumentality or entity.
(c) The leave granted may be for no more than 30 days in the case of an organ donation and seven days in the case of a bone marrow donation.
(d) Living donor leave shall be a separate classification of leave which shall not apply to or exhaust an employee’s accrued or available leave under any other leave classification pursuant to rule or policy of the employer.
(e) An employer may not threaten, restrain, coerce, discipline, discharge, terminate, or otherwise retaliate or discriminate against an employee for requesting or using a leave of absence as provided by this section.
(Act 2026-559, §4.)
A state official authorized by federal law or regulation may issue and execute passports in accordance with federal law. A fee prescribed by federal law or regulation shall be paid for each passport issued and the proceeds shall be collected and retained by the state official before whom an application is executed.
(Acts 1997, No. 97-623, p. 1095, §1.)
All persons who are regularly employed by the state and whose pay is seventy-five thousand dollars ($75,000) or less exclusive of benefits shall be permitted to also engage in employment in the private sector if the employment is not specifically prohibited by statute, and if there is no conflict with the state job of the state employee. However, no employee shall engage in employment in the private sector during their scheduled working hours. The entity that employed the state employee shall not do business with or be employed by the department that employs the state employee.
(Act 2003-396, p. 1136, §1.)
(a) For the purposes of this section, “education employee” means a certified or noncertified employee of the State Board of Education or any local board of education and an employee of the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services, or the Alabama School of Mathematics and Science.
(b) An officer, employee, or agent of the state, including, but not limited to, an education employee, acting in his or her official capacity is immune from civil liability in any suit pursuant to Article I, Section 14, of the Constitution of Alabama of 2022.
(c) An officer, employee, or agent of the state, including, but not limited to, an education employee, is immune from civil liability in his or her personal capacity when the conduct made the basis of the claim is based upon the agent’s doing any of the following:
(1) Formulating plans, policies, or designs.
(2) Exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as:
a. Making administrative adjudications.
b. Allocating resources.
c. Negotiating contracts.
d. Hiring, firing, transferring, assigning, or supervising personnel.
(3) Discharging duties imposed on a department or agency by statute, rule, or regulation, insofar as the statute, rule, or regulation prescribes the manner for performing the duties and the state agent performs the duties in that manner.
(4) Exercising judgment in the enforcement of the criminal laws of the state, including, but not limited to, law enforcement officers’ arresting or attempting to arrest persons.
(5) Exercising judgment in the discharge of duties imposed by statute, rule, or regulation in releasing prisoners, counseling or releasing persons of unsound mind, or educating students.
(d) Notwithstanding subsection (c), an education employee, officer, employee, or agent of the state is not immune from civil liability in his or her personal capacity if:
(1) The Constitution or laws of the United States, or the Constitution of this state, or laws, rules, or regulations of this state enacted or promulgated for the purpose of regulating the activities of a governmental agency require otherwise; or
(2) The education employee, officer, employee, or agent acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.
(e) This section shall not be construed to eliminate, alter, or otherwise modify any other immunity regarding officers, employees, or agents of the state established under the Constitution and laws of this state.
(Act 2014-124, p. 204, §1.)
(a) This section shall be known and may be cited as the Alabama Second Amendment Protection Act.
(b) Notwithstanding any provision of law to the contrary, an official, officer, employee, or agent of the state or political subdivision thereof, when acting in an official capacity, may not enforce or administer any executive order issued by the President of the United States which limits or restricts the ownership, use, or possession of firearms, ammunition, or firearm accessories by law-abiding residents of the state. An official, officer, employee, or agent of the state or political subdivision thereof, when acting in an official capacity, shall not be ordered, directed, or compelled to execute or administer the executive order.
(c) No state or local public funds may be expended for the enforcement of any executive order issued by the President of the United States which limits or restricts the ownership, use, or possession of firearms, ammunition, or firearm accessories by law-abiding residents of the state, as described in subsection (b).
(d) The Attorney General may issue guidance to state and local officials to ensure uniform compliance with this section.
(Act 2022-323, §1.)
(a)(1) Any public official or employee of the state or a political subdivision thereof who is under any investigation for committing a felony offense related to or arising out of, or in connection with, the public official’s or employee’s service in his or her public position may use, if otherwise authorized by law, public funds to defend himself or herself unless and until the public official or employee is indicted for that felony offense.
(2) If the public official or employee is indicted for the felony offense, the public official or employee may not use any public funds to pay for his or her legal defense.
(b) Any public official or employee described in subsection (a) who is placed on leave with pay while under investigation, upon conviction for that felony offense, shall be required to pay back all compensation received since the commission of the felony offense.
(Act 2026-333, §2.)
This chapter shall be known as the “Alabama State Employee Combined Charitable Campaign Act.”
(Acts 1991, No. 91-561, p. 1037, §1.)
The Legislature finds that:
(1) It is the policy of the state to lessen the burden of government at both the state and local levels in meeting the needs of human health, welfare and human care services by supporting charitable giving;
(2) There is a need to provide a single convenient channel through which public employees may support charitable fund-raising federations and agencies of their choice while minimizing workplace disruption and administrative cost to Alabama taxpayers;
(3) It is necessary to establish a system to plan and implement one annual charitable fund-raising campaign among state employees in order to ensure that the funds will be collected and distributed in a responsible manner; and
(4) It is the policy of the state to permit time in the working day during the prescribed campaign period sufficient for volunteers to participate in the state campaign, with the approval of the department heads.
(Acts 1991, No. 91-561, p. 1037, §2.)
As used in this chapter the following words have the following meanings:
(1) ALABAMA STATE EMPLOYEE COMBINED CHARITABLE CAMPAIGN (ASECCC). The annual combined charitable fund-raising program established through this chapter to receive and distribute voluntary payroll deduction contributions of state employees.
(2) CHARITABLE FUND-RAISING FEDERATION. A legally constituted grouping of at least 10 health and human care agencies that are bound together to raise and distribute charitable contributions.
(3) AFFILIATED CHARITABLE AGENCY. A charitable agency which is affiliated with a charitable fund-raising federation for the purpose of directly sharing funds raised by the organization.
(4) CHARITABLE AGENCY. A volunteer, not-for-profit organization under federal regulation 26 CFR 1.501(c)(3) which provides health or human care services to individuals.
(5) CAMPAIGN MANAGER. The participating federation, selected by the local agency review committee, responsible for managing the local state employee combined charitable campaign in each local geographic region or campaign community.
(6) CAMPAIGN COMMUNITY. A local geographic region covered by a campaign manager, the exact boundaries determined by a local agency review committee and approved by a state-level steering committee.
(7) STATE EMPLOYEE CAMPAIGN STEERING COMMITTEE. A committee of seven state employees representing top level leadership and rank and file employees; with the three branches of state government represented, with the chair appointed by the Governor, and with staff assistance furnished by the campaign manager in the Montgomery area; responsible for reviewing appeals of local agency review committee decisions and for overseeing, at the state level, the conduct of the State Employee Combined Charitable Campaign.
(8) LOCAL AGENCY REVIEW COMMITTEE (LARC). A group of state employees in each campaign community responsible for: selecting the local campaign manager; determining the geographic boundaries of the campaign community; determining the eligibility of participating agencies; allocating undesignated funds; and overseeing the actual solicitation of state employees in their respective communities.
(Acts 1991, No. 91-561, p. 1037, §3; Acts 1995, No. 95-694, p. 1510, §1.)
(a) The Governor of the State of Alabama shall be the ultimate authority for implementation of the ASECCC, including promulgation of administrative regulations and procedures not covered in this chapter.
(b) The campaign manager shall be selected by the LARC through a bid process and shall be responsible for managing and administering the local ASECCC, and for furnishing staff support to each LARC.
(c) The State Employee Campaign Steering Committee shall be responsible to the Governor and shall have the following duties and responsibilities:
(1) Be responsible for policy, oversight, and implementation of procedures pursuant to this chapter and notifying participating agencies of its rules and procedures pursuant to the administrative code.
(2) Arrange for publication of information about the annual federation and agency application process.
(3) On appeals from applicant federations and agencies, review and rule on decisions made by the LARC in accordance with the administrative code.
(4) Notify in writing each of the appeal federations and agencies of its acceptance or rejection and provide the reason for any rejection, and provide for a hearing process.
(d) The local agency review committee (LARC) shall be chaired by the director of one of the three largest state agencies in each geographic area, with at least two other state employees, selected by the chair, the number to be determined by the chair. Selection of the chair shall be approved by the State Employee Campaign Steering Committee. The LARC shall be responsible for the following:
(1) Selecting through a bid process the local campaign manager.
(2) Determining the boundaries of the local campaign community.
(3) Reviewing applications from federations and agencies electing to participate in the ASECCC and certify that the federation, each affiliated agency, and unaffiliated agencies meet the eligibility criteria set forth in Section 36-1A-5.
(4) Notifying in writing each of the applying local organizations of its acceptance or rejection and of its right to appeal.
(5) Assisting state coordinators in the actual solicitation of state employees in their respective communities.
(Acts 1991, No. 91-561, p. 1037, §4; Acts 1995, No. 95-694, p. 1510, §1.)
(a) Participation in the Alabama State Employee Combined Charitable Campaign shall be limited to voluntary, charitable, health and human care federations and agencies with a substantial local presence that provide or support direct health and welfare services to individuals or their families and meet the criteria set forth in this section. “Substantial local presence” is defined as a facility, staffed by professionals or volunteers, available to provide its services and open at least 15 hours a week. Such services must be available to state employees in the local campaign community, unless they are rendered to needy persons overseas. Such services must directly benefit human beings, whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically handicapped. Such services must consist of care, research, or education in the fields of human health or social adjustment and rehabilitation; relief for victims of natural disasters and other emergencies; or assistance to those who are impoverished and in need of food, shelter, clothing, and basic human welfare services.
(b) For the purposes of the Alabama State Employee Combined Charitable Campaign, basic health and human care service shall not include:
(1) Organizations whose primary purpose is the direct or indirect support of institutions of higher education;
(2) Organizations engaging in litigation activities on behalf of parties other than themselves;
(3) Lobbying; and
(4) Religious activities.
(c) To be included in the Alabama State Employee Combined Charitable Campaign, a charitable federation or agency, in addition to meeting the other requirements in this section, shall:
(1) Be a tax exempt charitable organization and submit a 501(c)(3) exemption from the Internal Revenue Service;
(2) Be incorporated or authorized to do business in this state as a private, nonprofit organization;
(3) Not be a foundation;
(4) Demonstrate to the local agency review committee that at least 60 percent of funds raised locally in each of the two fiscal years preceding its application to participate in a campaign consist of individual contributions from citizens of the state;
(5) Be directed by an active local board which meets at least quarterly, whose members serve without compensation and are residents of the local geographic region served (with the exception of agencies serving the needy overseas);
(6) Adopt and employ the standards of accounting and financial reporting for voluntary health and welfare organizations; prepare and make available to the general public a detailed annual budget; provide for an annual external audit by an independent public accountant and make such audit available to the general public; and provide and make available to the general public an annual report;
(7) Provide programs of services directed at one or more of the common human needs defined in subsection (a) in the State of Alabama or in countries overseas;
(8) Have a stated policy of nondiscrimination and be in compliance with all requirements of law and regulations respecting nondiscrimination and equal employment opportunity with respect to its clients, officers, employees, and volunteers;
(9) (For federations only, with the exception of federations serving the needy overseas): Have raised at least $60,000 at the local level, and distributed that sum among at least 10 charitable agencies in each of its last two fiscal years preceding its application to participate in the campaign; and
(d) A charitable federation or agency shall automatically be eligible to participate if it is currently participating in the State of Alabama employee campaign under the provisions of Section 36-1-4.1, as amended.
(Acts 1991, No. 91-561, p. 1037, §5.)
(a) ASECCC is the only authorized payroll deduction charitable fund-raising effort among state employees.
(b) The state Comptroller and each disbursing officer shall promptly transmit the amounts deducted, and an accounting of the amounts designated to the various charitable fund-raising federations or charitable agencies, to the respective campaign manager who shall be responsible for final distribution of the amounts to the designated organizations or agencies.
(c) The State Employee Campaign Steering Committee shall, from time to time, adopt regulations and procedures necessary to implement the provisions of this chapter.
(d) The undesignated contributions shall be added to the funds designated to each federation or agency and distributed in the same proportion as the federation or agency received designations for all funds contributed to the ASECCC in each campaign community.
(Acts 1991, No. 91-561, p. 1037, §6; Acts 1995, No. 95-694, p. 1510, §1.)
(a) The following persons shall be ineligible to and disqualified from holding office under the authority of this state:
(1) Those who are not qualified electors, except as otherwise expressly provided;
(2) Those who have not been inhabitants of the state, county, district or circuit for the period required by the constitution and laws of the state;
(3) Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery or any other crime punishable by imprisonment in the state or federal penitentiary and those who are idiots or insane;
(4) Those against whom there is a judgment unpaid for any moneys received by them in any official capacity due to the United States, this state or any county or municipality thereof; and
(5) Soldiers, seamen or marines in the regular Army or Navy of the United States.
(b) No person holding an office of profit under the United States shall, during his continuance in such office, hold any office of profit under this state, nor shall any person hold two offices of profit at one and the same time under this state, except constables, notaries public and commissioners of deeds.
(Code 1852, §105; Code 1867, §144; Code 1876, §149; Code 1886, §241; Code 1896, §3056; Code 1907, §1467; Code 1923, §2575; Code 1940, T. 41, §5.)
Any person, being disqualified by law, who by election or appointment enters upon any public office must, on conviction, be fined not less than $100.00.
(Code 1852, §106; Code 1867, §145; Code 1876, §4168; Code 1886, §3968; Code 1896, §5153; Code 1907, §7446; Code 1923, §5038; Code 1940, T. 41, §6.)
All officers must reside in this state and keep their offices in such places as are or may be designated by law.
(Code 1852, §108; Code 1867, §147; Code 1876, §152; Code 1886, §244; Code 1896, §3057; Code 1907, §1468; Code 1923, §2576; Code 1940, T. 41, §7.)
Every state official or officer holding office under the authority of this state and who is paid a salary or receives pecuniary profit for his or her services as such official and whose office or post of duty is located in the Capitol building or in the City of Montgomery may reside or live anywhere within this state.
(Acts 1919, No. 643, p. 888, § 1; Acts 1920, Ex. Sess., No. 1, p. 1, §1; Code 1923, §2577; Code 1940, T. 41, §8; Act 2013-375, p. 1377, §1.)
The failure of any such official to comply with the requirements of Section 36-2-4 shall be ground for impeachment or removal of such official from office in the manner provided by law for the impeachment or removal from office of any such official.
(Acts 1919, No. 643, p. 888, § 2; Acts 1920, Ex. Sess., No. 1, p. 1, § 2; Code 1923, §2578; Code 1940, T. 41, §9.)
The judges of the several courts, the Attorney General, district attorneys, the Secretary of State, the Auditor, the Treasurer, the Commissioner of Agriculture and Industries, the Commissioner of Conservation and Natural Resources, the Public Service Commissioners, the Director of the Department of Revenue, the Director of the Department of Finance, the Commissioner of Corrections, the Director of Industrial Relations, the Director of the State Department of Human Resources, the Clerk of the Supreme Court, the clerks of the circuit courts, the sheriffs, the tax assessors, the tax collectors, the county treasurers, the county commissioners, the constables and all other officers when specifically required by other provisions of law, before entering upon and exercising the duties of their respective offices, must obtain a commission.
(Code 1852, §109; Code 1867, §148; Code 1876, §153; Code 1886, §245; Code 1896, §3058; Code 1907, §1469; Code 1923, §2579; Code 1940, T. 41, §10; Acts 1963, No. 194, p. 584, §1.)
The commission must issue in the name and by the authority of the State of Alabama, must be sealed with the Great Seal and signed by the Governor and countersigned by the Secretary of State, unless it is the commission of the secretary, which must be signed by the Governor.
(Code 1886, §246; Code 1896, §3059; Code 1907, §1470; Code 1923, §2580; Code 1940, T. 41, §11.)
No commissioned officer of this state required by law to give bond shall receive his commission until he has made his bond and had the same properly approved and filed. In all other cases, commissions may issue on the production of the certificate of election to the person therein named.
(Code 1876, §296; Code 1886, §247; Code 1896, §3060; Code 1907, §1471; Code 1923, §2581; Code 1940, T. 41, §12.)
Any state officer required by law to be commissioned who exercises any of the duties of the office to which he has been elected or appointed without having first obtained his commission must, on conviction, be fined not less than $5.00 nor more than $20.00.
(Code 1852, §109; Code 1867, §148; Code 1876, §153; Code 1886, §3938; Code 1896, §5154; Code 1907, §7447; Code 1923, §5039; Code 1940, T. 41, §13.)
All county officers and officers chosen for any portion or district of a county shall be authorized to exercise the duties and functions of the office to which they are elected after they shall have received certificates of their election as provided by law whether they have received their commissions or not, but such officers shall first give the bond, if any, required by law and take the oath of office prescribed by the constitution.
(Code 1907, §1472; Code 1923, §2582; Code 1940, T. 41, §14.)
The Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, and Commissioner of Agriculture and Industries, shall hold their respective offices for the term of four years from the time of their installation in office and until their successors shall be elected and qualified, such installation to take place on the first Monday after the second Tuesday in January next after their election.
(Code 1896, §§3052, 3053; Code 1907, §§1461, 1462; Code 1923, §2566; Code 1940, T. 41, §15; Act 2026-345, §4.)
The Chief Justice of the Supreme Court and associate justices of said court, the judges of the Court of Civil Appeals and the Court of Criminal Appeals, circuit judges, judges of probate courts and clerks of the circuit court and judges of inferior courts, when not otherwise provided for by law, shall hold their respective offices for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.
(Code 1896, §3054; Code 1907, §1463; Code 1923, §2567; Code 1940, T. 41, §16.)
District attorneys shall hold office for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.
(Code 1907, §1465; Code 1923, §2568; Code 1940, T. 41, §17.)
(a) The sheriff, one coroner, members of county commissions, one county treasurer, when elective, and one constable for each election precinct shall hold their respective offices for the term of four years from the first Monday after the second Tuesday of January next after their election and until their successors are elected and qualified, except as provided in subsection (b) hereof.
(b) Beginning with the next term of office for each county commissioner, such term shall expire six days next following the day of the general election at which the successor to that office is elected. Thereafter each such county commissioner shall hold his respective office from 12:01 A.M. of the seventh day next following his election and until his successor is elected and qualified.
(Code 1896, §3055; Code 1907, §1464; Code 1923, §2569; Code 1940, T. 41, §18; Acts 1989, No. 89-301, p. 488, §2.)
There shall be elected at the general election in November a tax assessor for each county in the state, who shall perform such duties as are prescribed by law and whose term of office shall be six years from October 1 next after his election and until his successor is elected and qualified.
(Acts 1943, No. 113, p. 115, § 2.)
There shall be elected at the general election in November a tax collector for each county in the state, who shall perform such duties as are prescribed by law and whose term of office shall be six years from October 1 next after his election and until his successor is elected and qualified.
(Acts 1943, No. 114, p. 115, § 2.)
In all cases in which it is not otherwise provided by law, the oaths of office may be administered by any officer authorized to administer an oath, must be written out and subscribed by the person taking the same and must be accompanied with the certificate of the officer administering such oaths, specifying the day and year on which the same were taken.
(Code 1852, §111; Code 1867, §150; Code 1876, §156; Code 1886, §250; Code 1896, §3063; Code 1907, §1476; Code 1923, §2588; Code 1940, T. 41, §21.)
Such oaths must, when taken by the Governor, any judge of the Supreme Court, judge of the Court of Civil Appeals and the Court of Criminal Appeals, judge of the circuit court, Auditor, Treasurer, Attorney General, district attorney or any other officer whose general duties are not limited to any one county, unless it is otherwise provided, be filed with the certificate required by Section 36-4-1 in the office of the Secretary of State and, when taken by the Secretary of State, must be filed with such certificate in the office of the Auditor.
(Code 1852, §112; Code 1867, §151; Code 1876, §157; Code 1886, §251; Code 1896, §3064; Code 1907, §1477; Code 1923, §2589; Code 1940, T. 41, §22.)
Judges of probate must file their official oaths in the office of the clerk of the circuit court of their respective counties.
(Code 1852, §113; Code 1867, §152; Code 1876, §158; Code 1886, §252; Code 1896, §3065; Code 1907, §1478; Code 1923, §2590; Code 1940, T. 41, §23.)
Judges of other inferior courts and all other officers whose general duties are confined to a single county must, unless otherwise provided, file such oath and certificate in the office of the judge of probate of their respective counties.
(Code 1852, §114; Code 1867, §153; Code 1876, §159; Code 1886, §253; Code 1896, §3066; Code 1907, §1479; Code 1923, §2591; Code 1940, T. 41, §24.)
Whenever any officer is authorized or required to appoint a deputy, such deputy, before he proceeds to act, must take the oath prescribed by the constitution, which must be accompanied with the same certificate, filed in the same office, with the same endorsement thereon, as the oaths of his principal. The provisions of this section shall not apply to any deputy who may be employed in particular cases only.
(Code 1852, §116; Code 1867, §155; Code 1876, §161; Code 1886, §255; Code 1896, §3067; Code 1907, §1480; Code 1923, §2592; Code 1940, T. 41, §25.)
The governing officials of the various cities or towns in this state shall take the oath of office prescribed in the constitution of the state and none other.
(Code 1876, §162; Code 1886, §256; Code 1896, §3068; Code 1907, §1481; Code 1923, §2593; Code 1940, T. 41, §26.)
The officer in whose office such oaths are required to be filed must endorse thereon the day and year on which the same were filed, which endorsement must be signed by him.
(Code 1852, §115; Code 1867, §154; Code 1876, §160; Code 1886, §254; Code 1896, §3069; Code 1907, §1482; Code 1923, §2594; Code 1940, T. 41, §27.)
All of the provisions of this chapter shall apply to the oaths of office of all public officers of this state whose office may be established hereafter, unless the contrary is expressly provided.
(Code 1852, §133; Code 1867, §172; Code 1876, §182; Code 1886, §277; Code 1896, §3091; Code 1907, §1506; Code 1923, §2618; Code 1940, T. 41, §57.)
The official bond of every state official, agent or employee, except the bond of the Secretary of State, must be filed in the office of the Secretary of State and recorded in a fair hand or by printing the same or by the use of a typewriter or other writing or printing or photostatic machine, word for word in a well-bound book or books and indexed in alphabetical order according to the title of the office, and all of said bonds shall remain on file and in the custody of the Secretary of State, except the bond of the Secretary of State, which shall be filed, recorded and remain in the custody of the Auditor.
(Code 1940, T. 41, §33.)
In all cases, official bonds must be filed in the proper office within 40 days after the declaration of election or after the appointment to office, except bonds of tax assessors and tax collectors which shall be filed on or before September 1 next after their election or appointment.
(Code 1852, §124; Code 1867, §163; Code 1876, §174; Code 1886, §270; Code 1896, §3083; Code 1907, §1496; Code 1923, §2608; Acts 1935, No. 194, p. 256, §154; Acts 1935, No. 328, p. 754, §1; Code 1940, T. 41, §45.)
Every official bond of a county or municipal officer, agent or employee required by law to be filed with any public officer must be by such officer recorded word for word in a well-bound book and properly indexed.
(Code 1896, §3084; Code 1907, §1497; Code 1923, §2609; Code 1940, T. 41, §46.)
The Governor, in his discretion, may and, with the approval of the Governor, the governing body or the director or head of any department, institution, commission, bureau or agency may, in their discretion, require a bond in such amount as they may deem necessary of any agent or employee in said department, institution, commission, bureau, board or agency. Said bond shall be payable to the State of Alabama conditioned as other official bonds. The premium on said bonds shall be payable out of the funds of said department, institution, commission, bureau, board or agency. A copy or duplicate of the bond of every agent or employee required to give bond shall be filed in the office of the department, institution, commission, bureau, board or agency requiring same. The original of all such bonds shall be filed and recorded in the office of the Secretary of State as other official bonds are recorded.
(Code 1940, T. 41, §34.)
The bond of each public officer required by law to give bond must, unless it is otherwise provided, be made payable to the State of Alabama, with such sureties as the approving officer is satisfied have the qualifications required by law, with condition, in all cases in which a different condition is not prescribed, faithfully to discharge the duties of such office during the time he continues therein or discharges any of the duties thereof.
(Code 1852, §118; Code 1867, §157; Code 1876, §163; Code 1886, §257; Code 1896, §3070; Code 1907, §1483; Code 1923, §2595; Code 1940, T. 41, §35.)
The approval of all official bonds shall be in writing, endorsed on the bonds, and shall show the day and year on which the same were approved and be signed by the approving officer.
(Code 1852, §119; Code 1867, §158; Code 1876, §169; Code 1886, §258; Code 1896, §3071; Code 1907, §1484; Code 1923, §2596; Code 1940, T. 41, §36.)
The bond of any public officer which is not in the penalty, payable and conditioned and has not sureties having the qualifications required by law must not be approved, and the officer approving a bond not conforming to the law in any or all of these respects shall be guilty of a neglect of duty and shall subject himself and his sureties to a civil action by any person injured and a recovery to the extent of such injury.
(Code 1852, §120; Code 1867, §159; Code 1876, §170; Code 1886, §259; Code 1896, §3072; Code 1907, §1485; Code 1923, §2597; Code 1940, T. 41, §37.)
No officer, with whom any official bond is required to be filed, shall allow the same to be filed in his office, unless the approval of the proper officer appears thereon, endorsed according to the provisions of this article.
(Code 1852, §126; Code 1867, §165; Code 1876, §176; Code 1886, §260; Code 1896, §3073; Code 1907, §1486; Code 1923, §2598; Code 1940, T. 41, §38.)
Every officer, in whose office the official bond of any public officer is filed, must endorse on such bond the day and year when the same was filed and sign his name to such endorsement.
(Code 1852, §129; Code 1867, §168; Code 1876, §178; Code 1886, §261; Code 1896, §3074; Code 1907, §1487; Code 1923, §2599; Code 1940, T. 41, §39.)
Any officer who fails to endorse the date of the filing of an official bond as required by law must, on conviction, be fined not less than $50.00.
(Code 1876, §4163; Code 1886, §3954; Code 1896, §5135; Code 1907, §7441; Code 1923, §5033; Code 1940, T. 41, §40.)
All personal sureties on official bonds must be residents of the state, and the aggregate value of their property, real and personal, not exempt from debts and other liabilities and in excess of their debts and liabilities must equal the penalty of the bond, and such property must be within the state. If the duties of the office of the principal are limited to a single county, the sureties must be residents of that county, and their property must be therein situated.
(Code 1876, §§164, 166; Code 1886, §262; Code 1896, §3075; Code 1907, §1488; Code 1923, §2600; Code 1940, T. 41, §41.)
No officer of the United States required to give an official bond; no municipal officer required to give an official bond and no officer, state or county, required to give an official bond must be deemed a sufficient surety on any bond taken under this article.
(Code 1876, §165; Code 1886, §263; Code 1896, §3076; Code 1907, §1489; Code 1923, §2601; Code 1940, T. 41, §42.)
A practicing attorney-at-law must not be deemed a sufficient surety on the official bond of the judge of probate or of the clerk or register of any court of record or of any other officer of a court of record or of the sheriff or deputy sheriff or the coroner, or of any constable, general or special.
(Code 1886, §264; Code 1896, §3077; Code 1907, §1490; Code 1923, §2602; Code 1940, T. 41, §43.)
A surety on an official bond or on a bond intended as an official bond cannot avoid liability thereon on the ground that he signed or delivered it on condition that it should not be delivered to the proper officer or should not become perfect unless it was executed by some other person who does not execute it.
The provisions of this section shall apply to bonds of state, county, municipal and public corporate officers; to bonds of executors, administrators, guardians, receivers, assignees, and other trustees, and to all bonds and undertakings executed in the commencement or progress of any suit or judicial proceeding, civil or criminal.
(Code 1886, §276; Code 1896, §3090; Code 1907, §1505; Code 1923, §2617, Code 1940, T. 41, §56.)
If any officer required by law to give bond fails to file the same within the time fixed by law, he vacates his office. In such case, it is the duty of the officer in whose office such bond is required to be filed at once to certify such failure to the appointing power, and the vacancy must be filled as in other cases.
(Code 1852, §125; Code 1867, §164; Code 1876, §175; Code 1886, §271; Code 1896, §3085; Code 1907, §1498; Code 1923, §2610; Code 1940, T. 41, §47.)
If any public officer required by law to give bond fails to file the same in the proper office within the time prescribed, notice of such failure must be given by the officer in whose office such bond is required to be filed, by or during the first two days of the session of the circuit court held in the county in which the officer so failing resides next after such failure to the district attorney of the circuit to which such county belongs.
(Code 1852, §128; Code 1867, §167; Code 1876, §177; Code 1886, §272; Code 1896, §3086; Code 1907, §1499; Code 1923, §2611; Code 1940, T. 41, §48.)
(a) Every official bond is obligatory on the principal and sureties thereon for:
(1) Every breach of the condition during the time the officer continues in office or discharges any of the duties thereof;
(2) The faithful discharge of any duties which may be required of such officer by any law passed subsequently to the execution of such bond, although no such condition is expressed therein; and
(3) The use and benefit of every person who is injured, as well by any wrongful act committed under color of his office as by his failure to perform or the improper or neglectful performance of those duties imposed by law.
(b) The words, “for the use and benefit of every person injured,” as used in subsection (a) of this section, shall include all person having a direct and proximate interest in the official act or omission and all persons connected with such official act or omission, by estate or interest.
(Code 1852, §130; Code 1867, §169; Code 1876, §179; Code 1886, §273; Code 1896, §3087; Code 1907, §1500; Code 1923, §2612; Code 1940, T. 41, §50.)
Any officer who omits to give notice of failure by a public officer to file his official bond as required by law must, on conviction, be fined not less than $100.00.
(Code 1876, §4162; Code 1886, §3953; Code 1896, §5134; Code 1907, §7440; Code 1923, §5032; Code 1940, T. 41, §49.)
(a) The bonds of all officers required to give bond shall be conditioned in the following form:
“Whereas the above bound A. B. was duly elected (or appointed) to the office of _____ on the _____ day of _____, for the term of _____ years from the _____ day of _____; therefore, if he shall faithfully perform and discharge all the duties of said office during his continuance therein, then the above obligation to be void.”
(b) A failure to observe the form prescribed in subsection (a) of this section shall not vitiate any official bond. All official bonds shall be valid and binding in whatever form they may be taken, except so far as they may be conditioned for the performance of acts in violation of the laws or policy of the state, whether in the proper penalty or without any penalty, whether correct or incorrect in their recitals as to the term of office or otherwise, whether properly payable, whether approved by the proper officer or not approved by any or whether irregular in any other respect. Such a bond, if delivered as the official bond of the officer and serving as such, shall be obligatory on everyone who subscribed it for the purpose of making the official bond of such officer to the full penalty or, if it has no penalty, to the full penalty of the bond which might have been required.
(Code 1907, §1501; Code 1923, §2613; Code 1940, T. 41, §51.)
Whenever any officer required by law to give an official bond acts under a bond which is not in the penalty, payable and conditioned or without sureties of the requisite qualification and sufficiency as prescribed by law, such bond is valid and binding on the obligors therein and stands in the place of the official bond, subject, on its condition being broken, to all the remedies which the person aggrieved might have maintained on the official bond of such officer, executed, approved and filed according to law.
(Code 1852, §132; Code 1867, §171; Code 1876, §181; Code 1886, §275; Code 1896, §3089; Code 1907, §1502; Code 1923, §2614; Code 1940, T. 41, §52.)
It shall be lawful to show by parol that any bond or recognizance was taken by an officer in the discharge of his duty, although such fact ought to appear upon the bond or recognizance or in writing or of record and does not so appear; and, if an officer takes a recognizance in a case where he should have taken a bond, it shall bind the parties in the same manner as if it had been authorized.
(Code 1907, §1503; Code 1923, §2615; Code 1940, T. 41, §53.)
Any public officer required by law to give bond who performs any official act before his bond is approved and filed as required by law must, on conviction, be fined not less than $500.00.
(Code 1852, §127; Code 1867, §166; Code 1876, §4161; Code 1886, §3952; Code 1896, §5156; Code 1907, §7449; Code 1923, §5041; Code 1940, T. 41, §54.)
Such bonds are not discharged by a single recovery, but proceedings may, from time to time, be instituted thereon until the whole penalty is exhausted.
(Code 1852, §131; Code 1867, §170; Code 1876, §180; Code 1886, §274; Code 1896, §3088; Code 1907, §1504; Code 1923, §2616; Code 1940, T. 41, §55.)
When any state or county official shall have collected or paid out any money as fees, salary or compensation for official services rendered under any law of Alabama, general or special, which law, subsequent to such collection or paying out, shall be declared by the Supreme Court of Alabama to be unconstitutional or void or illegal, such officer shall not be liable either individually or on his official bond in any civil action brought for the recovery of such money so collected or paid out, nor shall the person to whom the same shall have been paid be liable therefor.
(Acts 1921, Ex. Sess., No. 36, p. 50; Code 1923, §2610; Code 1940, T. 41, §58.)
All the provisions of this article shall apply to the official bonds of all public officers of this state whose office may be established hereafter, unless the contrary is expressly provided.
(Code 1852, §133; Code 1867, §172; Code 1876, §182; Code 1886, §277; Code 1896, §3091; Code 1907, §1506; Code 1923, §2618; Code 1940, T. 41, §57.)
It shall be the duty of the Governor to require additional bonds of the Director of Finance and Treasurer or any other officer whose bond is required to be approved by the Governor whenever in his opinion the interest of the state demands.
(Code 1852, §134; Code 1867, §173; Code 1876, §183; Code 1886, §278; Code 1896, §3110; Code 1907, §1525; Code 1923, §2659; Code 1940, T. 41, §59.)
The form, procedure, etc., for the additional bonds under Section 36-5-40 shall be as provided in Sections 11-2-23 through 11-2-29.
(Acts 1977, No. 20, p. 28, §2.)
Official bonds required of all officers, agents and employees of the State of Alabama and its boards, agencies and commissions or any additional bond that may be required must be made by a surety company or surety companies or guaranty company or guaranty companies authorized by the laws of this state to make such bonds and qualified to do business in this state.
(Acts 1965, 2nd Ex. Sess., No. 125, p. 178, §1.)
The premiums on bonds required by this code of officers, agents and employees of the state and its boards, agencies and commissions shall not exceed the rate established for the same or comparable bonds by a nationally recognized rating bureau. But the minimum charge for the premium on any such bonds may be $5.00.
(Acts 1915, No. 66, p. 115; Code 1923, §2639; Code 1940, T. 41, §122; Acts 1943, No. 521, p. 488, §1.)
When any official bond or bonds required by this code of officers, agents and employees of the state and its boards, agencies and commissions shall be secured or insured by a guaranty or surety company or companies, the premiums shall be paid out of the funds of the department, institution, commission, bureau or agency for the officers or employees of the same.
(Code 1940, T. 41, §118.)
If any state office or position for which a bond is required by this code should be abolished, terminated or consolidated with another office or position, then the bond provided for in this code shall be cancelled on those employees who by reason of the termination of their positions will not be continued in the service of the state.
(Acts 1915, No. 66, p. 115; Code 1923, §2638; Code 1940, T. 41, §121.)
Any person who is surety upon the official bond of any state officer or employee may discharge himself of such suretyship whenever he is in danger of being made liable on such bond and has no adequate remedy against his principal in consequence of his inability to discharge such liability, upon his making an application in writing setting forth such facts.
(Code 1852, §144; Code 1867, §183; Code 1876, §197; Code 1886, §292; Code 1896, §3124; Code 1907, §1540; Code 1923, §2674; Code 1940, T. 41, §123.)
This application must be addressed to the official or to one of the officials required to approve such bond and must be sworn to.
(Code 1852, §145; Code 1867, §184; Code 1876, §198; Code 1886, §293; Code 1896, §3125; Code 1907, §1541; Code 1923, §2675; Code 1940, T. 41, §124.)
The officer to whom such application is addressed must require the principal named in such application to appear before him on and at a certain day and place and give a new bond, which requisition must be in writing, signed by the officer making the same and must be personally served on such principal before the day named therein.
(Code 1852, §146; Code 1867, §185; Code 1876, §199; Code 1886, §294; Code 1896, §3126; Code 1907, §1542; Code 1923, §2676; Code 1940, T. 41, §125.)
On the execution of the additional bond provided for in this division, the same must be approved and filed with the application and requisition with the first official bond.
(Code 1852, §148; Code 1867, §187; Code 1876, §201; Code 1886, §296; Code 1896, §3128; Code 1907, §1544; Code 1923, §2678; Code 1940, T. 41, §127.)
Every such additional bond approved and filed as provided in this division is binding on the obligors from the time of its approval and subjects them to the same liabilities, proceedings and remedies as are provided in relation to the first official bond of such officer or employee.
(Code 1852, §151; Code 1867, §190; Code 1876, §203; Code 1886, §298; Code 1896, §3130; Code 1907, §1546; Code 1923, §2680; Code 1940, T. 41, §129.)
On the execution, approval and filing of such additional bond, such applicant shall be discharged as surety on the bond on which such application was made from all liability for any breach of the condition therein contained accruing subsequently to the filing of such additional bond.
(Code 1852, §150; Code 1867, §189; Code 1876, §202; Code 1886, §297; Code 1896, §3129; Code 1907, §1545; Code 1923, §2679; Code 1940, T. 41, §128.)
The discharge provided for in Section 36-5-65 does not affect the previous liability of any of the obligors, but in case of the discharge of any one or more obligors under such section, the same shall operate as a discharge of all other obligors.
(Code 1852, §152; Code 1867, §191; Code 1876, §204; Code 1886, §299; Code 1896, §3131; Code 1907, §1547; Code 1923, §2681; Code 1940, T. 41, §130.)
Whenever the sureties on either bond have made any payments thereon on account of the principal obligor therein, they are entitled to the same remedies and recoveries against the sureties in the remaining bonds as are provided by Section 11-2-29.
(Code 1852, §153; Code 1867, §192; Code 1876, §205; Code 1886, §300; Code 1896, §3132; Code 1907, §1548; Code 1923, §2682; Code 1940, T. 41, §131.)
If such requisition is personally served and the officer or employee named therein fails to give an additional bond within 15 days after the day specified in such requisition, he vacates his office, and the officer making such requisition must at once certify the same to the appointing power, who must fill the vacancy.
(Code 1852, §147; Code 1867, §186; Code 1876, §200; Code 1886, §295; Code 1896, §3127; Code 1907, §1543; Code 1923, §2677; Code 1940, T. 41, §126.)
(a) For the purpose of this section the word “employee” shall be defined as:
(1) Everyone in the classified, exempt, or unclassified service of the state as defined in Section 36-26-10,
(2) Legislative personnel, officers and employees, Legislative Reference Service personnel, and Legislative Fiscal Office personnel,
(3) All court officials and employees of the Unified Judicial System serving the trial courts,
(4) Employees of the Administrative Office of Courts paid on a biweekly basis, and
(5) All hourly personnel who are considered to be permanent employees.
(b) Every state employee whether subject to the state Merit System or not shall be paid biweekly two weeks in arrears through March 17, 2006, and beginning April 3, 2006, shall be paid semi-monthly one payday in arrears, except that elected officials and appointees whose pay is based on an annual salary for the position held shall be payable in equal semi-monthly installments on the fifteenth and the last day of each month. The payday which normally falls on Friday, September 30, 2005, shall be moved to Saturday, October 1, 2005. Subsequent paydays will resume the previously established schedule of being paid every other Friday. This change will have no impact on salaries of those paid in equal semi-monthly installments. Unpaid salaries shall be paid upon the expiration of the appointment or term of office.
(c) Beginning April 3, 2006, all employees shall be paid semi-monthly one payday in arrears. Salary payments made on March 17, 2006, shall be the last salary payments made using a biweekly pay plan. The Director of the State Personnel Department shall revise the pay plan for all classified and unclassified employees by multiplying the biweekly salary for each classified and unclassified employee by 26 and dividing by 24. Salary payments based on the semi-monthly plan shall be made on the first and sixteenth day of each month, except that if the first day of October falls on a Saturday, a Sunday, or a holiday, then the salary payment shall be made on the next succeeding workday. If the first or sixteenth day of any month, other than the first day of October, falls on a Saturday, a Sunday, or a holiday, then the salary payment shall be made on the last workday immediately prior to the Saturday, the Sunday, or the holiday. The Finance Director shall have the authority to adjust any payday to ensure that each fiscal year has 24 pay periods except for the fiscal year ending September 30, 2006, which shall be the transition year. For purposes of converting from a biweekly to a semi-monthly pay plan, the payday that would be made on Friday, March 31, 2006, using the biweekly pay plan shall be made on Monday, April 3, 2006, using the semi-monthly pay plan.
It is the intent of the Legislature that the conversion from a biweekly pay plan to a semi-monthly pay plan shall not reduce any employee’s annual rate of compensation.
(d) The state Comptroller and the State Personnel Department will revise procedures to implement changes included in this section, and the State Personnel Department shall revise its regulations regarding accrual of sick leave by state employees to convert the accrual from biweekly pay periods to semi-monthly pay periods effective on the same date that accrual of annual leave is converted as provided in Section 36-26-35. The annual accumulation of sick leave shall remain the same using semi-monthly accrual as it was using biweekly accrual.
(Code 1852, §169; Code 1867, §210; Code 1876, §223; Code 1886, §318; Code 1896, §3153; Code 1907, §1569; Code 1923, §2713; Acts 1939, No. 490, p. 709, §1; Code 1940, T. 41, §148; Acts 1969, No. 799, p. 1440, §1; Acts 1983, No. 83-509, p. 717, §1; Act 2004-624, p. 1417, §1; Act 2005-316, 1st Sp. Sess., p. 766, §1.)
The succeeding officer is entitled to the salary for the day upon which he is inducted into office to the exclusion of the retiring officer.
(Code 1896, §3154; Code 1907, §1570; Code 1923, §2714; Code 1940, T. 41, §149.)
Wherever the duties of more than one office, position or employment shall be filled, performed or discharged by one officer or employee, such officer or employee shall only receive the salary named for the highest paid office, position or employment so filled, performed or discharged.
(Acts 1933, Ex. Sess., No. 138, p. 124, § 4; Code 1940, T. 41, §150.)
Any public officer or employee may receive an additional salary or compensation from funds derived from the United States or any philanthropic source, except as otherwise specifically provided in this code.
(Acts 1933, Ex. Sess., No. 138, p. 124, § 7; Code 1940, T. 41, §151.)
The State Personnel Board, with the approval of the Governor, shall provide in the pay plan of the Merit System for the salaries of employees in the classified and unclassified service of the state, in accordance with the procedure and in consideration of the factors set forth in Section 36-26-12.
(Acts 1939, No. 107, p. 139, § 1; Acts 1939, No. 550, p. 870, § 1; Code 1940, T. 41, §152; Acts 1951, No. 197, p. 459, § 1; Acts 1955, No. 370, p. 895, § 1; Acts 1961, No. 1033, p. 1619, § 1; Acts 1963, No. 268, p. 712, §1; Acts 1965, No. 661, p. 1185; Acts 1967, Ex. Sess., No. 50, p. 87, § 1; Acts 1969, No. 171, p. 462, §1.)
(a) Unless otherwise fixed by law, the salaries of appointed department heads or those otherwise considered members of the Governor’s cabinet, the salaries of the appointed assistant department heads or those otherwise considered as the Governor’s assistant cabinet members, and the salaries of other officers and employees appointed in the exempt service and the executive assistants in the Governor’s office shall be fixed by the Governor in accordance with the recommendations by the State Personnel Board of appropriate pay ranges within the state pay plan.
(b) Where some authority other than the Governor appoints such an officer or employee, the salary shall be fixed by the appointing authority with the approval of the Governor and the State Personnel Board.
(c) In fixing such salaries, the Governor or other appointing authority shall give due consideration to the salaries of comparable positions in other states and in private industry in Alabama.
(Acts 1969, No. 171, p. 462, §2; Acts 1977, No. 627, p. 935, §1; Act 2015-309, §1.)
The provisions of Sections 36-6-5 and 36-6-6 shall not apply to the salary of the State Health Officer, the State Mental Health Officer, the Director of Industrial Relations, the Chief Examiner of Public Accounts, the Director of the Alabama State Port Authority, nor the executive non-merit level employees of the port authority appointed pursuant to subdivision (2) of Section 33-1-3.
(Acts 1969, No. 171, p. 462, §3; Act 2001-1062, 4th Sp. Sess., p. 1059, §1.)
The salary or compensation of elected constitutional officers and other state officers and employees or persons whose state salary or compensation, or portion thereof, is not established pursuant to the Merit System or pursuant to Section 36-6-6 shall continue at the same rate or in the same amount as that established pursuant to law prior to the effective date of this code until changed by statute. It is the intent of the Legislature that the adoption of this code shall not repeal or amend any statute relating to the salary or compensation of any state officer or employee or any person receiving a portion of his salary or compensation from the state, whether such statute fixes the amount of salary or compensation in a specific amount or by a minimum or maximum amount, provides for additional compensation for the performance of specified services or duties or provides for increases in ranges or percentages; nor in any way change the amount or rate of compensation of any such officer, employee or person, notwithstanding the fact that the salary or compensation of such officer, employee or person is not set out in this code; nor in any way repeal or amend any salary or compensation established by the state Judicial Compensation Commission, or the authority of such commission to set salaries or compensation.
(Acts 1977, No. 20, p. 28, §2.)
It shall be lawful for any person who is an officeholder in or of the State of Alabama or any county or municipality thereof or holding any civil office of profit under this state or any county or municipality thereof whose compensation, salary or fees is fixed by law for his services and which compensation, salary or fees cannot be or shall not be increased or diminished during the term for which he shall have been elected or appointed under the provisions of Sections 118 or 281 of the Constitution of Alabama or Amendment No. 328 thereof to voluntarily diminish the compensation, salary or fees fixed by law to which he is entitled to such extent as he may desire.
Any person desiring voluntarily to diminish the salary, fees or compensation to which he is entitled and which is fixed by law shall sign and acknowledge an instrument in writing designating the office or position held by him and stating or declaring the amount to which he desires to diminish his salary, fees or compensation. This instrument must be acknowledged by him substantially in the form provided by law for acknowledgment of conveyances, and the acknowledgment may be taken by any officer authorized to take acknowledgment and proof of conveyances in this state. This instrument signed and acknowledged shall, where the person executing and acknowledging the instrument is an officeholder of or in the service of the state, be filed with and recorded by the Department of Finance. This instrument signed and acknowledged shall, where the person executing and acknowledging the instrument is an officeholder of or in the service of a county in the state, be filed with and recorded by the probate judge of the county which he serves. This instrument signed and acknowledged shall, where the person executing and acknowledging the instrument is an officeholder of or in the service of a municipality of the state, be filed with and recorded by the custodian of the records of the municipality.
The Department of Finance, the probate judge of the county and the custodian of the records of a municipality shall respectively provide and preserve a book in their respective offices in which to record such instruments and shall record such instruments in said book, and said book shall be a public record. A certified copy from such book shall have the same force and effect as a certified copy of a conveyance. Neither the Department of Finance nor the probate judge nor the custodian of the records of a municipality shall have the right to charge or collect any compensation for their respective services or for doing what is required to be done by them under the provisions of this section.
From and after the filing of any such instrument with the Department of Finance or with the probate judge or the custodian of the records of a municipality, the compensation or salary or fees of the person executing, acknowledging and signing the instrument shall be reduced in the amount designated in the instrument filed, and, thereafter, warrants or checks or drafts or money given in payment of the compensation, salary or fees to which the person filing the instrument is entitled shall be in the amount of the reduced compensation, salary or fees of such person in accordance with the reduction made by the instrument filed, and the person filing the said instrument shall not be entitled to more compensation, salary or fees than the reduced amount thereof as shown by the terms of the instrument filed for record.
(Acts 1932, Ex. Sess., No. 286, p. 280, §§ 1-4; Code 1940, T. 41, §153.)
(a) Each person employed by the State of Alabama, and all legislative personnel, officers, or employees, including but not limited to Legislative Reference Service personnel, whether subject to the state Merit System or not, shall be entitled to and receive in a lump sum the first payday of December each year the sum of three hundred dollars ($300) per annum after such employee has served for a total period of five years and shall receive the payment until the tenth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of four hundred dollars ($400) per annum until the fifteenth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of five hundred dollars ($500) per annum until the twentieth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of six hundred dollars ($600) per annum until the twenty-fifth year of total service, at which time the payment shall be made in a like manner and at a like time, but in the amount of seven hundred dollars ($700) as long as the employee remains in service. Beginning October 1, 2006, and continuing each fiscal year thereafter in which an employee does not receive a cost-of-living increase in compensation, each per annum amount provided in this subsection shall be increased by one hundred dollars ($100) per year to a maximum amount of one thousand dollars ($1,000) for 25 years of total service as long as the employee remains in service.
(b) The above payments shall be in addition to all salaries or wages and shall be in addition to any per diem allowances or expense allowance that may be in force at the time of payment. The sum shall not be used in computing retirement or other benefits.
(c) Annually, in time for the payroll for the first payday in December, it shall be the duty of the Personnel Department and the Administrative Office of Courts, with regard to judicial employees, the Clerk of the House of Representatives with regard to House of Representative employees, the Secretary of the Senate with regard to the Senate employees, the Director of Legislative Reference Service with regard to Legislative Reference Service employees and all department, board, authority, and commission heads with regard to all state department, board, authority, and commission employees, to determine which state employees are entitled to longevity pay pursuant to this section and the amount thereof due each such employee, and to certify the same to the state Comptroller, who shall issue warrants accordingly.
(d) There is hereby appropriated such amounts as may be necessary to implement the provisions of this section beginning October 1, 1987, and each year thereafter, from such funds as the salaries of the several state employees are, respectively, paid, or if there is not sufficient money in such funds, then from the General Fund or any other fund in the State Treasury not otherwise appropriated. Provided, that in the event the General Fund appropriation act contains an appropriation for a bonus for state employees for the fiscal year 1987-88, then any such bonus shall be in lieu of the longevity pay provided by this section for such fiscal year only.
(Acts 1987, No. 87-625, p. 1112, §4; Acts 1991, 1st Ex. Sess., No. 91-792, p. 186, §1; Act 2006-420, p. 1044, §1.)
Any current state employee who was previously employed in any local legislative delegation office may use that service as state employment in computing longevity payments received pursuant to Section 36-6-11. The name of the employee shall be certified by each department head to the State Personnel Department, annually, in time for the payroll for the first pay period in December.
(Acts 1994, No. 94-717, p. 1389, §1.)
Beginning with the first payday on or after October 1, 1994, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-31, and all legislative personnel, officers and employees, including but not limited to Legislative Reference Service personnel, whether subject to the state Merit System or not, and all circuit clerks and registers and state judges, except as provided in Section 36-6-31, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county or other contributing agency under the direction of the State Board of Health shall receive an eight percent salary increase. Any cost-of-living increase granted under the provisions of this division shall not apply to any local supplement provided to any judges or any other employee of this state. The provisions of this division shall not apply to any local employee whose salary is tied to that of any state employee. All such increases shall be in addition to the salary received by such employees. It is the intention of the Legislature that the Governor is hereby authorized to transfer such amounts to, from, and between such departments, boards, bureaus, commissions, agencies, offices, and institutions under his direct control for the purpose of paying the salary increase for state employees and officials.
(Acts 1994, No. 94-488, p. 921, §1.)
The provisions of this division shall not apply to any Merit System employee or hourly employee whose service or rates of pay are covered by any labor agreement or contract, nor shall this division apply to state judges whose salaries are payable from the State Treasury if such judges’ salaries are increased under and by virtue of: (1) The recommendations contained in the Report of the Judicial Compensation Commission to the 1994 Regular Session of the Legislature becoming law; or (2) the enactment into law of legislation altering and amending said report; or (3) any other legislation enacted into law during the 1994 Regular Session or Special Sessions of the Legislature.
(Acts 1994, No. 94-488, p. 921, §2.)
The Director of the State Personnel Department shall revise the schedule or rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for such court officials and employees to reflect the increase provided herein, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for Senate employees, the Clerk of the House of Representatives for House employees, and the Director of the Legislative Reference Service for Legislative Reference Service employees, and the Director of the Legislative Fiscal Office for Legislative Fiscal Office employees shall revise the schedule or rates set forth in the pay plan for such legislative employees to reflect the increase provided herein, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Acts 1994, No. 94-488, p. 921, §3.)
Any employee who receives the eight percent salary increase provided for in Section 36-6-30 shall be prohibited from receiving a merit raise or special raise during the fiscal year 1994-95.
(Acts 1994, No. 94-488, p. 921, §5.)
Beginning with the first pay day on or after October 1, 1998, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-51, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all circuit clerks and state judges, except as provided in Section 36-6-51, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive an eight percent salary increase.
Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The provisions of this division shall not apply to or increase the compensation of any local employee whose salary is tied to that of any state employee. The increase shall be in addition to the salary received by an employee. It is the intention of the Legislature that the Governor transfer such amounts to, from, and between departments, boards, bureaus, commissions, agencies, offices, and institutions under the direct control of the Governor for the purpose of paying the salary increase for state employees and officials.
(Act 98-134, p. 206, §1.)
This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor shall this division apply to a state judge whose salary is payable from the State Treasury if the salary of the judge is increased under and by virtue of any of the following:
(1) The recommendations contained in the report of the Judicial Compensation Commission to the 1998 Regular Session of the Legislature becoming law.
(2) The enactment into law of legislation altering and amending the report.
(3) Any other legislation enacted into law during the 1998 Regular or 1998 Special Sessions of the Legislature.
(Act 98-134, p. 206, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 98-134, p. 206, §3.)
The amounts necessary to pay state officials and employees the increased salaries for the fiscal year beginning October 1, 1998, shall be paid from those funds that the salaries of the state officials and employees are paid.
(Act 98-134, p. 206, §4.)
Beginning with the first pay day on or after October 1, 2000, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-62, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a two percent salary increase.
(Act 2000-611, p. 1224, §1.)
Beginning with the first pay day on or after October 1, 2001, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-62, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a two percent salary increase.
(Act 2000-611, p. 1224, §2.)
Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The provisions of this division shall not apply to or increase the compensation of any local employee whose salary is tied to that of any state employee.
This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor shall this division apply to a state judge whose salary is payable from the State Treasury.
This division shall not apply to any circuit or district judge, Supreme Court Justice, judge of an appellate court, or district attorney who received a salary increase due to Act 99-427.
This division shall not apply to any circuit clerk or register who received a salary increase due to Act 98-301.
(Act 2000-611, p. 1224, §3.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2000-611, p. 1224, §4.)
It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget acts for the affected entities.
(Act 2000-611, p. 1224, §5.)
Effective with the first payday on or after February 1, 2002, all arresting officers employed by the Department of Public Safety shall receive a two-step, five percent, salary increase without affecting normal annual merit raise considerations, provided that the increases are within currently established pay ranges for the respective classifications. The Director of the State Personnel Department shall certify the same to the state Comptroller who shall issue warrants in accordance therewith.
(Act 2001-1063, 4th Sp. Sess., p. 1063, §1.)
(a) Effective with the first payday on or after June 1, 2006, state troopers and corporals and such other comparable classifications of arresting officers employed by the Department of Public Safety shall receive a four step, 10 percent, salary increase; sergeants and lieutenants and such other comparable classifications of arresting officers employed by the department shall receive a three step, seven and one-half percent, salary increase; and captains and higher ranking officers and such other comparable classifications of arresting officers employed by the department shall receive a two step, five percent, salary increase. The salary increases provided herein shall not affect normal annual merit raise considerations.
(b) The Director of the State Personnel Department shall revise the classifications, schedule of rates, and ranges set forth in the pay plan for arresting officers and other comparable classifications employed by the Department of Public Safety to reflect the increases provided in subsection (a) to ensure that the new classifications, schedule of rates, and ranges shall be applicable to both current and future arresting officers and other comparable classifications employed by the Department of Public Safety and shall send the revised classifications, rates, and ranges to the State Comptroller who shall issue warrants in accordance therewith.
(Act 2006-231, p. 417, §1.)
Beginning with the first payday on or after October 1, 2002, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-81, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the State Merit system and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a three percent salary increase.
(Act 2002-392, p. 984, §1.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The provisions of this division shall not apply to or increase the compensation of any local employee whose salary is tied to that of any state employee.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor shall this division apply to a state judge whose salary is payable from the State Treasury.
(c) This division shall not apply to any circuit or district judge, Supreme Court Justice, judge of an appellate court, or district attorney who received a salary increase due to Act 99-427.
(d) This division shall not apply to any circuit clerk or register who received a salary increase due to Act 98-301.
(Act 2002-392, p. 984, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2002-392, p. 984, §3.)
It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget acts for the affected entities.
(Act 2002-392, p. 984, §4.)
Beginning with the first payday on or after October 1, 2005, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-91, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a six percent salary increase.
(Act 2005-316, 1st Sp. Sess., p. 766, §2.)
(a) Any salary increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The salary increase granted under this division shall not apply to, or increase the compensation of, any local employee whose salary is tied to that of any state employee.
(b) The salary increase granted under this division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor to a state judge whose salary is payable from the State Treasury.
(c) The salary increase granted under this division shall not apply to any circuit or district judge, Supreme Court Justice, Judge of an Appellate Court, or District Attorney.
(Act 2005-316, 1st Sp. Sess., p. 766, §3.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith.
(Act 2005-316, 1st Sp. Sess., p. 766, §4.)
Beginning with the first payday on or after October 1, 2006, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-101, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a five percent salary increase.
(Act 2006-421, p. 1046, §1.)
(a) Any salary increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The salary increase granted under this division shall not apply to, or increase the compensation of, any local employee whose salary is tied to that of any state employee.
(b) The salary increase granted under this division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor to a state judge whose salary is payable from the State Treasury.
(c) The salary increase granted under this division shall not apply to any circuit or district judge, Supreme Court Justice, judge of an appellate court, or district attorney.
(Act 2006-421, p. 1046, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2006-421, p. 1046, §3.)
Beginning with the first pay day on or after October 1, 2007, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-112 and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a three and one-half percent salary increase.
(Act 2007-297, p. 535, §1.)
Beginning with the first pay day on or after October 1, 2008, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-112, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a three and one-half percent salary increase.
(Act 2007-297, p. 535, §2.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee or to any appellate judge.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(Act 2007-297, p. 535, §3.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, the Director of Legislative Reference Service for employees of the Legislative Reference Service, and the Director of Legislative Fiscal Office for employees of the Legislative Fiscal Office shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2007-297, p. 535, §4.)
Beginning with the first pay day on or after October 1, 2018, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, offices, and employees, and all legislative personnel, officers, and employees, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of three percent.
(Act 2018-352, §1.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(Act 2018-352, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2018-352, §3.)
This division shall be known and may be cited as the Dimitri Polizos Act.
(Act 2019-277, §1.)
Beginning with the first pay day on or after October 1, 2019, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of two percent.
(Act 2019-277, §2.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(Act 2019-277, §3.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2019-277, §4.)
It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
(Act 2019-277, §5.)
Beginning with the first pay day on or after October 1, 2021, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of two percent.
(Act 2021-338, §1.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(Act 2021-338, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2021-338, §3.)
It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
(Act 2021-338, §4.)
Beginning with the first pay day on or after October 1, 2022, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of four percent.
(Act 2022-160, §1.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(Act 2022-160, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(Act 2022-160, §3.)
It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
(Act 2022-160, §4.)
Beginning with the first pay day on or after October 1, 2023, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of two percent.
(Act 2023-380, §1.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(Act 2023-380, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith.
(Act 2023-380, §3.)
It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
(Act 2023-380, §4.)
Beginning with the first pay day on or after October 1, 2024, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of two percent.
(Act 2024-284, §1.)
(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.
(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(Act 2024-284, §2.)
The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith.
(Act 2024-284, §3.)
It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
(Act 2024-284, §4.)
(a) Beginning with the first pay day on or after October 1, 2026, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Committee of Public Health shall receive a salary increase of two percent.
(b)(1) Any cost-of-living increase granted under this section shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.
(2) This section shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
(c) The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this section, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this section and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
(d) It is not the intent of this section to make appropriations, but the appropriations required by this section shall be made in the annual budget act for the affected entities.
(Act 2026-608, §1.)
(a) This chapter shall be known and may be cited as the Alabama Public Employee Paid Parental Leave Act of 2025.
(b) For the purposes of this chapter, the following terms have the following meanings unless otherwise indicated by context:
(1) APPLICABLE EMPLOYING AGENCY. A state entity, local education agency, or the Alabama Community College System or any of its institutions that employs an eligible employee.
(2) BASE PAY. The eligible employee’s current, ordinary rate of pay as reasonably determined by the applicable employing agency.
(3) ELIGIBLE EMPLOYEE. Any of the following:
a. A state employee who has been employed in any of the following categories for at least 12 consecutive months immediately preceding the occurrence of a qualifying event:
Legislative personnel, officers, and employees, including personnel, officers, and employees of the Legislative Services Agency, as set forth in Section 36-6-1(a)(2).
Court officials and employees of the Unified Judicial System as set forth in Section 36-6-1(a)(3).
Employees of the Administrative Office of Courts as set forth in Section 36-6-1(a)(4).
Hourly personnel considered to be permanent employees as set forth in Section 36-6-1(a)(5).
Members of the unclassified service as set forth in Section 36-26-10(c) or any employees otherwise designated unclassified by law.
Members of the classified service as set forth in Section 36-26-10(d).
Members of the exempt service as set forth in Section 36-26-10(b)(3),(b)(8), (b)(10), and (b)(11), and any member of the exempt service who accrues leave pursuant to an authorizing statute.
b. A certified or noncertified employee of a local education agency who has been employed by any local education agency in this state for at least 12 consecutive months immediately preceding the occurrence of a qualifying event. For the purposes of this chapter, the term “local education agency” includes the Board of Trustees of the Alabama Institute for Deaf and Blind.
c. An employee of the Alabama Community College System or any of the educational institutions under its authority and control, who has been employed by the system or an educational institution for at least 12 consecutive months immediately preceding the occurrence of a qualifying event.
(4) HEALTHCARE PROFESSIONAL. A physician, physician assistant, nurse practitioner, or midwife who is licensed to practice in his or her respective field in the State of Alabama.
(5) MISCARRIAGE. The loss of an unborn child at or after twelve weeks gestation which is confirmed in writing by a healthcare professional. The term does not include an abortion as defined in Section 26-23H-3 unless the abortion is necessary to prevent a serious health risk to the unborn child’s mother as permitted under Section 26-23H-4.
(6) PARENTAL LEAVE. Paid leave provided to an eligible employee in connection with a qualifying event pursuant to this chapter.
(7) QUALIFYING EVENT. Any of the events that entitle an eligible employee to parental leave pursuant to Section 36-6A-2.
(8) STILLBIRTH. The loss of an unborn child at or after 20 weeks gestation which is confirmed in writing by a healthcare professional. The term does not include an abortion as defined in Section 26-23H-3 unless the abortion is necessary to prevent a serious health risk to the unborn child’s mother as permitted under Section 26-23H-4.
(Act 2025-81, §§1,2.)
(a)(1) An eligible employee who is female shall be entitled to eight weeks of parental leave in connection with the birth, stillbirth, or miscarriage of her child which occurs on or after July 1, 2025.
(2) An eligible employee who is male shall be entitled to two weeks of parental leave in connection with the birth, stillbirth, or miscarriage of his child which occurs on or after July 1, 2025.
(3) An eligible employee shall be entitled to eight weeks of parental leave in connection with the placement of a child with the eligible employee for adoption which occurs on or after July 1, 2025, provided the child is three years of age or younger at the time that he or she is placed with the eligible employee. In the event that parents who jointly adopt a child are both eligible employees, one parent shall be entitled to eight weeks of parental leave in connection with the adoption and one parent shall be entitled to two weeks of parental leave in connection with the adoption. The State of Alabama Personnel Department, the State Board of Education, and the Alabama Community College System shall jointly adopt rules to implement this subdivision.
(b) An eligible employee may not take parental leave under this section unless he or she has completed the requirements of subdivision (1) and paragraph(2)a. prior to taking parental leave.
(1) The eligible employee shall provide the applicable employing agency a written plan regarding his or her intended use of the parental leave and any other leave he or she intends to take in connection with the qualifying event.
(2)a. The eligible employee shall agree in writing with the applicable employing agency not to separate from employment for a period of at least eight weeks following the conclusion of any leave taken in connection with the qualifying event.
b. The requirement of paragraph a. may be waived by the applicable employing agency in circumstances where the eligible employee is unable to return to work, such as a serious health condition of the employee or of an immediate family member.
c. If the eligible employee fails to comply with the return-to-work agreement required by this subdivision, the applicable employing agency may recover from the eligible employee, by offset or otherwise, an amount equal to the eligible employee’s hourly rate of pay multiplied by the number of hours the eligible employee failed to work in compliance with the return-to-work agreement.
(3) In the event of an emergency that prevents an eligible employee from completing the requirements of subdivision (1) and paragraph (2)a. prior to taking parental leave, the eligible employee shall complete these requirements as soon as practicable after the emergency has ended.
(c) An eligible employee may use any parental leave to which he or she is entitled under this chapter intermittently or on a reduced leave schedule, subject to the following limitations:
(1) The parental leave shall be used within 365 days of the qualifying event or within 365 days of the eligible employee taking parental leave for a qualifying event, whichever occurs sooner. An eligible employee may only use parental leave in connection with one qualifying event during a 365-day period, even if more than one qualifying event occurs.
(2) The eligible employee shall maintain a continuing parental role with any child whose birth or adoption was a qualifying event.
(3) Parental leave taken intermittently or on a reduced leave schedule for bonding purposes shall be agreed to by the applicable employing agency prior to the start of the leave.
(d) Parental leave taken under this section shall run concurrently with leave taken under Section 25-1-61 and under the Family and Medical Leave Act of 1993, codified as 29 U.S.C. § 2601, et seq.
(e) Upon the expiration of an eligible employee’s parental leave, the eligible employee shall be restored to the position that he or she held at the time of the qualifying event or to an equivalent position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including any fringe benefits and service credits, that the eligible employee received or was entitled to prior to the commencement of his or her parental leave. A local education agency employee, as provided in Section 36-6A-1(3)b., shall be restored to the grade taught prior to taking parental leave unless otherwise agreed to by the employee. Nothing in this chapter shall be construed to prevent an eligible employee from receiving any cost-of-living salary increase provided generally to eligible employees or any merit increase to which the eligible employee would have been entitled had he or she not taken parental leave.
(Act 2025-81, §2.)
(a) Parental leave authorized by this chapter shall be administered as follows:
(1) Parental leave shall be paid at 100 percent of the eligible employee’s base pay.
(2) Parental leave shall remain at 100 percent of the pay provided in subdivision (1) for the duration of the leave as if the eligible employee worked continuously from the date that the eligible employee commenced his or her parental leave until the date the eligible employee returns from parental leave.
(3) Parental leave shall not require an eligible employee to use or exhaust sick leave, annual leave, or any other leave or paid time off.
(4) Parental leave has no cash value.
(b) Any unused parental leave may not be used to calculate an eligible employee’s retirement benefits.
(c) Unused parental leave shall not roll over, be reserved for use during a subsequent qualifying event, or be paid to the eligible employee.
(Act 2025-81, §2.)
(a) During an eligible employee’s parental leave, the applicable employing agency shall continue to pay the employer’s contribution to maintain any health care benefits the employee had at the time of the qualifying event for the duration of the leave as if the eligible employee had continued in employment continuously from the date the eligible employee commenced the parental leave until the date the eligible employee returns from the leave.
(b) The eligible employee shall continue to pay his or her share of the cost of health care benefits, if any, as was required of him or her prior to the commencement of parental leave.
(Act 2025-81, §2.)
(a)(1) The State Personnel Department shall adopt rules to implement and administer this chapter as to state employees who may be an eligible employee as defined in Section 36-6A-1(3)a.
(2) The State Board of Education shall adopt rules to implement and administer this chapter as to local education agency employees who may be an eligible employee as defined in Section 36-6A-1(3)b. Rules adopted pursuant to this subdivision shall apply to an eligible employee of a public charter school notwithstanding Section 16-6F-9(a)(3).
(3) The Board of Trustees of the Alabama Community College System (ACCS) shall adopt rules to implement and administer this chapter as to employees of the Alabama Community College System and the educational institutions under its authority and control who may be an eligible employee as defined in Section 36-6A-1(3)c.
(b) The rules adopted pursuant to subsection (a) shall set reasonable procedures necessary to implement this chapter, including any necessary forms, for an eligible employee exercising his or her right to parental leave under this chapter. Forms and procedures shall not be unduly burdensome to the eligible employee.
(c) The rules adopted pursuant to subsection (a) shall provide for each state employee, local education agency employee, and employee of ACCS to receive written notice upon his or her hiring of the following:
(1) An eligible employee’s right to parental leave pursuant to this chapter.
(2) The number of weeks of parental leave available to an eligible employee.
(3) The procedure for taking parental leave.
(Act 2025-81, §2.)
No later than October 1, 2026, and every October 1 thereafter until October 1, 2030, the State Personnel Department, the State Department of Education, and the Alabama Community College System shall submit to the Governor and the Legislature and make publicly available information regarding the implementation and use of parental leave by eligible employees for the previous fiscal year.
(Act 2025-81, §2.)
It shall be unlawful for an officer or employee of a county, town, or city in Alabama to be reimbursed from the treasury of a county or municipality for expenses incurred by him or her while traveling or remaining beyond the limits of counties and municipalities in the performance of his or her duties incidental to the management or control of the affairs of the county or municipality unless the officer or employee presents and has approved as provided for in this article an itemized statement of all expenses incurred. Nothing in this article shall be interpreted as applying to the use of credit cards issued in the name of the municipality by municipal officers and employees beyond the limits of the municipality for which they work. Nothing in this article shall be interpreted as applying to the use of credit cards issued in the name of the county by county officers and employees beyond the limits of the county for which they work.
(Acts 1935, No. 457, p. 988, § 1; Code 1940, T. 41, §155; Acts 1993, No. 93-763, p. 1529, §1.)
When a municipality is governed by a commission form of government, such itemized statement shall be presented to the municipal comptroller or corresponding officer immediately upon the return of said officer or employee of such municipality and must be approved or disallowed at a regular meeting of the commission of such municipality held within a period of 30 days after presentment to municipal comptroller or corresponding officer. When a municipality is governed by a mayor and council, such itemized statement shall be presented to the treasurer of the municipality in similar manner as hereinabove provided for and shall be approved or disallowed at a regular meeting of the governing body held within a period of 30 days after presentment to the treasurer of the municipality. In the case of counties, such itemized statement shall be presented to the county clerk or corresponding officer in similar manner as hereinabove provided for and shall be approved or disallowed at a regular meeting of the county commission held within a period of 30 days after presentment to the county clerk or corresponding officer of the county.
(Acts 1935, No. 457, p. 988, § 2; Code 1940, T. 41, §156; Acts 1969, No. 1110, p. 2046, § 1.)
No sum shall be advanced from the treasury from any municipality or county in this state for the purpose of defraying the expenses of any officer or employee of such municipality or county while traveling or remaining beyond the limits of such municipality or county unless the same shall first be allowed by a resolution adopted by the governing body of such municipality or county, which said resolution shall state the purpose and object of such proposed visit.
(Acts 1935, No. 457, p. 988, § 1; Code 1940, T. 41, §157.)
When any sum is advanced to an officer or employee of any county or municipality to be used to defray expenses incurred while traveling beyond the borders of the municipality or county, the itemized statement required as provided for in Section 36-7-1 shall be presented immediately upon the return of such officer or employee to the county or municipality, and failure to present and have approved such statement shall render such officer or employee personally liable to the county or municipality for the sum advanced, which sum shall, if such officer or employee is drawing pay for his services from the municipality or county, be deducted from any sum then or in the future owed by the municipality or county to such officer or employee.
(Acts 1935, No. 457, p. 988, § 3; Code 1940, T. 41, §158.)
Any officer or employee drawing or approving any warrant drawn on the treasury of any municipality or county of this state in violation of the provisions contained in this article shall be guilty of a misdemeanor and shall be punished as provided by law.
(Acts 1935, No. 457, p. 988, § 5; Code 1940, T. 41, §159.)
(a) Except as otherwise provided in Section 36-7-21, the amount allowable to an individual traveling inside the State of Alabama in the service of the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies for expenses other than transportation may be fixed by the Governor at not less than seventy-five dollars ($75) per day, and this amount shall be uniform in operation as to all individuals traveling within the state on official business under this section, provided, no individual shall be entitled to reimbursement under both this section and under Section 36-7-21 for any travel segment.
(b) No travel allowance shall be paid for a trip of less than six hours’ duration. For travel that does not require an overnight stay, the traveler shall be paid a meal allowance of 15 percent of the regular per diem rate for a trip of from six to 12 hours’ duration, and for travel in excess of 12 hours’ duration, the traveler shall be paid one meal allowance and one-fourth of the per diem allowance.
(c) The per diem allowance shall not be paid to an employee stationed at the same place in the state for a period in excess of two consecutive months. After two consecutive months the amount of the allowance shall be reduced to 75 percent of the regular per diem rate per day.
(d) This section shall not apply to examiners or other individuals designated by the Commissioner of Insurance to examine or cause to be examined the domestic insurance corporations qualified in this state when the expense incurred by those individuals shall be paid by, collected, or received from the corporations examined under Section 27-2-25.
(e) This section shall be optional with the employing agency in those instances where the employee is required to attend training sessions, schools, seminars, or other like group functions at a facility when it would serve the best interests of both the state and the employee, or in those instances when the employee is assigned to assist in suppressing on-going natural disaster situations, or other emergencies. In those cases, the cost of meals and per diem may be paid as set forth herein or by the employing agency of the state directly to the contract facility furnishing the service, but the costs of these services shall not exceed the amount allowable to the individual employee for in-state travel.
(f) For purposes of applying this section to members of the Legislature, each of the following shall apply:
(1) The presiding officer of the house to which the member belongs shall determine if the travel is in the service of the state.
(2) In connection with the same travel, members of the Legislature shall receive per diem under this section except in either of the following instances:
a. For attendance on special or regular session days or committee meeting days of the Legislature when otherwise compensated pursuant to law.
b. For attendance on interim committee meeting days of the Legislature when otherwise compensated pursuant to law.
(3) Travel means a departure from the place of residence of the member of the Legislature.
(Acts 1969, No. 470, p. 912, §1; Acts 1973, No. 1074, p. 1828, §1; Acts 1975, 4th Ex. Sess., No. 131, p. 2853, §1; Acts 1979, No. 79-669, p. 1178, §1; Acts 1983, No. 83-614, p. 951, §1; Acts 1987, No. 87-823, p. 1659, §1; Acts 1991, No. 91-564, p. 1044, §1; Acts 1994, No. 94-643, p. 1209, §1; Act 98-254, p. 420, §1; Act 2005-251, 1st Sp. Sess., p. 462, §1; Act 2006-523, p. 1217, §1; Act 2023-292, §1.)
(a) As an alternative to reimbursement provided under Section 36-7-20(a), persons traveling in the service of the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other agencies, upon approval as provided in this section, may be allowed all of their actual and necessary expenses in addition to the actual expenses for transportation, provided, no person shall be entitled to reimbursement under both this section and under Section 36-7-20 for any travel segment. In-state travel authorized under this section is subject to the same documentation requirements as out-of-state travel.
(b)(1) Except as provided in subsections (c), (d), (e), and (f), any travel for which a traveler intends to seek reimbursement from the state under this section shall be fully authorized in writing by the head of the traveler’s agency prior to the traveler’s departure. The written authorization shall contain the agency head’s certification that the traveler’s estimated reimbursable travel expenses have been reviewed and approved by the agency head as being necessary.
(2) Any travel by an agency head for which the agency head intends to seek reimbursement under this section shall be fully authorized in writing by the Governor prior to the agency head’s departure. The Finance Director may establish policies and procedures for assisting agency heads in determining whether travel under this subsection should be authorized and will be reimbursable.
(c) With respect to the Legislative Department, members of the Legislature, subordinate officers and employees of the Legislature, the directors and employees of the Legislature, the directors and employees of the Legislative Services Agency, and Examiners of Public Accounts, travel shall be authorized in writing by the President of the Senate, for the President of the Senate and members of the Senate, by the Speaker of the House, for the Speaker of the House and members of the House of Representatives, by the Secretary of the Senate or the Clerk of the House for subordinate officers and employees of the Legislature, and by the directors for the directors and employees of the legislative departments.
(d) With respect to the Judicial Department and the officers and employees thereof, travel shall be authorized in writing by the Chief Justice.
(e) Persons representing institutions of higher learning shall receive authority for such travel from the presidents of the institution. Institutions of higher education may elect to prepay travel expenses for persons traveling in the service of the state.
(f) Persons representing the state Department of Agriculture and Industries shall receive authorization for such travel from the Commissioner of Agriculture and Industries.
(g) This section shall not apply to examiners or other persons designated by the Commissioner of Insurance to examine or cause to be examined insurance corporations qualified or attempting to qualify in this state when the expense incurred by the examiner shall be paid by or collected or received from insurers or persons examined under Section 27-2-25.
(Acts 1969, No. 470, p. 912, §2; Acts 1971, No. 2051, p. 3289, §1; Acts 1971, No. 2487, p. 3983, §1; Acts 1971, 3rd Ex. Sess., No. 312, p. 4603, §1; Acts 1979, No. 79-539, p. 971, §1; Acts 1981, No. 81-561, p. 945, §1; Acts 1982, No. 82-431, p. 681, §1; Act 2000-678, p. 1381, §1; Act 2005-251, 1st Sp. Sess., p. 462, §1; Act 2017-409, §1; Act 2018-203, §1; Act 2023-292, §2.)
Persons traveling on official business for the state or any of its Legislative, Executive, and Judicial Branches, departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies in privately owned vehicles shall receive an amount equal to the mileage rate allowed by the Internal Revenue Code for income tax deductions per mile in lieu of actual expenses for transportation. Reimbursement shall be made no later than 30 calendar days from the date the request for reimbursement is initially received by the appropriate authority. For purposes of this section, travel, excluding members of the Legislature, means a departure from the permanent place of employment.
(Acts 1969, No. 470, p. 912, §3; Acts 1973, No. 1074, p. 1828, §1; Acts 1979, No. 79-669, p. 1178, §1; Acts 1983, No. 83-614, p. 951, §1; Acts 1991, No. 91-564, §1; Act 99-362, p. 580, §1; Act 2006-523, p. 1217, §1.)
The provisions of this article shall apply to all officers and employees of the State of Alabama or any of its departments, institutions, boards, bureaus, commissions, councils, committees or other like agencies and to all persons traveling on official business for the state.
All laws or parts of laws in conflict with these provisions pertaining to expense allowances are expressly repealed.
(Acts 1969, No. 470, p. 912, §4.)
(a) The departments and agencies of the State of Alabama are hereby authorized to prepay to employees of those departments and agencies an amount of money to be determined by the appointing authority of the various departments and agencies to pay necessary travel expenses for any one period of travel for such employees on authorized official state business inside or outside the State of Alabama. Such payment shall be made in accordance with rules and regulations promulgated by the state Comptroller and approved by the Chief Examiner of Public Accounts. Provided, that the state Comptroller, in accordance with the procedure provided above, shall establish the maximum amount that may be prepaid for any officer or employee for any one period of travel.
(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts.
(Acts 1991, No. 91-614, p. 1152, §§ 1, 2.)
(a) The state Comptroller, with the approval of the Chief Examiner of Public Accounts, may adopt rules and regulations to provide for the prepayment of travel expenses for state officers and employees traveling on authorized official state business. No traveler shall have expenses for any one period of travel prepaid for him in excess of any amount established according to the rules and regulations provided above, provided, that the amount of expenses authorized to be prepaid for any one period of travel may vary based on the needs of the various state departments and agencies.
(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts.
(Acts 1991, No. 91-615, p. 1153, §§ 1, 2.)
A permanent employee of the state who moves from one community within the state to another by reason of transfer of job operation shall be entitled to receive reimbursement for his actual expenses, not to exceed $1,250.00, incurred in moving his household goods whenever such transfer is made at the request of the employing state department or agency. Such expense shall not be allowed when the transfer is made at the request of the employee; provided that any transfer that is a part or the result of a lay-off by the employing state department or agency shall be considered to be at the request of the employing state department or agency.
When an employee is transferred under the above rules and chooses to move a mobile home rather than household goods, reimbursement shall be made under the state’s fiscal procedures except that no payment shall be made for disconnection or reconnection of any utility service or plumbing, or anchoring (tying down) or leveling or any damage sustained during the move.
All moves must be made within a reasonable length of time not to exceed one year of the date of transfer to qualify for reimbursement.
(Acts 1969, No. 170, p. 460, §1; Acts 1980, No. 80-629, p. 1086, §1; Acts 1986, No. 86-506, p. 988, §1.)
The chief executive officer of the state department or agency is authorized to promulgate rules and regulations necessary to determine the eligibility of the employee for reimbursement of actual moving expenses and the amount to be paid, not to exceed the amount permitted under Section 36-7-40. Such rules and regulations may be amended, supplemented or changed at the discretion of the chief executive officer of the state department or agency in keeping with the needs of his department.
Such reimbursement may be made upon approval by the head of the state department or agency after the employee has been notified that his state department or agency is requiring his move and after the head of his state department or agency has determined that such employee is eligible for reimbursement under the established rules and regulations of his particular department and after submission of such evidence by the employee to the head of his state department or agency of cost as may be required by the rules and regulations established.
Such moving cost paid to the employee under this article shall be paid out of the same fund of each such department or agency as payment for salaries and cost of administering the department or agency are paid.
(Acts 1969, No. 170, p. 460, §2; Acts 1980, No. 80-629, p. 1086, §2.)
The state shall not be held liable for any damages to person or property that may result from such moving of household goods.
(Acts 1969, No. 170, p. 460, §3.)
Any other law to the contrary notwithstanding, a public official or a public employee may receive, obtain, or otherwise convert to personal use a bonus that is incidental to travel in the performance of official duties of the public official or public employee if the bonus is individual in nature and not able to be transferred to another unrelated individual or to the state, or a county, municipality, or governmental entity. This section is declaratory of and does not constitute a change in existing law.
(Act 98-254, p. 420, §2.)
The term “military service of the United States,” as used in this chapter, shall include the Army of the United States, the United States Navy, the United States Air Force, the Marine Corps, the Coast Guard, any reserve or auxiliary component of any of the foregoing, the National Guard, those persons commissioned in the public health service and those persons entering into the service of any organization similar to those mentioned in this section hereafter formed by the government of the United States.
(Acts 1942, Ex. Sess., No. 1, p. 7, §2; Acts 1942, Ex. Sess., No. 2, p. 9, §2; Acts 1942, Ex. Sess., No. 8, p. 14, §2; Acts 1951, Ex. Sess., No. 5, p. 169, §2; Acts 1951, Ex. Sess., No. 6, p. 171, §2; Act 2001-1095, 4th Sp. Sess., p. 1140, §1.)
The office of any official of the State of Alabama or of any county or municipality of the State of Alabama who has heretofore entered or who shall hereafter enter the active military service of the United States, whether voluntarily or as a result of being called, drafted, or requested to do so or not, at a time when there is an existing state of war or military conflict involving the United States of America, or when called into active military service on the account of any need for military presence in response to domestic or foreign terrorism, the need for homeland security, or peacekeeping missions involving the United States, or when a state of national emergency has been declared to exist by the President of the United States, shall not be deemed vacated by reason of the service, nor shall the service be deemed an acceptance of or the holding of an office of profit under the United States within the purview of Section 280 of the Alabama Constitution of 1901.
(Acts 1942, Ex. Sess., No. 1, p. 7, §1; Acts 1942, Ex. Sess., No. 2, p. 9, §1; Acts 1942, Ex. Sess., No. 8, p. 14, §1; Acts 1951, Ex. Sess., No. 5, p. 169, §1; Acts 1951, Ex. Sess., No. 6, p. 171, §1; Act 2001-1095, 4th Sp. Sess., p. 1140, §1.)
(a) With regard to vacancies in any state or county office or board, the officer or board who has the power to appoint to vacancies in office or, if there is no such officer or board having the power to fill vacancies provided by law, then the Governor, upon being advised in writing by an elected or appointed official that the official has or will enter the active military service of the United States and desires to avail himself or herself of the privileges and immunity granted by this chapter, or upon failure of the official to so advise the appointing authority within a period of 30 days after his or her entry into the service, may appoint a temporary acting official who shall be clothed with all the powers, privileges, and duties regularly exercised by the official in whose place he or she is acting. The temporary acting official shall receive the same compensation, payable in the same manner and from the same source as the official in whose place he or she is serving.
(b) With regard to vacancies in any municipal office or board, the governing body of the municipality, or other appointing authority, upon being advised in writing by an elected or appointed official that the official has or will enter the active military of the United States and desires to avail himself or herself of the privileges and immunity granted by this chapter, or upon failure of the official to so advise, the municipal governing body or other appointing authority within a period of 30 days after his or her entry into the service, may appoint a temporary acting official who shall be clothed with all the powers, privileges, and duties regularly exercised by the official in whose place he or she is acting. The temporary acting official shall receive the same compensation payable in the same manner and from the same source as the official in whose place he or she is serving.
(c) Should any temporary acting official appointed under this chapter be called into or enter the service of the United States, then the appointing authority, as defined above in this section, upon being informed in writing that the temporary acting official has or will enter the service, or upon failure of the temporary acting official to so advise the appointing authority within a period of 30 days after his or her entry into the service, may appoint another temporary acting official who shall have the same powers, privileges, and duties and shall receive the same compensation, payable in the same manner and from the same source as the official in whose place he or she is serving.
(d) Any person vacating an office pursuant to this chapter may recommend to the appropriate appointing authority the name of a person to fill his or her vacancy.
(Acts 1942, Ex. Sess., No. 1, p. 7, §§3, 4; Acts 1942, Ex. Sess., No. 2, p. 9, §§3, 4; Acts 1942, Ex. Sess., No. 8, p. 14, §§3, 4; Acts 1951, Ex. Sess., No. 5, p. 169, §§3, 4; Acts 1951, Ex. Sess., No. 6, p. 171, §§3, 4; Act 2001-1095, 4th Sp. Sess., p. 1140, §1.)
The tenure of any temporary acting official appointed under this chapter shall be during the absence of the regularly elected or appointed official while in service and until the expiration of 30 days from the date that notice in writing is given to the appointing power by the regularly elected or appointed official of his or her intention to return and resume the duties of his or her office, at which time the powers, privileges, and duties of the temporary acting official shall automatically end. Upon receipt of notice from the regular official of his or her intent to return, the appointing authority shall notify the temporary official that his or her service will automatically terminate on the date of the return to office of the regular official.
(Acts 1942, Ex. Sess., No. 1, p. 7, §5; Acts 1942, Ex. Sess., No. 2, p. 9, §5; Acts 1942, Ex. Sess., No. 8, p. 14, §5; Acts 1951, Ex. Sess., No. 5, p. 169, §5; Acts 1951, Ex. Sess., No. 6, p. 171, §5; Act 2001-1095, 4th Sp. Sess., p. 1140, §1.)
Nothing contained in this chapter shall be deemed to extend the tenure of any such duly elected or appointed official beyond the time for which he has been elected or appointed nor entitle him to any compensation during the time he is absent in the service of the United States and until he resumes the duties of his office, nor shall any such official be clothed with any of the powers or authority of his office while absent in the service of the United States.
(Acts 1942, Ex. Sess., No. 1, p. 7, §7; Acts 1942, Ex. Sess., No. 2, p. 9, §7; Acts 1942, Ex. Sess., No. 8, p. 14, §7; Acts 1951, Ex. Sess., No. 5, p. 169, §7; Acts 1951, Ex. Sess., No. 6, p. 171, §7.)
This chapter shall apply to all officials heretofore or hereafter elected at any special or general election, whether or not they have entered upon the discharge of their duties.
(Acts 1942, Ex. Sess., No. 1, p. 7, §6; Acts 1942, Ex. Sess., No. 2, p. 9, §6; Acts 1942, Ex. Sess., No. 8, p. 14, §6; Acts 1951, Ex. Sess., No. 5, p. 169, §6; Acts 1951, Ex. Sess., No. 6, p. 171, §6.)
Any office in this state is vacated:
(1) By the death of the incumbent;
(2) By the resignation of the incumbent, except in such cases as are excepted by law;
(3) By the incumbent’s ceasing to be a resident of the state or of the division, district, circuit or county for which he was elected or appointed;
(4) By the decision of a competent tribunal declaring the election or appointment of the incumbent void or his office vacant;
(5) By the act of the Legislature abridging the term of office of the incumbent, when the same is not fixed by the constitution; and
(6) In such other cases as are or may be declared by law.
(Code 1852, §161; Code 1867, §200; Code 1876, §213; Code 1886, §308; Code 1896, §3140; Code 1907, §1556; Code 1923, §2697; Code 1940, T. 41, §160.)
When any person holding any office or place under the authority of this state is convicted by any court of the United States, of this state or of any other state of a felony, his office or place shall be vacated from the time of the conviction. If the judgment is reversed, new trial granted or judgment notwithstanding the verdict is rendered, he shall be restored to office; but, if pardoned, he shall not be restored to office.
(Code 1852, §107; Code 1867, §146; Code 1876, §151; Code 1886, §243; Code 1896, §3142; Code 1907, §1558; Code 1923, §2699; Code 1940, T. 41, §162; Acts 1989, No. 89-420, p. 885, §1.)
When the incumbent of any office is, upon a proceeding in lunacy, adjudged to be of unsound mind, such office is vacated, and the judge of probate must certify the vacancy to the appointing power; but, if such proceeding is thereafter revoked or annulled, the officer shall, upon his own request, be restored to office.
(Code 1896, §3144; Code 1907, §1560; Code 1923, §2701; Code 1940, T. 41, §164.)
The judge of a court of record vacates his judicial office by the acceptance of another office, state, county or municipal.
(Code 1876, §150; Code 1886, §242; Code 1896, §3141; Code 1907, §1557; Code 1923, §2698; Code 1940, T. 41, §161.)
The offices of clerk of the circuit court, tax collector, tax assessor and county treasurer are respectively vacated from the expiration of the incumbent’s term when there is a failure to elect a successor at any general election where such officers are elected by the people.
(Code 1867, §201; Code 1876, §214; Code 1886, §309; Code 1896, §3143; Code 1907, §1559; Code 1923, §2700; Code 1940, T. 41, §163.)
On the death of any senator or representative from this state to the Congress of the United States or of any member of the Legislature, the judge of probate of the county in which such officer at the time of his death resided shall give notice thereof to the Governor. In case of the death of the Governor, such judge of probate shall give notice to the Lieutenant Governor. In case of the death of any other officer, such judge of probate shall give notice to the officer who fills the vacancy.
(Code 1852, §162; Code 1867, §202; Code 1876, §215; Code 1886, §310; Code 1896, §3145; Code 1907, §1561; Code 1923, §2702; Code 1940, T. 41, §165.)
The Governor may make temporary appointment of a senator in the Senate of the Congress of the United States from Alabama whenever a vacancy exists in that office, the appointee to hold office until his successor is elected and qualified.
(Acts 1919, No. 78, p. 74; Code 1923, §2703; Code 1940, T. 41, §166.)
Whenever a vacancy occurs in the office of senator of and from the State of Alabama in the Senate of the United States more than four months before a general election, the Governor of Alabama shall forthwith order an election to be held by the qualified electors of the state to elect a senator of and from the State of Alabama to the United States Senate for the unexpired term. If the vacancy occurs within four months of but more than 60 days before a general election, the vacancy shall be filled at that election. If the vacancy occurs within 60 days before a general election, the Governor shall order a special election to be held on the first Tuesday after the lapse of 60 days from and after the day on which the vacancy is known to the Governor, and the senator elected at such special election shall hold office for the unexpired term.
(Acts 1915, No. 407, p. 364, §3; Code 1923, §2704; Code 1940, T. 41, §167.)
The Governor must give notice of an election of a senator for a full term in the same manner and at the same time that he gives notice of the election of members of the House of Representatives in Congress and must give notice of a special election to elect a senator for an unexpired term in the same manner and for the same time as is prescribed for special elections to fill a vacancy in the office of members of the House of Representatives in Congress.
(Acts 1915, No. 407, p. 364, §4; Code 1923, §2705; Code 1940, T. 41, §168.)
On the death of any judge of probate, the clerk of the circuit court of the county for which he was elected must give notice thereof to the Governor.
(Code 1852, §163; Code 1867, §203; Code 1876, §216; Code 1886, §311; Code 1896, §3146; Code 1907, §1562; Code 1923, §2706; Code 1940, T. 41, §169.)
If the Governor resigns during the session of the Legislature, he must transmit his resignation to the Lieutenant Governor; otherwise, the Governor must transmit his resignation to the Secretary of State, who must notify the Lieutenant Governor.
(Code 1852, §164; Code 1867, §204; Code 1876, §217; Code 1886, §312; Code 1896, §3147; Code 1907, §1563; Code 1923, §2707; Code 1940, T. 41, §170.)
The resignation of senators and representatives in Congress and members of the Legislature must be transmitted to the Governor. In all other cases, except constables, resignations must be transmitted to the officer or tribunal which fills the vacancy.
(Code 1852, §165; Code 1867, §205; Code 1876, §218; Code 1886, §313; Code 1896, §3148; Code 1907, §1564; Code 1923, §2708; Code 1940, T. 41, §171.)
The resignation of constables must be transmitted to the judge of probate of the county in which the office may have been held, and the judge of probate must thereupon notify the Governor.
(Code 1867, §206; Code 1876, §219; Code 1886, §314; Code 1896, §3149; Code 1907, §1565; Code 1923, §2709; Code 1940, T. 41, §172.)
Notice of removal of any officer, other than constables, from the state or from the district, circuit or county for which he was elected or appointed must be given by and to the same officers as notice of his death is required to be given by this chapter.
(Code 1852, §166; Code 1867, §207; Code 1876, §220; Code 1886, §315; Code 1896, §3150; Code 1907, §1566; Code 1923, §2710; Code 1940, T. 41, §173.)
Whenever there is a judgment of a competent tribunal declaring any election or appointment void or any office vacated, such judgment shall, if the vacancy is filled by appointment, the day after the time for taking an appeal has expired be certified by the clerk of such court or by the judge, if there is no clerk, to the appointing power.
(Code 1852, §168; Code 1867, §208; Code 1876, §21; Code 1886, §316; Code 1896, §3151; Code 1907, §1567; Code 1923, §2711; Code 1940, T. 41, §174.)
The Governor must give notice to the Legislature at each session thereof of all offices to be filled by that body which have become vacant or which will be vacated by the expiration of the term of office before the next regular session.
(Code 1852, §168; Code 1867, §209; Code 1876, §222; Code 1886, §317; Code 1896, §3152; Code 1907, §1568; Code 1923, §2712; Code 1940, T. 41, §175.)
Vacancies in all state, county or municipal offices shall be filled by appointment of the Governor for the unexpired term of such office, unless otherwise provided by law. Appointees to state and county offices must be commissioned.
(Code 1876, §154; Code 1886, §248; Code 1896, §3061; Code 1907, §1474; Acts 1909, No. 65, p. 156, §1; Code 1923, §§2584, 2585; Code 1940, T. 41, §§176, 177.)
Any judicial, executive or ministerial officer of any court having criminal jurisdiction who becomes bail for any prisoner or other person under any criminal accusation or signs any bond or other obligation for the release or appearance of such person before himself or before any other officer or court shall, on conviction, be fined not less than $50.00 nor more than $500.00 and may also be imprisoned in the county jail for not more than 12 months.
(Code 1876, §4148; Code 1886, §3961; Code 1896, §5124; Code 1907, §7438; Code 1923, §5029; Code 1940, T. 41, §215.)
No officer or person having the custody and control of the body or liberty of any person under arrest shall refuse permission to such arrested person to communicate with his friends or with an attorney nor subject any person under arrest to any form of personal violence, intimidation, indignity or threats for the purpose of extorting from such person incriminating statements or a confession. Any person violating the provisions of this section shall be guilty of a misdemeanor.
(Code 1923, §5099; Code 1940, T. 41, §223.)
(a) The following officers may be impeached and removed from office: judges of circuit and probate courts, district attorneys, judges of the courts of appeals, district judges, sheriffs, clerks of the circuit courts, tax collectors, tax assessors, county treasurers, coroners, notaries public, constables and all other state officers not named in Section 173 of the constitution and all other county officers and mayors and intendants of incorporated cities and towns in this state.
(b) The officers specified in subsection (a) of this section may be impeached and removed from office for the following causes:
(1) Willful neglect of duty;
(2) Corruption in office;
(3) Incompetency;
(4) Intemperance in the use of intoxicating liquors or narcotics to such an extent in view of the dignity of the office and importance of its duties as unfits the officer for the discharge of such duties; or
(5) Any offense involving moral turpitude while in office or committed under color thereof or connected therewith.
(Code 1876, §4047; Code 1886, §4818; Code 1896, §4864; Code 1907, §7099; Code 1923, §4497; Code 1940, T. 41, §178.)
Any of the officers named in subsection (a) of Section 36-11-1 who shall be disqualified by law from holding office in this state may be impeached and removed from office on proceedings instituted and prosecuted in the manner provided in this chapter.
(Code 1876, §4069; Code 1886, §4819; Code 1896, §4865; Code 1907, §7100; Code 1923, §4498; Code 1940, T. 41, §179.)
It shall be the duty of every grand jury to investigate and make diligent inquiry concerning any alleged misconduct or incompetency of any public officer in the county which may be brought to its notice; and, if, on such investigation and inquiry, it finds that such officer, for any cause mentioned in this chapter, ought to be removed from office, it shall so report to the court, setting forth the facts, which report shall be entered on the minutes of the court. If the officer so reported against is one of those included in Section 174, Article 7, of the constitution, the clerk of the court shall transmit a certified copy of such report to the Attorney General. If the officer so reported against is the presiding judge of the court, the report must not be made to the court or entered on the minutes; and, in such cases, the report of the grand jury must be signed by the foreman and countersigned by the district attorney, who must transmit the same to the Attorney General.
(Code 1876, §4067; Code 1886, §4839; Code 1896, §4886; Code 1907, §7124; Code 1923; §4519; Code 1940, T. 41, §200.)
It shall be the duty of the Attorney General to institute proceedings under this chapter and prosecute the same against any officer included in Section 174, Article 7, of the constitution, when the Supreme Court shall so order or when the Governor shall, in writing, direct the same or when it appears from the report of any grand jury that any such officer ought to be removed from office, for any cause mentioned in this chapter.
It shall be the duty of the district attorney to institute proceedings under this chapter and prosecute the same against any officer included in Section 175, Article 7, of the constitution when the circuit court of the county shall so order or when the Governor, in writing, shall direct the same or whenever it appears from the report of the grand jury that any such officer ought to be removed from office for any cause mentioned in this chapter.
(Code 1876, §4068; Code 1886, §4840; Code 1896, §4887; Code 1907, §7125; Code 1923, §4520; Code 1940, T. 41, §201.)
Proceedings under Sections 174 and 175 of Article 7 of the constitution shall be instituted in the name of the State of Alabama in the nature of an information by the Attorney General or a district attorney or upon the information of such other persons as are by this chapter allowed to institute the same. All such proceedings shall be conducted and all process shall issue in the name of the State of Alabama.
(Code 1876, §4048; Code 1886, §4820; Code 1896, §4866; Code 1907, §7101; Code 1923, §4499; Code 1940, T. 41, §180.)
Any five resident taxpayers of the division, circuit, district, county, city or town for which the officer sought to be impeached was elected or appointed may institute proceedings of impeachment under Sections 174 and 175 of Article 7 of the constitution upon giving bond, with sufficient sureties, payable to the officer sought to be impeached, conditioned to prosecute the impeachment to effect and, failing therein, to pay all costs that may be incurred, which bond shall be taken and approved by the clerk of the court before which the proceedings are proposed to be instituted.
(Code 1876, §4049; Code 1886, §4821; Code 1896, §4867; Code 1907, §7102; Code 1923, §4500; Code 1940, T. 41, §181.)
Such information shall be addressed to the court before which the trial is to be had and shall specify, with reasonable certainty, the offense, offenses or other grounds of impeachment charged against the officer within the provisions of Section 173 of Article 7 of the constitution and shall contain a succinct statement of the facts constituting the matters complained of and an appropriate prayer for process and relief and shall be signed by the Attorney General, district attorney or by counsel, as the case may be. When such information is by taxpayers, the names of such taxpayers must be joined as plaintiffs with the state.
(Code 1876, §4050; Code 1886, §4822; Code 1896, §4868; Code 1907, §7103; Code 1923, §4501; Code 1940, T. 41, §182.)
When the proceedings in impeachment are instituted by taxpayers, the information must be verified by the plaintiffs or any one of them. The costs shall be given against the unsuccessful party, as in other cases, to be collected by execution.
(Code 1876, §4058; Code 1886, §4831; Code 1896, §4877; Code 1907, §7115; Code 1923, §4510; Code 1940, T. 41, §191.)
If such information shall be filed under Section 174 of Article 7 of the constitution, the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring the officer proceeded against to appear at a place and on a day, which may be either in term time or vacation, to be specified in the order and answer the information. The clerk of the court shall issue a summons, in which shall be set forth a copy of the order, directed to any sheriff of the State of Alabama, which, together with a copy of the information, shall be served on the defendant. If the summons is served 20 days before the day specified in the order, the defendant shall answer the information on the day specified; and, if the summons is served less than 20 days before the day so specified, the court, in term time, or a justice thereof, in vacation, shall on the day so specified make an order setting another day, not exceeding 20 days thereafter, on which the defendant shall answer the information. Another day may be set and another summons issued as often as may be necessary, and continuances may be granted in the discretion of the court, but the cases provided for in this section shall have precedence and priority over all other business in the court.
(Code 1876, §4051; Code 1886, §4823; Code 1896, §4869; Code 1907, §7104; Code 1923, §4502; Code 1940, T. 41, §183.)
In all original proceedings commenced under this chapter in the Supreme Court, either party shall have compulsory process to compel the attendance of witnesses, to be issued by the clerk of the court and served by the marshal of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on the trial in open court. The examination of such witnesses shall be conducted and defaulting witnesses shall be subject to similar proceedings and penalties as in criminal cases in the circuit court; but, on the written consent of the defendant, the court or a justice thereof, in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly or severally, as may be directed in the order of appointment, to take and certify by such day as may be fixed in the order of appointment the evidence against and for the defendant on the several specifications contained in the information, and the charges shall be tried by the court on such evidence so taken and certified and such documentary evidence as may be offered. The court for the trial and impeachment may sit or continue its sessions at any time without reference to the terms as prescribed by law.
(Code 1876, §4052; Code 1886, §4824; Code 1896, §4870; Code 1907, §7105; Code 1923, §4503; Code 1940, T. 41, §184.)
The examiner or examiners so appointed shall have power to issue subpoenas for witnesses, which shall be served by the sheriff of the proper county or by any special constable appointed by such examiner or examiners, to compel the attendance of witnesses by attachment, to punish for contempt by fine or imprisonment in the county jail and to administer oaths to witnesses, and the oaths administered by such examiners shall, in all respects, be deemed and held to be lawful oaths.
(Code 1876, §4053; Code 1886, §4825; Code 1896, §4871; Code 1907, §7106; Code 1923, §4504; Code 1940, T. 41, §185.)
Either party shall have the right to appear before the examiner by himself and counsel and, to this end, shall have five days’ notice of the time and place of his sittings; each party shall have compulsory process to compel the attendance of witnesses; and, from the rulings of the examiner on any question of the admissibility and legality of evidence offered, either party may reserve an exception, to be decided by the Supreme Court.
(Code 1876, §4054; Code 1886, §4826; Code 1896, §4872; Code 1907, §7107; Code 1923, §4505; Code 1940, T. 41, §186.)
If such information is filed in the circuit court, the judge of such court shall make an order requiring the officer proceeded against to appear at a place and on a day to be specified in the order and answer the information. The clerk of the court shall issue a summons, in which shall be set forth a copy of the order, directed to any sheriff of the state of Alabama, and which, together with a copy of the information, shall be served on such defendant. Another day may be set and other summons issued as often as may be necessary, and continuances may be granted in the discretion of the court.
(Code 1876, §4055; Code 1886, §4827; Code 1896, §4873; Code 1907, §7108; Code 1923, §4506; Code 1940, T. 41, §187.)
When the information is filed in the circuit court, if the summons is served 20 days before the day specified in the order, such case shall stand for trial on that day; and, if the summons is served less than 20 days before the day specified in the order, then the court shall on the day specified in the order make an order setting another day on which the defendant shall answer the information and the case stand for trial. The case shall have precedence and priority over all other business in such court and, shall be proceeded with in all respects as civil actions are conducted, with the right to either party to except to the rulings of the court and to reserve such exceptions as in civil actions. The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands the same.
(Code 1876, §4057; Code 1886, §4829; Code 1896, §4875; Code 1907, §7110; Code 1923, §4508; Code 1940, T. 41, §189.)
From any final judgment or decision entered by any circuit court in proceedings under this chapter, an appeal shall lie to the Supreme Court in favor of the unsuccessful party. Notice of appeal must be filed within 42 days after the judgment is entered. Notices of appeal shall be given as in other cases. Such appeal shall have precedence and priority over all other appeals.
(Code 1876, §4061; Code 1886, §4834; Code 1896, §4881; Code 1907, §7119; Code 1923, §4514; Code 1940, T. 41, §195.)
If the appeal is taken by the state in cases instituted in its name by the Attorney General or a district attorney, no security for costs shall be required. In all other cases, security for costs shall be required as in appeals to the Supreme Court in civil actions, and such appeal shall not suspend the judgment of conviction.
(Code 1876, §4062; Code 1886, §4835; Code 1896, §4882; Code 1907, §7120; Code 1923, §4515; Code 1940, T. 41, §196.)
The sheriff, coroner or constable to whom process is issued under the provisions of this chapter shall perform all the duties as sheriffs are required to perform them, shall be liable to all the penalties to which sheriffs in similar cases are liable and shall be entitled to the same fees as sheriffs are entitled to for similar services. The examiners shall be entitled to such compensation as the Supreme Court may determine as fair equivalent for the services performed. All such fees and compensation shall be taxed in the bill of costs, but no costs shall be adjudged against the state nor against the successful plaintiffs on a return of “no property found” against the defendant, but may be paid out of the Treasury in all cases when the Governor thinks it right to pay the same.
(Code 1876, §4059; Code 1886, §4832; Code 1896, §4878; Code 1907, §7116; Code 1923, §4511; Code 1940, T. 41, §192.)
In all cases in which the sheriff is the party accused, all process relating to the case shall be executed by the coroner of the county or, if there is no coroner, then by such other person as may be appointed by the court or a judge in vacation. If the accused is the clerk of the court, then the court or judge thereof shall appoint a special clerk, who shall be some reliable and responsible person and who shall perform and discharge all the duties of the office as to this particular case, under the direction of the court or the judge thereof, until such case is finally determined, and who shall be liable to all penalties prescribed by law for any misfeasance, malfeasance or nonfeasance in the discharge of the duties of such office.
(Code 1876, §4056; Code 1886, §4828; Code 1896, §4874; Code 1907, §7109; Code 1923, §4507; Code 1940, T. 41, §188.)
Whenever any information for the impeachment of any member of a county commission, jury commission or other board charged by law with the duty of drawing petit juries is filed in any court in this state having jurisdiction to hear and determine such information, or whenever any article of impeachment or other proceedings for the impeachment of any such member are filed or commenced in any such court, the judge of the circuit court shall, in the manner provided by law, draw the jury for the trial of such cases.
(Code 1907, §7112; Code 1923, §4509; Code 1940, T. 41, §190.)
In all cases instituted under the provisions of this chapter, any and all amendments necessary to a trial of the case upon its merits shall be allowed. Witnesses may testify to any facts or circumstances within their knowledge which may show or tend to show that the accused has been guilty of any of the offenses or delinquencies charged against him or is incompetent, as the case may be; and, in like manner, the accused must have a similar right to introduce like evidence to show that he has not been guilty of the offenses or delinquencies charged against him or that he is not incompetent, as the case may be.
(Code 1876, §4064; Code 1886, §4836; Code 1896, §4883; Code 1907, §7121; Code 1923, §4516; Code 1940, T. 41, §197.)
Witnesses in impeachment cases are entitled to the same fees and compensation as witnesses in civil cases in the circuit court, to be certified in the same manner and taxed and collected as costs.
The examiner must file with his return a statement showing the names of witnesses examined by each party and the fees and compensation to which they are entitled.
When the proceeding is upon the information of the Attorney General, the fees of witnesses on the part of the state attending before the Supreme Court must be paid out of the treasury on warrant of the Comptroller, drawn upon the certificate of the clerk showing the fees and compensation to which the witness is entitled and the approval of the Attorney General endorsed thereon; but the same must be taxed as costs and, if collected of the defendant, must be by the clerk paid into the Treasury.
(Code 1896, §4879; Code 1907, §7117; Code 1923, §4512; Code 1940, T. 41, §193.)
The clerk or, if he is the accused, the person acting as clerk of the court in which the trial is held shall make and preserve a final record of the proceedings in all respects as clerks of the circuit courts are required to do of trials held therein, and all laws applicable thereto are made applicable to final records and proceedings under this chapter.
(Code 1876, §4060; Code 1886, §4833; Code 1896, §4880; Code 1907, §7118; Code 1923, §4513; Code 1940, T. 41, §194.)
It shall be the duty of the Clerk of the Supreme Court in all cases when final judgment of conviction is entered in that court, on appeal or otherwise, forthwith to certify the vacancy thus created to the appointing power with a copy of the judgment. In like manner, the clerk of the circuit court or person designated to act as clerk shall certify to the appointing power any final judgment of conviction entered in such court from which no appeal is taken.
(Code 1876, §4065; Code 1886, §4837; Code 1896, §4884; Code 1907, §7122; Code 1923, §4517; Code 1940, T. 41, §198.)
No statute of limitation shall be valid as a bar to any of the proceedings provided for by this chapter. The penalties in cases arising under the provisions of this chapter shall not extend beyond the removal from office and the disqualification from holding office under the authority of this state for the term for which the accused was elected or appointed, but the accused shall be liable to indictment, trial and punishment as prescribed by law.
(Code 1876, §4066; Code 1886, §4838; Code 1896, §4885; Code 1907, §7123; Code 1923, §4518; Code 1940, T. 41, §199.)
If, in any case of proceedings for impeachment or removal from office under this chapter, the defendant has removed, absconded or secreted himself so that the summons cannot be served on him personally, the sheriff or other officer to whom the summons is issued shall serve the same by leaving a copy thereof at the office of the defendant, if known, or at his last place of residence; and the sheriff shall forthwith publish in some newspaper published in the county or, if no newspaper is published in the county, in the newspaper published nearest thereto a copy of the summons and notice to the defendant where a copy thereof has been left for him. The sheriff shall make return of the summons as in other cases, stating the facts, and such service shall be as valid to all intents and purposes as personal service on the defendant; and, if the defendant fails to appear pursuant to the summons, whether served personally or as provided by this section, the court shall cause the plea of not guilty to be entered for him and the trial shall proceed as in other cases.
(Code 1876, §4070; Code 1886, §4841; Code 1896, §4888; Code 1907, §7126; Code 1923, §4521; Code 1940, T. 41, §202.)
A public officer or servant, as used in this article, is intended to and shall include, in addition to the ordinary public offices, departments, commissions, bureaus and boards of the state and the public officers and servants of counties and municipalities, all persons whatsoever occupying positions in state institutions.
(Acts 1915, No. 237, p. 287, § 7; Code 1923, §2694; Code 1940, T. 41, §144.)
All public officers and servants shall correctly make and accurately keep in and for their respective offices or places of business all such books or sets of books, documents, files, papers, letters and copies of letters as at all times shall afford full and detailed information in reference to the activities or business required to be done or carried on by such officer or servant and from which the actual status and condition of such activities and business can be ascertained without extraneous information, and all of the books, documents, files, papers, letters, and copies of letters so made and kept shall be carefully protected and safely preserved and guarded from mutilation, loss or destruction.
(Acts 1915, No. 237, p. 287, § 1; Code 1923, §2690; Code 1940, T. 41, §139.)
The books, documents and files shall be uniform in size and general style of makeup and binding throughout the several state offices and departments, and in their manufacture the best grades of paper, inks and binding shall be employed. Only papers, inks, typewriter ribbons, carbon papers and ink pads of a permanent and nondestructible character shall be used in any of such offices or departments. In contracting for the record books, letterheads or other writing papers, follow sheets, inks, typewriter ribbons, carbon papers and stamp pads, the officer, officers or agents charged with the selection or purchase thereof shall require substantial uniformity as above provided and shall select only such books or other materials as conform to the requirements specified in this section, to the end that all state, county, municipal and institutional records may be lasting and permanent.
(Acts 1915, No. 237, p. 287, § 2; Code 1923, §2691; Code 1940, T. 41, §140.)
All public officers and servants of this state shall turn over to their successors in office, together with a list thereof, all current books, papers and documents pertaining to the business, affairs or transactions of their office, taking a receipt therefor, which said receipt shall also contain a list of all such books, papers and documents.
(Acts 1915, No. 237, p. 287, § 4; Code 1923, §2693; Code 1940, T. 41, §142.)
All public officers and servants of the state, whenever any book, paper or document pertaining to the affairs, business or transactions of their office has ceased to be current, shall deliver the same together with a list of such books, papers and documents to the Director of the Department of Archives and History, receiving in return therefor a receipt from such director which shall also contain a list of such books, papers and documents, and all such books, papers, and documents of officers and servants of counties and municipalities shall be, when they cease to be current, in like manner delivered to the probate judge of such county and to the mayor, president of the board of commissioners or other executive officer of the municipality and, in like manner, such officer to whom such books, papers and documents are delivered shall give his receipt therefor.
(Acts 1915, No. 237, p. 287, § 3; Code 1923, §2692; Code 1940, T. 41, §141.)
In all cases in which it is not otherwise expressly provided, when any office is vacated, except by the death of the incumbent, all books, papers, property and money belonging or appertaining to such office shall, on demand, be delivered over to the qualified successor.
(Code 1852, §154; Code 1867, §193; Code 1876, §206; Code 1886, §301; Code 1896, §3133; Code 1907, §1549; Code 1923, §2683; Code 1940, T. 41, §132.)
If any person refuses or neglects, after demand made, to deliver over any books, papers or property as required in Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court or judge of the probate court of the county in which the person refusing resides; and, if such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered that any such books, papers or property are withheld, he shall grant an order requiring the person so refusing to show cause before him, on a day and at a place named in such order, why he should not be compelled to deliver the same.
(Code 1852, §155; Code 1867, §194; Code 1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code 1923, §2684; Code 1940, T. 41, §133.)
At the time so appointed or at any other time to which the matter may be adjourned, a copy of such order having been personally served on the person so refusing, such officer shall proceed to inquire into the circumstances. If the person charged with withholding such books, papers or property makes affidavit before such officer that he has delivered over to his successor all such books, papers and property in his custody or appertaining to such office, all further proceedings against him shall cease.
(Code 1852, §156; Code 1867, §195; Code 1876, §208; Code 1886, §303; Code 1896, §3135; Code 1907, §1551; Code 1923, §2685; Code 1940, T. 41, §134.)
If the person complained against does not make such affidavit and it appears that any such books, papers or property are withheld, the officer before whom the proceedings are had shall, by warrant, commit the person so withholding to the jail of the county, there to remain until he delivers such books, papers or property or is otherwise discharged by law.
(Code 1852, §157; Code 1867, §196; Code 1876, §209; Code 1886, §304; Code 1896, §3136; Code 1907, §1552; Code 1923, §2686; Code 1940, T. 41, §135.)
In the case stated in Section 36-12-23, if required by the plaintiff, such officer shall also issue his warrant, directed to any lawful officer, commanding him in the daytime to search such places as may be designated in such warrant for such books, papers and property as belonged and appertained to the office vacated and to seize and bring them before the officer issuing such warrant.
(Code 1852, §158; Code 1867, §197; Code 1876, §210; Code 1886, §305; Code 1896, §3137; Code 1907, §1553; Code 1923, §2687; Code 1940, T. 41, §136.)
Upon books, papers or property being brought before such officer by virtue of such warrant, he shall inquire and examine whether the same appertained to the office vacated, in which case he shall cause such books, papers and property to be delivered to the plaintiff.
(Code 1852, §159; Code 1867, §198; Code 1876, §211; Code 1886, §306; Code 1896, §3138; Code 1907, §1554; Code 1923, §2688; Code 1940, T. 41, §137.)
If any person holding any office in this state dies or his office in any way becomes vacant and any books, papers or property belonging or appertaining to such office come into the possession of any person, the qualified successor to such office may, in the manner before prescribed in Sections 36-12-20 through 36-12-25, demand such books, papers or property from the person having the same in his possession; and, on the same being withheld, an order may be obtained and the person charged may, in like manner, make oath of the delivery of all such books, papers and property that ever came into his possession; and, in case of his failure to make such oath and to deliver up the books, papers or property so demanded, such person shall be committed to jail and a search warrant may be issued and the books, papers, or property seized by virtue thereof and delivered to the plaintiff, as prescribed in Sections 36-12-20 through 36-12-25.
(Code 1852, §160; Code 1867, §199; Code 1876, §212; Code 1886, §307; Code 1896, §3139; Code 1907, §1555; Code 1923, §2689; Code 1940, T. 41, §138.)
(a) Every resident has a right to inspect and take a copy of any public record of this state, except as otherwise expressly provided by applicable law. Provided however, registration and circulation records and information concerning the use of the public, public school, or college and university libraries of this state shall be exempted from this section. Provided further, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child. Notwithstanding the foregoing, records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure, as defined at 42 U.S.C. § 5195c(e), and critical energy infrastructure information, as defined at 18 C.F.R. § 388.113(c)(1), the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public shall be exempted from this section. Any public officer who receives a request for records that may appear to relate to critical infrastructure or critical energy infrastructure information, shall notify the owner of such infrastructure in writing of the request and provide the owner an opportunity to comment on the request and on the threats to public safety or welfare that could reasonably be expected from public disclosure of the records.
(b) For purposes of this article, the judicial branch of state government and any office identified in Article VI of the Constitution of Alabama of 2022, are exempted from the requirements of Sections 36-12-43 through 36-12-45.
(Code 1923, §2695; Code 1940, T. 41, §145; Acts 1983, No. 83-565, p. 866, §3; Act 2004-487, p. 906, §1; Act 2024-278, §1.)
Every public officer having custody of a public record that a resident has a right to inspect shall provide him or her, on proper request as provided in this article, with a copy of the public record, on payment of a reasonable fee, as further provided in this article.
(Code 1923, §2696; Code 1940, T. 41, §147; Act 2024-278, §1.)
(a) It is the policy of the state to promptly provide residents with the opportunity to inspect public records and to request a copy, subject to payment of reasonable fees and to appropriate protections for private, confidential, privileged, and other nonpublic information, and to the interest of the general public in having the business of government carried on efficiently and without undue interference.
(b) For purposes of this article, the following terms shall have the following meanings:
(1) BUSINESS DAY. A day that the public officer’s office is open to the public and conducting normal operations.
(2) PUBLIC OFFICER. A public officer or his or her designee responsible for responding to public records requests.
(3) RESIDENT. An individual who is permanently domiciled in Alabama with an expectation to remain in Alabama as demonstrated by reasonable proof of residency such as, but not limited to, an Alabama driver license or voter registration.
(4) STANDARD REQUEST. A public records request that seeks one or more specifically and discretely identified public records that the public officer determines would take less than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records and any time needed to redact or take other measures to withhold protected information. A standard request should require no or minimal clarification by the requester.
(5) SUBSTANTIVE RESPONSE. A response to a proper public records request that sets forth the public officer’s ultimate position on the substance of the request. The term includes, but is not limited to, the following, in whole or in part:
a. A statement that the public records are provided as attached or enclosed.
b. A statement that access to the requested public records will be provided at a set time, place, and location during regular business hours or at a time, place, and location mutually agreeable to the public officer and the requester.
c. A statement that the public officer is prepared to provide the requested public records to the requester upon payment of a reasonable fee.
d. A statement that denies the request with reasons stated therefor.
e. A statement that denies the request on the grounds that the requested public record does not exist within the government agency. If known to the public officer, the public officer may identify the proper custodian or location for the requested public record.
f. A statement that denies the request for failure to substantially complete a standard request form.
g. A statement that denies the request for failure to substantially comply with the written procedures established by the public officer for such request.
h. A statement that denies the request because the records sought are not public.
(6) TIME-INTENSIVE REQUEST. A public records request that the public officer determines would take more than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records and any time needed to redact or take other measures to withhold protected information.
(c) This article is not intended to, and does not, change or in any way affect any protections for private, confidential, privileged, or other nonpublic information provided under applicable law.
(Act 2024-278, §2.)
(a) A public officer shall respond to a standard request subject to each of the following provisions:
(1) The public officer may require the requester to submit his or her request using a standard request form or by following the written procedures for accepting requests for public records established by the public officer.
(2) The public officer may require the requester to pay a reasonable fee set by the public officer before the requester may receive any public records. If the public officer elects to charge a fee, the public officer shall notify the requester of the estimated fee and withhold any public records until receipt of payment. The requester may opt not to pay the fee and thus not receive any substantive response. Additionally, the public officer shall have the discretion to require the requester to pay all or a portion of the estimated fee prior to searching for any responsive public records.
(3) The public officer shall acknowledge a proper request within 10 business days of receiving the request.
(4) The public officer shall provide a substantive response fulfilling or denying a proper request within 15 business days of acknowledging receipt. Although the public officer may extend this period in 15-business-day increments upon written notice to the requester, the public officer should process a standard request as expeditiously as possible considering the requester’s time constraints, the public officer’s workload, and the nature of the request.
(5) There shall be a rebuttable presumption that a proper standard request has been denied by the public officer if:
a. A substantive response is not provided to the standard request within the earlier of 30 business days or 60 calendar days following acknowledgment of receipt by the public officer; or
b. The public records are not produced within the earlier of 30 business days or 60 calendar days following the payment of the estimated fees to the public officer.
(6) There shall be no presumption that a proper standard request has been denied if:
a. The request is not proper or the public officer is not obligated or required to respond as provided in this section;
b. The public officer has responded in part;
c. The public officer and requester have reached an agreement regarding the time or substance, or both, of the response;
d. Negotiations are ongoing between the public officer and the requester; or
e. The public officer has reasonably communicated the status of the request to the requester.
(b) A public officer shall respond to a proper, time-intensive request subject to each of the following provisions:
(1) The public officer shall require the requester to submit his or her request using a standard request form or by following the written procedures for accepting requests for public records established by the public officer.
(2) The public officer shall require the requester to pay a reasonable fee set by the public officer before providing a substantive response to the requester. The public officer shall notify the requester in advance of any likely fees and shall withhold any substantive response until receipt of payment. Additionally, the public officer shall have the discretion to require the requester to pay all or a portion of the estimated fee prior to searching for any responsive public records.
(3) The public officer shall acknowledge the request within 10 business days of receiving the request.
(4) The public officer shall notify the requester within 15 business days after acknowledging receipt that the request qualifies as a time-intensive request. At that time, the public officer shall notify the requester of any likely fees and allow the requester to withdraw the time-intensive request and submit a new request that is not a time-intensive request. If the requester elects to proceed with a time-intensive request, the public officer shall provide a substantive response fulfilling or denying the request within 45 business days after the requester elected to proceed with his or her time-intensive request. The public officer may extend this period in 45-business-day increments by notifying the requester in writing.
(5) At or around the time of designating the request as time-intensive, the public officer shall make a record in a log maintained for keeping track of currently pending time-intensive requests. For each such currently pending request, the log shall identify the name of the requester and the date of acknowledgment pursuant to subdivision (3). The log shall be a confidential document that is not subject to disclosure pursuant to this article, provided the log may remain discoverable pursuant to proper discovery methods provided under applicable rules of procedure.
(6) There shall be a rebuttable presumption that a proper time-intensive request has been denied by the public officer if:
a. A substantive response is not provided within the earlier of 180 business days or 270 calendar days following the requester’s election to proceed with a time-intensive request.
b. The records are not produced within the earlier of 180 business days or 270 calendar days following the payment of the estimated fees to the public officer.
(7) There shall be no presumption that a proper time-intensive request has been denied if:
a. The request is not proper or the public officer is not obligated or required to respond as provided in this section;
b. The public officer has responded in part;
c. The public officer and requester have reached an agreement regarding the time or substance, or both, of the response;
d. Negotiations are ongoing between the public officer and the requester; or
e. The public officer has reasonably communicated the status of the request to the requester.
(c) A request made pursuant to this article shall identify the requested public record with reasonable specificity. A public officer shall not be obligated to respond to a public records request that is vague, ambiguous, overly broad, or unreasonable in scope.
(d) A public officer shall not be required to create a new public record if the requested record does not already exist.
(e) A public officer shall not be required to respond to requests that seek information or other materials that are not public records.
(f) A public officer may request reasonable evidence to establish proof of residency. A public officer may respond to public records requests made by nonresidents, in which case, a public officer’s decision to respond to such requests shall not operate as a waiver of the public officer’s right to deny other or future requests made by nonresidents.
(g) If a public officer responds to a request by seeking clarification or additional information, the timelines established in this section shall be tolled and shall restart once the public officer receives the requested clarification or additional information as if the requester had submitted a new request. A public officer’s decision to seek clarification or additional information with respect to any particular request shall not operate as a waiver of the public officer’s right to seek clarification or additional information in response to other, future requests.
(h) Nothing in this article shall be construed to prohibit a public officer from processing a public records request in a manner that is less expensive or more prompt from the perspective of the requester.
(Act 2024-278, §2.)
(a)(1) A resident may request access to a public record by following the written procedures for accepting such requests established by the public officer having custody of the public record. The written procedures may establish any of the following:
a. A standard request form for use in submitting a public records request.
b. A designee, such as a public records coordinator, to whom a public records request shall be addressed.
c. The permissible method or methods of transmitting a public records request.
d. Any other policies pertaining to the process for submitting a public records request.
(2) The public officer shall make his or her written procedures concerning public records reasonably available to the public.
(3) A public officer shall not be obligated to respond to a public records request that is not made pursuant to the public officer’s written procedures.
(4) Written procedures need not be adopted as administrative rules pursuant to the Alabama Administrative Procedure Act.
(b) In the absence of written procedures to the contrary, each of the following shall apply:
(1) A resident may submit a public records request by delivering the request by hand or by mailing the request to the main office or principal place of business of the public officer having custody of the public record.
(2) Receipt of a hand-delivered public records request occurs when the request is received at the public officer’s main office or principal place of business. Receipt of a mailed public records request occurs on the date of actual receipt by the public officer. A certified mail receipt or similar signed postage receipt shall be prima facie evidence of receipt by the public officer.
(3) The standard request form shall read substantially as follows, provided a public officer may require additional information or modify the order or format in which the information is requested:
“Requester’s contact information:
Name:__________________________________________________
Phone number:__________________________________________
Email address:_________________________________________
Street address:________________________________________
City:__________________________________________________
State:_________________________________________________
Zip:___________________________________________________
Agency you are requesting public records from:
Date of request:_______________________________________
Records requested: (Be as specific as possible. A public officer is not obligated to respond to a request that is vague, ambiguous, overly broad, or unreasonable in scope, nor is a public officer obligated to respond to a request that seeks records that do not exist or materials that are not public records. Additionally, extensive requests for public records may increase the fees to cover the administrative cost of searching and copying the requested records.)
Payment of fees may be required before your request is fulfilled.
By submitting this request, you certify that you are an Alabama resident with standing to make a request for public records pursuant to Alabama law.”
(Act 2024-278, §2.)
Nothing in this article shall be construed to permit any party to a pending or threatened action, suit, or proceeding to obtain information regarding a matter relevant to the pending or threatened action, suit, or proceeding in lieu of the proper discovery methods provided under applicable rules of procedure.
(Act 2024-278, §2.)
When any records relating to a public contract for goods or services are requested pursuant to this article, the public officer having custody of the records shall redact account numbers, tax identification numbers, routing numbers, employee identification numbers, sensitive personally identifying information as defined in Section 8-38-2, and similar information that may be used to initiate a financial transaction.
(Act 2026-592, §1.)
The object and purpose of this article is to place all candidates for any state office upon an equality by the prevention of the use of any state-owned property in the promotion or advancement of the candidacy of any individual to the nomination or election to any public office of the State of Alabama.
(Acts 1939, No. 657, p. 1031, §3; Code 1940, T. 41, §147(3).)
It shall be unlawful for any officer or employee of the State of Alabama to use or to permit to be used any state-owned property of any character or description, including stationery, stamps, office equipment, office supplies, automobiles or any other property used by him, in his custody or under his control for the promotion or advancement of the interest of any candidate for the nomination or election to any public office of the State of Alabama.
(Acts 1939, No. 657, p. 1031, §1; Code 1940, T. 41, §147(1).)
It shall be unlawful for any officer or employee of the State of Alabama to transport, cause to be transported or to allow to be transported in any automobile or other vehicle belonging to the state or any privately owned vehicle while mileage is paid by the state any campaign literature or propaganda which promotes or tends to promote his candidacy or the candidacy of any other person for the nomination or election to any office of the State of Alabama.
(Acts 1939, No. 657, p. 1031, §2; Code 1940, T. 41, §147(2).)
It shall be the duty of all officers, heads of departments and all other individuals and boards charged with the duty of appointing individuals to state office or employing any individual in the state, if any part of the compensation is to be paid by the state, immediately to discharge all such officers or employees so appointed who violate any of the provisions of this article.
(Acts 1939, No. 657, p. 1031, §4; Code 1940, T. 41, §147(4).)
Any officer or employee of the State of Alabama who violates any of the provisions of this article shall be subject to impeachment and removal from office and shall also be guilty of a misdemeanor and, upon conviction thereof, shall be punished in the manner provided by law for such offenses.
(Acts 1939, No. 657, p. 1031, §5; Code 1940, T. 41, §147(5).)
The oath required by Article 16, Section 279 of the Constitution of this state may be administered to the Governor by the presiding officer of either house of the Legislature or by any officer authorized by law to administer an oath at any place in this state.
(Code 1852, §53; Code 1867, §67; Code 1876, §65; Code 1886, §66; Code 1896, §1953; Code 1907, §550; Code 1923, §753; Code 1940, T. 55, §171.)
The Governor may employ an executive secretary to the Governor, a recording secretary, a principal administrative assistant, stenographers, a special investigator, press secretary and administrative assistants whenever and for such period as he may deem necessary. Whenever, in his judgment, it is expedient or necessary, the Governor may employ an attorney or attorneys to advise him in his official capacity, or to institute, conduct or appear in any court or in any civil or criminal case in which the state is interested and to agree with such counsel on his compensation. The salaries of the secretaries, principal administrative assistant, stenographers, a special investigator, press secretary and administrative assistants shall be paid as the salaries of other state employees are paid. The compensation of such counsel shall be paid in the amount and at the time agreed upon out of such funds as are appropriated to the Governor’s office.
(Code 1852, §51; Code 1867, §§59-61; Code 1876, §§57-59; Code 1886, §§58-60; Code 1896, §§1958-1960, 1964; Code 1907, §§555-557, 561; Acts 1911, No. 347, p. 369, §1; Acts 1923, No. 600, p. 789, §2; Code 1923, §§758-760, 764; Acts 1933, Ex. Sess., No. 138, p. 124, §1; Acts 1939, No. 32, p. 33, §1; Acts 1939, No. 107, p. 139, §1; Code 1940, T. 55, §174; Acts 1949, No. 116, p. 143, §1; Acts 1955, No. 387, p. 923, §1.)
When any civil action is instituted against any person deriving title from the state to recover any lands within the limits of the same, under pretense of any claim inconsistent with its sovereignty and jurisdiction, the Governor must provide for the defense of such civil action.
(Code 1852, §20; Code 1867, §21; Code 1876, §17; Code 1886, §17; Code 1896, §1972; Code 1907, §570; Code 1923, §774; Code 1940, T. 55, §177.)
Should any deficiency occur in the State Treasury at any time, the Governor may negotiate temporary loans, not to exceed $100,000.00, or so much thereof as may be necessary, to supply such deficiency.
(Code 1896, §1957; Code 1907, §554; Code 1923, §757; Code 1940, T. 55, §173.)
The Code Commissioner shall have each volume of the pamphlet acts of the Legislature at each session thereof and each volume of the code copyrighted for the use and benefit of the state.
(Code 1896, §1973; Code 1907, §571; Code 1923, §775; Code 1940, T. 55, §178; Act 98-676, p. 1488, §1.)
There is hereby created in the State Treasury a fund to be known as the Mansion Fund. The purpose of said fund shall be to pay for all expenses incident to the operation and maintenance of the official residence of the chief executive of the State of Alabama, including all provisions, servants, upkeep and other items, and also all expenses for public or official memorials, entertainment, travel and other items incident to his office or authorized by him; except, that no part of said fund shall be used to pay the personal household expenses of the Governor or any of the members of his immediate family.
The money appropriated to said Mansion Fund shall be subject to withdrawal and expenditure upon voucher authorized, approved and certified by the Governor, upon which the Comptroller shall issue his warrant.
The expenditures from said Mansion Fund shall be limited to the amount appropriated thereto by the Legislature and shall be budgeted and allotted pursuant to the provisions of Article 4 of Chapter 4 of Title 41.
(Acts 1951, No. 489, p. 871, §§ 1-3.)
The Governor is authorized and empowered to remove from office and discharge from employment, with or without cause, any person who holds office or employment in any of the state executive departments and agencies by virtue of appointment by the incumbent Governor or any preceding Governor, except those employees subject to the Merit System provisions.
(Acts 1939, No. 8, p. 4, § 1; Code 1940, T. 55, §180.)
The Governor is hereby authorized and empowered to accept from the federal government or any agency or instrumentality thereof, in the name of and for the State of Alabama, grants and advances of funds and real or other personal property for any purpose of the state government not contrary to the Constitution of Alabama.
The Governor is further authorized and empowered, insofar as is not specifically prohibited by the constitution and the then existing statutes, to meet and to require, by his executive order, any other agency or instrumentality of the state government to meet the terms and conditions imposed on such grants and advances in acts of the Congress of the United States, executive orders of the President of the United States or any rule, regulation or order of any other agency or instrumentality of the federal government, it being the intent of this section to permit the State of Alabama to participate fully in grants and advances made available to it by the federal government.
The Governor may delegate such of his powers and authorities herein provided for, as he deems necessary, to any other agency or instrumentality of the state government.
(Acts 1945, No. 49, p. 51, §§ 1-3.)
The Governor is hereby authorized and empowered to give, by his executive order, to existing agencies and instrumentalities of the state government, such powers and duties which are not in conflict with the Constitution of Alabama and which are not specifically prohibited by the then existing statutes as may be required to implement in Alabama any law, order, rule, regulation, program or plan promulgated by the federal government, or any agency or instrumentality thereof, for the welfare of the people of the United States, or as may be required, in his judgment, for the welfare of the people of the United States, or as may be required, in his judgment, for the welfare of the people of Alabama.
(Acts 1945, No. 60, p. 60, § 1.)
All property belonging to the state, not including money or evidence of debt, is, unless otherwise provided by law, under the control of the Governor.
(Code 1852, §§557, 558; Code 1867, §§632, 633; Code 1876, §538; Code 1886, §§644, 645; Code 1896, §1955; Code 1907, §552; Code 1923, §755; Code 1940, T. 55, §181.)
(a) All former governors of the State of Alabama upon reaching the age of 60 shall be entitled to a monthly retirement payment out of the General Fund in the State Treasury which shall equal 68 percent of the Governor’s salary if said former governor had served for one full term or less; the amount paid shall equal 100 percent of the Governor’s salary if he has served two full terms or more.
(b) All former governors of the State of Alabama, regardless of age, who sustain permanent total physical or mental disability during their terms of office, by accident or otherwise, shall be entitled to their full salary for life upon leaving office.
(c) Said payments shall be paid out of the General Fund in the State Treasury on a monthly basis each and every month once a former governor becomes eligible for such payments. A former governor eligible for compensation under subsection (b) of this section shall not receive payment under subsection (a) of this section.
(d) Disability under subsection (b) of this section shall be determined as of the date the person so entitled leaves the Governor’s office by resignation or otherwise. Proof shall be made by any interested party to the state Finance Director, who shall promptly certify the fact of disability to the state Comptroller. It shall be considered sufficient proof if three practicing physicians certify under oath that a former governor is so permanently totally disabled.
(e) Any law or part of law to the contrary notwithstanding, the state Comptroller shall cause to be deducted from the salary paid to a Governor of the State of Alabama, being subject to this section, which provides for payment of retirement benefits to former governors, 10 percent of his earnable compensation; such deduction to be deposited by the Comptroller in the General Fund in the State Treasury.
(Acts 1975, No. 343, p. 881, §§1-4; Acts 1975, 4th Ex. Sess., No. 66, p. 292, §5.)
Any unremarried widow or widower who was the wife or husband of any person who has held the office of Governor of Alabama during such person’s term of office as Governor shall be entitled to a pension of $1,200.00 per month, which shall be payable at the end of each month from any funds in the State Treasury not otherwise appropriated, until he or she remarries or dies.
(Acts 1969, No. 413, p. 812, § 1; Acts 1988, 1st Ex. Sess., No. 88-839, p. 312, § 1.)
(a) There is hereby created the office of Governor’s Councillor. Every person who shall have been elected to the office of Governor of Alabama for two terms or more and who shall have attained age 60 may be entitled to become a Governor’s Councillor upon his application to the Governor and upon the Governor’s certifying his employment as such councillor. A councillor shall hold office at the pleasure of the Governor.
(b) It shall be the duty of a Governor’s Councillor, upon the request of the Governor, to provide such aid, counsel, advice and assistance as the Governor may require or direct. All reports, advice, counsel or recommendations of a councillor shall be confidential and privileged and shall not be divulged or revealed by a councillor to anybody except the Governor.
(c) A councillor shall be entitled to compensation payable from the State Treasury at the same times and in the same way that the Governor’s salary is paid, which shall be in the amount of $18,000.00 per annum.
(d) This section shall automatically expire and have no force and effect immediately upon the adoption of a constitutional amendment providing or authorizing retirement or pensions for former governors if any such constitutional amendment should be proposed in the future.
(Acts 1977, No. 596, p. 797, §§ 1-4.)
(a) The Department of Public Safety shall provide and maintain two personnel to provide protection and security to the person of any former governor, who while in office, sustained permanent bodily injury from any violent criminal act of another.
(b) Such personnel shall be provided beginning at the end of the term of office of any such Governor and shall continue for such time and duration as deemed necessary by such former governor.
(Acts 1978, No. 589, p. 692, §§ 1, 2.)
It is the intent of the Legislature that any discretionary funds appropriated to the Governor, or otherwise under the control of the Governor, not be disbursed by the Governor based upon race, gender, or national origin.
(Act 2006-406, p. 1014, §4.)
(a) The Governor shall disclose and make available flight logs of the state aircraft. Except for flight logs of aircraft used for ongoing criminal investigations by the Department of Public Safety, the Governor shall maintain a record of the flight logs for public inspection and shall post records of the flight logs on the Internet at the official website of the Governor. The records posted on the website shall include, but not be limited to, all of the following information of each flight:
(1) The date of departure.
(2) The destination.
(3) The purpose.
(4) A manifest of all passengers.
(5) The date of return.
(b) The disclosures and posting under subsection (a) shall be made quarterly, on the first working day of the second quarter following the quarter that is the subject of the report.
(c) The Department of Examiners of Public Accounts shall annually audit the usage of the state airplane and the quarterly disclosure required in subsection (b).
(Act 2009-789, p. 2480, §1.)
(a) If any act of the Legislature provides that the Governor is designated as a member of a multi-member body, the Governor may designate any individual to serve in his or her place.
(b) The Governor’s designee under subsection (a) shall serve at the pleasure of the Governor.
(c) This section applies to multi-member bodies in existence on August 1, 2021, and any subsequently created.
(Act 2021-484, §2.)
There is hereby created in the State Treasury a fund to be known as the Governor’s Contingency Fund. Said fund shall be expended under the direction of the Governor, at his discretion, and shall be accounted for by him to the Legislature at each session; provided, however, that the Governor shall file with the Legislative Council on a monthly basis a list of all expenditures made by him from said fund.
(Acts 1989, No. 89-353, p. 699, §1.)
The Governor is, at his discretion, authorized to make expenditures from the Governor’s Contingency Fund for expenses incident to the purposes of state government, or as the public service might require, and for which no appropriation or an insufficient appropriation was made. Included within the authorized expenditures by the Governor, but not limiting the general purposes set forth herein, are: the ordinary expenses of the executive department of government, including but not limited to the expenses of the Governor, the Governor’s office and staff; the expenses and any compensation of commissions and committees appointed by the Governor for public purposes; expenses for law enforcement and for the better enforcement of the laws of Alabama and subdivisions thereof; expenses for keeping the peace; for compensation and expenses of attorneys and experts employed by or on behalf of the Governor, the state, its departments or agencies; as otherwise authorized by statute or practice; and for grants and benefits for the betterment of the public welfare, health, education, peace and morals of the people of this state, which grants shall be limited to the State of Alabama, its departments and agencies, and local political subdivisions, their departments, agencies, boards of education and public schools. All persons employed by the Governor for whom no compensation shall be prescribed and for the compensation of whom no money has been appropriated, may be paid by the Governor, in his discretion, and he is authorized to pay them from the Governor’s Contingency Fund. Provided, however, that the Governor may not increase the amount of compensation of any public official whose compensation is designated by law, nor may expenditures be made from the Governor’s Contingency Fund to compensate employees subject to Merit System provisions. Provided further, that funding from the Governor’s Contingency Fund shall not create a continuing obligation on the part of the state.
(Acts 1989, No. 89-353, p. 699, §2.)
The money appropriated to said Governor’s Contingency Fund shall be subject to withdrawal and expenditure upon voucher authorized, approved and certified by the Governor, upon which the Comptroller shall issue his warrant.
(Acts 1989, No. 89-353, p. 699, §3.)
The expenditures from said Governor’s Contingency Fund shall be limited to the amount appropriated thereto by the Legislature.
(Acts 1989, No. 89-353, p. 699, §4.)
(a) The Governor shall disclose all expenses from the Governor’s Contingency Fund to the citizens of Alabama. The Governor shall maintain a record of the expenditures from the Governor’s Contingency Fund for public inspection and shall post the records of the expenditures on the Internet at the official website of the Governor.
(b) The disclosures and posting under subsection (a) shall be made quarterly, on the first working day of the second quarter following the quarter that is the subject of the report.
(c) The Department of Examiners of Public Accounts shall annually audit the quarterly disclosure required in subsection (b).
(Act 2009-789, p. 2472, §1.)
AMENDED BY ACT 2026-209, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
There is established in state government the agency that shall be known as the Alabama Office of Minority Affairs, to advise the Governor on issues affecting minorities, including women, focusing on the improvement of the overall quality of life of minorities, specifically in the areas of education, health, economics, political participation and empowerment, housing, employment, civil rights, criminal justice, and race relations and to draft policy recommendations for addressing those issues.
(Act 2016-378, p. 933, §1; Act 2022-402, §1.)
(a) The office shall be managed by a Director of the Alabama Office of Minority Affairs, who shall be appointed by and serve at the pleasure of the Governor. The position of director shall be a Governor’s cabinet position.
(b) The director may employ and prescribe the duties of employees for the office as he or she deems necessary to carry out the duties and functions of the office. All employees of the Governor who work in the Governor’s Office of Minority Affairs on July 1, 2022, shall be transferred to the Alabama Office of Minority Affairs with no loss of compensation or benefits. After July 1, 2022, the compensation of those employees shall be established by the director in an amount that does not exceed the amount of compensation paid to comparable Merit System classifications. All other employees of the office shall be employed pursuant to the state Merit System.
(c) The director shall employ individuals in a manner to assure the office staff is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(Act 2016-378, p. 933, §2; Act 2022-402, §1.)
(a) The director shall act as a liaison between minority communities and the Governor, with duties to do all of the following:
(1) Conduct community outreach throughout the state to assess and address issues facing women and minorities.
(2) Ensure that all women and minorities are better represented and receive equal access in areas such as business development, education, health care, housing, government services, and criminal justice matters.
(3) Encourage public debate on issues affecting Alabama minority populations, including open access to public services and fair and equitable implementation of public policy.
(4) Assess efforts by state agencies to assist women and minorities, promoting self-sufficiency through education and training.
(5) Collaborate with business and industry representatives, the Alabama Workforce Council, higher education stakeholders, and the Alabama Small Business Commission to facilitate identification of minority and women-owned businesses and to provide recommendations on how to better foster economic development opportunities for minority and women-owned businesses, with the goal of increasing the number of minority and women-owned businesses.
(6) Advise the Governor concerning the coordination and administration of state programs serving minority populations.
(7) Monitor existing legislation and programs designed to meet the needs of minorities.
(8) Research and analyze all areas affecting the quality of life of minorities.
(b) The director shall perform other duties affecting women and minorities, as assigned by the Governor.
(Act 2016-378, §3.)
AMENDED BY ACT 2026-209, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
The Advisory Committee on Minority Affairs is created to act as a resource for the director in an advisory capacity. The committee shall be comprised of representatives from various racial and ethnic communities, female representation, state government officials, and experts in education and work force. The committee shall be appointed by and serve at the pleasure of the Governor.
(Act 2016-378, p. 933, §4; Act 2022-402, §1.)
It is the duty of the Secretary of State:
(1) To keep the state seal, the original statutes and public records of the state, and the records and papers belonging to the Legislature, keeping the papers of each house separate.
(2) To attest commissions and all other public documents from the executive of the state and, when necessary, to affix the seal of the state thereto and to certify the same in his or her official capacity.
(3) To record, in books proper for that purpose, all grants and patents issued by the state.
(4) To keep all books, maps, and other papers appertaining to the survey of lands belonging to the state and the books and papers belonging to the land office.
(5) To keep in his or her office the books, maps, and field notes of the late surveyor general of the United States for this state which are public archives of the state and, upon application, to give certified copies of the same, which shall be received in evidence in any of the courts of this state.
(6) On application and the payment of lawful fees, to certify copies of all records, grants, papers, and laws of the several states or of the United States.
(7) To make annually, by September 30, a verified and itemized account of all money and fees received in his or her office and of all payments and disbursements made, which must be reported to and filed with the Governor, and transmitted to the next succeeding Legislature.
(8) To give notice to the district attorneys of the respective circuits or counties of all officers who fail to file their bonds in his or her office or make returns of elections within the time prescribed.
(9) To procure the acts and resolutions of the Legislature.
(10) To maintain electronically digital copies of all bills, joint resolutions, and memorials by order of either house of the Legislature.
(11) On entering into the contract provided for in Section 11-3-25, to furnish to the county commissions, from the records now in his or her office, exact copies of the field notes of the original surveys of all the lands in their respective counties, which shall be books of proper size to be supplied by such courts, at the close of which he or she shall append his or her certificate as to the correctness thereof under the Great Seal of the State.
(12) To procure from the general land office in Washington, D.C., complete lists of the entries of public lands in Alabama, so as to be enabled to complete the Alabama state tract books in his or her office to date, the expense attending the procurement of which to be paid upon his or her certificate to the Comptroller, or who shall draw a warrant on the Treasurer.
(13) To procure lists of entries of public lands in this state annually, so as to comply with subdivision (14), the expense to be paid as provided in subdivision (12).
(14) To enter on the tract books, by October 1 of each year, a list of all the lands (not already so entered) sold by the United States, and to make out and furnish each judge of probate, by January 1 of each year, a register or statement showing all the lands so sold in the county of the judge and not embraced in any register or statement previously furnished.
(15) To file all deeds or leases given or which may be given conveying real property to the State of Alabama, or any of its departments, agencies, commissions, boards, institutions, or public corporations brought into existence by act of the Legislature, except tax sales deeds, in the office of the Secretary of State. The Secretary of State shall promptly record the deeds so filed in his or her office by writing, typewriting, photostat, or by electronic format and shall preserve the deeds as recorded in a well-bound book if not stored in electronic format. The Secretary of State shall be required to furnish a certified copy of all deeds filed for record in his or her office to any department, agency, commission, board, institution, or public corporation created by act of the Legislature, when any such department, agency, commission, board, institution, or public corporation formed or created by act of the Legislature desires a certified copy of such deed.
(16) To perform such other duties as he or she is or may be required by law to perform.
(17) To implement a central filing system that complies with regulations adopted by the Secretary of the United States Department of Agriculture pertaining to central filing of liens on farm products.
(Code 1852, §56; Code 1867, §75; Code 1876, §73; Code 1886, §84; Code 1896, §174; Code 1907, §573; Code 1923, §778; Code 1940, T. 55, §182; Acts 1943, No. 399, p. 365, §1; Act 2002-518, p. 1337, §2; Act 2019-414, §1; Act 2022-343, §1.)
Before entering upon his duties of office, the Secretary of State shall execute to the state of Alabama a bond, to be approved by the governor, in the amount of $10, 000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190, § 1.)
The Secretary of State shall charge the person for whom the service is rendered the following fees:
(1) For reproducing any law or other material where the copy is desired, $1.00 per page, and for the annexation of the seal of the state, $1.50.
(2) For any certificate and the annexation of the seal of the state, $5.00.
(3) For the preparation of each set of field notes, $1.00, and for the annexation of the seal of the state, $1.50.
(Code 1852, §58; Code 1867, §77; Code 1876, §76; Code 1886, §87; Code 1896, §1977; Code 1907, §577; Code 1923, §782; Code 1940, T. 55, §186; Acts 1963, No. 558, p. 1176, §1; Acts 1990, No. 90-184, p. 211, §1.)
The Secretary of State has the charge of all the books owned and kept for sale by the state and it is his duty to sell the same. He is liable upon his official bond for failure of any of the duties imposed in selling the same and for failure to pay over the money received therefor.
(Code 1867, §79; Code 1876, §78; Code 1886, §89; Code 1896, §1979; Code 1907, §579; Code 1923, §784; Code 1940, T. 55, §187.)
The Secretary of State may dispose of, as may be deemed most expedient, all acts, journals, codes, department reports, and all other books in his or her custody; provided, that five copies of each series of the acts, five copies of the journal of each session of the House and Senate, and five copies of the codes shall be preserved and kept in the custody of the Secretary of State.
(Code 1907, §581; Code 1923, §786; Code 1940, T. 55, §189; Act 2023-535, §1.)
The Secretary of State must, at the commencement of his term of office, file in the Governor’s office a list of such books as come into his possession for sale and must, at the end of every quarter of such term, return to the Director of Finance a certified statement showing the number and description of books sold and the amount of money received therefor at prices fixed upon such books and pay the same to the Treasury for the use of the state.
(Code 1867, §80; Code 1876, §79; Code 1886, §90; Code 1896, §1980; Code 1907, §582; Code 1923, §787; Code 1940, T. 55, §190.)
The Secretary of State must keep in his office a book in which shall be entered an account of books sold and money paid over.
(Code 1867, §82; Code 1876, §81; Code 1886, §92; Code 1896, §1981; Code 1907, §583; Code 1923, §788; Code 1940, T. 55, §191.)
At the end of his term of office or his resignation, the Secretary of State must file, in the office of the Governor, a full statement of the books sold and remaining on hand, to be turned over to his successor, and is liable on his bond for failure to comply with the requirements of this section and Sections 36-14-4 through 36-14-8.
(Code 1867, §81; Code 1876, §80; Code 1886, §91; Code 1896, §1982; Code 1907, §584; Code 1923, §789; Code 1940, T. 55, §192.)
The receipt of the doorkeeper of the Senate or House of Representatives is a sufficient voucher for the Secretary of State for each book so receipted for, and a receipt of a member of either house to the doorkeeper thereof is a sufficient voucher for the doorkeeper.
(Code 1896, §1983; Code 1907, §585; Code 1923, §790; Code 1940, T. 55, §193.)
(a) The Secretary of State shall retain for the use of the executive offices and the two houses of the Legislature the number of copies of all volumes of the acts and resolutions of each session necessary to provide for distribution pursuant to law. The Secretary of State shall transmit to the Department of State of the United States two copies of each volume, and distribute to the Governor, Treasurer, Auditor, Superintendent of Education, Commissioner of Agriculture and Industries, State Health Officer, Adjutant General, the Department of Corrections, President and each Associate Commissioner of the Public Service Commission, Commissioner of Conservation and Natural Resources, Department of Revenue, Clerk of the Supreme Court, Secretary of the Senate, and Clerk of the House of Representatives two copies of each volume, to the Attorney General and Secretary of State, three copies, to the Department of Archives and History, five copies, to the Chief Examiner of the Department of Examiners of Public Accounts, 40 copies, and to the President of the University of Alabama, for the law department, 8 copies of each volume, and to each judge of the Supreme Court, Court of Civil Appeals, Court of Criminal Appeals, circuit court, district attorney, United States District Judge, and United States Attorney in this state one copy of each volume, and to the Supreme Court Library, 11 copies of each volume, and to the Department of Justice of the United States, one copy of each volume, and to the United States Circuit Court of Appeals for the Eleventh Circuit, one copy of each volume, and to the Librarian of Congress at Washington, for the purpose of copyright, two copies of each volume, and to the University of Alabama, for the Land Commissioner, the University of Montevallo, each normal school in the state, Auburn University, and to each district agricultural school in the state, one copy of each volume. Any department, officer, or court named in this section may reduce or refuse the allocation of acts upon written request to the Secretary of State.
(b)(1) In lieu of binding and distributing copies of each volume of acts and resolutions as required under subsection (a), the acts and resolutions may be stored in electronic format and distributed by electronic means, including the posting of the acts and resolutions on the public website of the Secretary of State.
(2) If the Secretary of State elects to distribute copies of each volume of acts and resolutions by electronic means as provided in subdivision (1), he or she may provide written notice by regular mail to all recipients as soon as practicable.
(Code 1852, §96; Code 1867, §135; Code 1876, §140; Code 1886, §232; Code 1896, §1984; Code 1907, §586; Acts 1909, No. 140, p. 277, §1; Code 1923, §793; Acts 1936, Ex. Sess., No. 170, p. 201; Code 1940, T. 55, §194; Acts 1997, No. 97-585, p. 1034, §1; Act 2019-414, §1.)
The Secretary of State shall furnish, by electronic means or otherwise, to the Library of Congress, for the Division of Documents, a copy of the general and local laws of the State of Alabama for each session.
(Acts 1936, Ex. Sess., No. 32 1/2, p. 22; Code 1940, T. 55, §195; Act 2019-414, §1.)
(a) The Secretary of State must also transmit to the chair of the county commission and the judges of probate of each county, for such judge, each member of the Legislature, clerk of any court of record, sheriff, and register of the circuit court, one copy of each volume. The remaining copies must be sold as other books and documents, the property of the state, at a price to be established by the Secretary of State, and the proceeds thereof paid into the Treasury.
(b)(1) In lieu of binding and distributing copies of each volume of acts and resolutions as required under subsection (a), the distribution may be made by electronic means, including the posting of the acts and resolutions on the public website of the Secretary of State.
(2) If the Secretary of State elects to distribute copies of each volume of acts and resolutions by electronic means as provided in subdivision (1), he or she may provide written notice by regular mail to all recipients as soon as practicable.
(Code 1852, §97; Code 1867, §136; Code 1876, §142; Code 1886, §234; Code 1896, §1985; Code 1907, §587; Code 1923, §794; Code 1940, T. 55, §196; Acts 1982, 2nd Ex. Sess., No. 82-763, p. 238, §1; Act 2019-414, §1.)
Whenever any of the books furnished by the state to the judicial officers thereof have been destroyed without fault on their part, or on the part of their predecessors in office, the Secretary of State shall furnish to the incumbents duplicate copies, if in the possession of the state and not required for use by the state or otherwise appropriated, but before he shall do so, the Secretary of State shall be satisfied, by affidavit or other evidence, that such books were destroyed without fault on the part of such officers or their predecessors.
(Code 1876, §143; Code 1886, §235; Code 1896, §1986; Code 1907, §588; Code 1923, §795; Code 1940, T. 55, §197.)
(a) The Secretary of State may cause any record, document, plat, file, book, map, paper or other writing made, acquired or received as required by law to be photographed or microphotographed on plate or film. Such photographs, microfilms or prints made therefrom, when duly authenticated by the Secretary of State, shall have the same force and effect at law as the original record or of a record made by any other legally authorized means and may be offered in like manner and shall be received in evidence in any court where such original record, or record made by other legally authorized means, could have been introduced and received.
(b) The Secretary of State may buy or lease photographic or microphotographic equipment and supplies necessary to carry out the provisions of subsection (a) of this section.
(Acts 1963, No. 559, p. 1177, §§ 1, 2.)
The Secretary of State is hereby authorized to hire, without regard to the state Merit System law, one additional employee who shall serve at the pleasure of the Secretary of State. The position shall be an executive assistant position with duties assigned by the Secretary of State with a salary range of $29,068.00 to $44,070.00. For purposes of pay and employment benefits, rights and privileges, the said additional employee shall be treated as if he or she is an employee of the state.
(Acts 1991, No. 91-597, p. 1100, §1.)
(a) As used in this section, the following words have the following meanings:
(1) BOARD. A state board, commission, committee, permanent task force, or similar multi-member entity created by executive order of the Governor or by law and having statewide or regional jurisdiction or application.
(2) VACANCY. A vacancy in an existing board, or a new, unfilled board position.
(b)(1) Not later than April 3, 2023, the Secretary of State shall establish and maintain on the official website of the Secretary of State accurate, detailed, and up-to-date information regarding every board which includes, at a minimum, all of the following information:
a. The name of the board, its mailing address, telephone number, and email address.
b. A brief description of the board’s mission and duties.
c. The name of each appointee to the board.
d. The date of appointment, term of appointment, and expiration date of the term of appointment of each appointee.
e. The name and position of the appointing authority of each appointee.
f. The statutory authority for board appointments.
(2) The website shall have a search feature that, at a minimum, allows searches by board name, by appointing authority, and by terms and expiration date of appointments.
(3) Not later than 30 days after a new board is created, the Secretary of State shall update the website to include the information described in subdivision (1).
(c) The chair of an existing board shall notify the Secretary of State by electronic means of a vacancy as follows:
(1) For a vacancy scheduled to occur on the board as a result of the expiration of a term, at least 45 days before the vacancy occurs.
(2) For a vacancy occurring for any reason other than the expiration of a term, as soon as possible, and in any case within 15 days after the occurrence of the vacancy.
(d) Notification of the appointment of board members of a newly created board shall be provided electronically to the Secretary of State within five business days of appointment as follows:
(1) For an appointing authority who is a member of the Legislature, the Clerk of the House or the Secretary of the Senate, as appropriate, shall notify the Secretary of State of the appointment.
(2) For any other appointing authority, the appointing authority shall notify the Secretary of State of the appointment.
(e) The chair of each board shall be responsible for ensuring all relevant information is transmitted to the Secretary of State in a timely manner.
(f) Not more than 30 days after a board is sunsetted, abolished, or terminated, the Secretary of State shall remove the board from the website as an active board, but may retain the board information for archival purposes.
(g) The Secretary of State shall maintain on the website of the Secretary of State a list of all current vacancies.
(h) The Secretary of State, on or before the tenth legislative day of each regular session of the Legislature, shall submit a report detailing the membership and viability status of each board to the Chairs of the House Boards, Agencies, and Commissions Committee and the Senate Governmental Affairs Committee. If the annual report reveals that a board has been inactive for five or more years, the Secretary of State shall recommend that the Sunset Committee call the board for review, pursuant to the Alabama Sunset Law of 1981, and introduce a bill to terminate the board during the next regular session.
(i) The Secretary of State may adopt necessary rules to implement and administer this section.
(Act 2006-630, p. 1723, §§1-5; Act 2022-355, §1.)
(a) As used in this section, “temporary task force” means a task force, study commission, or similar multi-member entity created by executive order of the Governor or by law charged with a specific duty or duties and having a temporary duration.
(b)(1) Not later than November 1, 2022, the Secretary of State shall establish and maintain on the official website of the Secretary of State accurate, detailed, and up-to-date information regarding every temporary task force that includes, at a minimum, all of the following information:
a. The name of the temporary task force, a brief description of its mission and duties, and the date the task force expires.
b. The name of each appointee to the temporary task force.
c. A link to the legislative act or executive order creating the temporary task force.
d. Notice of all meetings of the temporary task force.
e. All final reports and other documents produced by the temporary task force.
(2) The website shall have a search feature that, at a minimum, allows searches by the name of the temporary task force and by the year the task force was created.
(c) The Secretary of State shall maintain the information described in subsection (b) for expired temporary task forces for archival purposes.
(d) Notification of the appointment of temporary task force members shall be provided electronically to the Secretary of State within five business days of appointment as follows:
(1) For an appointing authority who is a member of the Legislature, the Clerk of the House or the Secretary of the Senate, as appropriate, shall notify the Secretary of State of the appointment.
(2) For any other appointing authority, the appointing authority shall notify the Secretary of State of the appointment.
(e) The chair of each temporary task force shall be responsible for ensuring that any final report is transmitted to the Secretary of State no later than the day the temporary task force is dissolved.
(Act 2022-355, §2.)
The Secretary of State shall perform all duties required by the Alabama Fair Campaign Practices Act, including, but not limited to, the following:
(1) Maintain a system for the electronic filing of campaign finance reports.
(2) Levy and collect civil penalties for failure to file timely reports.
(3) Work cooperatively with the State Ethics Commission to fully implement and enforce all campaign finance laws.
(Act 2015-495, §2.)
(a) The Secretary of State shall develop a program to facilitate the administration of an electronic process for the recordation of filing activities by business and nonprofit entities required under Title 10A. A county may participate in the program in accordance with this section. Under the program, the Secretary of State may contract with a vendor to provide electronic processing services which may include, but are not limited to, the online filing of forms, online recording, payment of fees through credit or debit cards, and any other service related to the administration of the electronic process, as determined by the Secretary of State. The Secretary of State may also develop a certification process to allow third parties to provide these electronic processing services. All recording fees, whether established by general law, general law of local application, or local law, shall be collected by the vendor and the fees, applicable to the county, including all data associated with the local recording fees, shall be remitted by the vendor to each participating county no less than twice per month.
(b) A county may participate in the program by written agreement between the county commission, judge of probate, and the Secretary of State. Any agreement shall be a voluntary decision made exclusively by the county. The Secretary of State or the applicable county may terminate an agreement at any time upon 120 days’ written notice. Upon written notice of termination, the Secretary of State shall instruct the electronic process vendor that it shall finalize and transmit all final recording fees collected, and all data related thereto, to the applicable county not more than 30 days after the date on which use of the electronic system ceases.
(c) The cooperation between the Secretary of State and a county shall be at no additional cost to the county or the state.
(d) The cooperation between the Secretary of State and a county as provided for in this section shall satisfy any and all fee and filing requirements whether prescribed by general law, general law of local application, or local law applicable to the participating county, and, furthermore, fulfill any and all statutory requirements of a county commission, judge of probate, and the Secretary of State as it relates to filing activities of business entities.
(e) A judge of probate may continue to provide filing services pursuant to current procedures and is in no way bound or obligated to participate in the electronic process for the recordation of filing activities as provided for by this section.
(Act 2015-479, §1.)
The Secretary of State shall adopt rules or establish internal office procedures to implement the Office of the Secretary of State’s responsibilities under Section 41-4-177.10, which shall include reasonable efforts to identify small or disadvantaged businesses authorized by the Secretary of State to do business within the state and the reporting of that data and information to the Chief Procurement Officer by January 31 of each year.
(Act 2021-223, §2.)
The Attorney General shall keep his or her office at the capital city and perform the following duties:
(1)a. He or she shall give his or her opinion in writing, or otherwise, on any question of law connected with the interests of the state or with the duties of any of the departments, when required by the Governor, Secretary of State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries, Director of Finance, Comptroller, State Health Officer, Public Service Commissioners, Commissioner of Conservation and Natural Resources, or the Commissioner of the Department of Revenue or any other officer or department of the state when it is made, by law, his or her duty so to do, and he or she shall also give his or her opinion to the Chairman of the Judiciary Committee of either house, when required, upon any matter under the consideration of the committee.
b. The Attorney General shall give his or her opinion, in writing or otherwise, as to any question of law connected with the duties of the following county or city officers when requested so to do in writing: Judge of probate, clerk of the circuit court, sheriff, city and county boards of education, county commission, register of the circuit court, tax collector, tax assessor, mayor or chief executive officer of any incorporated municipality, city council or like governing body of any incorporated municipality, or any other officer required to collect, disburse, handle, or account for public funds.
c. Any officer or governing body of a municipality or county or officer or governing body of any other elected or appointed body shall submit with the request for an opinion a resolution adopted by the governing body setting forth the facts showing the nature and character of the question which makes the advice or opinion sought necessary to the present performance of some official act that the officer or governing body must perform.
d. An officer or governing body shall not submit to the Attorney General moot, private, or personal questions in which the state, county, or public is not materially or primarily interested or questions that are subject to ongoing litigation. Any officer shall submit, with the request for an opinion, a writing setting forth the facts showing the nature and character of the question which makes the advice sought necessary to present performance of some official act that the officer must perform.
(2) He or she shall attend, on the part of the state, to all criminal cases pending in the Supreme Court or Court of Criminal Appeals, and to all civil actions in which the state is a party in the Supreme Court or Court of Civil Appeals. He or she shall also attend to all cases other than criminal that may be pending in the courts of this state, in which the state may be in any manner concerned, and shall appear in the courts of other states or of the United States, in any case in which the state may be interested in the result.
(3) He or she shall post on the Internet searchable, electronic copies of the written official opinions rendered by him or her pursuant to subdivision (1). On a timely basis, he or she shall also send electronic copies of the opinions to any public official who has asked to receive them and who has provided a working e-mail address for that purpose.
(4) He or she shall, in the month of October of the last year of his or her term of office, compile a report, which shall include suggestions for the suppression of crime and the improvement of the criminal administration as he or she may deem proper. Such report shall also contain a statement of the number of criminal cases disposed of in the entire state for the past four years, as shown by reports of district attorneys; and, taking each character of cases separately, it shall show the number disposed of in each judicial circuit and in each criminal court or other court or territory having a separate district attorney, the number of convictions, the number of acquittals, the number of nolle prosequis entered, the number of cases which were abated or otherwise disposed of, the number of sentences to death, the number of sentences to the Department of Corrections, the number of other sentences, including fines imposed, and the totals under each head above mentioned. One copy of the report shall be retained in the permanent files of the office of the Attorney General, and one copy of the report shall be transmitted to the Governor, the Clerk of the House of Representatives, and the Secretary of the Senate, and two copies of the report shall be transmitted to the Department of Archives and History. The expense of printing and binding all of the reports provided for in this section shall be paid by the state in the same manner as is now or hereafter may be provided for printing and binding for the state.
(5) He or she shall keep and preserve, with proper indexes thereto, copies of all his or her official opinions and correspondence.
(6) He or she shall keep, with proper index thereto, a docket of all civil actions and claims in which the state is in any manner concerned and to which he or she is required to give attention, showing the names and addresses of the parties, the nature and amount of the action or claim, when and in what court action was brought, and steps taken therein, and the final determination and result thereof, and, as to claims for collection, showing also when and from whom the claims were received and the name and address of any agent or attorney to whom sent for collection and the date thereof and, in all cases, the amount and date of each collection, the amount of commissions or other expenses deducted, if any, the net amount collected, when and to whom paid over, and the receipt of the officer therefor.
(7) At such time as the Attorney General deems appropriate, the Attorney General may carefully examine all of the general statutes now in force, or which hereafter may be enacted by the Legislature from time to time, as to their clarity and constitutional validity.
(8) At such time as the Attorney General deems appropriate, the Attorney General may make a report in writing to the Governor and to the Chairman of the Judiciary Committee of the House of Representatives and of the Senate, pointing out the laws or parts of laws of Alabama which have been held invalid by courts of last resort since the last session of the Legislature, and also making suggestions as to inaccuracies, inadvertences, mistakes, and omissions in statutes, which, in his or her opinion, should be corrected.
(9) He or she may, when requested to do so by the chief executive authority of any municipality in the State of Alabama, represent the municipality before the appellate courts of this state in any case appealed to such courts involving the constitutionality of a municipal ordinance.
(10) When extradition papers are presented to the Governor by the executive authority of another state seeking to extradite a person from Alabama, or by the proper authority of the State of Alabama seeking to extradite a person from another state, the extradition papers shall be submitted to the Attorney General for examination and shall be approved by him or her both as to form and legality before the papers are acted upon by the Governor, and, when requested so to do by the Governor, the Attorney General shall advise him or her as to his or her action thereon.
(11) When requested so to do by the Governor, the Attorney General shall examine all bills, resolutions, and other documents submitted by the Legislature to the Governor for his or her consideration under Section 125 of the constitution, and advise him or her as to his or her action thereon.
(12) The duties imposed by this section upon the Attorney General and his or her assistants shall be performed by the Attorney General personally or by his or her assistants under his or her supervision, direction, and control.
(13) Any statute to the contrary notwithstanding, no attorney shall represent the State of Alabama, or any agency, department, or instrumentality of the state in any litigation in any court or tribunal unless the attorney has been appointed as a deputy attorney general or assistant attorney general. Nothing in this section shall prevent the Governor from employing counsel pursuant to Section 36-13-2.
(Code 1852, §72; Code 1867, §108; Code 1876, §109; Code 1886, §127; Code 1896, §2028; Code 1907, §635; Code 1923, §853; Acts 1939, No. 50, p. 57, §1; Code 1940, T. 55, §228; Acts 1949, No. 475, p. 693, §§1, 2; Acts 1951, No. 398, p. 719, §1; Acts 1995, No. 95-770, p. 1819, §1; Act 2010-369, p. 610, §1; Act 2010-695, p. 1684, §1; Act 2011-574, p. 1219, §1.)
The Attorney General shall have and retain all of the powers, duties, and authority heretofore granted or authorized by the constitution, statutory law, or the common law.
Nothing contained in this article shall be construed so as to in any way restrict, limit or abridge the powers, duties, or authority of the Attorney General as heretofore authorized by the constitution, statutory law, or the common law.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §9.)
(a)(1) Subject to subsection (b), the salary of the Attorney General of Alabama shall be an amount equal to the salary of an Associate Justice of the Supreme Court of Alabama. The salary shall be payable in installments as the salaries of other state officers are paid and shall be the full compensation to which the Attorney General is entitled from the state for the performance of his or her official duties.
(2) Commencing upon the next term of office of the Attorney General after October 1, 2021, he or she shall receive a salary in an amount equal to the salary of the Chief Justice of the Supreme Court of Alabama.
(b) The Attorney General’s salary may only increase after the completion of the term for which he or she was appointed or elected, and after completion of any subsequent term elected.
(Acts 1969, No. 411, p. 811, §1; Act 2021-441, §3.)
[Repealed]
(a) For the purpose of performing any functions, duties or responsibilities of the office of the Attorney General or for the purpose of implementing any provision of this act the Attorney General may receive, accept, expend or utilize any and all money or property of whatever nature, kind or description which may now or hereafter be available to the Attorney General for such purposes.
(b) The Attorney General may receive, accept, utilize, expend and administer any grants, gifts, donations, reimbursements or fees from any public, quasi-public or private source.
(c) The Attorney General may enter into agreements and contracts with the United States of America, the State of Alabama, or any of the respective agencies, institutions, departments, authorities, agents or employees of the above in order to implement the provisions of this act or to defray and recover the costs of representing any of the above; provided, any such agreements or contracts with any agencies, institutions, departments, authorities, agents or employees of the State of Alabama whose department head or chief executive officer is appointed by the Governor, must be approved by the Governor.
(Acts 1991, 1st Ex. Sess., No. 91-736, §7.)
(a) There is established in the State Treasury a special fund to be known as the Attorney General’s Litigation Support Fund.
(b) The fund shall consist of any and all monies designated by a court order as reasonable attorney fees and related expenses or negotiated fees and related expenses for matters settled out of court, and penalties paid in certain cases received by the Attorney General pursuant to this section as a result of any fees, fines, restitution, forfeitures, penalties, costs, interest, or judgments collected pursuant to any civil litigation, or any administrative proceedings, or in settlement of any claim asserted by or against the people of Alabama, the State of Alabama, or any of its departments, agencies, institutions, officers, employees, or political subdivisions thereof. Notwithstanding the foregoing, the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements shall not be affected by this article unless the recipient entity of the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements agrees by written contract to designate the receipt of such or a portion thereof to the Attorney General. The Attorney General shall deposit court ordered attorney fees and related expenses or negotiated settlements and penalties for the use of the office of the Attorney General into the fund in the fiscal year in which the sums are received. Provided further, however, any provision of this section shall not apply to any attorney fees and related expenses or negotiated settlements and penalties related to the 2010 gulf oil spill. Any amount received pursuant to this subsection by the office of the Attorney General shall be certified by the Attorney General to the Chairs of the Senate Committee on Finance and Taxation General Fund and the House Ways and Means General Fund Committee, the Legislative Fiscal Officer, and the state Budget Officer. Such certification shall include a detailed description of each deposit received, as well as each future deposit referenced in such court order or settlement.
(c) The Attorney General may expend monies appropriated by the Legislature from the fund for the purpose of implementing any provision of this article or for the performance of any of the powers, functions, duties, and responsibilities of the office of the Attorney General.
(d) The fund shall be placed under the management or administration of the Attorney General for the purpose of implementing this article or for the purpose of performing any of the functions, duties, powers, and responsibilities of the office of the Attorney General and all monies deposited in the fund are available for appropriation to the office of the Attorney General. The appropriations shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41.
(e) The appropriation of these monies shall be in addition to any monies appropriated to the office of the Attorney General from the State General Fund or from any other sources.
(f) Neither the Attorney General, nor any employee of that office, shall have any financial interest in the investment of monies in the fund nor receive any commission with respect thereto.
(g) It shall be the duty of the Attorney General to keep records of all expenditures and disbursements from the fund.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §8; Acts 1995, No. 95-770, p. 1819, §1; Act 2011-574, p. 1219, §1; Act 2014-307, p. 1108, §1.)
(a) The position of deputy attorney general of Alabama is created and established.
(b) The Attorney General may appoint, in such a manner or number as the Attorney General deems necessary, deputy attorneys general so long as the number of full-time deputy attorneys general employed in the office of the Attorney General does not exceed 12 and the number of full-time deputy attorneys general employed in any state department or agency does not exceed one. The compensation, salaries, expenses, and benefits of the deputy attorneys general shall be paid from funds available to the Attorney General or the department or agency employing the deputy attorney general.
(c) All deputy attorneys general shall be appointed by and shall serve at the pleasure of the Attorney General and shall perform such duties and exercise such powers as the Attorney General may direct. Notwithstanding the foregoing, when the State Department of Transportation requires the service of a deputy attorney general for condemnation proceedings, the department shall request that the Attorney General appoint a deputy attorney general for the purpose and if the Attorney General does not make the appointment within 30 days from the receipt of the request, the general counsel of the department shall make the appointment from a list of attorneys compiled by the Attorney General which he or she deems to be competent in handling condemnation proceedings.
(d) No person shall be appointed a deputy attorney general who is not authorized to practice law.
(e) Any attorney serving in the classified service of the State of Alabama may be considered by the Attorney General for appointment as a deputy attorney general. In the event that an attorney serving in the classified service of the State of Alabama shall accept appointment as a deputy attorney general and shall later be removed or resign from the position of deputy attorney general, the attorney shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the attorney and to which the attorney would have otherwise been entitled had he or she remained within the classified service.
(f) A deputy attorney general employed in the office of the Attorney General shall be compensated at a rate to be designated by the Attorney General. A deputy attorney general assigned to another department or agency shall be compensated at a rate set by the chief executive officer of the department or agency after consultation with the Attorney General. The compensation of all other deputy attorneys general shall be at a rate set by executive order of the Governor. When designating salaries, the Attorney General shall choose from among the salary ranges set by the State Personnel Board and published in the State of Alabama compensation plan. The establishment of the range and step within the range of the starting salary shall be at the discretion of the Attorney General upon the appointment of each deputy attorney general and may vary between persons so appointed. When so designated, the salaries, expenses, and benefits of a deputy attorney general shall be paid from the State Treasury in the same manner that the salary and expenses of employees in the classified service are paid.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §3; Acts 1995, No. 95-770, p. 1819, §1; Act 2011-574, p. 1219, §1.)
(a) The office of Chief Deputy Attorney General is hereby created and shall be established. The Chief Deputy Attorney General shall be appointed by the Attorney General, shall serve at the pleasure of the Attorney General and shall be a commissioned officer of the State of Alabama. The chief deputy shall possess the qualifications required by law for election as Attorney General.
(b) The Chief Deputy Attorney General shall have all the power and authority heretofore or hereafter conferred by law on the Attorney General, which he or she may exercise in the absence of the Attorney General. The chief deputy shall also perform such duties and exercise such powers as the Attorney General may direct.
(c) The Chief Deputy Attorney General shall be entitled to receive compensation, salaries, expenses or benefits in the same manner as provided for deputy attorneys general. The compensation, salary, expenses and benefits of the chief deputy shall be paid from the State Treasury in the same manner that the salary or expenses of employees in the classified service are paid.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §4.)
(a) Subject to the Merit System, the Attorney General may appoint as many assistant attorneys general and other employees as the public interest requires by reason of the volume of work in his or her office.
(b) Subject to the Merit System, the Attorney General may employ as many investigators in his or her office as may be necessary to perform investigatory functions for the office.
(c) Investigators appointed pursuant to this section shall have all the powers vested in deputy sheriffs and all other law enforcement officers of the State of Alabama, including, but not limited to, the powers of arrest and the power to serve any and all process, and shall perform the duties, responsibilities, and functions as may be designated by the Attorney General.
(d) No person shall serve as an investigator who has not met the minimum standards established for law enforcement officers by the Alabama Peace Officers’ Standards and Training Commission or other standards as may be hereafter provided by law. Investigators appointed pursuant to this section shall meet other additional standards as the Attorney General may adopt.
(e) All investigators appointed pursuant to this section shall be entitled to all benefits provided employees of the Alabama Department of Public Safety, including, but not limited to, participation in any retirement plan afforded state troopers.
(Code 1896, §2030; Code 1907, §§637, 638; Acts 1923, No. 600, p. 789, §3; Code 1923, §855; Acts 1927, No. 26, p. 30; Acts 1933, Ex. Sess., No. 138, p. 124, §1; Acts 1939, No. 50, p. 57, §2; Code 1940, T. 55, §230; Acts 1995, No. 95-770, p. 1819, §1; Act 2011-574, p. 1219, §1.)
All assistant and full-time deputy attorneys general of the State of Alabama appointed by the Attorney General are hereby prohibited from engaging in the private practice of the law during the time they are such assistant or full-time deputy attorneys general. All assistant and full-time deputy attorneys general appointed by the Attorney General are hereby prohibited from maintaining private law offices during such time.
(Acts 1939, No. 63, p. 94, §§ 1, 2; Code 1940, T. 55, §231; Act 2011-574, p. 1219, §1.)
(a) The position of executive assistant to the Attorney General of Alabama is created and established. The Attorney General may appoint up to five executive assistants. An executive assistant shall not be subject to the merit act, but shall serve at the pleasure of the Attorney General and shall perform the duties assigned to him or her by the Attorney General.
(b) An executive assistant shall receive an annual salary to be fixed by the Attorney General but not exceeding the maximum salary now or hereafter fixed for assistant attorneys general III. The salary and expenses of an executive assistant shall be paid from the State Treasury in the same manner that the salary and expenses of the Attorney General are paid.
(Acts 1967, 1st Ex. Sess., No. 93, p. 123, §§1, 2; Acts 1995, No. 95-770, p. 1819, §1; Act 2011-574, p. 1219, §1.)
(a) The position of special administrative assistant to the Attorney General is created and established.
(b) The Attorney General may appoint or employ in the manner the Attorney General deems necessary seven special administrative assistants who shall perform the duties and exercise the powers as the Attorney General may direct. The special administrative assistants shall serve at the pleasure of the Attorney General. The compensation, salaries, expenses, or benefits for the special administrative assistants shall be paid from funds available to the Attorney General and in the amounts and manner as provided for deputy attorneys general under this article.
(c) Any person serving in the classified service of the State of Alabama may be considered by the Attorney General for appointment to the position of special administrative assistant to the Attorney General. In the event anyone serving in the classified service of the State of Alabama shall accept appointment as a special administrative assistant to the Attorney General and shall later be removed or resign from the position of special administrative assistant to the Attorney General, the person shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the person and to which he or she would have been entitled had he or she remained within the classified service.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §5; Acts 1995, No. 95-770, p. 1819, §1.)
The Attorney General may employ within his or her office no more than 10 paralegal employees whose compensation, salaries, and expenses or benefits shall be paid from funds available to the Attorney General in the same amounts and manner as provided for special administrative assistants under this article. The paralegal employees shall be appointed by and serve at the pleasure of the Attorney General.
(Acts 1991, 1st Ex. Sess., No. 91-736, p. 5, §6; Acts 1995, No. 95-770, p. 1819, §1; Act 2011-574, p. 1219, §1.)
The Attorney General is authorized to institute and prosecute, in the name of the state, all civil actions and other proceedings necessary to protect the rights and interests of the state.
(Code 1896, §2029; Code 1907, §636; Code 1923, §854; Code 1940, T. 55, §229.)
The Attorney General, either in person or by assistant, may appear before any grand jury in this state and present any matter or charge to them for investigation, and prepare and present to the grand jury indictments for any violation of the laws of this state and issue subpoenas for witnesses to appear in the same manner and to the same extent as district attorneys may now or hereafter do.
(Acts 1915, No. 655, p. 719, § 1; Code 1923, §858; Code 1940, T. 55, §234.)
The Attorney General, either in person or by one of his or her assistants, at any time he or she deems proper, either before or after indictment, may superintend and direct the prosecution of any criminal case in any of the courts of this state. The district attorney prosecuting in such court, upon request, shall assist and act in connection with the Attorney General or his or her assistant in such case.
(Acts 1915, No. 655, p. 719, § 2; Code 1923, §859; Code 1940, T. 55, §235; Act 2011-574, p. 1219, §1.)
The Attorney General shall give the district attorneys of the several circuits any opinion, instruction or advice necessary or proper to aid them in the proper discharge of their duties, either by circular or personal letter, and may direct any district attorney to aid and assist in the investigation or prosecution of any case in which the state is interested, in any other circuit than that of the district attorney so directed. Such district attorney shall have and exercise in such other circuit all the powers and authority imposed by law upon the district attorney of such other circuit, but this section shall not abridge any authority which may have been or which may be vested in the Chief Justice of the Supreme Court, nor shall the Attorney General, or any assistant of the Attorney General, or other person at the instance or request of the Attorney General, be authorized to appear or in any way act in the name of the state in civil action or proceeding by or against any county or county officer in which the State of Alabama has no direct financial interest.
(Acts 1915, No. 655, p. 719, § 3; Code 1923, §860; Code 1940, T. 55, §236.)
The Attorney General may incur such expenses as may be necessary in the investigation of violations of the criminal law, in the prosecution of crime and in the conduct, investigation, and prosecution of any civil action in which the state is interested or state funds are involved and such other incidental expenses of the office as may be necessary. All expenses incurred under the authority of this section shall be approved by the Attorney General and the Governor and shall be paid by warrant as other state expenses are paid.
(Acts 1915, No. 655, p. 719, § 6; Code 1923, §865; Acts 1939, No. 50, p. 57, §3; Code 1940, T. 55, §238; Act 2011-574, p. 1219, §1.)
During the absence of the Attorney General and the chief deputy from the seat of government, or when so directed by the Attorney General, the assistants to the Attorney General may render official opinions to such officers as the Attorney General is permitted to advise, and may perform such other duties as may be directed by the Attorney General. During such absence, such authority shall be vested in the senior assistant to be designated by the Attorney General, and in the absence of the latter also, in the next ranking assistant. The performance of such duties by such assistants shall have the same force and effect as if performed by the Attorney General.
(Acts 1915, No. 655, p. 719, §7; Code 1923, §866; Code 1940, T. 55, §239; Act 2011-574, p. 1219, §1.)
The written opinion of the Attorney General, heretofore or hereafter secured by any officer, board, local governing body or agency legally entitled to secure such opinion, shall protect such officer and the members of such board, local governing body or agency to whom it is directed or for whom the same is secured from liability to either the state, county or other municipal subdivisions of the state because of any official act or acts heretofore or hereafter performed as directed or advised in such opinion.
(Acts 1923, No. 64, p. 40, § 2; Code 1923, §869; Code 1940, T. 55, §241; Acts 1963, 2nd Ex. Sess., No. 96, p. 272, § 1.)
All litigation concerning the interest of the state, or any department of the state, shall be under the direction and control of the Attorney General. The employment of an assistant attorney general, other than an assistant attorney general employed in the office of the Attorney General, for the purpose of representing the state or any department thereof shall be by the Attorney General with the approval of the Governor, but nothing in this section shall prevent the Governor from employing personal counsel, whose compensation shall be payable out of the Governor’s Contingency Fund.
(Acts 1923, No. 64, p. 40, §4; Code 1923, §872; Code 1940, T. 55, §244; Acts 1995, No. 95-770, p. 1819, §1.)
(a) Any laws to the contrary notwithstanding, whenever any litigation is instituted against any state department, division, board, bureau, commission, agency, institution, or officer or employee in their official or individual capacity relating to their official duties, such entity shall promptly notify the office of the Attorney General of the action. This notification shall include a description of the controversy, the relief sought, and other information the Attorney General deems necessary.
(b) This information shall be maintained in a central location within the office of the Attorney General.
(Act 2001-307, p. 382, §1; Act 2011-574, p. 1219, §1.)
(a) Notwithstanding any other laws, in addition to the existing Merit System positions in the office of the Attorney General, no later than 30 days after January 15, 1996, the Attorney General shall designate certain positions in his or her office as state Merit System positions and the individuals holding the positions on the date of designation, not to exceed 15 positions, shall become state Merit System employees on such date if he or she meets the minimum requirements for the position. The State Personnel Department shall determine the appropriate classification for each aforementioned employee. The classifications shall reflect a classification and pay that would result in his or her compensation being the same or higher than his or her current compensation. Each of these individuals shall have conferred upon them all the rights and benefits of any other member of the classified service in the state Merit System.
(b) Notwithstanding any other provisions of law, as to any person holding an unclassified state Merit System appointment under Act No. 91-736 in a currently budgeted position as a deputy attorney general or paralegal in any department or agency of the State of Alabama on January 15, 1996, after consulting with the director of the department or agency, the Attorney General shall designate the position in the department or agency as a classified state Merit System position and the individual holding the position shall become a state Merit System employee in the classification most appropriate to the job duties and current salary of the employee as determined by the State Personnel Department if he or she meets the minimum requirements for the position. The classification of each individual shall reflect a classification and pay which would result in his or her compensation being the same as his or her compensation on January 15, 1996 or at entry level of the classification, whichever is greater. The individuals classified under this subsection shall have conferred upon them all the rights and benefits of other employees in the classified service under the state Merit System.
(c) Notwithstanding any other provisions of this section, no position may be designated a classified state Merit System position pursuant to this section at a classification of Attorney IV, for attorney positions, or at higher than the second level classification for the positions for non-attorney positions.
(Acts 1995, No. 95-770, p. 1819, §2.)
The Attorney General may appoint a chief investigator for his or her office and up to six additional investigators as the Attorney General may from time to time deem necessary. The investigators shall serve at the pleasure of the Attorney General.
(Acts 1991, 1st Ex. Sess., No. 91-737, p. 12, §1; Acts 1995, No. 95-770, p. 1819, §1; Act 2011-574, p. 1219, §1.)
The compensation, salaries, expenses and benefits for such investigators shall be provided from funds which may be now or hereafter available to the Attorney General.
(Acts 1991, 1st Ex. Sess., No. 91-737, §2.)
(a) The chief investigator and other investigators appointed pursuant to this article shall be compensated at a rate to be set by the Attorney General. In setting the rate of compensation the Attorney General may take into consideration that amount paid to other law enforcement officers of the State of Alabama including, but not limited to, those officers of corresponding duties, lengths of service, and responsibilities in the Alabama Department of Public Safety.
(b) In the event anyone serving in the classified service of the State of Alabama shall accept appointment as an investigator and shall later be removed or resign from the position of investigator, the person shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the person and to which he or she would have been entitled had he or she remained within the classified service.
(c) When designating the salaries, the Attorney General shall choose from among the salary ranges set by the State Personnel Board for employees of the Alabama Department of Public Safety.
(d) The establishment of the range and step within the range of the starting salary shall be at the discretion of the Attorney General upon the appointment of each investigator and may vary between persons so appointed.
(e) All investigators appointed pursuant to this article shall be entitled to all benefits provided employees of the Alabama Department of Public Safety including, but not limited to, participation in any retirement plan afforded state troopers. Such investigators shall be appointed by and serve at the pleasure of the Attorney General.
(f) The salaries, expenses, and benefits of the investigators appointed pursuant to this article shall be paid from the State Treasury in the same manner that the salaries, expenses, and benefits of employees in the classified service are paid.
(Acts 1991, 1st Ex. Sess., No. 91-737, §3; Act 2011-574, p. 1219, §1.)
(a) Any person who knowingly commits any of the following in any matter under investigation by the Attorney General, or a prosecutor or investigator of his or her office, upon conviction shall be guilty of a Class C felony:
(1) Falsifying, concealing, or covering up a material fact by any trick, scheme, or device.
(2) Making a materially false, fictitious, or fraudulent statement or representation.
(3) Making or using a false writing or document, knowing the same to contain any materially false, fictitious, or fraudulent entry.
(4) Destroying, concealing, or secreting any document or other physical evidence.
(b) Conviction, arrest, or prosecution of the matter originally under investigation is not a prerequisite to conviction under this section.
(Act 2011-574, p. 1219, §2.)
Investigators appointed pursuant to the provisions of this article shall have all of the powers vested in deputy sheriffs and all other law enforcement officers of the State of Alabama, including but not limited to, the powers of arrest and the power to serve any and all process and shall perform such duties, responsibilities and functions as may be assigned by the Attorney General.
(Acts 1991, 1st Ex. Sess., No. 91-737, §4.)
No person shall serve as an Attorney General’s investigator who has not met the minimum standards established for law enforcement officers by the Alabama Peace Officers’ Standards and Training Commission or such other standards as may be hereafter provided by law.
Investigators appointed pursuant to the provisions of this article shall meet such other additional standards as the Attorney General may adopt.
(Acts 1991, 1st Ex. Sess., No. 91-737, §5.)
The sole powers, functions and duties of the Auditor shall be as follows:
(1) Those enumerated in the constitution;
(2) The keeping of a seal with the devise, “The State of Alabama, Auditor’s Office;”
(3) If the Treasurer, in the event of his resignation or removal, fails to comply with the provisions of this code, or if he dies or absconds, the stating of his account in the presence of any person attending on the part of such late Treasurer and the delivering of the books, papers and moneys belonging to the Treasury to his successor, taking his receipt for the same, and recording and filing such receipts and statement and reporting the same to the next Legislature;
(4) The postauditing of the accounts and records of the Department of Finance and the Treasurer;
(5) The serving on the boards and commissions of which he is by law an ex officio member; and
(6) The making of a full and complete report to the Governor at the close of each fiscal year showing the audited receipts and disbursements of the government for the last completed fiscal year, as required by the constitution and as shown by the records and documents in the office of the Department of Finance, which records shall be audited by him. The report shall also include the results of his audit of all taxes and revenues collected and paid into the Treasury and shall give the results of all other audits made by him. The report shall be printed and bound with, and as a part of, the annual financial report of the state prepared by the Department of Finance. The Auditor shall make reports oftener upon, and matters pertaining to, his office if required by the Governor or the Legislature.
(Acts 1939, No. 112, p. 144, §8; Acts 1939, No. 452, p. 608, §1; Code 1940, T. 55, §205.)
The Auditor has authority to require information on oath, to be administered by him, from any person touching any claim or account he is required to audit.
(Code 1852, §366; Code 1867, §418; Code 1876, §93; Code 1886, §104; Code 1896, §2003; Code 1907, §607; Code 1923, §814; Code 1940, T. 55, §206.)
The Auditor may employ a chief clerk, whose employment shall be at the pleasure of the Auditor. Subject to the provisions of the Merit System, he may employ principal accountants, account clerks and senior stenographers.
(Code 1867, §95; Code 1876, §88; Code 1886, §99; Code 1896, §1998; Code 1907, §602; Acts 1923, No. 600, p. 789, §4; Code 1923, §809; Acts 1932, Ex. Sess., No. 104, p. 99, §4 1/2; Acts 1933, Ex. Sess., No. 138, p. 124, §1; Acts 1939, No. 452, p. 608, §3; Code 1940, T. 55, §207.)
Before entering upon his duties of office, the Auditor shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $25,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190, § 1.)
The Auditor must charge $.50 for each impression of his official seal for private or personal use and, for other services, he must charge the same fees as the Secretary of State for similar services. All such fees shall be paid into the State Treasury.
(Code 1852, §63; Code 1867, §93; Code 1876, §86; Code 1886, §97; Code 1896, §1996; Code 1907, §600; Acts 1923, No. 600, p. 789; Code 1923, §807; Acts 1933, Ex. Sess., No. 138, p. 124, §1; Acts 1939, No. 452, p. 608, §1; Code 1940, T. 55, §208.)
The official acts of the chief clerk shall be presumed to be by the authority of, and shall be taken as done by, the Auditor, who shall be responsible for the same.
(Code 1867, §97; Code 1876, §90; Code 1886, §101; Code 1896, §2000; Code 1907, §604; Code 1923, §811; Code 1940, T. 55, §210.)
There is hereby created, in the office of the State Auditor, a Property Inventory Control Division.
(Acts 1969, No. 610, p. 1117, § 1.)
The Property Inventory Control Division shall establish a control in the following manner of all nonconsumable state personal property not exempt under Section 36-16-11.
(1) The head of each department or agency of the state shall designate one of its employees as property manager for the department or agency. Except for books, the property manager shall make a full and complete inventory of all nonconsumable personal property and certain other items of personal property deemed important or sensitive enough by the Property Inventory Control Division to be included in the inventory of state property of the value of five hundred dollars ($500) or more owned by the state and used or acquired by the department or agency. The inventory shall show the complete description, manufacturer’s serial number, cost price, date of purchase, location, and custodial agency, responsible officer, or employee, and the state property control marking. A copy of the inventory shall be submitted to the Property Inventory Control Division on October 1 and April 1 of each year. Each inventory shall show all property acquired since the date of the last inventory. When any inventory fails to show any property shown on the previous inventory, then a complete explanation accounting for the property or the disposition thereof shall be attached to the inventory and submitted to the Property Inventory Control Division. All property managers shall keep at all times in their files a copy of all inventories submitted to the Property Inventory Control Division, and the copies shall be subject to examination by any and all state auditors or employees of the Department of Examiners of Public Accounts.
(2) Each property manager shall be the custodian of, and responsible for, all property in his or her department or agency. When any property is entrusted to other employees or officers of the department or agency, the property manager shall require a written receipt of the property so entrusted, which receipt shall be executed by the person receiving the property. In that event, the property manager shall be relieved of responsibility of the property, and the employee or officer of the department or agency shall be responsible for the property.
(3) No property, except property being transferred to the Department of Archives and History under Section 41-6-10, shall be disposed of, transferred, assigned, or entrusted to any other department, agency, or employee thereof without the written permission of the Director of the Alabama Department of Economic and Community Affairs or the Governor of the State of Alabama or the designee of either of them.
(4) Biannually, the Property Inventory Control Division shall conduct an inventory of all state personal property excluding historical materials in the custody of the Department of Archives and History and historical materials in the custody of the U.S. Space and Rocket Center Commission, holding every officer or employee strictly accountable for all personal property assigned to his or her custody.
(5) No later than November 30 of each new fiscal year, the State Auditor shall report in writing to the Governor all losses and missing items of state property valued at more than five hundred dollars ($500) as revealed by the most recent inventory of state personal property.
(6) Whenever any property manager ceases for any reason to be the property manager of his or her department or agency, the director of the department or agency shall immediately notify in writing the Property Inventory Control Division. The division shall immediately check the inventories of all property in the department or agency, and the successor to the property manager shall execute a written receipt for all property received by him or her or coming into his or her custody or control. The last payment of salary due the property manager shall be withheld until a complete check of the inventory of the property has been made and approved. In the event of any shortages, the property manager shall be held strictly accountable. Notwithstanding the foregoing, the property manager shall not be held accountable for property entrusted to any other employee or officer of the department or agency and for which he or she holds the written receipt of the employee or officer.
(Acts 1949, No. 627, p. 967, §1; Acts 1985, No. 85-665, p. 1057, §1; Acts 1992, 2nd Ex. Sess., No. 92-719, p. 220, §1; Acts 1995, No. 95-147, p. 209, §1; Acts 1997, No. 97-642, p. 1174, §1; Act 97-946, p. 518, §1; Act 2025-70, §2.)
The Examiners of Public Accounts, in making their examination or audit of the accounts and records of each state department or agency, shall compare the inventory of personal property of the department or agency kept by the Property Inventory Control Division with personal property in the custody of the department or agency, and shall include a statement of the result of the comparison in their report. The value of any personal property lost to the state due to the neglect or willful act of the person having the custody of the property shall be recoverable from such persons in an appropriate action instituted on behalf of the state by the Attorney General.
(Acts 1949, No. 627, p. 967, §2.)
The Chief of the Property Inventory Control Division shall have the authority to carry out the provisions of Sections 36-16-8 through 36-16-11, and shall require that each department, office, bureau, board or agency of the state carry out fully the provisions of Sections 36-16-8 through 36-16-11 applicable to such department, office, bureau, board or agency. In the event the Chief of the Property Inventory Control Division neglects to perform the duties imposed upon him by Sections 36-16-8 through 36-16-11, the State Auditor shall report such neglect to the personnel board, which board shall administer such disciplinary action against the chief of the division, including the right to discharge him, as the board deems proper under the circumstances. In the event the head of any department or officer in charge of any office, bureau, board or agency of the state neglects to perform the duties imposed upon him by Sections 36-16-8 through 36-16-11, he shall be liable for the sum of $5.00 for each day such neglect continues and for the value of any and all personal property losses to the state as a result of such neglect.
(Acts 1949, No. 627, p. 967, §3.)
Exempt from Sections 36-16-8 through 36-16-10 are all of the following classes of property:
(1) Livestock, animals, farm and agricultural products, and all property owned, used by, or under control of all public schools, universities, colleges, trade schools, Alabama Institute for Deaf and Blind, and the Alabama Public Library Service.
(2) All fire control or fire rescue equipment acquired by the Alabama Forestry Commission from sources other than state agencies which are designated for donation to volunteer fire departments pursuant to Section 9-3-19.
(3) Any hospital operated by the Alabama Department of Mental Health.
(4) All property of the Alabama State Port Authority.
(Acts 1949, No. 627, p. 967, §4; Act 2000-212, p. 295, §1; Act 2025-68, §1.)
Before entering on the duties of his office, the Treasurer shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $150,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190, § 1.)
In all actions upon the bond of the Treasurer or against the sureties or insurers of such bond, the courts of the State of Alabama shall have exclusive jurisdiction, and this shall be deemed a condition of such bond.
(Code 1907, §619; Code 1923, §829; Code 1940, T. 55, §227.)
The powers, functions, and duties of the Treasurer shall be:
(1) To receive all moneys due the state and deposit them in the proper accounts.
(2) To perform the functions and duties now authorized by law with respect to state depositaries.
(3) To pay all warrants duly executed by the Comptroller, and to pay for funds electronically transferred by the Comptroller in accordance with Section 41-4-50, upon the determination that there is sufficient money for the payment thereof in the fund upon which they are drawn. No warrant executed by any other person shall be honored. All checks drawn on the state funds shall be signed by the Treasurer, or the chief clerk in the office, and countersigned by the special assistant in the office of the Treasurer, who is appointed by the Treasurer with the approval of the Governor. Another employee may be designated by the Treasurer, with the approval of the Governor, to countersign checks in the absence of the special assistant. These signatures must be originals or facsimiles created by a controlled check signing machine. No checks shall be honored unless so signed and countersigned.
(4) To take receipts for all payments, to file the receipts and warrants, to number them in chronological order for each fiscal year and to keep account of the receipts and expenditures of the public money.
(5) To particularly enter in his or her books the amounts of money he or she receives for taxes, licenses, or on any other account of the state, so that the net receipts of the whole revenue as well as of every branch thereof and the amounts of disbursements shall distinctly appear.
(6) To give information, in writing, to the Legislature or either house thereof or to the Governor when required, reporting all matters pertaining to his or her office.
(7) To pay the principal and interest on the state debt and for the purpose of paying the interest on the bonded indebtedness of the state, and it is his or her particular duty to conform in all respects to the requirements of the law as set forth in this chapter.
(8) To have the custody of, and keep safe, all moneys, bonds, and other securities held in any sinking fund for the payments of bonds of the state and to do and perform the other duties with reference to state bonds and their redemption as are now, or may be, required by law.
(9) To have the custody of, and to keep safe, all moneys, bonds, mortgages, and other securities required or permitted by law to be deposited with the state or any officer thereof, by any bank, trust company, insurance company, mutual aid or benefit association, or other person or corporation, and also all securities held by the state, including those held for the account of any sinking fund, including those heretofore in the custody of their sinking fund commission. All of the moneys, bonds, mortgages, and other securities shall be guarded at all times by a bonded officer or employee while in the office of the Treasurer and shall, upon receipt, be deposited in a burglarproof and fireproof vault by the Treasurer. Until the state shall have acquired an adequate burglarproof and fireproof vault, the combinations to which shall be known only to the Treasurer and adequately bonded employees, all of the bonds, mortgages, and other securities shall be kept in safety deposit boxes or vaults in one or more banks or trust companies approved for that purpose by the Treasurer. In any event, however, whether any vault shall have been acquired by the state or not, when requested by any depositor, the Treasurer may authorize the deposit of any money, bonds, mortgages, or other securities by the depositor with a bank or trust company in the State of Alabama to be held in its safety deposit boxes or vaults, which bank or trust company shall have been approved in advance by the Treasurer (“authorized institution”); provided that securities pledged to secure state funds may be held by an authorized institution a. in the vault of any bank insured by the Federal Deposit Insurance Corporation and located in a federal reserve bank city or b. through any clearing corporation which effects book-entry transfers of securities deposited with it. Any authorized institution accepting the deposits or holding the securities, either in its vault, safety deposit box, or through a bank or clearing corporation, shall have executed with the Treasurer a contract with respect to the safekeeping of the money, bonds, mortgages, or other securities, and the substitution therefor of other money, bonds, mortgages, or other securities. The contract shall be approved in writing by the depositor. When an authorized institution sends a written acknowledgment to the Treasurer that it holds, whether in its vault, safety deposit box, or through a bank or clearing corporation, securities for the state pursuant to a safekeeping contract, then at the time, for purposes hereof and for all purposes of the Alabama Commercial Code, Title 7, the state takes delivery of, is a holder of, and obtains a perfected security interest in the securities. Any charges in connection with the deposit shall be paid by the depositor. The Treasurer shall not be personally liable for the loss of money, bonds, mortgages, or other securities so deposited if he or she shall have used reasonable precaution in approving the authorized institution. When, in the opinion of the Governor, it is considered necessary, the Treasurer shall be required to give an additional bond in such a sum as is determined by the Governor, the premium thereon to be paid from the State Treasury.
(10) To serve as a member of the State Board of Adjustment and of the other boards and commissions of which he or she is by law made a member.
(11) To have access to all records and accounts relating to receipts and disbursements of the State Treasury in any other department, board, bureau, commission, agency, or office of the state, to enable him or her to better perform the functions and duties required of him or her by the constitution and laws of the state and protect himself or herself in the performance of those functions and duties.
(12) To make reports as are required by the constitution, which reports shall, however, be printed and bound with, and as a part of, the annual financial report of the state prepared by the Department of Finance and to make other reports as may be required by the Governor or the Legislature.
(13) To furnish to the Comptroller, on or before the tenth day of each month, a list of all outstanding warrants existing at the end of the month next preceding and from the beginning of the fiscal year as shown by the records of the Treasurer’s office.
(14) To take out security insurance for the safekeeping of bonds, robbery insurance, burglary insurance, or any other insurance as may be deemed necessary for the safeguarding of money and security, the premiums thereon to be paid from the State Treasury.
(15) To administer and enforce the provisions of the Uniform Disposition of Unclaimed Property Act, as codified under Chapter 12 of Title 35.
(16) To perform such other duties as are, or may be, by law required of him or her.
(Acts 1939, No. 450, p. 603, §1; Code 1940, T. 55, §211; Acts 1981, 3rd Ex. Sess., No. 81-1138, p. 412, §1; Acts 1984, No. 84-472, p. 1092, §1; Acts 1985, 2nd Ex. Sess., No. 85-932, p. 231, §1; Acts 1996, No. 96-724, p. 1197, §1.)
(a) The Treasurer may employ a chief clerk and such other assistants as may be necessary for the proper conduct of the business of the office, subject to the Merit System.
(b) Before entering upon the duties of their respective offices, the chief clerk, the assistant clerk, the pension clerk and the stenographer in the office of the Treasurer shall each execute to the State of Alabama a bond, to be approved by the Governor, in amounts to be fixed by the Treasurer, for the faithful performance of the duties of their offices.
(Code 1907, §625; Acts 1923, No. 600, p. 789, §6; Code 1923, §835; Acts 1933, Ex. Sess., No. 138, p. 124, §1; Acts 1936, Ex. Sess., No. 201, p. 238, §1; Code 1940, T. 55, §216; Acts 1943, No. 122, p. 123, §1; Acts 1961, Ex. Sess., No. 208, p. 2190, §1.)
The State Treasurer is hereby authorized to hire, without regard to the state Merit System law, one additional employee who shall serve at the pleasure of the State Treasurer. The Treasurer shall set the salary of the said additional employee, provided that such salary shall not exceed the maximum amount payable to assistant department heads of the Executive Branch of government. For purposes of pay and employment benefits, rights and privileges, the said additional employee shall be treated as if he or she is an employee of the state.
(Acts 1987, No. 87-803, p. 1577, § 1.)
All officers and employees in the office of the Treasurer shall be subject to the provisions of the Merit System.
(Acts 1939, No. 450, p. 603, § 1; Code 1940, T. 55, §211.)
If the Treasurer resigns or is removed, he must immediately after such resignation or removal deliver the books, papers and money belonging to the treasury to his successor, taking a receipt therefor, and must, within 10 days after resignation or removal, state his account, and the Department of Finance must record and file in his office a statement of such settlement and receipt and report the same to the next session of the Legislature.
(Code 1852, §67; Code 1867, §101; Code 1876, §102; Code 1886, §115; Code 1896, §2014; Code 1907, §620; Code 1923, §830; Code 1940, T. 55, §212.)
(a) Not less than 15 nor more than 30 days before the due date of principal and interest on each of the respective issues of bonded indebtedness, the Treasurer must certify to the Comptroller the amount of money needed to pay the principal and interest falling due on that date, and for any expenses necessarily incurred by the fiscal agent in the discharge of its duties. The Comptroller shall draw his warrant on the treasury in favor of the Treasurer for such amount to be paid out of any fund appropriated for the payment of principal and interest and expenses.
(b) Not more than 15 business days before the actual due date of principal and interest, the Treasurer shall remit to the fiscal agent, by wire transfer or draft, the total amount of principal, interest, and expenses of the fiscal agent, due on said bond.
(c) For the purpose of paying principal and interest on any issues of funded indebtedness, the Treasurer with the written consent of the Governor, may designate at least two banks, one or more within the State of Alabama and one or more within the continental United States.
(d) In the event that any issues of bonded indebtedness existing, prior to the date of enactment of this section, provide by the terms of the issue an alternate means of paying principal and interest, including but not limited to the establishment of a sinking fund or advance payment, then such payment shall be made in accordance with the terms of such bond indenture.
(Code 1886, §122; Code 1896, §2020; Code 1907, §627; Code 1923, §837; Code 1940, T. 55, §218; Acts 1983, 1st Ex. Sess., No. 83-78, p. 83, §1; Acts 1983, 2nd Ex. Sess., No. 83-165, p. 334, §1.)
It is the duty of the fiscal agent to pay the interest on the bonded indebtedness of the state, upon presentation of the proper coupons and checks and, upon payment, to immediately cancel such coupons and checks and to forward the same to the Treasurer, by express or otherwise, as he directed.
(Code 1886, §124; Code 1896, §2022; Code 1907, §629; Code 1923, §839; Code 1940, T. 55, §220; Acts 1983, 1st Ex. Sess., No. 83-78, p. 83, §1.)
The Treasurer shall not be liable for any loss or damage sustained by the state in carrying out the provisions of Section 36-17-8, which does not result from any fault or negligence on his part.
(Code 1886, §125; Code 1896, §2023; Code 1907, §630; Code 1923, §840; Code 1940, T. 55, §221.)
The Treasurer is the custodian of all redeemed bonds and paid coupons of the state which must be cancelled. He must register them in a book kept for that purpose, in such manner as to show a full and complete identification by date, number, amount, rate of interest, time and place of payment and by whom issued, and such registry must be carefully preserved. All bonds of the state redeemed or paid must be cancelled and filed in the office of the Treasurer.
(Code 1867, §106; Code 1876, §106; Code 1886, §119; Code 1896, §2024; Code 1907, §631; Code 1923, §841; Code 1940, T. 55, §222.)
The Treasurer must enter, in suitable books kept for that purpose, a record of all paid and cancelled coupons of the several classes of coupon bonds issued by the state and all coupon bonds which the state may hereafter issue, such record to be made as soon as practicable after such payment and cancellation. The Examiner of Public Accounts, from time to time, shall examine the cancelled bonds and coupons and shall compare such bonds and coupons with the record made thereof, as required by this section, and with the interest and redemption ledger kept by the Treasurer. Immediately after such examination, the Treasurer and the Examiner of Public Accounts shall then destroy such bonds and coupons, and the state examiner shall certify to the fact of the destruction of such bonds and coupons on the aforesaid record required to be kept by this section.
(Code 1896, §2025; Code 1907, §632; Acts 1909, No. 84, p. 275; Code 1923, §842; Code 1940, T. 55, §223; Acts 1969, No. 223, p. 543, §1.)
Whenever it shall be made to appear to the Governor, auditor and Treasurer, by clear and satisfactory evidence, that any duly registered bond of the State of Alabama, bearing interest, has been lost or destroyed so that the same is not held by any person as his property, they shall issue a duplicate of such registered bond, in like amount, bearing like interest and executed and marked in like manner as the bond so proved to have been lost or destroyed. But the owner of such lost or destroyed bond shall first execute a penal bond in double the amount of such lost or destroyed bond and the interest which would thereafter accrue thereon, with two good and sufficient sureties, to be approved by the Governor, payable to the State of Alabama, with condition to indemnify and save harmless the state from any claim because of such lost or destroyed bond. Such penal bond shall be filed and kept in the office of the Treasurer, and a copy thereof, duly certified by the Treasurer, is admissible in evidence in any court.
(Code 1896, §2026; Code 1907, §633; Code 1923, §843; Code 1940, T. 55, §224.)
(a) All bonds of the State of Alabama of every kind and character heretofore issued which constitute a direct obligation of the State of Alabama, and for the payment of which the full faith and credit of the State of Alabama is pledged, may be converted or exchanged from coupon bonds into registered bonds of the same series, denominations and maturities and may be converted or exchanged from registered bonds into coupon bonds of the same series, denominations and maturities in such manner that coupon bonds and registered bonds of the same series, denominations and maturities shall be interchangeable, at the option of the holder thereof.
(b) The Treasurer, with the approval of the Governor, is authorized to prescribe regulations for the registration of bonds and for the conversion or exchange of coupon bonds into registered bonds of the same series, denominations and maturities and for the conversion or exchange of registered bonds into coupon bonds of the same series, denominations and maturities, so that coupon bonds and registered bonds of the same series, denominations and maturities shall be interchangeable, at the option of the holder thereof, on all issues of bonds described in subsection (a) of this section.
(c) Upon the issuance of a registered bond for a coupon bond, all matured and unearned coupons on said bonds shall be first clipped from the said bond by the Treasurer and cancelled.
(d) The fee to be paid on each such conversion or exchange of a registered bond to a coupon bond shall be $2.00 for each $1,000.00, or fraction thereof, of face value of bonds so converted or exchanged, and the fee to be paid on each such conversion or exchange of a coupon bond to a registered bond shall be $.50 for each $1,000.00 or fraction thereof of face value of bonds so converted or exchanged, which fees shall be paid to the Treasurer and shall be placed to the credit of the General Fund of the State.
(e) The Treasurer shall keep a full and complete record of all coupon bonds which are converted or exchanged into registered bonds and a full and complete record of all registered bonds which are converted or exchanged into coupon bonds, with the respective numbers of such bonds both before conversion or exchange and after conversion or exchange, the amount or denomination thereof when converted or exchanged and the name and address of the registered holders of all bonds which are converted or exchanged from coupon bonds into registered bonds and the name and address of all holders of registered bonds which are converted or exchanged into coupon bonds. Such registered bonds can be transferred only by an appropriate change of registration in such manner and form as may be prescribed by the Treasurer, with the approval of the Governor.
(f) Interest on all registered bonds shall be paid by check or draft of the Treasurer mailed to the holder at the address shown by the registration records.
(g) No coupon bond shall be converted into a registered bond and no registered bond shall be converted into a coupon bond within 15 days prior to any interest payment date.
(Acts 1936, Ex. Sess., No. 201, p. 238, §§1-7; Code 1940, T. 55, §225.)
The State Treasurer may, in his discretion, destroy, or cause to be destroyed, any cancelled state warrants at any time after the expiration of one year after the close of the fiscal year in which the warrants were issued; provided, such warrants have been photographed or microphotographed as authorized by law. He shall likewise have the power and authority to destroy, or cause to be destroyed, the journals pertaining to or covering such warrants.
The State Treasurer shall not be required to obtain the permission, approval or consent of any state officer, agency or commission to destroy such records, the provisions of any other law to the contrary notwithstanding.
(Acts 1969, No. 222, p. 542, §1; Acts 1973, No. 1242, p. 2091, §1; Acts 1984, No. 84-473, p. 1095, §1.)
Sinking funds are trust funds for the equitable use and benefit of the holders and owners of the state bonds or obligations for the payment of which the sinking funds were created. The Treasurer is special trustee for the care and custody of such sinking funds after they are paid into the State Treasury. It shall be the duty of the Treasurer to take charge of, keep safely and handle the funds coming into said sinking funds.
(Acts 1923, No. 436, p. 585, §1; Code 1923, §844; Acts 1935, No. 311, p. 743, §5; Acts 1939, No. 112, p. 144, §§9, 10; Code 1940, T. 55, §226.)
(a) The State Treasurer is authorized and empowered, in his or her discretion, with the written approval of the Governor, to invest funds held in the State Treasury in direct obligation of the United States of America and in direct obligations backed by the full faith and credit of the State of Israel whenever and to the extent that the amount of any such funds exceeds the amount which the State Treasurer finds, with the written approval of the Governor, cannot be applied either immediately or within a short time to any purpose for which such funds are held.
(b) For the purpose of making investments under the provisions of this section, the State Treasurer, with the written approval of the Governor, is authorized to make purchases and sales of direct obligations of the United States of America and the State of Israel, and the State Treasurer shall be the custodian thereof.
(c) All direct obligations of the United States of America and the State of Israel in which any such funds are invested pursuant to the provisions of this section shall be registered in the name of the State Treasurer of Alabama in trust for such fund to which such investments belong, and all such direct obligations and any interest or other earnings thereon shall be held by the State Treasurer in the State Treasury in the fund in which the funds so invested were held prior to the investment thereof as herein authorized.
(d) All earnings and income from the investments under the provisions of this section, unless otherwise provided, are hereby appropriated to and made a part of the fund from which the investment is made.
(Acts 1945, No. 66, p. 63, §§1-4; Act 2004-517, §1.)
All bonds and other securities for money belonging to the state or under the control thereof are to be deposited with the Treasurer, and all payments on the same must be made to the Treasurer, being first certified to him by the Comptroller.
(Code 1852, §385; Code 1867, §431; Code 1876, §537; Code 1886, §643; Code 1896, §2012; Code 1907, §615; Code 1923, §823; Acts 1939, No. 112, p. 144, §15; Code 1940, T. 55, §89.)
(a) There is hereby created in the state treasury a special fund to be known as the State Treasury Operations Fund, which shall be used exclusively for the operations of the Office of the State Treasurer. This fund may receive general fund appropriations, amounts from the Unclaimed Property Reserve Fund, and any other receipts. All unobligated amounts remaining in this special fund at the end of any fiscal year of the State of Alabama shall remain in this special fund and be available for use for the operations of the office. No funds shall be expended for any purpose whatsoever unless the same have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in amounts and for the purposes provided by the Legislature in the general appropriation bill or as otherwise provided by statute.
(b) Should the funds provided to the State Treasurer through the State Treasury Operations Fund be insufficient to properly operate the office, the State Treasurer shall request a sufficient appropriation from any state funds.
(Act 2013-92, p. 203, §1.)
(a) For purposes of this section, the following terms have the following meanings:
(1) ALABAMA TRUST FUND. The fund established by Amendment 450.
(2) AMENDMENT 450. Amendment 450 to the Constitution of Alabama of 1901, as amended, now appearing as Section 219.02, Official Recompilation of the Constitution of Alabama of 1901, as amended.
(3) BOARD. The Board of Trustees of the Alabama Trust Fund.
(b) Except as otherwise provided by Amendment 450, members of the board or any committee established by the board may participate in a meeting of the board or committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time.
(c) Participation by means authorized in this section shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum, to deliberate and take action.
(d) The telephone or video conference or other similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe meetings held pursuant to this section, to the same extent required by Amendment 450 for public participation at meetings.
(e)(1) The facilities of the State Treasurer shall be used in the administration of the Alabama Trust Fund, including the scheduling and notification of meetings.
(2) The State Treasurer shall give notice of any meeting held pursuant to this section in the same manner required by Amendment 450 for meetings, and otherwise in accordance with the Open Meetings Act.
(Act 2022-410, §1.)
There shall be a Director of the Department of Forensic Sciences who shall be appointed by the Attorney General upon certification by the Director of State Personnel as meeting job qualifications specified for this position in the state service. The director may be removed by the Governor only upon such proof as would authorize the impeachment of a district attorney under the laws of this state.
(Acts 1935, No. 225, p. 616, §2; Code 1940, T. 14, §387; Acts 1980, No. 80-591, p. 945, §1.)
The duties of the director shall be to make such investigations, including any necessary autopsy, to be performed by physicians licensed to practice medicine in Alabama and recognized and trained in forensic medicine and pathology; provided, however, that the director may waive this requirement temporarily whenever a medical examiner vacancy exists which he is seeking to fill. Said investigations of unlawful, suspicious or unnatural deaths and crimes as are ordered by the Governor, the Attorney General, any circuit judge, or any district attorney in the State of Alabama, and the director and his staff shall cooperate with the coroners, sheriffs and other police officers in Alabama in their investigations of crimes and deaths from unlawful, suspicious or unnatural causes. The director shall within his discretion visit the scene of any crime in the state for the purpose of securing evidence for the state. The director shall furnish a certified copy of his report of any investigation that the department conducts to the person or persons who ordered the investigation conducted. The director shall keep the original reports of all investigations that he conducts in his office; provided, that the director shall be authorized to photograph or microphotograph any record, document or photograph two years old or older currently maintained or acquired, received or produced in the future as a result of his duties as prescribed by law. Such photographs, microfilms or prints made therefrom, when duly authenticated, shall have the same force and effect at law as the original record or of a record made by any other legally authorized means and may be offered in like manner and shall be received in evidence in any court where such original record or record made by other legally authorized means could have been so introduced and received. In like manner, reproductions made from such records by photographic or like process, when otherwise in compliance with applicable statutes, rules and regulations, shall be received and treated in any court of this state as fully as would a transcription or reproduction of such records made by any other means or process. All original records, documents, and photographs two years old or older currently maintained and acquired in the future may be destroyed at the discretion of the director, provided photographed or microphotographed reproductions of the destroyed material are maintained. The director shall furnish a certified copy in the form of reproductions from the photographed or microphotographed reports of any investigation that he conducts to the person or persons who ordered the investigation conducted. The director shall keep photographed or microphotographed reproductions of original reports of all investigations that he conducts in his office. Reproductions of such materials shall be public records and shall be open to public inspection at all reasonable times. Any person desiring reproductions of original reports shall be furnished same upon payment of the fee now prescribed by law.
It shall be the further duty of the director to cooperate with the Commissioner of Agriculture and Industries and the State Veterinarian in their investigations of deaths of domestic animals in cases of suspected criminal poisoning of such animals. The director shall perform such other duties as are prescribed by the Governor or the Attorney General of Alabama.
The director and his designated assistants shall exercise the same police authority as any deputy sheriff or state trooper in the State of Alabama.
(Acts 1935, No. 225, p. 616, §2; Acts 1939, No. 440, p. 584, §1; Code 1940, T. 14, §388; Acts 1951, No. 124, p. 353, §1; Acts 1976, No. 498, p. 623, §1; Acts 1980, No. 80-591, p. 945, §1.)
The director shall maintain an office and a laboratory for the scientific investigation of deaths and crime at Auburn, Alabama, and shall be furnished adequate quarters by the state for the conduct of his office and laboratories. The director, with the approval of the Attorney General and the Governor, shall maintain such other offices and laboratories in this state as are necessary to carry out the provisions of this arcticle.
(Acts 1939, No. 440, p. 584, §1; Code 1940, T. 14, §389; Acts 1980, No. 80-591, p. 945, §1.)
The salary of the director shall be established as provided in Section 36-6-6 and shall be payable out of the funds provided therefor in the general appropriation bill or out of any funds in the State Treasury not otherwise appropriated and as the salaries of other state officers are paid. The director and his staff shall be furnished with offices and laboratories at the expense of the state and shall also be allowed all necessary expenses for the equipment and conduct of his offices and laboratories, including stenographic and laboratory assistance, for the purpose of carrying out the provisions of this article. Such expenses are to be paid by warrants approved by the Governor and shall be limited in amount to the sum provided therefor in the general appropriation bill. All funds expended under the provisions of this article shall be budgeted and allotted in accordance with the provisions of Article 4, Chapter 4, Title 41.
(Acts 1939, No. 440, p. 584, §1; Code 1940, T. 14, §390; Acts 1951, No. 430, p. 778, §1; Acts 1955, No. 372, p. 897, §1; Acts 1980, No. 80-591, p. 945, §1.)
All present employees of the office of State Toxicologist (State Department of Toxicology and Criminal Investigation) shall remain in their respective positions and continue to enjoy employment conditions, including, but not limited to, salary range and advancement at a level no less than those enjoyed prior to May 28, 1980. However, nothing herein shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law.
(Acts 1980, No. 80-591, p. 945, §2.)
The Alabama Forensic Services Trust Fund is created and shall be administered by the Director of the Department of Forensic Sciences.
(Acts 1995, No. 95-733, p. 1567, §1; Acts 1995, No. 95-734, p. 1568, §1.)
(a) Beginning October 1, 1995, in addition to all fines, fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional fee of one hundred dollars ($100) on any conviction in any court of the state for drug possession, drug sale, drug trafficking, and drug paraphernalia offense as defined in Sections 13A-12-211 to 13A-12-260, inclusive.
(b) No later than 30 days after collection, proceeds from the additional fines collected pursuant to this section shall be forwarded by the officer of the court that collects the fines to the State Treasurer after one percent of the fine is deducted for administrative costs. All amounts received by the State Treasurer shall be credited to the Alabama Forensic Services Trust Fund. The State Treasurer shall invest money in the fund as provided by law, but all earnings from the fund shall be credited to the fund. Money in the fund at the end of the fiscal year shall remain in the fund, and shall not revert to the General Fund. No funds shall be withdrawn or expended except as budgeted and allocated according to the law and only in the amounts authorized by the Legislature in the general appropriation bill or other appropriation bills.
(Acts 1995, No. 95-733, p. 1567, §2.)
(a) Beginning October 1, 1995, the Director of the Department of Forensic Sciences shall charge and collect three hundred dollars ($300) per hour for the use of department personnel in private lawsuits arising from death investigations and other criminal investigations the department conducts pursuant to Section 36-18-2.
(b) The fee shall be applied to time spent for any or all of the following:
(1) Preparation for trial.
(2) Testimony.
(3) Depositions.
(4) Travel.
(5) Consultations.
(6) Time spent in any additional actions imposed by private lawsuits arising from criminal investigations.
(c) Proceeds from the fees shall be forwarded by the department, no later than 30 days after collection, to the State Treasurer. All amounts received by the State Treasurer shall be credited to the Alabama Forensic Services Trust Fund and shall be administered by the Director of Forensic Sciences. The State Treasurer shall invest money in the fund as provided by law but all earnings from the fund shall be credited to the fund. Money in the fund at the end of the fiscal year shall remain in the fund, and shall not revert to the General Fund. No funds shall be withdrawn or expended except as budgeted and allocated according to law and only in the amounts authorized by the Legislature in the general appropriation bill or other appropriation bills.
(Acts 1995, No. 95-734, p. 1568, §2.)
Notwithstanding any other provision of law, in any county in which the Department of Forensic Sciences performs the duties of the county coroner or county medical examiner pursuant to local law, the county commission shall pay to the department each year the cost of the services provided by the department, as determined by the department. Payments from the county shall be made by the tenth day of each month to the department and shall be deposited into the Alabama Forensic Services Trust Fund. In the event a county does not pay the amounts required by this section, the department shall not be required to perform the duties or responsibilities of the coroner or medical examiner for that county.
(Act 2012-398, p. 1091, §1.)
The Legislature hereby finds, determines and declares:
(a) That the tragic incidence of violent crime in our society is growing at an alarming rate, and that these offenses often times are committed by repeat or habitual offenders against our most innocent and defenseless citizens.
(b) That there is a critical and urgent need to provide law enforcement officers and agencies with the latest scientific technology available for the purpose of identifying, apprehending, arresting, and convicting those violent offenders.
(c) That DNA testing, profiling, and analysis allows a more certain and rapid identification of such offenders as well as the exoneration of those wrongfully suspected or accused.
(d) That genetic identification technology through DNA testing is generally accepted by the relevant scientific community.
(e) That the procedures and techniques employing the underlying theory of DNA identification is capable of producing reliable results and are generally accepted in the relevant scientific community.
(f) That genetic identification established through DNA testing and analysis should be admissible as a matter of evidence in all courts of this state and that juries, both civil and criminal, should be responsible for assessing the weight, if any, to be given to expert testimony or evidence.
(g) That the creation and establishment of a statewide DNA database is the most reasonable and certain method or means to rapidly identify repeat or habitually dangerous criminals.
(h) That the Alabama Department of Forensic Sciences should be authorized and empowered to analyze, type and record any and all genetic markers contained in or derived from DNA and to create a statewide DNA database system for collection, storage and maintenance of genetic identification information as the same may pertain to the identification of criminal suspects.
(i) That because of the nature of genetic identification certain occasions may arise when genetic information may serve an array of humanitarian purposes, including, but not limited to, the identification of human remains from natural or mass disasters or the identification of missing, deceased or unidentified persons.
(j) That through the development of a population statistical database which does not include therein individual personal identification information an important research mechanism is obtained for the causation, detection and prevention of disease.
(k) That genetic identification is a rapidly expanding technology and the Director of the Alabama Department of Forensic Sciences should be authorized and empowered to adopt reasonable rules and regulations to support identification research and the development of standard protocols for forensic DNA analysis or tests and DNA quality control.
(l) That such needs are and ought to be intimately affected with the public interest.
The provisions of this article are to be liberally construed so as to accomplish these purposes and to promote the same which are hereby declared to be the public policy of this state.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §1.)
As used in this article, the following words, phrases or terms shall have the following meanings, respectively unless the context thereof clearly indicates otherwise:
(a) DIRECTOR. Shall mean the Director of the Alabama Department of Forensic Sciences.
(b) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
(c) DNA. Deoxyribonucleic acid.
(d) DNA SAMPLE. Any biological sample containing DNA.
(e) DNA RECORD. An objective form of scientific analysis or tests which contain genetic identification characteristics of DNA samples.
(f) DNA POPULATION FREQUENCY. The frequency of occurrence of a particular DNA trait or fragment in a particular population.
(g) DNA DATABASE. That system established by the Director of the Alabama Department of Forensic Sciences for the purposes of collecting, storing and maintaining DNA records.
(h) DNA POPULATION STATISTICAL DATABASE. That system established by the Director of the Alabama Department of Forensic Sciences for collecting, storing, and maintaining genetic information relating to DNA population frequencies.
(i) FBI. The Federal Bureau of Investigation.
(j) CODIS. The National DNA Identification Index System established by the FBI.
(k) INCARCERATION FACILITY. Any place of lawful involuntary confinement, partial or total, limited or unlimited, for criminals convicted pursuant to Alabama law, including but not limited to:
Prisons, jails or similar facilities.
Work release centers, or similar facilities.
Farms, ranches, halfway houses or similar facilities.
Drug or alcohol abuse treatment facilities.
Mental hospitals or other mental health facilities.
Parole or probation facilities or similar facilities.
(l) CUSTODIAN. Any person who supervises, directs, or controls, by duty, assignment, appointment, or election any incarceration facility, including but not limited to:
The Commissioner of the Alabama Department of Corrections.
Any warden or similar officer employed by the State of Alabama or any county or municipality thereof.
Any director, supervisor, or similar officer of any work release center, ranch, farm, halfway house or similar facility operated, in whole or in part, or funded, in whole or in part, from state, county, or municipal funds.
Any director, supervisor, or similar officer of any drug or alcohol abuse treatment center or similar facility receiving criminals convicted or sentenced thereto pursuant to Alabama law.
Sheriffs.
Chiefs of police.
Probation and parole officers.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §2.)
The director is hereby authorized and empowered to:
(1) Collect, accept, analyze, test and store DNA samples.
(2) Create, maintain or exchange DNA records.
(3) Analyze, type and record any and all genetic markers contained in or derived from DNA and to provide for the collection, storage and maintenance of genetic identification information as the same may pertain to the identification or exclusion of criminal suspects.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §3.)
The director shall ensure that forensic DNA testing conducted pursuant to the provisions of this article shall be conducted in a manner that is compatible with procedures specified by the FBI.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §4.)
(a) The director is hereby authorized and empowered to create and establish a DNA database for the purposes of:
(1) Assisting federal, state, county, municipal, or local criminal justice and law enforcement officers or agencies in the putative identification, detection, or exclusion of persons who are the subjects of investigations or prosecutions of sex related crimes, other violent crimes, or other crimes in which biological evidence is received or recovered.
(2) Supporting identification research and protocol development of DNA forensic methods.
(3) Creating and maintaining DNA quality control standards.
(4) Assisting in the recovery or identification of human remains from natural or mass disasters.
(5) Assisting in other humanitarian purposes including the identification of missing, deceased, or unidentified persons.
(b) The DNA database shall contain DNA records which the director shall deem necessary for the implementation of this article, and also shall contain DNA records of:
(1) Persons convicted after May 6, 1994, for a felony offense.
(2) Persons confined as of May 6, 1994, under a sentence of imprisonment or involuntary incarceration or confinement in a prison, jail, or other incarceration facility as a result of any felony conviction.
(3) Persons convicted after May 6, 1994, of any offense contained in Chapter 6, Title 13A, or as the same may be hereafter amended.
(4) Persons convicted after May 6, 1994, of any attempt, solicitation, or conspiracy to commit any offense contained in Chapter 6, Title 13A, or as the same may be hereafter amended.
(5) Persons convicted or sentenced after May 6, 1994, for any of the offenses enumerated above and serving a sentence of probation, suspended sentence, or other sentence or judgment not requiring immediate incarceration.
(6) Subject to subdivision (3) of subsection (c) of Section 36-18-25, persons arrested on or after October 1, 2010, for any felony offense or for any sexual offense including, but not limited to, those that would require registration pursuant to the Alabama Sex Offender Registration and Community Notification Act, commencing with Section 15-20A-1, of Chapter 20A, Title 15, former Community Notification Act, Article 2, of Chapter 20 of Title 15.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §5; Act 2009-768, p. 2355, §2; Act 2015-463, §1.)
(a) All persons convicted of a criminal offense as set out in Section 36-18-24 shall, when requested by the director submit to the taking of a DNA sample or samples as may be specified by the director, provided, however, the director shall promulgate such rules and regulations as may be necessary for the purposes of ensuring that DNA samples are collected in a medically approved manner.
(b) As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA sample or samples as specified by the director. Upon the refusal of any such person to so submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any sexual offense including, but not limited to, those that would require registration pursuant to the Alabama Sex Offender Registration and Community Notification Act, commencing with Section 15-20A-1, of Chapter 20A, Title 15, or the former Community Notification Act, Article 2, of Chapter 20 of Title 15, on or after October 1, 2010, shall have a DNA sample drawn or taken, as specified by the director, at the same time he or she is fingerprinted pursuant to the booking procedure or at the time of arrest.
(2) For purposes of this chapter, a juvenile who is arrested for an offense covered by this chapter or adjudicated delinquent for the commission of a felony-grade delinquent act shall be considered a person who is arrested for a felony or other specified offense.
(3) If it is determined that the person’s DNA sample has been included in the DNA database, and has not been subject to a court’s order expunging the record from the DNA database, no additional sample is required.
(d) As of May 6, 1994, all persons convicted of any of the offenses set out in Section 36-18-24 shall be ordered to submit to the taking of a DNA sample or samples as specified by the director as a mandatory condition of any term of probation or suspended sentence which may be imposed by the sentencing court.
(e) As of May 6, 1994, all persons convicted for any offense set out in Section 36-18-24 and under any sentence of confinement to any incarceration facility, shall, when requested by the director, submit to the taking of a DNA sample or samples as specified by the director. Upon the refusal of any such person to so submit, the custodian of the incarceration facility shall require such submission as a mandatory condition of any temporary, partial, or limited release, including, but not limited to, work release, furlough, or other incentive release.
(f) As of May 6, 1994, all persons convicted of any of the offenses set out in Section 36-18-24, shall be ordered by the sentencing court to submit to the taking of a DNA sample or samples as may be specified by the director as part of the sentence to be imposed.
(g) As of May 6, 1994, all persons convicted for any offense set out in Section 36-18-24 who may be eligible for consideration by the Alabama Board of Pardons and Paroles for either a pardon or parole shall be ordered by the Alabama Board of Pardons and Paroles to submit to the taking of a DNA sample or samples as may be specified by the director, as a mandatory condition of the pardon or parole.
(h) Nothing in this article shall be construed as creating a cause of action against the state or any of its agencies, officials, employees, or political subdivisions based on the performance of any duty imposed by this article or the failure to perform any duty imposed by this article.
(i) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this chapter and its use in accordance with this chapter is authorized until the circuit court in which an individual was convicted or, in a case where the DNA sample was collected pursuant to a felony or sexual offense arrest, the circuit court where the individual was arrested, orders that the DNA sample should be expunged.
(j) DNA records and DNA samples submitted to the Department of Forensic Sciences may only be released for one of the following authorized purposes:
(1) For law enforcement identification purposes, including the identification of human remains, to federal, state, or local criminal justice agencies.
(2) For criminal defense and appeal purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which the defendant is charged or was convicted.
(3) If personally identifiable information is removed for forensic validation studies, forensic protocol development, or quality control purposes.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §6; Act 2009-768, p. 2355, §2; Act 2015-185, §5; Act 2015-463, §1.)
Upon the reversal of conviction, the director shall be authorized and empowered to expunge DNA records upon request of the person from whom the sample was taken.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §7.)
DNA records collected and maintained for the purpose of the identification of criminal suspects or offenders shall be disclosed only:
(a) To criminal justice agencies for law enforcement identification purposes.
(b) In judicial proceedings, if otherwise admissible.
(c) For criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §8.)
(a) A person who by virtue of employment or official position has possession of, or access to, individually identifiable DNA information indexed or otherwise contained in the DNA database system of the Alabama Department of Forensic Sciences and who knowingly and willfully discloses such information in any manner to any person or agency not entitled to receive it shall be guilty of a Class C felony.
(b) A person who without authorization knowingly and willfully obtains DNA samples or any individual identifiable DNA information indexed or contained in the DNA database system of the Alabama Department of Forensic Sciences shall be guilty of a Class C felony.
(c) A person who shall conspire to commit a violation of subsections (a) or (b) shall be guilty of a Class C felony.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §9.)
A person who shall knowingly make any false entry or falsely alter any record of the Alabama Department of Forensic Sciences; or who shall intentionally destroy, mutilate, conceal, remove or otherwise impair the verity or availability of records of the Alabama Department of Forensic Sciences with the knowledge of a lack of authority to do so; or who shall possess a record of the Alabama Department of Forensic Sciences and refuse to deliver up such record upon proper request of a person lawfully entitled to receive the same shall be guilty of a Class B felony.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §10.)
Expert testimony or evidence relating to the use of genetic markers contained in or derived from DNA for identification purposes shall be admissible and accepted as evidence in all cases arising in all courts of this state, provided, however, the trial court shall be satisfied that the expert testimony or evidence meets the criteria for admissibility as set forth by the United States Supreme Court in Daubert, et. ux., et. al., v. Merrell Dow Pharmaceuticals, Inc., decided on June 28, 1993.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §11.)
(a) The director is hereby authorized and empowered to create and establish a DNA population statistical database which shall not include therein individually identifiable information.
(b) The DNA population statistical database may be utilized for the following purposes:
To provide data relative to the causation, detection and prevention of disease or disability.
To support identification research and protocol development of DNA forensic methods, or to create and maintain DNA quality control standards.
To assist in other humanitarian endeavors including, but not limited to, educational research or medical research or development.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §12.)
(a) There is established a special fund in the State Treasury to be known as the Alabama DNA Database Fund.
(b) The fund shall be placed under the management or administration of the Director of the Alabama Department of Forensic Sciences for the exclusive purposes of implementing this article.
(c) The fund shall consist of all monies received by the director pursuant to this section.
(d) The director shall have control of those funds subject to this article and the laws of the State of Alabama.
(e) Monies deposited in the Alabama DNA Database Fund may be expended by the Director of the Alabama Department of Forensic Sciences in accordance with this article. The investment of monies in the fund by the State Treasurer shall remain in the Alabama DNA Database Fund. At the end of each fiscal year any unexpended or unencumbered monies shall remain in the fund. However, no funds shall be withdrawn or expended except as budgeted and allotted according to law and only in the amounts authorized by the Legislature in the general appropriation bill or other appropriation bills.
(f) Neither the director nor any member of the director’s staff nor any employee of the Alabama Department of Forensic Sciences shall have any financial interest in any such investments or receive any reward, thing of value, or commission in respect thereto.
(g) The director shall keep detailed permanent records of all expenditures and disbursements from the fund.
(h) In all municipal, district, and circuit court civil cases, and upon initiation of attachment, garnishment, or execution proceedings, a fee in the amount of two dollars ($2) shall be assessed and collected. In all municipal, district, and circuit court criminal cases, in bond forfeiture proceedings, and upon the issuance of any alias or capias warrant of arrest, a fee in the amount of fifteen dollars ($15) shall be assessed and collected. The fee shall be collected by the court clerk and remitted as follows:
(1) Alabama DNA Database Fund.
a. For fiscal years 2009 and 2010, seven dollars ($7).
b. For fiscal year 2011, eight dollars ($8).
c. For fiscal years 2012 through 2025, eleven dollars ($11).
d. For fiscal year 2026 and thereafter, fourteen dollars ($14).
(2) Citizenship Trust pursuant to Section 16-44A-31, for the purposes described in Section 36-18-32.1.
a. For fiscal years 2009 and 2010, five dollars ($5).
b. For fiscal year 2011, four dollars ($4).
c. For fiscal year 2012 and thereafter, one dollar ($1).
Provided, however, that there shall be no additional fees imposed for violations relating to parking tickets or small claims cases.
(i) The amount of the fees shall be remitted by the person or authority collecting the same to the director on the 10th day of the month following the month in which the fee is paid. It shall be the duty of the clerk or other authority collecting those court fees to keep accurate records of the amounts due the director for the benefit of the fund established under this section.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §13; Act 2009-768, p. 2355, §2; Act 2025-306, §1.)
It is the intent of Act 2009-768 to effect the changes provided in criminal procedure, and concurrently, to reduce criminal conduct by promoting good citizenship education. The amounts specified by Section 36-18-32 to be remitted to the Citizenship Trust shall be appropriated, expended, and audited in the manner provided by Article 2 of Chapter 44A of Title 16, of which one half shall be for the David Mathews Center for Civic Life. Any funds allotted under this section shall be reviewed by the Joint Legislative Oversight Committee on Alabama’s Veterans Living Legacy created by Section 16-44A-59.
(Act 2009-768, p. 2355, §4.)
The increase in fees provided in this article shall in no instance operate to increase the municipal share of the docket fees collected in municipal ordinance cases in the district and circuit courts or any cost imposed by local act, any provision of the law to the contrary notwithstanding.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §14.)
(a) For the purposes of performing any of the functions, duties, or responsibilities of the Alabama Department of Forensic Sciences or for the purposes of implementing any provision of this article or to defray the costs thereof, the director may receive, accept, expend, or utilize any and all money or property of whatever nature, kind or description which may now or hereafter be available for such purposes.
(b) For the purposes of implementing any of the provisions of this article, or to defray the costs thereof, the director may award loans or grants of money, equipment or personnel to public or private non-profit corporations, associations, agencies of the State of Alabama or any political subdivision thereof, or to state, county, or municipal law enforcement or prosecutorial or judicial agencies upon such terms and conditions as the director may deem necessary.
(c) The director may enter into agreements with the United States of America, the State of Alabama, any municipality, or any of the respective agencies, institutions, departments, authorities, agents or employees of the above in order to implement the provisions of this article or to defray the costs thereof.
(d) The director may enter into contracts with private persons in order to implement any provision of this article or to defray the costs thereof, provided however, any such agreement or contract shall be approved by the Governor or the Attorney General of the State of Alabama.
(e) The director may receive, accept, utilize, expend, and administer any grants, gifts, donations, reimbursements, or fees from any public, quasi-public, or private source.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §15.)
(a) Any person who confers, offers, or agrees to confer anything of value upon any director, agent, or employee of the Alabama Department of Forensic Sciences with the intent that such director’s, agent’s, or employee’s vote, opinion, judgment, or exercise of discretion or other official action will thereby be influenced, shall be guilty of a Class B felony.
(b) Any director, agent, or employee of the Alabama Department of Forensic Sciences who shall solicit, accept, or agree to accept anything of value upon any agreement or understanding that such director’s, agent’s, or employee’s vote, opinion, judgment, or exercise of discretion or other action as such director, agent, or employee will thereby be influenced, shall be guilty of a Class B felony.
(c) A director, agent, or employee of the Alabama Department of Forensic Sciences commits the crime of failing to disclose a conflict of interest if the director, agent, or employee exercises any discretionary function in connection with any contract, purchase, payment, or other pecuniary transaction pertaining to the Alabama Department of Forensic Sciences without advance public disclosure of a known potential conflicting interest in the transaction.
(1) A “potential conflicting interest” exists, but is not limited to:
A. When a director, agent, or employee of the Alabama Department of Forensic Sciences is a director, president, general manager, or similar executive officer, agent or employee of any non-governmental entity participating in such transaction.
B. When a director, agent, or employee of the Alabama Department of Forensic Sciences owns directly or indirectly a substantial portion of any non-governmental entity participating in that transaction.
C. When a director, agent or employee of the Alabama Department of Forensic Sciences endeavors to obtain directly or indirectly any pecuniary or other financial interest in, or as a result of, the pecuniary transaction.
(2) Public disclosure shall mean a public announcement and written notification to the Attorney General of the State of Alabama.
(3) Failing to disclose a conflict of interest shall be a Class C felony.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §16.)
For the purposes of implementing the provisions of this article or to defray the costs thereof, the Director of the Alabama Department of Forensic Sciences shall have all the powers and privileges of a corporation and all of his or her business shall be transacted in the name of the Alabama Department of Forensic Sciences. In addition to any other powers and duties specified elsewhere in this article, the Alabama Department of Forensic Sciences shall have power to:
(a) Regulate its own procedures except as otherwise provided in this article.
(b) Define any term not defined in this section.
(c) Prescribe forms necessary to carry out the purposes of this article.
(d) Take judicial notice of general, technical and scientific facts within the director’s specialized knowledge.
(e) Collect all moneys provided by this article to be collected by the director.
(f) Provide for and maintain all necessary administrative facilities, personnel, equipment, supplies, materials and other items which the director deems necessary for the proper dispatch of his or her duties, responsibilities, or functions pursuant to the provisions of this article.
(g) Provide for payment of all administrative salaries, fees and expenses.
(h) Cause moneys to be invested and investments sold or exchanged and the proceeds and income collected.
(i) Adopt such rules and regulations as may be necessary or desirable to expedite the administration of the affairs of the Department of Forensic Sciences not inconsistent with the provisions of this article.
(j) Provide descriptive literature respecting the Alabama Department of Forensic Sciences and its duties.
(k) Employ such specified or technical personnel as shall be necessary or desirable to enable the director to carry on his or her functions in a proper and sound manner.
(l) Receive by gift, grant, devise or bequest any moneys or properties of any nature or description.
(m) Accept and administer loans, grants and donations from the federal government, its agencies, and all other sources, public and private.
(n) Collect, develop and maintain statistical information, records and reports as the director may determine relevant or necessary to carry out the powers, duties, or functions of the director pursuant to the provisions of this article. All agencies and institutions of this state, the political subdivisions thereof as well as agencies or institutions of municipalities shall, upon written request by the director furnish to the director such statistical information or data as the director shall deem necessary to fulfill his or her duties and responsibilities under the provisions of this article.
(o) Carry out any powers expressly granted elsewhere in this article to the director; and
(p) All other powers necessary for the proper administration of the provisions of this article.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §17.)
(a) Neither the Director of the Alabama Department of Forensic Sciences nor any person designated by the director for the purposes of taking, collecting, storing, analyzing or testing DNA samples shall incur any civil liability when such taking, collecting, storing, analyzing or testing is performed according to rules or regulations promulgated or adopted by the director, and
(b) The alleged damage or injury was not caused by willful or wanton conduct by the director or the director’s designated person.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §18.)
The Attorney General shall represent the director in all litigation to which the director is a party or in which the director has an interest and on all legal matters necessary for the orderly and reasonable implementation and administration of this article.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §19.)
This article shall be broadly construed and, if necessary, reconstrued to make its provisions constitutional.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §21.)
The Legislature finds, determines, and declares the following:
(1) Driving a vehicle while under the influence of alcohol or a controlled substance continues to be a major problem on the highways of our state and causes the death or injury of thousands of our citizens each year.
(2) The Legislature should use whatever authority is available to it to discourage driving a vehicle while under the influence of alcohol or a controlled substance, including the levying of fines therefor at a level which will discourage such activity.
(3) Administering and implementing a quality chemical testing program for alcohol and controlled substances is costly for the taxpayers and thus the convicted offender should bear a greater portion of the financial burden of the chemical testing program at the state and local level.
(4) The chemical breath testing program conducted by this state has reduced the number of deaths and injuries, and the program continues to be the most effective and the most efficient scientific method to accurately determine if a driver has too much alcohol or a controlled substance in his or her system which would affect his or her ability to safely operate a motor vehicle.
(5) The accuracy and reliability of the chemical testing procedures must be beyond reasonable doubt since a defendant may be convicted under Act 95-784 if the prosecuting attorney introduces a chemical test showing blood alcohol content of 0.08 percent or more.
(6) The Alabama Department of Forensic Sciences has properly upgraded the rules and regulations for breath testing to further insure that all tests meet scientific standards for accuracy and reliability as defined by the Supreme Court of Alabama in the case of Mayo v. City of Madison, SC #1921892, 652 So. 2d 201 (Ala. 1994).
(7) The Alabama Department of Forensic Sciences and the Alabama Department of Public Safety, without designated funding, have managed, supervised, and conducted all necessary training and in further partnership with city and county law enforcement officers, successfully implemented the breath testing program as required by legislative mandate and in accordance with all court rulings.
(8) The needs of the breath testing program are and should be intimately affected with the public interests.
(9) This article should be liberally construed to accomplish its purposes and to promote the policies contained therein which are declared to be the public policy of this state.
(Acts 1995, No. 95-784, p. 1862, §1.)
(a) There is hereby established a special fund in the State Treasury, to be known as the Alabama Chemical Testing Training and Equipment Trust Fund.
(b) The State Treasurer shall invest money in the fund as is provided by law but all earnings from the fund shall be credited to the fund. Money in the fund at the end of the fiscal year shall remain in the fund, and shall not revert to the General Fund. However, no funds shall be withdrawn or expended except as budgeted and allotted according to law and only in the amounts authorized by the Legislature in the general appropriation bill or other appropriation bills.
(Acts 1995, No. 95-784, p. 1862, §3.)
(a) There is created the Alabama Chemical Testing Training and Equipment Trust Fund Advisory Board to be appointed as follows:
(1) The President of the Alabama Sheriffs’ Association shall appoint one sheriff.
(2) The Alabama Association of Chiefs of Police shall appoint one police chief from a city of less than 25,000 population and one police chief from a city of greater than 25,000 population according to the last federal census.
(3) The Alabama Attorney General shall appoint one prosecutor.
(4) The Chief Justice of the Alabama Supreme Court shall appoint one district or municipal judge and one circuit judge.
(5) The Governor shall appoint one citizen at large.
(6) The Lieutenant Governor shall appoint one member of the Alabama Senate.
(7) The Speaker of the House of Representatives shall appoint one member of the House of Representatives.
(8) The Technical Director, Implied Consent Program, Department of Forensic Sciences, and the Commander, Implied Consent Unit, Department of Public Safety, shall serve on the advisory board by virtue of their departmental assignments.
(b) The first appointees shall be appointed by October 8, 1995, and shall serve until their successors are appointed on the fifth day of the 1999 Regular Session of the Legislature. In the event of the death or resignation of any member of the advisory board, a successor shall be appointed by the person or entity that made the original appointment and the successor appointed to the vacancy shall serve for the remainder of the unexpired term. Subsequent appointments to the board shall be for four-year terms. The board shall elect from its membership a chair and vice chair at an organizational meeting held no later than 30 days after appointments to the board are finalized. Thereafter, the board shall meet at the call of the chair, vice chair, or upon the request of five or more members, with notice and procedure as prescribed by the rules of the board. The body may adopt administrative rules for transacting business that are consistent with this article.
(c) A majority of the members of the board shall constitute a quorum for transacting business or performing any duties.
(Acts 1995, No. 95-784, p. 1862, §4.)
The Alabama Chemical Testing Training and Equipment Advisory Board shall develop, and if appropriate, periodically revise, a recommended list of priorities and criteria for disbursement of monies in the Alabama Chemical Testing Training and Equipment Trust Fund. The advisory board shall provide its recommendations for disbursement, on an annual basis, to the Governor, Lieutenant Governor, Attorney General, Speaker of the House, Director of the Department of Forensic Sciences, Director of the Department of Public Safety, the Executive Director of the Alabama Chiefs of Police Association, the Executive Director of the Alabama Sheriffs’ Association, the Executive Director of the Office of Prosecution Services, the Chief Justice of the Alabama Supreme Court and to the Executive Secretary of the Peace Officers’ Standards and Training Commission. Money in the fund shall be used only to administer the fund, to purchase and maintain chemical testing equipment for city, county, or state law enforcement agencies in this state, to provide training to law enforcement personnel of this state in the use of that chemical testing equipment, to pay the costs of the Implied Consent Unit in the Department of Public Safety, to pay the costs of the Implied Consent Program in the Department of Forensic Sciences, and to support the activities of the board.
(Acts 1995, No. 95-784, p. 1862, §5.)
The Director of the Department of Forensic Sciences shall administer the Alabama Chemical Testing Training and Equipment Trust Fund in accordance with the recommended list of priorities and criteria for disbursement as published by the Alabama Chemical Testing Training and Equipment Advisory Board.
(Acts 1995, No. 95-784, p. 1862, §6.)
Act 95-784 shall be broadly construed and, if necessary, reconstrued to make its provisions constitutional.
(Acts 1995, No. 95-784, p. 1862, §9.)
The Fire Marshal and his duly appointed deputies and assistants shall have full, general powers of peace officers in this state and may exercise such powers anywhere within the state.
(Acts 1919, No. 701, p. 1013; Code 1923, §954; Code 1940, T. 55, §30; Acts 1975, No. 1158, p. 2281, §1.)
The Fire Marshal and his duly appointed deputies and assistants shall have the specific duty of enforcing the laws, regulations and ordinances of the state and the provisions of this article throughout the state in matters relating to:
(1) Prevention of fires;
(2) Storage, sale and use of combustibles and explosives;
(3) Installation and maintenance of automatic and other fire alarm systems and fire extinguishing equipment;
(4) Construction, maintenance and regulation of fire escapes;
(5) The means and adequacy of exits in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters and all other places in which numbers of persons live, work or congregate from time to time for any purpose or purposes;
(6) Suppression of arson, and the investigation of the cause, origin and circumstance of fires.
The Fire Marshal, his deputies and assistants shall have such other powers and perform such other duties as set forth in other sections of this article and as may be conferred and imposed upon them from time to time by the laws of this state.
(Acts 1919, No. 701, p. 1013, §2; Code 1923, §954; Code 1940, T. 55, §30; Acts 1975, No. 1158, p. 2281, §1.)
(a) No person may lawfully manufacture a destructive device or bacteriological or biological weapon without first obtaining a permit from the office of the State Fire Marshal. The office of the State Fire Marshal shall adopt rules as necessary to implement this section including, but not limited to, rules for all of the following:
(1) The form for making application for a permit.
(2) The qualifications necessary for obtaining a permit.
(3) Fees for making application, issuance, renewal, reinstatement of a lapsed permit, and other fees deemed necessary by the Fire Marshal relating to a permit.
(b) The office shall have 30 days to investigate and review an application, and either issue or deny a permit. A denial shall state the reasons why the permit was not issued and what corrective action, if any, may be taken.
(c) A permit shall expire one year following the date of its issuance or renewal and shall become invalid, unless renewed by payment of the applicable fee.
(Act 2016-414, §3.)
The chief of the fire department, the chief of police or marshal of every incorporated city or town in which a fire department is established, the mayor of each incorporated town in which no fire department exists and the sheriffs of the several counties of the state shall be, by virtue of such offices so held by them, assistants to the Fire Marshal, subject to the duties and obligations imposed by this article and subject to the direction of the Fire Marshal in the execution of the provisions of this article.
(Acts 1919, No. 701, p. 1013, § 4; Code 1923, §958; Code 1940, T. 55, §33.)
The Fire Marshal, his deputies or any of his assistants may at all hours enter any building or premises within this state for the purpose of making an investigation or inspection which under the provisions of this article he or they may deem necessary to be made.
(Acts 1919, No. 701, p. 1013, §5; Code 1923, §976; Code 1940, T. 55, §50.)
Nothing in Act 2021-476 shall eliminate or otherwise diminish the authority of the state Fire Marshal or his or her assistants, as defined by Section 36-19-3, or a local fire marshal to conduct property inspections.
(Act 2021-476, §6.)
The assistants to the Fire Marshal provided for in Section 36-19-3 shall investigate the cause, origin and circumstance of every fire occurring in any municipality or place in this state by which property has been destroyed or damaged, to determine, so far as it is possible, whether the fire was the result of carelessness or design. Such investigation shall be begun immediately upon the occurrence of the fire by the assistant in whose territory such fire has occurred; and, if it appears to the officer making the investigation that such fire is of suspicious origin, the Fire Marshal shall be immediately notified of such fact.
(Acts 1919, No. 701, p. 1013, §5; Code 1923, §959; Code 1940, T. 55, §34.)
Every fire occurring in the state shall be reported in writing to the Fire Marshal within 10 days after the occurrence of the same by the officer designated in Section 36-19-3 in whose jurisdiction such fire has occurred. Such report shall be in the form prescribed by the Fire Marshal and shall contain a statement of all facts relating to the cause and origin of such fire that can be ascertained, the extent of damages thereof, the amount of insurance on such property, if any, and such other information as may be required.
(Acts 1919, No. 701, p. 1013, §5; Code 1923, §960; Code 1940, T. 55, §35.)
The Fire Marshal may, in addition to the provisions of Section 36-19-3, appoint any person or persons who may be known to him as being competent and skilled in making such inspections of buildings and their contents as deputy inspectors in this department. Such deputy inspectors shall have all the powers of other deputies and assistants to enter any building or premises to make inspection of such buildings and their contents and to report such inspections in writing to the office of the Fire Marshal where they find faulty or hazardous conditions. Such deputy inspector shall be duly commissioned and shall serve without compensation.
(Acts 1919, No. 701, p. 1013, §17; Code 1923, §983; Code 1940, T. 55, §56.)
The Fire Marshal shall keep on file in his office an itemized statement of all expenses incurred by his department. All vouchers issued therefor shall be submitted to the Comptroller for payment, which said vouchers shall be allowed and paid in the same manner as are other claims against the state.
(Acts 1919, No. 701, p. 1013, §6; Code 1923, §964; Acts 1939, No. 170, p. 294, §A; Code 1940, T. 55, §37.)
The Fire Marshal, subject to the approval of the Commissioner of Insurance, shall make regulations for fire prevention and protection of any construction or building, exits or other safety measures and the keeping, storing, use, manufacture, sale, handling, transportation or other disposition of rubbish and highly inflammable materials, gunpowder, dynamite, carbide, crude petroleum or any of its products, explosives or inflammable fluids or compounds, tablets, torpedoes or any explosive of like nature including all fireworks, and may prescribe the material and construction of receptacles and buildings to be used for any of said purposes.
(Acts 1919, No. 701, p. 1013, § 8; Code 1923, §966; Code 1940, T. 55, §38; Acts 1971, No. 1982, p. 3230, § 1.)
The Fire Marshal and his or her deputies and assistants shall require officials and teachers of public and private schools and educational institutions to have at least one emergency drill each month and to have all doors and exits at the schools and educational institutions open out and that all the doors and exits shall be unlocked during school hours and that the doors and exits of factories, asylums, hospitals, churches, halls, theatres, amphitheaters, and other places in which numbers of persons live, work, or congregate from time to time, for any purpose or purposes, shall open out. For the purposes of this section, an emergency drill shall include, but not be limited to, a fire drill, severe weather drill, or school lockdown drill as provided in Section 16-1-44.
(Acts 1919, No. 701, p. 1013, §13; Code 1923, §981; Code 1940, T. 55, §55; Act 2013-329, p. 1152, §1; Act 2019-533, §1.)
The Fire Marshal, his deputies or assistants, upon the complaint in writing of any citizen, or whenever he or they shall deem it necessary, shall inspect at all reasonable hours any and all buildings or premises within their jurisdiction. When any such officer shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition or from any other cause, is especially liable to fire and is situated so as to endanger life or property, and whenever any such officer shall find in any building combustible or explosive matter or inflammable conditions dangerous to the safety of such building, he or they shall order the same removed or remedied, and such order shall be immediately complied with by the owner or occupant of such premises or buildings.
(Acts 1919, No. 701, p. 1013, §8; Code 1923, §967; Code 1940, T. 55, §39.)
The owner or occupant of such building or premises may, within five days, appeal to the circuit court of the county in which the property is located, which shall within 10 days review such order and file a decision thereon; and, unless by the authority of said court the order is revoked or modified, it shall remain in full force and be complied with within the time fixed in said order or decision of the circuit court.
(Acts 1919, No. 701, p. 1013, §8; Code 1923, §968; Code 1940, T. 55, §40.)
Any owner or occupant who feels himself aggrieved by any such order or affirmed order may, within 10 days after the making or affirming of any such order by the circuit court, file his appeal with the Court of Civil Appeals, to review such order or judgment. Such parties as shall file an appeal in the Court of Civil Appeals to review such order shall file with said court a bond in an amount to be fixed by said court, with at least two sufficient sureties, to be approved by the court, conditioned to pay all the costs on such appeal in case such appellant fails to sustain the said appeal or same is dismissed for any cause.
(Acts 1919, No. 701, p. 1013, §8; Code 1923, §969; Code 1940, T. 55, §41.)
In case the order of the circuit court is sustained or the appeal dismissed for any cause, if any party or parties fail to comply with the order as modified on appeal by the circuit court or Court of Civil Appeals as provided in this article and within the time fixed by said courts, the said court may cause such building or premises to be repaired, torn down, demolished, materials removed and all dangerous conditions remedied, as the case may be, at the expense of such party or parties; and, if such party or parties within 30 days thereafter fail, neglect or refuse to repay such officer the expense thereby incurred by him, such officer shall certify said expense to the Fire Marshal, and the Fire Marshal shall immediately pay said expense out of the Fire Marshal Fund.
(Acts 1919, No. 701, p. 1013, §8; Code 1923, §970; Code 1940, T. 55, §42.)
The expense so paid by the Fire Marshal shall be a lien on the property, including the real estate on which the property is located. Such lien shall be superior and prior to all other liens on such property except the lien for taxes assessed and due the state, county and municipality wherein said property is located and vendor’s lien, and the Fire Marshal shall institute legal proceedings within 30 days after such payment to enforce said lien in any court of record, and the Fire Marshal may enjoin one or more parties occupying the same or different premises in the same action. In order to make the lien against said property valid and binding, the Fire Marshal, his deputies or assistants shall immediately upon serving the order provided in this article upon any party or parties file a copy of said order in the probate judge’s office of the county wherein said property is located and cause the same to be registered, and, for the registration of such order, the judge of probate of any county shall receive a fee of $.50 to be added to the cost and expense of executing said order, and such copy of such order shall be filed in the probate judge’s office of the county wherein said property is located before or at the time said order is served upon the owner or occupant of said premises, and such order, when so filed, shall be notice to all parties.
(Acts 1919, No. 701, p. 1013, §8; Code 1923, §971; Code 1940, T. 55, §43.)
The Fire Marshal or deputy fire marshal, when in the opinion of either of them it is necessary, may request the district attorney to aid in any investigations or examinations that may be made under the provisions of this article. Any officer who refuses to aid the Fire Marshal or deputy fire marshal in carrying out the provisions of this article shall be deemed guilty of willful neglect of duty and dealt with accordingly.
(Acts 1919, No. 701, p. 1013, §8; Code 1923, §972; Code 1940, T. 55, §44.)
The Fire Marshal or his deputies, when in their opinion it is necessary, may take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or have means of knowledge in relation to the matter as to which an investigation is being held and shall cause the same to be reduced to writing.
(Acts 1919, No. 701, p. 1013, §9; Code 1923, §973; Code 1940, T. 55, §45.)
If the Fire Marshal shall be of the opinion that there is evidence sufficient to charge any person with an offense, he shall cause such person to be arrested and charged with such an offense as the evidence may warrant and shall furnish to the district attorney of any court having jurisdiction of the offense all the information obtained by him, including a copy of all pertinent and material testimony taken, together with the names of the witnesses.
(Acts 1919, No. 701, p. 1013, §9; Code 1923, §974; Code 1940, T. 55, §46.)
The Fire Marshal or his deputies may, each, in any county of this state, summon and compel the attendance of witnesses before them or either of them to testify in relation to any matter which is, by the provisions of this article, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto by them or either of them. The said Fire Marshal or his deputies may each administer oaths and affirmations to any person or persons appearing as witnesses before them, and false swearing in any matter or proceedings aforesaid shall be deemed perjury and shall be punished as such.
(Acts 1919, No. 701, p. 1013, §9; Code 1923, §975; Code 1940, T. 55, §47.)
The Fire Marshal or deputy fire marshal may make formal complaint of the act of such witness to the judge of any court of record of the county in which the investigation is being held; and, if it shall then appear that the witness is guilty of a violation of Section 36-19-20, he shall, unless good cause is shown to the contrary, be imprisoned in the county jail until he purges himself of contempt.
(Acts 1919, No. 701, p. 1013, §9; Code 1923, §4052; Code 1940, T. 55, §49.)
Every person summoned and testifying before the Fire Marshal, his deputies or assistants shall receive from the funds for the maintenance of this department, on the certificate of the Fire Marshal for witness fees and mileage, such sum or sums as provided for witnesses testifying in the circuit courts of the state, and officers serving subpoenas and rendering other services to the Fire Marshal shall be paid in like manner for like services in such courts.
(Acts 1919, No. 701, p. 1013, §9; Code 1923, §977; Code 1940, T. 55, §51.)
All local assistants not receiving a salary from the State of Alabama shall receive monthly on the audit of the Fire Marshal $.50 for each report of each separate fire reported to the Fire Marshal under the provisions of this article; provided, that the loss by such fire shall exceed the amount of $25.00. In addition thereto there shall be paid to the chiefs of the fire departments or to the mayor in each incorporated municipality or place in which no paid fire department exists or to any other authorized citizen without the limits of an incorporated municipality or place, whose duty it shall have been to make and who has actually made an investigation of such fire and reported same to the fire marshal, the sum of $.15 per mile for each mile traveled to the place of the fire and, where an investigation has been made, a sum not to exceed $3.00 for each day’s service spent in making such investigation. Such fees shall be paid only after conclusive evidence is furnished that such service has been ordered by the Fire Marshal and has been performed in accordance with the provisions of this article, upon itemized vouchers and upon oath.
(Acts 1919, No. 701, p. 1013, §12; Code 1923, §980; Code 1940, T. 55, §54.)
Every fire insurance company transacting business in this state shall report to the Fire Marshal, through the secretary or other representative of the insurance company, all fire losses on all property insured in such company within the state, showing the owner and occupant of the premises burned, the date of the fire, the location, the cause of the fire, occupancy, the amount of insurance, the sound value of the property and the amount of loss paid. Such report shall be made monthly on or before the tenth day of each month. In case of fire of suspicious origin, an immediate preliminary report shall be made through a representative of the insurance company, stating the name of the owner and occupant of the premises burned, the date of the fire, the location and occupancy and such other facts and circumstances as known by them tending to establish the cause and origin of the fire. Such report shall be in addition to and not in lieu of any report that such company may be required to make by any law of the state to the Commissioner of Insurance or other state officer.
(Acts 1919, No. 701, p. 1013, §18; Code 1923, §984; Code 1940, T. 55, §57.)
The Fire Marshal shall keep in his office a record of all fires occurring in this state and all the facts concerning same, including statistics as to the extent of such fires, the damage caused thereby, whether such losses were covered by insurance and, if so, in what amount. Such records shall be made daily from the reports made to him by his assistants under the provisions of this article. All such records shall be public, except any testimony taken in an investigation under the provisions of this chapter, which the Fire Marshal, in his discretion, may withhold from the public.
(Acts 1919, No. 701, p. 1013, §10; Code 1923, §978; Code 1940, T. 55, §52.)
The Fire Marshal shall annually, on or before April 1, transmit to the Governor a full report of his proceedings under this chapter and such statistics as he may wish to include therein for the year previous. He shall also recommend any amendments to the law which in his judgment shall be deemed advisable. The report of said Fire Marshal shall include a full and complete report of all collections made and all expenditures and for what purpose the same were made and to whom paid.
(Acts 1919, No. 701, p. 1013, §11; Code 1923, §979; Code 1940, T. 55, §53.)
Any person or persons or corporation failing to comply with the provisions of this article as to the requirements of the Fire Marshal shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $50.00 for each violation thereof.
(Acts 1919, No. 701, p. 1013, §7; Code 1923, §4053; Code 1940, T. 55, §58.)
All penalties or forfeitures collected under this article, unless otherwise provided, shall be placed in the General Fund of the State.
(Acts 1919, No. 701, p. 1013, §15; Code 1923, §982; Acts 1939, No. 380, p. 505, §1; Code 1940, T. 55, §36; Act 2021-399, §1.)
(a) For the purposes of this section, a “recreational park trailer” is a transportable unit that has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, may not exceed 400 square feet when constructed to ANSI A-119.5 standards. The length of a recreational park trailer means the distance from the exterior of the front of the body nearest to the drawbar and coupling mechanism to the exterior of the rear of the body at the opposite end of the body including any protrusions.
(b) Any recreational park trailer manufactured for sale in this state shall be constructed in compliance with ANSI A-119.5 standards for park trailers. A recreational park trailer shall be deemed to be constructed in compliance with ANSI A-119.5 standards if the manufacturer submits to independent third-party plant inspections to assure compliance. A recreational park trailer manufactured by a manufacturer that is subject to independent third-party inspections and which is eligible to bear the seal of the Recreational Park Trailer Industry Association certifying that the manufacturer is in compliance with the ANSI A-119.5, shall be considered to meet the requirements of this section. Any other third-party plant inspection program shall be approved by the State Fire Marshal.
(c) A recreational park trailer that meets the requirements of this section is not a mobile home or otherwise subject to regulation by the Manufactured Housing Commission.
(Act 2012-552, p. 1630, §1; Act 2012-566, p. 1678, §1.)
(a) There is established in the State Treasury a special fund to be known as the State Fire Marshal’s Fund. All sums received by the State Fire Marshal’s Office through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature, including funds received pursuant to Article 8, Article 8A, Article 9, and Article 10 of Chapter 17 of Title 8, and pursuant to Chapter 33 and Chapter 33A of Title 34, shall be deposited in the State Fire Marshal’s Fund.
(b) The State Fire Marshal’s Fund shall be expended for the operation of the State Fire Marshal’s Office, including the administration and enforcement of Article 8, Article 8A, Article 9, and Article 10 of Chapter 17 of Title 8, and of Chapter 33 and Chapter 33A of Title 34, for training and research programs, and to support fire safety and prevention programs.
(c) No funds shall be withdrawn or expended from the State Fire Marshal’s Fund except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, or other appropriations act. Any unencumbered and unexpended balance of the fund remaining at the end of any fiscal year shall not lapse or revert to the General Fund but shall be carried forward to the next fiscal year.
(Act 2021-399, §2.)
(a) On a semiannual basis, the State Fire Marshal shall transfer from the State Fire Marshal’s Fund to the Alabama Firefighters Annuity and Benefit Fund established pursuant to Section 36-21-185, an amount equal to 5 percent of the fees collected by the State Fire Marshal during the previous six months pursuant to Sections 8-17-211 and 8-17-216.1, as currently provided or as those fees may be hereafter adjusted.
(b) The deposit of any funds in the State Fire Marshal’s Fund and the expenditure of any funds from the State Fire Marshal’s Fund prior to July 12, 2021, are ratified and confirmed.
(Act 2021-399, §§3,4.)
As used in this article, the word “insurer” shall have the same meaning ascribed to it as is in Section 27-13-20.
(Acts 1979, No. 79-706, p. 1257, §1.)
The State Fire Marshal or personnel from any other authorized law enforcement agency charged with the responsibility of investigating a fire loss, may request any insurer investigating a fire loss of real or personal property to release any factual information in its possession which is pertinent to this type of loss and has some relationship to the loss itself. Such insurer shall release the information and cooperate with any official authorized to request such information pursuant to this section. The information shall include, but is not limited to:
(1) Any insurance policy relevant to a fire loss under investigation and any application for such a policy;
(2) Policy premium payment records;
(3) History of previous claims made by the insured for fire loss; and
(4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence.
(Acts 1979, No. 79-706, p. 1257, §2.)
If an insurer has reason to believe that a fire loss to its insured’s real or personal property was caused by other than accidental means, the insurer shall notify the State Fire Marshal or other appropriate law enforcement agency charged with the responsibility to investigate fire losses and furnish such persons with all relative material acquired during its investigation of the fire loss, cooperate with and take such reasonable action as may be requested by any law enforcement agency, and cooperate with the court and administrative agencies of the state, and any official from said Fire Marshal’s office or any law enforcement agency charged with the responsibility to investigate the fire.
(Acts 1979, No. 79-706, p. 1257, §3.)
(a) In the absence of fraud or malice, no insurer, or person who furnishes information on its behalf, shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information required by this article.
(b) The officials and departmental and agency personnel receiving any information furnished pursuant to this article shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(c) Any official referred to in Section 36-19-41 may be required to testify as to any information in his possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire loss.
(d) No person shall purposely refuse to release any information requested, pursuant to Section 36-19-41, by a Fire Marshal, an assistant fire marshal, the chief or deputy of an arson squad or bureau, the chief of a fire department or a fire prevention officer.
(e) No person shall refuse to make the necessary notification of a fire loss pursuant to Section 36-19-42.
(f) No person shall refuse to supply to the proper authorities pertinent information required to be furnished pursuant to Section 36-19-42.
(g) No person shall fail to hold in confidence information required to be held in confidence by subsection (b) of this section.
(Acts 1979, No. 79-706, p. 1257, §4.)
Any person violating the provisions of subsections (d), (e), (f) and (g) of Section 36-19-43 shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $100.00 nor more than $500.00. It shall not be considered a violation of this article if an insurer in good faith, believes it has done everything required of it under this article.
(Acts 1979, No. 79-706, p. 1257, §5.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §854; Code 1867, §1080; Code 1876, §1325; Code 1886, §1102; Code 1896, §3021; Code 1907, §5162; Code 1923, §9328; Code 1940, T. 40, §1; Acts 1963, No. 150, p. 525, §1; Acts 1976, No. 694, p. 961, §1.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §855; Code 1867, §1081; Code 1876, §§1326, 1327; Code 1886, §1103; Code 1896, §3023; Code 1907, §5164; Code 1923, §9240; Code 1940, T. 40, §3.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §856; Code 1867, §1082; Code 1876, §1328; Code 1886, §1104; Code 1896, §3024; Code 1907, §5165; Code 1923, §9241; Code 1940, T. 40, §4; Acts 1987, No. 87-361, p. 523, §1.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §858; Code 1867, §1084; Code 1876, §1330; Code 1886, §1106; Code 1896, §3026; Code 1907, §5167; Code 1923, §9243; Code 1940, T. 40, §6.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §857; Code 1867, §1083; Code 1876, §1329; Code 1886, §1105; Code 1896, §3025; Code 1907, §5166; Code 1923, §9242; Code 1940, T. 40, §5.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §863; Code 1867, §1090; Code 1876, §5065; Code 1886, §1113; Code 1896, §3033; Code 1907, §5174; Code 1923, §9250; Code 1940, T. 40, §14.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §859; Code 1867, §1085; Code 1876, §1332; Code 1886, §1107; Code 1896, §3027; Code 1907, §5168; Code 1923, §9244; Code 1940, T. 40, §7.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §860; Code 1867, §1086; Code 1876, §1333; Code 1886, §1108; Code 1896, §3028; Code 1907, §5169; Code 1923, §9245; Code 1940, T. 40, §8.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §860; Code 1867, §1086; Code 1876, §1333; Code 1886, §3964; Code 1896, §5137; Code 1907, §7489; Code 1923, §5082; Code 1940, T. 40, §9.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Code 1852, §§861, 862; Code 1867, §§1087, 1088; Code 1876, §§1334, 1335; Code 1886, §1109; Code 1896, §3029; Code 1907, §5170; Code 1923, §9246; Code 1940, T. 40, §10.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Acts 1949, No. 586, p. 913, § 1.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Acts 1943, No. 431, p. 400, §1; Acts 1963, No. 151, p. 525, §1; Acts 1976, No. 694, p. 961, §2.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Acts 1943, No. 431, p. 400, §2; Acts 1987, No. 87-361, p. 523, §1.)
[Repealed]
Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
(Acts 1943, No. 431, p. 400, §3.)
For purposes of this article, the following terms shall have the following meanings:
(1) AUTHENTIC ACT. An instrument executed by a civil law notary referencing this article, which includes the particulars and capacities to act of transacting parties, a confirmation of the full text of any necessary instrument, the signatures or their legal equivalent thereof of any transacting parties, the signature and seal of a civil law notary, and such other information prescribed by the Secretary of State.
(2) BREVET. A private document in which the civil law notary attests to the authenticity of the signature or signatures, a fact or a contract. Brevets may be used, among other things, to certify signatures, prescribe oaths, certify a translation or a copy of a document that is not part of the civil law notaries protocol, or certify the identity of any object or thing.
(3) CIVIL LAW NOTARY. A person who is admitted to the practice of law in this state, who has practiced law in a United States jurisdiction for at least five years, and who is appointed by the Secretary of State as a civil law notary.
(4) MINUTE. An authentic act written by a civil law notary which contains the exact narration of a finding of fact or facts influencing the rights of private parties of which the civil law notary has personal knowledge and that due to the nature of the authentic act does not constitute a contract or juridical business. The types of minutes include, but may not be limited to, the following:
a. General Minutes. A minute providing a certification of general facts known to the civil law notary.
b. Minutes of Notoriety. A minute providing a certification that a fact is generally known by the people who have a direct or close relationship with the factual situation or its consequences, or who belong to the social or economic environment of the person affected by a particular fact.
c. Minutes of Correction. A minute for the purpose of rectifying minor errors in form or omissions made by the civil law notary in prior authentic acts.
d. Minutes of Addition. A minute for the purpose of including a document in the civil law notary’s protocol in order to provide for preservation of the document; limited memorialization of domestic private documents and/or execution of foreign legal documents.
(5) NOTARIAL DEED. An authentic act in which contains a contract, transaction, or other juridical act and which may also include the certification of facts. Notarial deeds may involve either a single party, as in the case of a will, or multiple parties, as with a contract.
(Act 99-449, p. 1041, §1; Act 2001-967, 3rd Sp. Sess., p. 861, §1.)
(a) The Secretary of State shall have the power to appoint civil law notaries and administer this article.
(b) A civil law notary is authorized to issue brevets, minutes, and notarial deeds and thereby may authenticate or certify any document, transaction, event, condition, or occurrence. A civil law notary may also administer oaths and make certificates thereof when necessary for execution of any writing or document to be attested, protested, or published under the seal of a notary public. A civil law notary may also take acknowledgments of deeds and other instruments of writing for record.
(c) The authentic acts, and oaths and acknowledgments of a civil law notary shall be chronologically recorded in the civil law notary’s protocol in a manner prescribed by the Secretary of State.
(d) The civil law notary may, without prejudice to his or her duty to ensure professional confidentiality, issue certified copies of authentic acts to individuals who, in his or her opinion, have a legitimate interest in the contents of an authentic act. Certified copies of authentic acts shall have the same legal force and effect as the original.
(e) A civil law notary is obligated to do the following:
(1) Draw up authentic acts in accordance with their knowledge and comprehension and such documents shall clearly reflect the wishes of the contracting parties duly adopted to legal requirements necessary for the documents to have full legal force and effect.
(2) Represent the transaction itself in the creation of the authentic act. For this purpose, the civil law notary acts as an intermediary where there are multiple parties to a transaction.
(3) Use his or her best efforts to advise all parties to the transaction equally, accurately, fully, and impartially regarding the nature and legal consequences of the transaction.
(4) Refrain from representing any party in any matter arising from or related to the civil law notary’s authentic act.
(Act 99-449, p. 1041, §2; Act 2001-967, 3rd Sp. Sess., p. 861, §1.)
The Secretary of State may adopt rules prescribing all of the following:
(1) The form and content of authentic acts, oaths, acknowledgments, and signatures and seals or their legal equivalents.
(2) Procedures for the permanent archiving of authentic acts, maintaining records of acknowledgments and oaths, and procedures for the administration of oaths and taking of acknowledgments.
(3) The charging of reasonable fees to be retained by the Secretary of State for the purpose of administering this article.
(4) Educational requirements and procedures for testing applicants’ knowledge of all matters relevant to the appointment, authority, duties, or legal or ethical responsibilities of a civil law notary.
(5) Procedures for the disciplining of civil law notaries, including, but not limited to, the suspension and revocation of appointments for failure to comply with the requirements of this article or the rules of the Secretary of State, or for misrepresentation or fraud regarding the civil law notary’s authority, the effect of the civil law notary’s authentic acts, or the identities or acts of the parties to a transaction.
(6) Bonding or errors and omissions insurance requirements, or both, for civil law notaries.
(7) Other matters necessary for administering this article.
(Act 99-449, p. 1041, §3; Act 2001-967, 3rd Sp. Sess., p. 861, §1.)
[Repealed]
Repealed by Act 2001-967, 2001 3rd Special Session, effective September 26, 2001.
(Act 99-449, § 4.)
(a) The powers of civil law notaries include, but are not limited to, all of the powers of a notary public under the laws of this state.
(b) This article shall not be construed as abrogating the provisions of any other act relating to notaries public, attorneys, or the practice of law in this state.
(Act 99-449, p. 1041, §5; Act 2001-967, 3rd Sp. Sess., p. 861, §1.)
If certification of a civil law notary’s authority is necessary for a particular document or transaction, it must be obtained from the Secretary of State. Upon receipt of a written request from a civil law notary and the fee prescribed by the Secretary of State, the Secretary of State shall issue a certification of the civil law notary’s authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a civil law notary in this state. The fee prescribed for the issuance of the certification under this section or an apostille shall not exceed twenty dollars ($20) per document. The Secretary of State may adopt rules to implement this section.
(Act 2001-967, 2001 3rd Sp. Sess., p. 861, §3.)
(a) A competent number of notaries public for the state at large shall be appointed and commissioned by the judges of probate of the several counties of the state and shall hold office for four years from the date of their commission. Notaries public shall perform all the acts and exercise all authority under the general laws of the State of Alabama. The jurisdiction of the notaries public shall not be limited to the counties of their residence and shall extend to any county of the state. The judges of probate shall collect a fee of twenty-five dollars ($25) for each notary commission issued. The judges of probate shall also report to the Secretary of State the name, county of residence, date of issuance, and date of expiration of the commission of each notary public appointed and commissioned under this subsection.
(b) All existing notaries public functioning on September 1, 2023, shall continue to function pursuant to their existing authority for the remainder of their existing commission.
(c) Each applicant for notary public commission shall pay a ten dollar ($10) application fee. A judge of probate may accept or deny any application for notary public commission, as developed by the Alabama Probate Judges Association and the Alabama Law Institute, and shall deny an application for notary public commission on any of the following grounds:
(1) The applicant is not a resident of this state.
(2) The applicant makes the application to a judge who is not the judge of probate of the county of the applicant’s residence.
(3) The applicant has been convicted of a felony or crime of moral turpitude.
(4) The applicant is currently a debtor in a bankruptcy proceeding.
(5) The applicant is under a current order adjudicating him or her incapacitated.
(6) The applicant provides false information on the application.
(7) The applicant is unable or unwilling to successfully complete the training program required in subsection (e) within 30 days after submitting his or her application. This time frame may be extended by the judge of probate upon good cause shown.
(d) A notary public is not an insurer but is under a duty to act honestly, skillfully, and with reasonable diligence. A notary public shall not perform an acknowledgment in any transaction where he or she has a pecuniary interest.
(e) Before being commissioned, an applicant for a notary public commission shall successfully complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute that reinforces and updates the applicant’s knowledge of all matters relevant to the appointment, authority, duties, and legal and ethical responsibilities of a notary public. An attorney who is commissioned as a notary public under this article is not required to complete the training requirement. A notary public who is commissioned as of September 1, 2023, shall be required to complete the training requirement upon submitting an application for the renewal of his or her expired commission.
(Act 2011-295, p. 544, §1; Act 2023-548, §1.)
(a) For purposes of this section, the term “professional service” means any service or occupation that may be lawfully performed only pursuant to a license issued by a state court, state regulatory licensing board, or other similar agency, and the term “professional” refers to an individual who holds the license.
(b) Notwithstanding Section 36-20-70:
(1) A professional who is commissioned as a notary public, in the normal course of providing a professional service in exchange for a fee, commission, or other payment, may perform any acknowledgment or other notarial act that is required in order to provide the professional service; and
(2) An individual who is employed by a professional and who is commissioned as a notary public may perform any acknowledgment or other notarial act that is required in the normal course of providing a professional service for which the employing professional receives a fee, commission, or other payment.
(Act 2024-314, §1.)
(a) Notaries public shall give bond with sureties, obtained from an Alabama licensed producer of such bonds, to be approved by the judge of probate of the county of their residence, in the sum of fifty thousand dollars ($50,000), payable to the State of Alabama, and conditioned to faithfully discharge the duties of the office so long as they may continue therein or discharge any of the duties thereof. The bond shall be executed, approved, filed, and recorded in the office of the judge of probate of the county of their residence, before they enter on the duties of the office.
(b) All existing notaries public functioning on September 1, 2023, shall continue to function pursuant to their existing bond for the remainder of their existing commission.
(Act 2011-295, p. 544, §1; Act 2023-548, §1.)
(a) For the authentication of his or her official acts, each notary public shall provide a seal of office, which shall present, by its impression or stamp, the name, office, and the state for which he or she was appointed.
(b) The form and content of any notarial act on an instrument to be recorded in the public records, including the court system, shall include an oath, acknowledgment, and signature of each party to the document, or his or her mark, and the signature of the notary public and his or her seal of office by either ink stamp or embossed impression.
(Act 2011-295, p. 544, §1; Act 2023-548, §1.)
AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
Notaries public may do all of the following:
(1) Administer oaths in all matters incident to the exercise of their office.
(2) Take the acknowledgment or proof of instruments of writing relating to commerce or navigation and certify the same and all other of their official acts under their seal of office.
(3) Demand acceptance and payment of bills of exchange, promissory notes, and all other writings which are governed by the commercial law as to days of grace, demand, and notice of nonpayment and protest the same for nonacceptance or nonpayment and to give notice thereof as required by law.
(4) Exercise such other powers, according to commercial usage or the laws of this state, as may belong to notaries public.
(Act 2011-295, p. 544, §1.)
AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Except as otherwise provided in this section, any signature acknowledged by a notary public shall be executed within this state and shall be executed in the physical presence of the notary public at the time of the acknowledgment, only after the notary public has positively identified the prospective signatory via personal knowledge of the prospective signatory or the examination of photo identification issued by a governmental entity or agency.
(b) For the purposes of this section, the following terms shall have the following meanings:
(1) ORIGINAL SIGNATURE. A signature signed directly onto a document in wet ink by an individual who is named on the document.
(2) SIGNATORY. The individual who is named on the document and is to sign the document.
(c) Unless otherwise provided by law, the powers and functions of a notary public require his or her original signature.
(d) For purposes of this article, and subject to subsections (e) to (g), inclusive, an individual may personally appear before an acknowledging notary by either of the following:
(1) Physically appearing before the notary as provided in subsection (a).
(2) Appearing through the use of two-way audio-video communication technology that allows a notary public and a remotely located signatory to communicate with each other simultaneously by sight and sound, provided that the notary public is physically located in this state and the two-way audio-video communication is recorded and maintained for a period of seven years by the notary public.
(e) If appearing through the use of two-way audio-video communication, the identity of the signatory shall be verified by the notary public using either of the following methods:
(1) The personal knowledge of the notary public of the identity of the signatory.
(2)a. The presentation of two valid forms of government issued identification, one of which shall include the face and signature of the signatory; and
b. A process by which the notary public verifies the identity of the signatory through a review of public or private data sources.
(f) The two-way audio-video communication recording shall contain all of the following:
(1) The date and time of the remote notarial act.
(2) A description of the documents to which the remote notarial act relates.
(3) An attestation by the notary public of being physically located in this state.
(4) A description of how the identification of the signatory was verified.
(5) A clear image of any government issued identification, if applicable.
(6) A clear image of the act of signing observed by the notary public.
(g) The official date and time of the notarization is the date and time the notary public witnessed the signature, including the date and time the signature was witnessed via two-way audio-video communication technology. All documents used during the two-way audio-video communication, shall be provided to the notary public for his or her authentication and original signature.
(h) Any action taken before July 1, 2021, allowing for the remote notarization of signatures under the Emergency Management Act of 1955, Article 1 of Chapter 9 of Title 31, is ratified and confirmed.
(i) Remote notarization may not be used to notarize an absentee ballot application or an absentee ballot affidavit, or for any purpose related to voting.
(Act 2021-319, §1; Act 2023-548, §1.)
A notary public commissioned pursuant to this article is permitted a reasonable fee, not to exceed ten dollars ($10), for each notarial act performed. No fee may be charged by a state, county, or municipal employee for a notarial act performed during, and as a part of, his or her public service, unless otherwise provided by law.
(Act 2011-295, p. 544, §1; Act 2023-548, §1.)
(a) The commissioning judge of probate, or his or her successor in office, may issue a warning to a notary public or restrict, suspend, or revoke a notarial commission for a violation of this article and on any ground for which an application for a commission may be denied under this article. A period of restriction, suspension, or revocation does not extend the expiration date of a commission.
(b) Except as otherwise permitted by law, an individual who commits any of the following acts is guilty of a Class C misdemeanor:
(1) Holding one’s self out to the public as a notary public without being commissioned.
(2) Performing a notarial act with an expired, suspended, or restricted commission.
(3) Performing a notarial act before taking an oath of office.
(4) Charging a fee for a notarial act in excess of the maximum fee allowed by this article.
(5) Taking an acknowledgment or administering an oath or affirmation without the principal appearing in person before the notary public or following the procedures for remote notarization set out in this article.
(6) Taking an acknowledgment or administering an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal.
(7) Taking a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness.
(c) A notary public is guilty of a Class D felony if he or she does any of the following with the intent to commit fraud or to intentionally assist in the commission of a fraudulent act:
(1) Takes an acknowledgment, or a verification or proof, or administers an oath or affirmation he or she knows or reasonably believes to be false.
(2) Takes an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary public, or without following the procedures for remote notarization set out in this article.
(3) Takes a verification or proof without the subscribing witness appearing in person before the notary public, or without following the procedures for remote notarization set out in this article.
(4) Performs notarial acts in this state with the knowledge that he or she is not properly commissioned under this chapter.
(d) For purposes of enforcing this chapter, all of the following are applicable:
(1) Any party to a transaction requiring a notarial certificate for verification, and any attorney licensed in this state who is involved in such a transaction in any capacity, may execute an affidavit and file it with either the Secretary of State or the judge of probate who issued the commission to the notary public, setting forth the actions which the affiant alleges are violations. Upon receipt of an affidavit, the Secretary of State or judge of probate shall forward the affidavit to the Alabama State Law Enforcement Agency. Upon receipt of the affidavit, the Alabama State Law Enforcement Agency shall initiate and carry out, on its own or in coordination with local law enforcement agencies, investigations of violations. Founded investigations shall be referred to the appropriate district attorney for prosecution.
(2) Resignation or expiration of a notarial commission does not terminate or preclude an investigation into the conduct of a notary public by the Secretary of State, a judge of probate, or a law enforcement agency who may pursue the investigation to a conclusion, whereupon it may be a matter of public record whether or not the finding would have been grounds for disciplinary action.
(3) The commissioning judge of probate may order injunctive relief against any individual who violates this chapter including, but not limited to, ordering the surrender and destruction of a notary commission and a notary seal.
(e) Any individual who knowingly solicits, coerces, or in any material way influences a notary public to commit official misconduct is guilty as an aider and abettor and is subject to the same level of punishment as the notary public.
(Act 2011-295, p. 544, §1; Act 2023-548, §1.)
AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
Any law enforcement officer of the State of Alabama who is sued or prosecuted for any act committed or done within the line and scope of his duties and authority will be reimbursed by the state for legal counsel fees paid, the fees of witnesses paid by him and costs of court he paid out in defending the civil action or prosecution; provided, that the total amount of such reimbursable expenses shall not exceed $2,000.00 and provided the committee established by this section approves such claim. The committee shall consist of two members of the House of Representatives named by the Speaker, two members of the Senate named by the President of the Senate and the Attorney General of Alabama. The members of the committee shall serve during their tenure in their respective offices without compensation. The acts of any three members shall constitute action by the committee. The committee shall elect a chairman from among its number and shall meet on the call of the chairman.
As used in this section the term “law enforcement officer” means any person employed in the classified civil service of the state whose duties involve police work.
(Acts 1967, No. 259, p. 739, § 1.)
(a)(1) Any law enforcement officer of the State of Alabama who is employed by the Alabama State Law Enforcement Agency, Department of Conservation and Natural Resources, Alabama Department of Forensic Sciences, Alabama Liquefied Petroleum Gas Board, the Alabama Peace Officers’ Standards and Training Commission, the Alabama Securities Commission, the State Port Authority and probation and parole officers of the Alabama Board of Pardons and Paroles, fire marshals of the Department of Insurance, any investigator employed by the Alabama Ethics Commission, any investigator employed by a district attorney on a full-time basis, any investigator employed by the Office of the Attorney General, the marshal or any deputy marshal of the state appellate court, correctional officers of the Department of Corrections, and any law enforcement officer assigned to the Investigations Division of the Department of Revenue or to the Department of Mental Health shall receive a subsistence allowance of twelve dollars ($12) for each working day of a pay period while engaged in the performance of the duties as a law enforcement officer. This allowance shall be in addition to all other compensation, expenses, and allowances provided those officers.
(2) Beginning on October 1, 2019, subsistence pay shall be paid to each law enforcement officer engaged in the performance of the duties as a law enforcement officer for a period of four or more hours within a consecutive 24-hour period of time.
(b) The subsistence allowance shall not be subject to any income or other taxes levied by the State of Alabama.
(c) The subsistence allowance to law enforcement officers at the Peace Officers’ Standards and Training Commission shall be paid from the Peace Officers’ Standards and Training Fund and the subsistence allowance paid to Securities Commission Officers shall be paid from the Securities Commission Fund.
(Acts 1973, No. 763, p. 1145, §1; Acts 1975, 4th Ex. Sess., No. 99, p. 2780, §1; Acts 1977, 1st Ex. Sess., No. 27, p. 1438; Acts 1984, No. 84-306, p. 679, §1; Acts 1985, No. 85-754, p. 1254, §1; Acts 1986, No. 86-433, p. 799, §1; Acts 1987, No. 87-344, p. 508, §1; Acts 1987, No. 87-814, p. 1625, §1; Acts 1994, No. 94-595, p. 1102, §1; Acts 1997, No. 97-720, p. 1491, §1; Act 98-363, p. 633, §1; Act 2001-476, p. 638, §§1, 2; Act 2006-613, p. 1681, §1; Act 2019-451, §1; Act 2021-266, §1.)
(a) Each law enforcement officer and all police communications officers employed by the State of Alabama, including law enforcement officers of the Department of Industrial Relations and the Department of Revenue, and including State Fire Marshals, shall be entitled to and receive in a lump sum the first pay period of December each year the sum of $300.00 per annum after said employee has total service for a period of five years and shall receive said payment until the tenth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $400.00 per annum until the fifteenth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $500.00 per annum until the twentieth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $600.00 as long as he remains in service.
(b) All policemen in cities having a population of not less than 60,000 nor more than 130,000, and in cities having not less than 9,400 nor more than 9,900 inhabitants, according to the most recent federal census, shall be considered law enforcement officers under the provisions of this section; provided, that such policemen shall be paid out of city funds.
(c) All deputy sheriffs in counties having a population of not less than 115,000 nor more than 150,000 inhabitants according to the most recent federal census shall be considered law enforcement officers under the provisions of this section; provided, that such deputy sheriffs shall be paid out of county funds.
(d) The payments provided for in this section shall be in addition to all salaries or wages prescribed by the merit classification system and shall be in addition to any per diem allowances or expense allowances that may be in force at the time of payment. Said sum shall not be used in computing retirement or other benefits.
(Acts 1975, 3rd Ex. Sess., No. 206, p. 474, § 1; Acts 1975, 4th Ex. Sess., No. 97, p. 2777, § 1.)
Each state law enforcement officer in the service of the state who is assigned to duty for more than 40 hours during the calendar week shall be paid time and one half for such excess hours worked or he shall be given time and one-half compensatory leave as herein provided, except as hereinafter limited. Such officers shall normally work a 40-hour work week.
Hours worked in excess of 40 hours in any calendar week shall be compensated at the rate of one and one-half times his regular rate of pay up to a maximum of eight hours per week; however, compensatory time at the rate of one and one-half times regular time may be paid for overtime worked. The decision of whether to accept overtime pay or compensatory time shall be at the sole option of the officer. For the time worked, when required by employee’s department, through September 30, 1977, hours worked in excess of 48 up to 54 hours, the officer shall be given straight compensatory time off. Time worked in excess of 54 hours per week shall be compensated at a rate of one and one-half times the regular pay or one and one-half times compensatory time at the discretion of the department. For the period October 1, 1977, and thereafter, all hours over 48 shall be one and one-half compensatory time or pay at the discretion of the department.
(Acts 1975, No. 1180, §1; Acts 1975, 4th Ex. Sess., No. 127, §1.)
(a) Any nonelected law enforcement officer in the service of a county who has worked a number of hours in excess of the established and recurring work period, shall be compensated according to the standards and guidelines established by the Fair Labor Standards Act (29 C.F.R. § 553.200, et seq.). The officer shall be compensated at a rate of not less than one and one-half hours for each hour of employment for which overtime is required. Nonelected law enforcement officers may receive, in lieu of overtime pay, compensatory time off at a rate of not less than one and one-half hours for each hour of employment for which overtime is required.
(b) Any law enforcement officer covered by this section who works overtime during any calendar month shall on the last day of the month file in writing a statement indicating the number of hours of overtime worked. The decision as to whether a nonelected law enforcement officer shall receive overtime pay or compensatory leave shall be at the option of the officer as prescribed in this subsection. In the event the law enforcement officer receives overtime pay, the pay shall be included with his or her compensation for the next succeeding pay period. If he or she receives compensatory leave, the leave shall be taken at any time during the calendar year in which it is earned, except during times of emergency.
(Acts 1981, No. 81-868, p. 1661, §§1, 2; Acts 1996, No. 96-664, p. 1092, §1.)
Any such law enforcement officer who works overtime during any calendar month shall on the last day of such month file in writing a statement as to his election to accept overtime pay or compensatory leave. In the event such law enforcement officer elects to receive overtime pay, such pay shall be included with his compensation for the next succeeding pay period. If he elects to receive compensatory leave, such leave may be taken at any time during the calendar year in which it is earned with the approval of his supervisor, except during times of emergency. The statement shall be certified by the law enforcement officer and approved by his supervisor specifying the length of time that said officer worked in excess of 40 hours in any one calendar week during the preceding month.
(Acts 1975, 4th Ex. Sess., No. 127, p. 2824, §2.)
A “state law enforcement officer” shall be defined as a full-time state employee who has the power of a peace officer and who is sworn to uphold the laws and Constitution of the State of Alabama and has the power of arrest and who complies with the Minimum Standards and Training Act.
(Acts 1975, 4th Ex. Sess., No. 127, p. 2824, §3.)
(a) When a law enforcement officer, certified corrections officer, fire protection personnel, or firefighter of the state or any political subdivision of the state is employed by a different agency of the state or political subdivision of the state within 36 months after completing the training requirements mandated by Article 3, commencing with Section 36-21-40, or by Chapter 32, commencing with Section 36-32-1, all of the following expenses shall be reimbursed to the agency of the state or political subdivision of the state which paid for the training:
(1) The total expense of the training, including, but not limited to, salary paid during training when the trainee was not providing services to the state agency or political subdivision of the state in consideration for the salary, transportation costs paid to the trainee for travel to and from the training facility, room, board, tuition, overtime paid to other employees who fill in for the trainee during his or her absence, and any other related training expenses.
(2) The cost of any customized personal protective ensemble or custom fitted uniform item purchased by the agency of the state or political subdivision of the state for use by the trainee, either during or after training.
(b) The agency of the state or political subdivision of the state which paid for the training, within 12 months of the former trainee’s first day of employment with the new employer, shall submit an itemized sworn statement to the new employer of the former trainee and demand payment thereof, and may enforce collection of the obligation through civil remedies and procedures.
(c) The term “law enforcement officer” shall have the same meaning as in Section 36-21-40 and the term “fire protection personnel and firefighter” shall have the same meaning as in Section 36-32-1.
(Acts 1980, No. 80-729, p. 1472, §1; Acts 1988, No. 88-315, p. 477, §1; Acts 1996, No. 96-626, p. 997, §1; Act 2002-424, p. 1090, §1; Act 2023-482, §1.)
Any person who, at the time of retirement, is in good standing and employed by the Department of Conservation and Natural Resources, the Alcoholic Beverage Control Board, the State Forestry Commission, the Alabama Criminal Justice Information Center, the Public Service Commission, campus police at a state institution, or any other state agency which requires its officers to be Peace Officers’ Standards and Training Commission certified as a law enforcement officer or investigator, or by the Department of Public Safety as a State Capitol Police Officer shall receive, as part of his or her retirement benefits, without cost, his or her badge and pistol.
(Acts 1981, No. 81-291, p. 373, §1; Acts 1991, No. 91-568, p. 1049, §1; Acts 1994, No. 94-713, p. 1386, §1; Acts 1996, No. 96-768, p. 1354, §1; Act 2002-519, p. 1346, §1; Act 2003-363, §1.)
(a) Any peace officer or law enforcement officer as defined by subsection (4) of Section 36-21-40, who is killed in the line of duty shall have provided to the deceased officer’s survivor, as determined by the deceased officer’s department head, the badge which was assigned to said officer at the time of his death. Such badge will be provided without cost to said survivor.
(b) Any peace officer or law enforcement officer as defined by subsection (4) of Section 36-21-40, who is deemed disabled and eligible for retirement as a result of any injury received in the line of duty shall be provided by the officer’s employer at no cost to such officer, a retirement badge such as is provided to regularly retired officers.
(Acts 1987, No. 87-657, p. 1164, §§1, 2.)
Any individual employed by the Alabama Department of Public Safety as a law enforcement officer for a period of ten years or more who left the department in good standing prior to December 31, 1970, with a rank of sergeant or higher, shall, upon reaching the age of 56 years, be entitled to all rights, benefits and privileges accorded to other retired state law enforcement officers and shall receive from the department, without cost to him, a retired badge, a retired commission card, and a pistol.
(Acts 1991, 1st Ex. Sess., No. 91-828, p. 230, §1.)
(a) This section shall apply only to Class 4 municipalities.
(b) Any Class 4 municipality may establish, by resolution, a procedure which provides that any person employed as a sworn police officer of the police department of the municipality for a period of 10 years or more who leaves the department in good standing may receive from the municipality, without cost to him or her, a retired badge or his or her service pistol, or both.
(Act 2001-414, p. 528, §§1, 2.)
(a) Any honorably retired law enforcement officer whose retirement was not based on any pending disciplinary or legal action shall be eligible to obtain without charge a card authorizing the retired officer to legally carry a handgun about or on his person. Such card shall be issued permanently by the sheriff of the county in which the retired law enforcement officer resides upon application by any eligible retired law enforcement officer.
(b) In the event the retiree having such a card of authorization is suspected of or is charged with any crime or his character becomes so degenerated that he becomes known as one who is of bad character, then said retiree’s authorization for the carrying of a handgun shall be revoked by the sheriff of the county in which the retired officer resides. The sheriff shall notify the retiree in writing and by registered mail that his authorization is revoked. The sheriff shall state the reasons for the revocation and order the retiree to turn his authorization card in to that sheriff within 30 days. Should the retiree refuse to return the card within the said 30-day limit and continue to carry the handgun, he will be guilty of carrying a weapon without a license or carrying a concealed weapon, whichever might be the case.
(Acts 1982, No. 82-495, p. 823, §§1, 2; Acts 1988, 1st Ex. Sess., No. 88-881, p. 427, § 1.)
(a) All law enforcement officers employed by any county of this state who are employed as a full-time law enforcement officer shall make at least $1,300.00 per month starting salary.
(b) The provisions of this section may be enforced in any court of competent jurisdiction in this state by an action brought by any citizen seeking a writ of mandamus, mandatory injunction, or other proper remedy, and the court trying the cause may order the suspension or forfeiture of the salary, expenses, or other compensation of the members of the governing body failing or refusing to comply with the provisions of this section.
(c) Members of the governing body or sheriff of any county are hereby expressly prohibited from requiring law enforcement officers affected by this section to work any more hours than they were normally working in order to circumvent the provisions of this section.
(d) If for any reason any part of this section or its application to any person, body, or situation is held invalid, the remainder of this section and its application to any other person, body, or situation shall not be affected.
(e) The term “law enforcement officer” means any person whose duties involve police work and who are designated law enforcement officers by the Alabama Peace Officers’ Minimum Standards Act.
(Acts 1984, No. 84-409, p. 958, §§ 1-5.)
Whereas the sworn, full-time, regular employed state, county and municipal police officers of this state are required by law and policy to enforce the penal laws of the State of Alabama; and fire fighters must expose themselves to the dangers of fire suppression and hazardous material incident control; and in so doing augment the dangers inherent in such duty; it is the sense of the Legislature of Alabama that if such police officers or fire fighters contract any disease deemed crippling or fatal, because of the lack of a known cure, such police officers or fire fighters shall be given preferential treatment towards admission to any research program at any state-owned or supported medical facility, hospital or learning center in the State of Alabama.
(Acts 1985, No. 85-542, p. 781, §1.)
Any person who is a state trooper, employed with the Department of Public Safety, may, regardless of age, exercise an option to retire upon completion of 25 years of service, to said department. Upon exercising this option, retirement benefits will be calculated using the present formula and methods for determining benefits to the retiree.
(Acts 1987, No. 87-639, p. 1143, §1.)
(a) For purposes of this section, a “state police officer” is a full-time law enforcement officer of any state agency, department, board, commission, or institution, including full-time correctional officers of the Department of Corrections, who is certified by the Alabama Peace Officers’ Standards and Training Commission and who has no limited authority within the state except as otherwise provided by law.
(b) When a state police officer being utilized by a state department or agency is injured while on duty for the department or agency and his or her injury or injuries were not the result of his or her willful conduct, and the injury resulted when the state police officer was in conflict, pursuit, or observation of a person or persons suspected or under suspicion of breaking the law, or has broken the law, or is in the process of breaking the law, or when the state police officer is defending persons or property in the line of duty, the state department or agency utilizing the services of the officer at the time of the injury shall compensate the officer throughout the entire period of recovery, as determined by the doctor or doctors treating the injury or injuries, at the normal rate of compensation in effect for the state police officer at the time of injury.
(c) The chief executive officer of any state department or agency which utilizes the services of a full-time state police officer shall provide for an injury review board in his or her agency or department. The board shall be composed of two employees of the department or agency who hold positions similar in rank to the injured party and one employee who holds a supervisory position ranked above the position of the injured party. The injury review board shall conduct an investigation to determine if the injured employee was injured due to his or her willful conduct and shall report its findings of fact about the circumstances of the injury within 15 days of the occurrence of the injury to the chief executive officer of the state department or agency. Based upon the findings of the board, the chief executive officer shall determine if willful conduct on the part of the injured party caused or contributed to the injury. If the chief executive officer determines that the injured party was not injured due to the party’s willful conduct, an order shall be entered placing the injured party on leave for injury sustained in the line of duty until a competent physician determines that the injured party is mentally and physically able to return to work. The order shall entitle the injured party to receive his or her regular salary from the date of the injury to the end of the leave period. The salary shall be paid from funds appropriated for personnel costs to the agency or department which utilized the injured party.
(d) The compensation requirements of this section shall not apply to the State Board of Medical Examiners.
(Act 2000-688, p. 1399, §1.)
(a) As used in this section, the following terms shall have the following meanings:
(1) CERTIFIED PEER SUPPORT MEMBER. An emergency responder or a person who is assigned to be a chaplain by an emergency service agency who is certified as a peer support member by the Alabama State Law Enforcement Agency or the Alabama Fire College to provide emotional and moral support to an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity.
(2) EMERGENCY RESPONDER. A law enforcement officer, firefighter, wildland firefighter, paramedic, emergency dispatcher, or emergency medical technician of an emergency service agency or entity.
(3) PEER SUPPORT EVENT. Any debriefing, defusing, or coaching session conducted by a certified peer support member that involves the emotional or moral support of an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity.
(b) In order to become a certified peer support member, all of the following must apply:
(1) The person must be an emergency responder or a chaplain of an emergency service agency.
(2) The person must complete training in critical stress management or peer support by a recognized training agency. Recognized training agencies include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the American Red Cross, and the Regional Counterdrug Training Academy.
(3) The person must be designated in writing by a sheriff, police chief, fire chief, or other head of a law enforcement agency, fire department, rescue agency, or a public safety agency to provide peer support services to an emergency responder or the spouse of an emergency responder. Only one certified peer support person may be assigned per any specific peer support event.
(4) Law enforcement officers, emergency dispatchers, or persons assigned to be a chaplain by an emergency service agency, must be certified by the Alabama State Law Enforcement Agency. Firefighters, wildland firefighters, paramedics, and emergency medical technicians of an emergency service agency or entity, or persons assigned to be a chaplain by an emergency service agency, must be certified by the Alabama Fire College.
(c) Any communication made by an emergency responder to a certified peer support member during a peer support event is privileged. The emergency responder may waive the privilege. The certified peer support member may not be compelled to testify or otherwise disclose the contents of any privileged communication under this section.
(d) A communication made by an emergency responder to a certified peer support member is not privileged if any of the following apply:
(1) The certified peer support member was an initial emergency service responder, a witness, or a party to the incident that prompted the communication to the certified peer support member.
(2) The communication reveals the intended commission of a crime or otherwise harmful act, and the disclosure of the communication is determined to be necessary by the certified peer support member to protect any person from a clear and imminent risk of mental or physical harm or to forestall a serious threat to public safety.
(3) The communication reveals that a crime was committed.
(4) A court determines the communications are not privileged under the exceptions provided in Rule 503(d), Alabama Rules of Evidence.
(Act 2018-416, §1; Act 2021-346, §1; Act 2021-366, §1.)
Whenever it shall be made to appear to the satisfaction of the Governor that there has occurred or there is reasonable cause to apprehend at any place within the state the outbreak of any riot, rout, tumult, insurrection, mob or combination to oppose the enforcement of the laws or to break the peace by force or violence which cannot be speedily suppressed or effectually prevented by the ordinary posse comitatus and peace officers or there shall be an assemblage of persons over 10 in number with intent to commit a felony or to offer violence to person or property or with intent to oppose or resist by force or violence the execution of the laws of the state or any lawful process of any court or officer thereof or the due execution of any legal ordinance or bylaw of any municipal corporation and that there is not present at the locality a sufficient force of peace officers to preserve the peace and to enforce the laws, the Governor may call to his aid and to the aid of the local peace authorities such number of police, patrolmen or police officers of any town or city as he may deem necessary and order them to the locality where needed to preserve the peace and arrest and prosecute according to law any person violating the laws of the state.
(Acts 1919, No. 170, p. 163, §1; Code 1923, §920; Code 1940, T. 55, §374.)
The municipal authorities of any municipality, when called upon to furnish such policemen and police officers, shall comply with the demands of the Governor in that behalf and shall send them under the instructions of the Governor to the locality where needed as specified in Section 36-21-20. All police officers and patrolmen, when called upon by the Governor or directed by the municipal authorities, shall obey the orders and directions of the Governor and of the municipal authorities and shall proceed to the place where their services are needed and required. Such police officers and patrolmen and any other persons the Governor may employ and authorize to act as peace officers in the particular emergency shall be deemed and treated as legal officers of the state and county where acting, shall be entitled to all the protections and privileges of legal officers and shall possess all the authority to make arrests and to do other things in the preservation of the peace and enforcing the laws as sheriffs may do under the existing laws of the state.
(Acts 1919, No. 170, p. 163, §1; Code 1923, §921; Code 1940, T. 55, §375.)
Such police, patrolmen and officers drawn into the service of the state at the call of the Governor shall be paid their reasonable expenses incurred in and about the service when approved by the Governor and as compensation such sums as they were at the time receiving from the municipality they were serving at the time of their call for service by the Governor.
(Acts 1919, No. 170, p. 163, §2; Code 1923, §922; Code 1940, T. 55, §376.)
If, in the opinion of the Governor, the police force that may be available and may be obtained under Section 36-21-20 is or will be inadequate to deal with the situation, to preserve the peace and to uphold the laws of the state, the Governor may, in his discretion, employ such additional men as he may deem necessary to be sent to the locality where needed to preserve the peace and uphold the law of the state and may contract with such persons for the payment to them during their service their reasonable expenses incurred in performing their duties and such compensation as may be agreed upon between them and the Governor.
All sums of money to be paid under the terms of this article shall be paid by the Comptroller’s warrant on the Treasury upon a bill sworn to, made out against the state and approved by the Governor.
(Acts 1919, No. 170, p. 163, §3; Code 1923, §923; Code 1940, T. 55, §377.)
All police officers and individuals drawn into the service of the state by the Governor under the authority of this article shall take orders from him or the Governor may, in his discretion, place them under the orders and direction of the sheriff of the county or of the mayor of the municipality, if the locality of their service shall be in an incorporated municipality.
(Acts 1919, No. 170, p. 163, §4; Code 1923, §924; Code 1940, T. 55, §378.)
As used in this article, the following words and phrases have the following meanings:
(1) FUND. The Alabama Peace Officers’ Standards and Training Fund provided for in Section 36-21-47.
(2) COMMISSION. The Alabama Peace Officers’ Standards and Training Commission established by Section 36-21-41.
(3) LAW ENFORCEMENT AGENCY. The Alabama State Law Enforcement Agency, the Alabama Department of Corrections, the Board of Pardons and Paroles, the police department of each incorporated city or town, the department of each sheriff of the state, including all deputy sheriffs, the Enforcement Division of the Department of Conservation and Natural Resources, and each public agency in the state charged with the enforcement of any laws and the officers or employees of which have power as such officials or employees to make arrests. The term does not include the National Guard or any military organization.
(4) LAW ENFORCEMENT OFFICER. A police officer, deputy sheriff, deputy constable, or other official who has the authority to make arrests. The term includes enforcement officers of the Alabama State Law Enforcement Agency, the Department of Corrections, and the Board of Pardons and Paroles.
(5) STATE. The State of Alabama.
(Acts 1971, No. 1981, p. 3224, §1; Acts 1973, No. 1115, p. 1877, §1; Act 2002-519, p. 1346, §1; Act 2025-308, §1.)
The Alabama Peace Officers’ Standards and Training Commission is hereby created. The commission shall consist of seven members, each of whom must be a qualified elector of the state who is over the age of 19 years. The state fraternal order of police shall designate one member of the commission to serve for a term of four years; the Alabama Peace Officers’ Association shall designate one member to serve for a term of four years; the Law Enforcement Planning Association shall designate one member to serve for a term of four years; and the Governor shall designate four members of the commission. The members appointed by the Governor shall each serve for terms of four years; provided, that the members first appointed by the Governor shall serve for terms of one, two, three and four years, respectively, as the Governor shall designate. The members may adopt bylaws to govern the organization of the commission, its meetings and activities; provided, that the bylaws shall not conflict with this article.
(Acts 1971, No. 1981, p. 3224, §2.)
The commission shall elect a chairman and a vice-chairman from among its members. The commission may employ an executive secretary and such clerical assistants as its functions and duties may require, subject to the provisions of the state Merit System Act.
(Acts 1971, No. 1981, p. 3224, §3.)
(a) The commission shall meet in regular session quarterly at a time and place in the State of Alabama to be designated in its bylaws. Special meetings may be called by the chairman, the vice-chairman or any three members by giving notice of the time, place and purposes of such special meeting at least five days before it is to be held to each member of the commission. Such notice may be waived by all members of the commission, either before or after a special meeting.
(b) The commission shall adopt an official seal, and the executive secretary shall be custodian of the seal and shall have authority to affix the seal to agreements and obligations of the commission and to certified copies of proceedings of the commission.
(Acts 1971, No. 1981, p. 3224, §4.)
Members of the commission shall receive no compensation but may be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their duties. Reimbursement for expenses shall not exceed the per diem and mileage allowance for travel for state employees as allowed by law.
(Acts 1971, No. 1981, p. 3224, §5; Acts 1995, No. 95-759, p. 1780, §1.)
The commission shall have the following functions and duties together with all powers necessary or convenient for the performance thereof:
(1) To study, obtain data, statistics, and information, and to make reports concerning the recruitment, selection, and training of law enforcement officers in the state and to make improvements in methods of recruitment, selection, and training of law enforcement officers.
(2) To review from time to time the standards described in Section 36-21-46 for applicants for and appointees as law enforcement officers.
(3) To consider, hold public hearings on, adopt and promulgate standards relating to the physical, mental, and moral fitness of any applicant for or appointee as a law enforcement officer as do not lower the standards in Section 36-21-46 or as otherwise permitted by Section 36-21-46.
(4) To study, consider, and make reports from time to time concerning the work and the curriculum and courses offered by law enforcement training schools in the state and to make recommendations for improving the schools, curriculum, and courses.
(5) To encourage the establishment of law enforcement training schools and courses on law enforcement in existing institutions of learning.
(6) To gather statistics and data relative to standards and training and make the same available to governmental entities upon request.
(7) To revoke its approval or certification of any person appointed or certified pursuant to this article for failure to meet the continuing training or education requirements set forth in the rules of the commission or for failure to meet the requirements of Section 36-21-46.
(8) To make investigation to determine whether the requirements of this article and the rules, regulations, and standards of the commission issued pursuant to this article are being observed and followed.
(9) To enforce this article and the rules, regulations, and standards issued by the commission with appropriate civil and criminal actions by the Attorney General, district attorneys, or other appropriate officials.
(10) To enter into cooperative agreements with federal, state, and local law enforcement agencies for effective training.
(11) To obtain the services and advice of experts in the field of law enforcement for the purpose of aiding the commission in its studies, consideration, reports, and recommendations, and in the adoption of standards, rules, and regulations.
(Acts 1971, No. 1981, p. 3224, §6; Acts 1995, No. 95-759, p. 1780, §1.)
(a) The standards provided in this subsection shall apply to applicants and appointees as law enforcement officers. No city, town, county, sheriff, constable, or other employer shall employ any applicant unless the person submits to the appointing authority an application for employment verified by affidavit of the applicant and showing compliance with the following qualifications:
(1) AGE. The applicant shall be not less than 19 years of age at the time of appointment.
(2) EDUCATION. The applicant shall be a graduate of a high school accredited with or approved by the State Department of Education or shall be the holder of a certificate of high school equivalency issued by general educational development.
(3) TRAINING. Prior to certification, the applicant shall complete the required course of training established by the commission. An applicant may be provisionally appointed for a period of six months. No individual may be employed for an additional period until that individual is certified by the commission.
(4) PHYSICAL QUALIFICATIONS. The applicant shall be certified by a licensed physician designated as satisfactory by the appointing authority as in good health and physically fit for the performance of the duties of a law enforcement officer.
(5) CHARACTER. The applicant shall be a person of good moral character and reputation. In making this determination, the commission shall consider convictions for misdemeanors and other factors set forth in its duly adopted and promulgated rules. No person who has been convicted of a felony shall be certified, employed, appointed, or approved by the commission as a law enforcement officer.
(b) The foregoing requirements shall not apply to any person who is presently employed as a law enforcement officer in the state and who continues to be so employed when he or she makes application for or is employed as a law enforcement officer in a different capacity or for a different employer.
(Acts 1971, No. 1981, p. 3224, §7; Acts 1971, 3rd Ex. Sess., No. 156, p. 4399, §1; Acts 1995, No. 95-759, p. 1780, §1.)
There is hereby established and created in the Treasury of the state the Alabama Peace Officers’ Standards and Training Fund. The commission may accept grants from the federal government and its departments and agencies as well as grants and appropriations by the state, any county, municipality or any individual, corporation or fund. All grants and appropriations to the state for work within the functions and duties of the commission and all grants and appropriations to the commission shall be paid into the fund.
(Acts 1971, No. 1981, p. 3224, §9.)
(a) The fees and costs shall be collected by the court official who collects other costs and fees. The moneys collected according to this section shall be remitted by the person or authority collecting the tax to the Peace Officers’ Standards and Training Fund as provided in Section 36-21-47. The money shall fund work within the functions and duties of the Peace Officers’ Standards and Training Commission’s basic law enforcement training program at the following certified training academies: The Law Enforcement Academy located in Tuscaloosa, Alabama; the Northeast Law Enforcement Academy located at Jacksonville State University in Jacksonville, Alabama; the Southwest Law Enforcement Academy at Faulkner State Junior College in Bay Minette, Alabama; the Alabama Criminal Justice Training Center in Selma, Alabama; and the Montgomery Law Enforcement Academy in Montgomery, Alabama.
The money shall be distributed to the academies listed in this section at the discretion of the Peace Officers’ Standards and Training Commission.
(b) The Alabama Peace Officers’ Standards and Training Commission may accept grants from the federal government, its departments and agencies as well as grants and appropriations by the state, any county or municipality, or any individual, corporation, or fund which is for the benefit of the training academies listed in subsection (a). All grants shall be paid into the Alabama Peace Officers’ Standards and Training Fund for the benefit of the academies. The moneys shall be distributed to the academies at the discretion of the Peace Officers’ Standards and Training Commission.
(c) The governing body of each incorporated city or town and the governing body of each county of the state may appropriate any funds not otherwise appropriated to or for the benefit of the training academies listed in subsection (a). All appropriations shall be paid into the Alabama Peace Officers’ Standards and Training Fund for the benefit of the academies. The moneys shall be distributed to the academies at the discretion of the commission.
(d) Each training academy may make agreements and arrangements for cooperation and mutual assistance in law enforcement work, with the Alabama Peace Officers’ Standards and Training Commission and with each other.
(Acts 1981, No. 81-864, p. 1655, §§2-5; Act 2000-700, p. 1423, §1.)
The governing body of each incorporated city or town and the governing body of each county of the state is hereby authorized to appropriate any funds not otherwise appropriated to or for the benefit of the commission and its work. All such appropriations shall be paid into the Peace Officers’ Standards and Training Fund.
(Acts 1971, No. 1981, p. 3224, §10.)
Each state, county, municipal, and public college or university law enforcement agency in this state may make agreements and arrangements for cooperation and mutual assistance in law enforcement work with the commission and with each other.
(Acts 1971, No. 1981, p. 3224, §11; Act 2024-216, §1.)
Any person who shall appoint any applicant who, to the knowledge of the appointor, fails to meet the qualifications as a law enforcement officer provided in Section 36-21-46 or the standards, rules and regulations issued by the commission under this article and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a law enforcement officer provided in Section 36-21-46 or any standard, rule or regulation issued pursuant to this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding $1,000.00.
(Acts 1971, No. 1981, p. 3224, §8.)
(a) Each chief of police of any municipality in this state shall annually complete 20 hours of executive level continuing education courses approved by the commission. Any other law enforcement officer in this state shall annually complete 12 hours of continuing education courses approved by the commission. Provided, however, in the case of a law enforcement officer employed by a county sheriff’s department, the training shall be required only if the county commission of the county in which the officer serves shall adopt a resolution requiring such continuing education.
(b) Any chief of police or law enforcement officer who fails or refuses to comply with this section shall be subject to having his or her certification or authority as a law enforcement officer revoked by the commission.
(c) The commission may, for sufficient cause, grant an extension of time in which to complete the courses.
(d) Any chief of police or law enforcement officer who is aggrieved by any order or ruling made under this section shall have the same rights and procedure of appeal as from any other order or ruling of the commission.
(Acts 1987, No. 87-733, p. 1426, §§1-4; Acts 1995, No. 95-731, p. 1564, §1.)
(a) This section shall be known and may be cited as the Cade Noah Act.
(b)(1) Beginning January 1, 2024, the commission shall require each law enforcement officer certified by the commission to complete one hour of training on interacting with individuals with sensory needs or invisible disabilities every other year. This training shall be in addition to the continuing education course requirement under Section 36-21-51.
(2) The commission shall collaborate with a nonprofit company that provides training on individuals with sensory needs or invisible disabilities to administer the training required by this subsection. The company shall provide the required training related to individuals with sensory needs or invisible disabilities without compensation. The training may be provided in person or online.
(c)(1) The commission shall review each law enforcement agency’s compliance with this section in the same manner that the commission reviews compliance with other continuing education requirements.
(2) The commission shall ensure that the company chosen to administer the training annually reviews and updates the training to include changes and trends relating to individuals with sensory needs or invisible disabilities.
(d) The commission may adopt rules for the implementation and administration of this section.
(Act 2023-354, §1.)
(a) The certification or authority of any law enforcement officer certified by the Alabama Peace Officers’ Standards and Training Commission or otherwise exempt from the minimum standards pursuant to subsection (b) of Section 36-21-46, shall be revoked by the commission when a law enforcement officer is convicted of a felony. If the conviction is reversed or a new trial granted, the certification or authority of the law enforcement officer shall be restored.
(b) Any law enforcement officer whose certification or authority is revoked pursuant to this section may request a hearing before the commission concerning the revocation. The only issue at the hearing shall be whether the revocation was based on a felony conviction of the officer.
(Acts 1995, No. 95-731, p. 1564, §2.)
For the purposes of this division, the following terms have the following meanings:
(1) DISCIPLINARY ACTION. Any formal corrective action resulting in a recommendation of reprimand, suspension, or termination based on a use of force complaint, as defined in this section, or investigation, and which is deemed final after the conclusion of any and all appeals or avenues of appellate review in the underlying disciplinary proceeding.
(2) LAW ENFORCEMENT AGENCY. A state department, sheriff, municipal police department, or any other agency or entity employing or appointing law enforcement officers located within the state.
(3) LAW ENFORCEMENT OFFICER. An officer employed or appointed by the state or a sheriff or municipality who is certified by the Alabama Peace Officers’ Standards and Training Commission and who has the power of arrest.
(4) REASSIGNMENT FOR CAUSE. The decision of a law enforcement agency to modify a law enforcement officer’s assignment, job responsibilities, title, or compensation, in response to a use of force complaint, as defined in this section, or investigation that causes a law enforcement agency to deem the reassignment of a law enforcement officer necessary.
(5) REPORTABLE OFFENSE. Any disciplinary action, reassignment for cause, reportable separation, or use of force complaint, as defined in this section, filed against a law enforcement officer.
(6) REPORTABLE SEPARATION. The separation of a law enforcement officer from a law enforcement agency, including a resignation pending investigation, a resignation agreed upon by the law enforcement officer and the law enforcement agency after the filing of a complaint, or a resignation during an open investigation involving the law enforcement officer.
(7) USE OF FORCE COMPLAINT. A signed written complaint, alleging the use of excessive force or excessive physical force by a law enforcement officer, that has been investigated and determined to be valid and deemed final after the conclusion of all appeals or avenues of appellate review in the underlying disciplinary proceeding.
(Act 2021-268, §1.)
(a)(1) By October 1, 2023, the Alabama Peace Officers’ Standards and Training Commission shall develop, implement, and maintain a centralized and electronic Law Enforcement Officer Employment Database. The database shall include, but shall not be limited to, all of the following reportable offenses:
a. Dates of hire, appointment, and reportable separation as defined in Section 36-21-55 of a law enforcement officer from any law enforcement agency through which the officer is or has been employed.
b. Information relating to disciplinary action as defined in Section 36-21-55 taken by a law enforcement agency against a law enforcement officer.
c. Use of force complaints as defined in Section 36-21-55 against a law enforcement officer.
d. Any instance of a law enforcement officer’s reassignment for cause as defined in Section 36-21-55.
e. Status of compliance with continuing education requirements.
(2) The database shall have a uniform document for law enforcement agencies to use in the electronic reporting and uploading of the information required in subdivision (1). The database shall also have the ability to upload explanatory or supporting documents submitted by law enforcement agencies.
(3) The commission shall ensure that the database is compatible with any federal database, implemented for purposes of law enforcement, by the Attorney General of the United States or other entity as directed by federal law or order.
(4) The commission may contract with a third party for the development of the database. The database shall be designed for access by all law enforcement agencies in the state.
(b)(1) Within 30 days after disciplinary action as defined in Section 36-21-55 against a law enforcement officer is final, or reassignment for cause as defined in Section 36-21-55, a law enforcement agency shall report information regarding the disciplinary action or reassignment to the commission electronically through the uniform document referenced in subdivision (a)(2) for entry into the database. This information shall include the name of the law enforcement officer; the date of the disciplinary action; the type of disciplinary action imposed; a description of the conduct upon which such disciplinary action is based; and the name of the person alleging the complaint. This information shall be reported even if the law enforcement officer separates from the investigating law enforcement agency prior to serving any recommended suspension.
(2) Within 30 days after any use of force complaint as defined in Section 36-21-55 against a law enforcement officer is adjudicated and the law enforcement agency’s decision regarding the complaint becomes final, a law enforcement agency shall report to the commission information relating to the use of force complaint electronically through the uniform document referenced in subdivision (a)(2) for entry into the database. The information should identify the complainant and the law enforcement officer; the date of the complaint; the substance of the complaint; and the outcome of any investigation and any internal appeal regarding the complaint. This information shall be reported even if the law enforcement officer separates from the investigating law enforcement agency prior to serving any recommended suspension.
(3) Within 15 days of the reportable separation as defined in Section 36-21-55 of a law enforcement officer from a law enforcement agency, the law enforcement agency shall report the separation through the uniform document referenced in subdivision (a)(2) for entry into the database.
(4) A law enforcement agency shall preserve and maintain any information that is required to be reported under this section for a period of 12 years.
(c) Information maintained in the database shall be confidential and may only be disclosed as provided in this division for official law enforcement purposes or pursuant to a court order. In no instance may the information be disclosed pursuant to public records’ requests under Section 36-12-40. A person who knowingly discloses information in the database without authorization or in violation of this section shall be guilty of a Class A misdemeanor.
(d) Any employee of the commission or a law enforcement agency shall be immune from any and all civil or criminal liability for the good faith transmittal to, entry in, or use of information in the database for the purposes set forth in this division.
(e) For the purpose of evaluation of candidates for employment or appointment as a law enforcement officer with a law enforcement agency, a law enforcement agency shall access the information contained in the database.
(f) The commission may adopt rules for the implementation and administration of this division.
(Act 2021-268, §2.)
(a) Any law enforcement agency that is a potential employer of a law enforcement officer shall request, through the database from the commission, either in writing or electronically, disclosure of the information maintained by the commission as required in subdivisions (b)(1) and (b)(2) of Section 36-21-55.1.
(b) In the event that the database does not include information with respect to the law enforcement officer, any law enforcement agency that previously employed or appointed the law enforcement officer, upon receiving a written request from an employing law enforcement agency in this state, shall disclose a full and fair description of the former law enforcement officer’s employment history with that agency to include the information in subdivisions (b)(1) and (b)(2) of Section 36-21-55.1, if available.
(c) Information disclosed pursuant to subsection (b) shall only be used for employment or appointment decisions, and the law enforcement agency receiving the disclosures shall maintain the confidentiality of the employment or appointment information.
(d) An individual acting on behalf of a law enforcement agency shall be immune from civil liability for disclosing information required by this section if that disclosure was made in good faith and in response to a proper written request made pursuant to this division.
(Act 2021-268, §3.)
(a) Prior to the employment or appointment of a law enforcement officer, a law enforcement agency shall do all of the following:
(1) Conduct a fingerprint-based state and national criminal background check that shall be completed by the Alabama State Law Enforcement Agency (ALEA) for purposes of determining suitability for employment or appointment.
(2) Review the current and prior law enforcement officer employment history confirmed through access of the information in the database as required by subsection (e) of Section 36-21-55.1.
(3) Review current and previous residential addresses of the law enforcement officer.
(4) Review reportable offenses, if any, against the law enforcement officer while appointed or employed with any other law enforcement agency confirmed through access of the information in the database as required by subdivision (a)(1) of Section 36-21-55.1.
(5) Review available social media accounts of the law enforcement officer.
(6) Review professional references provided by the law enforcement officer.
(7) Review disciplinary action as defined in Section 36-21-55 taken against the law enforcement officer while in secondary and postsecondary school confirmed by telephone or electronic or other means.
(8) Review a full report of the law enforcement officer’s credit history provided by the law enforcement officer.
(b) A law enforcement officer shall sign a written release authorizing a law enforcement agency to obtain the pre-employment check information listed in subsection (a).
(c) A law enforcement agency shall complete an investigation validating any additional information provided by the law enforcement officer.
(d)(1) Results of the criminal background check received by the hiring or appointing law enforcement agency shall be confidential and may not be deemed a public record, disclosed to any individual beyond those with authorized access, or disclosed under the Alabama Open Records Act.
(2) The employing or appointing law enforcement agencies shall comply with rules of Alabama State Law Enforcement Agency and the Federal Bureau of Investigation regarding the use of criminal records. Any person who releases or discloses records in violation of these rules or subdivision (1), upon conviction, shall be guilty of a Class A misdemeanor.
(Act 2021-268, §4.)
(a) The Alabama Peace Officers’ Standards and Training Commission shall randomly audit law enforcement agencies’ compliance with the reporting requirements under Section 36-21-55.1.
(b)(1) If the commission determines that a law enforcement agency is not in compliance with the requirements under Section 36-21-55.1, it shall notify the law enforcement agency by registered or certified mail of the results of its audit. The law enforcement agency shall have 30 days from receipt of notice to reach compliance with the requirements of Section 36-21-55.1. If a law enforcement agency does not reach compliance within 30 days from receipt of notice, the commission may assess a civil penalty against the agency in the amount of one thousand dollars ($1,000) for each violation and an additional one hundred dollars ($100) thereafter for each day the information is not reported to the commission for entry into the database pursuant to Section 36-21-55.1.
(2) If the commission determines that the law enforcement agency made a good-faith effort to report the information as required under Section 36-21-55.1, or that noncompliance was due to a technical error, the commission may waive the assessment of any civil penalty.
(3) Any civil penalties collected by the commission under this subsection shall be deposited into the Alabama Peace Officers’ Standards and Training Fund to be used by the commission for the implementation and enforcement of this division.
(c) The commission may adopt rules relating to the audit and assessment, collection, or waiver of civil penalties as provided in this section.
(d) Nothing in this division shall be construed as reducing the standards and requirements established by the commission.
(Act 2021-268, §5.)
(a) Each state, county, and municipal law enforcement agency shall collect all of the following information with respect to each use of force complaint received by the agency:
(1) A description of the type of use of force alleged.
(2) A description of the race or ethnicity of any law enforcement officer alleged to have used excessive force and of any individual alleged to have been subjected to excessive force.
(b) The information shall be reported no less than annually to the Alabama Peace Officers’ Standards and Training Commission according to procedures established by the commission. The commission shall de-identify the information and compile the information into a report for presentation to the Legislature not later than the first legislative day of each legislative session. At the commission’s discretion, the report may consist of aggregated information.
(Act 2025-423, §4.)
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ALABAMA SHERIFF’S ASSOCIATION. The Alabama Sheriff’s Association, as now or hereafter constituted.
(2) ASSOCIATION. The Alabama Peace Officers’ Association, as now or hereafter constituted.
(3) ASSOCIATION OF CHIEFS OF POLICE. The Alabama Association of Chiefs of Police, as now or hereafter constituted.
(4) BOARD. The board of commissioners of the fund and any successors thereto.
(5) EXECUTIVE DIRECTOR. The executive director of the board.
(6) FUND. The Alabama Peace Officers’ Annuity and Benefit Fund created in Section 36-21-66.
(7) MEMBER. Any peace officer who is a member of the fund and who is in good standing by virtue of having paid all sums required by this article to be paid by him.
(8) MEMBERSHIP SERVICE. The period of employment of a member as a peace officer from the date he or she becomes a member.
(9) MONTH. A period of 30 days.
(10) ORDER. The Fraternal Order of Police.
(11) PEACE OFFICER. A person duly sworn as a peace officer of the State of Alabama possessing powers of arrest and employed by the state, any political subdivision thereof, or any municipal corporation therein who is required by the terms of employment, whether the employment exists by virtue of election or appointment, to give full time to the preservation of public order and the protection of life or property or the detection of crime in the state. The term shall include enforcement officers for conservation laws, full-time coroners, and any pardon, parole, or probation officer, but shall not include any district attorney, assistant district attorney, assistant attorney general, commissioner, deputy commissioner, or any municipal inspector, county inspector, or state inspector.
(12) PRIOR SERVICE. The period of employment of a member as a peace officer from the time of initial employment as a peace officer to September 12, 1969.
(13) QUALIFIED SERVICE. The prior service plus membership service of a member.
(14) STATE. The State of Alabama.
(15) STATE POLICE ASSOCIATION. The Alabama State Police Association, as now or hereafter constituted.
(16) STATE TROOPER ASSOCIATION. The Alabama State Trooper Association, Inc., as now or hereafter constituted.
(17) YEAR. A period of 365 days. The last year of employment as a peace officer when over six months of membership service shall constitute a year toward service retirement.
(Acts 1969, No. 999, p. 1855, §1; Acts 1971, No. 1210, p. 2104, §1; Acts 1971, No. 2327, p. 3754, §1; Acts 1975, No. 199, p. 688, §1; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1982, No. 82-274, p. 343, §1; Acts 1991, No. 91-569, p. 1050, §1; Acts 1993, No. 93-623, p. 1044, §1.)
There is created a board to be known as the Board of Commissioners of the Alabama Peace Officers’ Annuity and Benefit Fund. The board shall consist of seven persons, one appointed by the Governor of the state for a period of six years, one elected by the members of the association to serve for a period of four years, one elected by the members of the order to serve for a period of four years, one elected by the members of the State Trooper Association, Inc., to serve for a period of four years, one designated by the Association of Chiefs of Police, one elected by the State Police Association to serve for a period of four years, and one elected by the Alabama Sheriff’s Association, to serve for a period of four years. The first person elected by the association shall serve for a period of two years. Thereafter, each member of the board elected by the association shall serve for a period of four years. Any member of the board shall be eligible to succeed himself or herself. The term of each person appointed or elected to the board shall begin on the date of appointment or election, and any person so appointed or elected whose successor shall not have been appointed or elected shall continue to serve until the appointment or election of a successor. Any member of the board elected by the association or the order who shall cease to be a member of the association or order, as the case may be, during his or her incumbency shall be replaced as a member of the board by a member of the association or order, as the case may be, who shall be appointed by its executive committee for the then unexpired term.
(Acts 1969, No. 999, p. 1855, §2; Acts 1971, No. 1210, p. 2104, §2; Acts 1991, No. 91-569, p. 1050, §1; Acts 1993, No. 93-623, p. 1044, §1.)
All board members shall be paid $30.00 per day and mileage for attendance of board meetings. Mileage and per diem shall be the same as allowed state employees when the board member is traveling on fund business.
(Acts 1969, No. 999, p. 1855, §3; Acts 1971, No. 1210, p. 2104, §3; Acts 1975, 2nd Ex. Sess., No. 62, §1.)
A majority of the members of the board shall constitute a quorum sufficient for the transaction of any business, and no business shall be transacted by the board and no action taken unless a quorum is present. The members of the board shall elect a chairman of the board and select an executive director, who shall be the chief executive officer of the board. The chairman of the board shall be a member of the board, but the executive director need not be a member. The executive director shall serve at the pleasure of the board, which may employ other agents and employees as the board may deem necessary. Any employees of the board shall be subject to the Alabama Merit System Act. The executive director shall be compensated for services in an amount to be fixed by the board. The executive director shall have the powers and authority as shall be delegated by the board and shall perform the services as the board may direct. Any member of the board and any employee thereof who handles funds of the board shall be bonded by a surety company qualified to do business in the state in amounts sufficient to protect the board against any loss which may be incurred with respect to the funds handled.
(Acts 1969, No. 999, p. 1855, §4; Acts 1971, No. 1210, p. 2104, §4; Acts 1991, No. 91-569, p. 1050, §1; Acts 1993, No. 93-623, p. 1044, §1.)
The board shall have the following powers in carrying out its responsibilities under this article:
(1) To collect all moneys provided in this article to be collected by it;
(2) To provide for and maintain all necessary administrative facilities and personnel;
(3) To provide for payment of all administrative salaries, fees and expenses;
(4) To cause its moneys to be invested and its investments sold or exchanged and the proceeds and income collected;
(5) To determine who is a peace officer;
(6) To pass upon all applications for annuities and benefits provided for in this article;
(7) To adopt such rules and regulations as may be necessary or desirable to expedite the administration of the affairs of the board and as shall not be inconsistent with the laws of the state;
(8) To provide descriptive literature respecting the fund;
(9) To pay all benefits and annuities that may be determined to be due under this article and under the rules and regulations of the board;
(10) To make refunds and repayments to which members may be entitled under this article;
(11) To employ such agents, attorneys, actuaries and other specialized personnel as shall be necessary or desirable to enable the board to carry on its functions in a proper and actuarily sound manner;
(12) To receive by gift, grant, devise or bequest any moneys or properties of any nature or description;
(13) To carry out any powers expressly granted elsewhere in this article to the board; and
(14) All other powers necessary for the proper administration of the provisions of this article.
(Acts 1969, No. 999, p. 1855, §6; Acts 1971, No. 1210, p. 2104, §6.)
It shall be the duty of the board to keep permanent records of its membership, receipts, disbursements, investments and all of its other affairs under this article. Such records of the members shall show with respect to each member his name, age, date of beginning of prior service, date of beginning of membership service, the amount of all payments made by him to the fund, the date of any incapacity and the nature thereof and reason therefor, the amount of all annuities or benefits, if any, paid to him under this article and such other information with respect to each member as shall be deemed necessary by the board for the proper determination of eligibility for annuities and benefits under this article and the amount of potential liability of the fund for the same. All records, papers, documents and other data of the board shall be carefully preserved in a safe, secure and permanent manner.
(Acts 1969, No. 999, p. 1855, §7; Acts 1971, No. 1210, p. 2104, §7.)
A special fund is established and placed under the management of the board for the purpose of providing retirement allowances and other benefits under this article for members of the fund. The fund shall be known as the Alabama Peace Officers’ Annuity and Benefit Fund, by and in which name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purposes for which received. All amounts received by the board pursuant to this article shall be paid into the fund. The board shall have such control of the fund as shall not be inconsistent with this article and with the laws of the state. All moneys of the board shall either be deposited into the State Treasury or in a special trust account or accounts in any bank or banks in the state, each of which shall have a combined capital and surplus of not less than two million dollars ($2,000,000) and may be withdrawn therefrom by vouchers or checks signed by the executive director pursuant to authorization given by the board. All investments of moneys in the fund shall be either deposited with the State Treasurer for safekeeping upon receipt of the State Treasurer therefor or deposited with any bank in a custodial account. The board may expend moneys in the fund in accordance with this article and invest any moneys received pending other needs therefor in any investments in those classes of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds, or other investments as the board, or its agents as the agents are authorized to act on behalf of the board, may, from time to time, approve with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with investment matters would use in the conduct of an enterprise of a similar character and with similar aims and objectives. The board may enter into contracts with registered investment advisors pursuant to which custody of the assets of the fund are delivered to the advisor which shall invest and reinvest the assets for the benefit of the fund in investments permitted under this section. The selection of the investment shall be totally in the discretion of the registered investment advisor subject only to guidelines established by the board. For purposes of this section, a registered investment advisor is a person or entity registered as an investment advisor under subsection (b) of Section 8-6-3. No member of the board shall have any interest in any investment or receive any commission with respect thereto.
(Acts 1969, No. 999, p. 1855, §5; Acts 1971, No. 1210, p. 2104, §5; Acts 1994, No. 94-702, p. 1356, §1.)
In all criminal and quasi-criminal proceedings for the violation of laws of the state or municipal ordinances including violations of the state conservation laws or regulations which are tried in any court or tribunal in this state, wherein the defendant is adjudged guilty or pleads guilty or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case or wherein any penalty is imposed, there is hereby imposed an additional cost of court in the amount of $1.00 for each traffic infraction, $5.00 in each such proceeding where the offense constitutes a misdemeanor and/or a violation of a municipal ordinance other than traffic infractions and $10.00 in each such proceeding where the offense constitutes a felony; provided, however, that there shall be no additional costs imposed for violations relating to parking of vehicles.
The amount of all such costs shall be remitted by the person or authority collecting the same to the Executive Director of the Alabama Peace Officers’ Annuity and Benefit Fund on the tenth day of each month next succeeding that in which the cost is paid. It shall be the duty of the clerk or other authority collecting the said court costs to keep accurate records of the amounts due to the board for the benefit of the fund under this section.
(Acts 1969, No. 999, p. 1855, §9; Acts 1971, No. 1210, p. 2104, §9; Acts 1971, No. 2101, p. 3371, §1; Acts 1980, No. 80-634, p. 1198, §5.)
Nothing in this article shall be construed as requiring that any member of the fund become a member of the association or the order, or that any member of the association or the order become a member of the fund.
Each peace officer who becomes a member shall pay to the fund a regular fee in an amount of up to forty dollars ($40) to be determined by the Board of Commissioners based upon the recommendation of the actuary, to be paid on or before the tenth calendar day of each month so long as he or she is a member or until he or she becomes entitled to benefits hereunder. A member who has 30 years of qualified service in the fund and having met all other requirements of the law and thereby having earned maximum benefits provided will no longer be required to make monthly contributions for his or her membership and will retain all of the rights and privileges as provided any other member.
All applicants for membership must join the fund with the initial fee as determined by the board based on the recommendation of the actuary and a monthly fee set by the board in the same manner as long as they maintain their membership, with no regard given for law enforcement service prior to the date of application.
If any member shall not pay the monthly fee for 60 days after its due date, the board shall give him or her notice of termination of his or her membership in the fund and of his or her right to a refund and unless he or she makes application for a refund pursuant to Section 36-21-74 within 60 days after the mailing of the notice, all amounts heretofore paid by him or her to the fund shall be returned to him or her in accordance with Section 36-21-74. Any member so terminated who later applies for membership in the fund shall lose credit for all of his or her qualified service up to the time of such termination and, upon approval of his or her new application, will become a new member in the fund.
Acts 1969, No. 999, p. 1855, §8; Acts 1971, No. 1210, p. 2104, §8; Acts 1975, No. 199, p. 688, §1; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1978, No. 673, p. 971, §1; Acts 1982, No. 82-274, p. 343, §2; Acts 1988, No. 88-649, p. 1034, §1; Act 2001-1100, 4th Sp. Sess., p. 1160, §1; Act 2015-42, §1.)
Any peace officer who becomes a member of the fund and who left his work as a peace officer and entered directly into the armed forces of the United States and who returned to work as a peace officer within six months after he ceased to serve in the armed forces shall receive prior service credit for such service in the armed forces, not to exceed five years.
Any member who, in the determination of the board, is a member in good standing of the fund and who is drafted directly into any branch of the armed forces of the United States from his work as a peace officer and does not withdraw his fees shall not be required to pay any fees to the fund during his period of service in the armed forces and shall receive membership service credit for such service in the armed forces, not to exceed five years; provided, that he shall return to work as a peace officer within six months after he ceased to serve in the armed forces.
(Acts 1969, No. 999, p. 1855, §15; Acts 1971, No. 1210, p. 2104, §15.)
Any member shall, at any time after reaching the age of 52 and completion of at least 15 years’ qualified service or the completion of 25 years of qualified service, regardless of age, be entitled to an annuity benefit.
The amount of the monthly benefit shall be determined by the board of commissioners in an amount recommended by the actuary for the fund. The benefit shall begin upon approval by the board on the date of the member’s application for the benefits on forms provided by the board, but in no event shall the benefit begin prior to his or her termination of service as a peace officer. The benefits shall be paid for the life of the member, except as otherwise provided in this section.
There shall accompany any application made pursuant to this section evidence satisfactory to the board of the date of birth of the member. If any member receiving retirement benefits reenters employment as a peace officer, as defined in Section 36-21-60, then the payment of retirement benefits shall be terminated as long as he or she is so employed. Upon termination of his or her reemployment as a peace officer, the benefits will resume if during the period of reemployment he or she has made all required monthly payments to the fund. Any employment as a peace officer after the initial retirement and during which the payments are made to the fund shall be included in the computation of membership service for the purpose of determining further rights and benefits under this section.
Notwithstanding any other provisions of this article to the contrary, an active and contributing member of the fund may purchase service credit in the fund for prior service rendered as a full-time peace officer within this state which would have qualified at the time for membership in the fund. The prior service credit may be claimed at any time prior to the date of termination of his or her active service as a full-time peace officer by making a lump-sum payment in the amount of the full actuarially determined cost for each year of prior service credit purchased as determined by the actuary for the fund.
(Acts 1969, No. 999, p. 1855, §10; Acts 1971, No. 1210, p. 2104, §10; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1978, No. 673, p. 971, §1; Acts 1992, No. 92-438, p. 868, §1; Acts 1993, No. 93-545, p. 898, §1; Act 2001-1100, 4th Sp. Sess., p. 1160, §1.)
Any member who becomes totally or permanently disabled as a result of a heart attack or any injury received in the line of duty as a peace officer not as a result of his misconduct and who makes proper application to the board on a form to be supplied by the board and submits evidence satisfactory to the board of such total or permanent disability and the circumstances giving rise to its occurrence shall be entitled to be paid benefits. The board shall have the right to require that any applicant for benefits under this section be examined by one or more physicians on behalf of the board and at its expense. Failure of any such applicant to subject himself to such examination shall be sufficient grounds for the board to deny payment of benefits under this section. Any benefit paid under this section shall be paid for a period of not longer than 24 calendar months as follows:
(1) Seventy-two dollars per calendar month if his qualified service is not more than 35 months;
(2) One hundred eight dollars per calendar month if his qualified service is at least 36 months and not more than 47 months;
(3) One hundred forty-four dollars per calendar month if his qualified service is at least 48 months and not more than 59 months; and
(4) One hundred eighty dollars per calendar month if his qualified service is 60 months or more.
Any member disabled as defined in this section for a period of more than 24 calendar months shall be eligible for retirement benefits under this article if he meets the requirements of Section 36-21-70.
The account of any member not meeting the requirements of Section 36-21-70, who does not return to work after having drawn disability benefits for 24 consecutive months shall be placed in an inactive status, not to exceed 36 months, with no further benefits or privileges. If said member returns to law enforcement as a full-time sworn peace officer with the powers of arrest within the 36 months, and pays the dues required, he will have restored all creditable service prior to date of disability. If said member does not return to law enforcement within the 36 months, his account will be closed with no further rights or benefits.
Any member whose account is so closed who later applies for membership in the fund shall lose credit for all of his qualified service up to the time his account is closed and, upon approval of his new application, will become a new member in the fund.
(Acts 1969, No. 999, p. 1855, §11; Acts 1971, No. 1210, p. 2104, §11; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1988, No. 88-649, p. 1034, §1.)
Each member shall be issued a certificate by the board in which the board shall agree to pay to a beneficiary to be designated by such member, upon his death while an active member, and to be conditioned upon the satisfaction of all obligations of the member to the fund, a lump sum amount of $2,500.00.
If any member is killed in the line of duty, there shall be paid to his beneficiary or estate all membership fees paid by such member into the fund. Such repayment of membership fees shall be in addition to the death benefit hereinabove provided. The board shall pay to the beneficiary of a member, upon his death while an active member, a refund pursuant to Section 36-21-74.
(Acts 1969, No. 999, p. 1855, §12; Acts 1971, No. 1210, p. 2104, §12; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1977, 1st Ex. Sess., No. 37, p. 1448, §1.)
The board shall have appointed and employed an actuary to make an actuarial valuation every three years or earlier, if deemed required, of the receipts and income accruing to the fund based on age, expected mortality, disability, and retirement status of the members and the qualified service and membership service of members and to determine what percentage of the proposed payments, annuities, and benefits set forth in this article may be paid if the fund is to be kept on an actuarily sound basis and in an actuarily solvent condition. Upon receipt of the report of the actuary, the executive director shall present it to a meeting of the board which shall have the power and shall be required to make adjustments of annuities and benefits, up or down, as are recommended by the actuary. Any increase or reduction in benefits resulting from any actuarial study or from any subsequent amendment of this article shall be applicable to all persons then receiving such benefits, even though such persons had theretofore received benefits at a different rate.
In no event shall the board, the fund, the association, the order, or any member, officer, director, or employee of any thereof or the state or any subdivision thereof or any municipality therein be liable to any member or any beneficiary or any representative of any member or any beneficiary of the fund for any deficiency in payments made pursuant to this article and pursuant to any adjustments of annuities and benefits, up or down, as are recommended by the actuary.
(Acts 1969, No. 999, p. 1855, §13; Acts 1971, No. 1210, p. 2104, §13; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Act 2001-1100, 4th Sp. Sess., p. 1160, §1; ; Act 2015-42, §1.)
Any member shall be entitled at any time to withdraw from the fund and, upon application for such withdrawal on forms to be supplied by the board and approved by it, shall be entitled to receive 90 percent of all amounts heretofore paid to the fund by such member. Any member who withdraws and receives such refund shall not thereafter have any rights with respect to the fund and may not thereafter be entitled to become a member except as a new member. Any member who ceases to be a peace officer may elect not to receive any such refund for a period of not more than 36 months. If within the said 36 months’ period the said person shall again become a peace officer, he may be reinstated as a member without loss of his accumulated qualified service. If a member does not return to service at the end of the 36 months’ period, then his account shall be terminated and his fees shall be returned to him, thereby cancelling all his qualified service.
(Acts 1969, No. 999, p. 1855, §14; Acts 1971, No. 1210, p. 2104, §14; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1988, No. 88-649, p. 1034, §1.)
(a) The executive director shall make semiannual reports to the board showing the total amount of money on hand at the time of such report, all investments then held by the board and itemizing by classifications all receipts and disbursements since the last such semiannual report.
(b) The Chief Examiner of Public Accounts of the state is hereby authorized and directed to make an annual audit of the acts and affairs of the board for each fiscal year of the board and to make a complete report of the same to the Legislature of Alabama. The said audit shall cover all moneys received by the board and all expenditures made by the board during the period covered by the audit.
(Acts 1969, No. 999, p. 1855, §17; Acts 1971, No. 1210, p. 2104, §16.)
All rights, annuities and benefits provided herein shall be subject to future change by the Legislature of the state, and subject to future changes or revisions as provided in this article, and no member or beneficiary provided for in this article or hereafter existing shall be deemed to have any vested right in the fund or to any annuity or benefit provided in this article. However, when the board has once approved a member’s application for a retirement annuity or benefit and such member has actually received such benefits pursuant to the board’s determination for a period of two years, then such determination as to such member’s years of qualified service shall be conclusive, and the board shall not thereafter arrive at a different determination as to such member’s qualified service prior to such original determination as to such member’s qualified service prior to such original determination except in the case of fraud or misrepresentation of any fact in the applicant’s original application or application for retirement.
Any member who is receiving retirement benefits and returns to active law enforcement shall be covered under the provisions of Section 36-21-70.
(Acts 1969, No. 999, p. 1855, §18; Acts 1971, No. 1210. p. 2104, §17; Acts 1977, 1st Ex. Sess., No. 37, p. 1448; Acts 1988, No. 88-649, p. 1034, §1.)
None of the moneys referred to in this article or any benefit or annuity payable under this article shall be subject to attachment, garnishment or judgment entered against any member or any beneficiary entitled to receive the same nor shall any such be assignable. All payments of such annuities and benefits shall be paid directly to the member or to the beneficiary provided for in this article.
(Acts 1969, No. 999, p. 1855, §19; Acts 1971, No. 1210, p. 2104, §18.)
The annuities and benefits provided for in this article shall not repeal or be considered to be in substitution for any other annuity or benefit provided for by law or any other retirement system, whether municipal, county, state or federal.
Participation by a peace officer in any other such program, plan, fund or system shall not bar participation by such peace officer in the fund.
(Acts 1969, No. 999, p. 1855, §20; Acts 1971, No. 1210, p. 2104, §19.)
This article shall be known and cited as the “Police Officer’s and Firefighter’s Survivors Educational Assistance Act.”
(Acts 1987, No. 87-609, p. 1058, §1.)
As used in this article, unless the context requires otherwise, the following terms shall have the following meanings:
(1) BOARD. Tuition Eligibility Board.
(2) ELIGIBLE PROGRAM. Any program leading to a diploma, certificate, or undergraduate degree in a state college, state community college, state junior college, state technical college, or state university.
(3) RESCUE SQUAD MEMBER. A member of an organized rescue squad of a city, town, county, or other subdivision of the state or of a public corporation, organized for the purpose of providing, within the scope of his or her practice: First aid, treatment or transport of the sick or injured; rescue or recovery operations at incidents of drowning; search and rescue of individuals lost or incapable of self rescue; or any other emergency or non-emergency incident where the services provided by the rescue squad are deemed necessary for incident stabilization. The term includes all commanders, officers, and members of organized rescue squads that are members of the Alabama Association of Rescue Squads.
(4) TUITION. The cost of instruction and fees to the student as stated in the institution’s catalog, plus the cost of books and supplies.
(5) VOLUNTEER FIREFIGHTER. Any person who meets all requirements set forth by his or her department, as attested by the chief of that department, and who is any of the following:
a. A member of a certified volunteer fire department as provided in Section 9-3-17.
b. A volunteer firefighter of a fire department of an incorporated municipality.
c. A volunteer firefighter of a fire district established pursuant to state law.
(Acts 1987, No. 87-609, p. 1058, §2; Act 2009-631, p. 1935, §1; Act 2016-385, §1.)
When a full-time law enforcement officer or full-time firefighter employed by the state, by any county, or by any municipality, a volunteer firefighter, or a rescue squad member is or was killed or becomes totally disabled in the line of duty, free tuition for undergraduate study at any state college, state community college, state junior college, state technical college, in the State of Alabama, and other costs officially prescribed for the classes in the course of study, shall be paid for the following:
(1)a. Any dependent child, natural or adopted, under 21 years of age at the time of death or total disability; any dependent natural child under the age of 21 born after the death of the law enforcement officer, firefighter, or rescue squad member; or any dependant child, natural or adopted, under 21 years of age who is born or adopted after the total disability of the law enforcement officer, firefighter, or rescue squad member.
b. Notwithstanding paragraph a., to receive benefits under this section an adopted dependent shall have been adopted, and resided in the household of the law enforcement officer, firefighter, or rescue squad member, for at least five years prior to enrollment in undergraduate study.
(2) A spouse who has not remarried, provided initial enrollment is within five years of the death or total disability of the law enforcement officer, firefighter, volunteer firefighter, or rescue squad member.
(Acts 1987, No. 87-609, p. 1058, §3; Act 99-448, p. 1039, §1; Act 2000-808, p. 1920, §1; Act 2009-631, p. 1935, §1; Act 2016-385, p. 1026, §1; Act 2021-425, §1.)
The Alabama Commission on Higher Education shall provide the necessary forms and applications for the implementation of this article, and shall supervise said implementation with the state college, state community college, state junior college, state technical college, or state university concerned.
(Acts 1987, No. 87-609, p. 1058, §4.)
There is created the Tuition Eligibility Board, which shall determine the eligibility of any persons applying under the provisions of this article. The Tuition Eligibility Board shall certify to the Alabama Commission on Higher Education the eligible persons to receive tuition assistance under the provisions of Section 36-21-102. The Tuition Eligibility Board shall consist of two members appointed by the Governor, one member appointed by the Executive Board of the Alabama Education Association, one member appointed by the Board of Directors of the Alabama State Policemen’s Association, Inc., one member appointed by the Professional Firefighter’s Association of Alabama, one member appointed by the Alabama Firefighter’s Association, one member appointed by the Alabama State Lodge of the Fraternal Order of Police, one member appointed by the Alabama State Troopers Association, and one member appointed by the Board of Directors of the Alabama Peace Officers’ Association. Each member shall serve four years from the date of appointment and shall have the right of succession. The board shall elect a chairperson from among the members and shall coordinate the implementation of this article with the Alabama Commission on Higher Education. The chairperson shall call meetings of the board to determine eligibility of applicants. Each board member shall receive reimbursement of expenses for duties performed in accordance with the provisions of this article. A majority of the members appointed shall constitute a quorum.
(Acts 1987, No. 87-609, p. 1058, § 5; Act 99-448, p. 1039, § 1.)
There is hereby appropriated annually from the Education Trust Fund of the State Treasury the amount sufficient to carry out the provisions of this article and the administrative expenses incident thereto.
(Acts 1987, No. 87-609, p. 1058, §6; Acts 1990, No. 90-239, p. 297, §1.)
For the purposes of this article, the following terms shall have the following meanings:
(1) POLICE OFFICER. A law enforcement officer appointed by a tribe pursuant to Section 36-21-122 who meets all of the requirements of the Alabama Peace Officers’ Standards and Training Commission for certified law enforcement officers.
(2) RESERVATION. The Mowa Choctaw Indian Reservation or Poarch Creek Indian Reservation, including any and all tribal properties or property owned in trust for the tribe by the United States government.
(3) TRIBE. The tribe of Indians known as the Mowa Band of Choctaw Indians organized as a nonprofit corporation and recognized as a tribal government and law enforcement agency by the State of Alabama and the tribe of Indians recognized as the Poarch Band of Creek Indians by the federal government and by the State of Alabama as a tribal government and as a law enforcement agency.
(Act 99-527, p. 1152, §1; Act 2018-393, §1.)
It is the intent of the Legislature to provide for the employment of police officers by a reservation in order to protect reservation boundaries from intruders and trespassers, to prevent damage to the properties and grounds of the reservation, and to provide for the safety of residents and employees of the reservation. The police officers shall be vested with powers similar to the powers vested in university police.
(Act 99-527, p. 1152, §2; Act 2018-393, §1.)
The tribal council of a tribe may appoint and employ one or more suitable persons to act as police officers to protect the reservation of the tribe from intruders and trespassers, to prevent damage to the properties and grounds of the reservation of the tribe, and to provide for the safety of residents and employees of the reservation of the tribe. No state or local funds allocated for law enforcement purposes shall be used to provide financial support for the law enforcement officers hired by a tribe. The authority of any person appointed as a police officer shall immediately cease when the person ceases to be an agent, servant, or employee of a reservation.
(Act 99-527, p. 1152, §3; Act 2018-393, §1.)
Any police officer appointed by a tribe pursuant to Section 36-21-122 shall be charged with all the powers of state police officers including, but not limited to, the right to bear firearms. The police officers of a tribe may do any of the following:
(1) Eject trespassers from the buildings and grounds of the reservation.
(2) Without a warrant, arrest a person who is engaging in disorderly conduct, trespassing upon the property of the reservation, or committing any public offense in the presence of the police officer on the reservation property, carry the person before the proper court, and, upon proper affidavit, charge the person with committing the offense. The person so arrested may be tried and convicted as in cases of persons brought before a court on the warrant of the court.
(3) Arrest any person pursuant to a warrant who is on the premises of the reservation and is charged with any public offense and take the person before the proper office.
(Act 99-527, p. 1152, §4; Act 2018-393, §1.)
The powers of police officers appointed by a tribe pursuant to this article may be exercised only upon the premises of the reservation of the tribe, and a police officer may not otherwise act as a police officer while off the premises of his or her reservation, except under either of the following conditions:
(1) When in appropriate pursuit off the reservation of any offender or suspected offender who is charged with the commission of a crime while on the premises of the reservation.
(2) To make lawful arrests for a felony committed, or for which there is probable cause to believe has been committed, in the presence of the police officer or within the boundaries of the property owned or operated by the tribe.
(Act 99-527, p. 1152, §5; Act 2018-393, §1.)
For the purposes of this article, the following terms have the following meanings:
(1) POLICE OFFICER. A law enforcement officer appointed by the tribe pursuant to subsection (b) who meets all of the requirements of the Alabama Peace Officers’ Standards and Training Commission for certified law enforcement officers.
(2) RESERVATION. The area within the boundaries of the Ma-Chis Lower Creek Indian Tribe Reservation, including all structures, fixtures, and personal property owned by the tribe, and any property owned or held in trust for the tribe by the United States.
(3) TRIBE. The tribe of Indians organized as a nonprofit corporation known as the MaChis Lower Alabama Creek Indian Tribe and recognized by the State of Alabama as the Ma-Chis Lower Creek Indian Tribe.
(Act 2025-276, §1(a).)
The council of the tribe may employ one or more suitable individuals to act as police officers to protect the reservation from intruders and trespassers, to prevent damage to the properties of the reservation, and to provide for the safety of residents and employees of the reservation. No state or local funds allocated for law enforcement purposes shall be used to provide financial support for the police officers hired by the tribe. The authority of any individual hired as a police officer shall immediately cease when the individual ceases to be an employee of the tribe.
(Act 2025-276, §1(b).)
(a) Any police officer hired by the tribe pursuant to Section 36-21-126 shall be charged with all of the powers of state police officers, including, but not limited to, the right to bear firearms. A police officer may do any of the following:
(1) Eject trespassers from the buildings and grounds of the reservation.
(2) Without a warrant, arrest an individual who is engaging in disorderly conduct, trespassing upon reservation property, or committing any offense on the reservation in the presence of the police officer.
(3) Bring any individual arrested under subdivision (2) before a court having jurisdiction and, upon proper affidavit, charge the individual with committing the offense.
(4) With a lawful warrant, arrest any individual for committing any offense on the reservation and bring the individual before a court having jurisdiction for charging and prosecution.
(b) Any individual who is lawfully arrested by a police officer who is employed by the tribe may be received into the custody of the law enforcement agency that would otherwise have jurisdiction over the offense for incarceration and may be prosecuted before the court having jurisdiction.
(Act 2025-276, §1(c).)
The power of a police officer employed by the tribe pursuant to this article may be exercised only upon the reservation, and a police officer may not otherwise act as a police officer off of the reservation except under either of the following conditions:
(1) When lawfully pursuing any offender suspected of committing an offense while on the reservation.
(2) When making an arrest for a felony that has been committed either in the presence of the police officer or, where probable cause exists, on the reservation.
(Act 2025-276, §1(d).)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 2000-719, p. 1542, §1.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 2000-719, p. 1542, § 2.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 2000-719, p. 1542, § 3.)
(a) As used in this section, the following terms shall have the following meanings:
(1) EMERGENCY. Going to, attending to, or coming from any of the following:
a. A fire call.
b. A hazardous or toxic materials spill and cleanup.
c. Any other situation to which a volunteer fire department has been dispatched.
d. An actual medical emergency to prevent the imminent loss of life.
(2) EMPLOYER. Any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee.
(3) VOLUNTEER EMERGENCY WORKER. An individual who does not receive monetary compensation for his or her service as a volunteer firefighter, emergency medical technician, rescue squad member, volunteer deputy, or a ham radio operator conducting storm spotter operations for an emergency management association.
(b) No employer may terminate an employee who is a member of a volunteer fire department and who, in the line of emergency duty as a volunteer firefighter, responds to an emergency call prior to the time the employee is due to report to work and which emergency results in a loss of time from employment. Any time lost from employment as provided in this section may be charged against the regular compensation of the employee. Prior to missing work, the employee shall attempt to contact his or her employer to notify the employer that the employee has been dispatched to an emergency. At the request of the employer, an employee losing time as provided herein shall supply the employer with a statement from the chief of the volunteer fire department stating that the employee responded to an emergency call and the time thereof.
(c) No employer may terminate an employee who is a member of an emergency medical service and who, in the line of emergency duty as an emergency medical service member, responds to an emergency call prior to the time the employee is due to report to work and which emergency results in a loss of time from employment. Any time lost from employment as provided in this section may be charged against the regular compensation of the employee. At the request of the employer, an employee losing time as provided herein shall supply the employer with a statement from the fire department or emergency medical services stating that the employee responded to an emergency call and the time thereof.
(d) Any employer who willfully and knowingly violates this section shall be required to reinstate the employee to the employee’s former position and shall be required to pay such employee all lost wages and benefits for the period between termination and reinstatement.
(e) Any action to enforce this section shall be commenced within a period of one year after the date of violation and such action shall be commenced in the circuit court of the county in which the place of employment is located.
(f) Nothing in this section shall prohibit an employer from terminating an employee covered in this section for lawful reasons other than responding to an emergency call that results in loss of time from employment.
(Act 2006-428, p. 1058, §§1, 2.)
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BOARD. The board of commissioners of the fund and any successors thereto.
(2) ERS. The Employees’ Retirement System of Alabama.
(3) EXECUTIVE DIRECTOR. The executive director of the board.
(4) FIREFIGHTER. Any firefighter as certified by the Alabama Firefighters Personnel Standards and Education Commission. The term also includes any volunteer firefighter who is a member of a certified volunteer fire department under Section 9-3-17.
(5) FUND. The Alabama Firefighters Annuity and Benefit Fund created in this article.
(6) MEMBER. Any firefighter who is a member of the fund and who is in good standing by virtue of having paid all sums required by this article.
(7) MEMBERSHIP SERVICE. The period of employment of a member as a firefighter from the date he or she becomes a member.
(8) MONTH. A period of 30 days.
(9) PRIOR SERVICE. The period of employment of a member as a firefighter from the time of initial employment as a firefighter to October 1, 2010.
(10) QUALIFIED SERVICE. The prior service plus membership service of a member.
(11) YEAR. A period of 365 days. The last year of employment as a firefighter when over six months of membership service shall constitute a year toward service retirement.
(Act 2010-726, p. 1818, §1.)
(a) There is created a board to be known as the Board of Commissioners of the Alabama Firefighters Annuity and Benefit Fund. The board shall be composed of the following members:
(1) A consumer member appointed by the Governor for an initial term of two years.
(2) A volunteer firefighter appointed by the Alabama Association of Volunteer Fire Departments for an initial term of two years.
(3) A volunteer firefighter appointed by the Alabama Firefighters Association for an initial term of four years.
(4) A paid firefighter appointed by the Professional Firefighters Association of Alabama for an initial term of four years.
(5) A paid firefighter appointed by the Alabama Association of Fire Chiefs for an initial term of four years.
(b) Thereafter, each member of the board shall serve for a period of four years. Any member of the board shall be eligible to succeed himself or herself. The term of each person appointed or elected to the board shall begin on the date of appointment or election, and any person so appointed or elected whose successor has not been appointed or elected shall continue to serve until the appointment or election of a successor. Any member of the board who shall cease to be a member during his or her incumbency shall be replaced as a member of the board by the appointing authority for the remainder of the unexpired term.
(Act 2010-726, p. 1818, §2.)
All board members shall be paid thirty dollars ($30) per day and mileage and per diem for attendance of board meetings. When a board member is traveling on fund business, he or she shall receive the same mileage and per diem as allowed for state employees while attending state business.
(Act 2010-726, p. 1818, §3.)
The board shall have the following powers in carrying out its responsibilities:
(1) To collect all moneys provided in this article to be collected by it.
(2) To provide for and maintain all necessary administrative facilities and personnel.
(3) To provide for payment of all administrative salaries, fees, and expenses.
(4) To cause its moneys to be invested in a manner consistent with the ERS investment policies and practices.
(5) To pass upon all applications for annuities and benefits provided for in this article.
(6) To adopt such rules as may be necessary or desirable to expedite the administration of the affairs of the board pursuant to the Alabama Administrative Procedure Act.
(7) To provide upon request descriptive literature regarding the fund.
(8) To pay all benefits and annuities that may be determined to be due under this article and under the rules of the board.
(9) To make refunds and repayments to which members may be entitled under this article.
(10) To employ such agents, attorneys, actuaries, and other specialized personnel as shall be necessary or desirable to enable the board to carry on its functions in a proper and actuarially sound manner.
(11) To receive by gift, grant, devise, or bequest any moneys or properties of any nature or description.
(12) To carry out any powers expressly granted to the board elsewhere in this article.
(13) All other powers necessary for the proper administration of this article.
(Act 2010-726, p. 1818, §4.)
The board shall keep permanent records of its membership, receipts, disbursements, and all of its other affairs under this article. Such records of the members shall show, with respect to each member, his or her name, age, date of beginning of prior service, date of beginning of membership service, the amount of all payments made by him or her to the fund, the date of any incapacity and the nature thereof and reason therefor, the amount of all annuities or benefits, if any, paid to him or her under this article, and such other information with respect to each member as shall be deemed necessary by the board for the proper determination of eligibility for annuities and benefits under this article and the amount of potential liability of the fund for the same. All records, papers, documents, and other data of the board shall be carefully preserved in a safe, secure, and permanent manner.
(Act 2010-726, p. 1818, §5.)
(a) A special fund is established for the purpose of providing retirement allowances and other benefits for members of the fund. The fund shall be known as the Alabama Firefighters Annuity and Benefit Fund. All amounts received by the board shall be paid into the fund.
(b) The board shall deliver all moneys not currently needed for the functioning of the board to the ERS for investment and reinvestment as determined by ERS administrative policies and practices. The ERS shall charge a reasonable fee for providing investment services to the board. The board shall comply with all administrative policies and requests of the ERS regarding investment services provided by the ERS. The board shall have such control of the fund as is consistent with this article and with the laws of the state.
(c) All moneys of the board not currently invested by the ERS shall be held in a special trust account or accounts in any bank or banks in the state and may be withdrawn therefrom by voucher, check, or electronic debit by the executive director pursuant to authorization given by the board. The board may expend moneys in the fund in accordance with this article.
(Act 2010-726, p. 1818, §6.)
THIS SECTION WAS AMENDED BY ACT 2011-312 IN THE 2011 REGULAR SESSION, EFFECTIVE SEPTEMBER 1, 2011. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) In order to fund this article, an annual fee of two dollars ($2) may be voluntarily contributed by indicating on a check-off box which shall be provided on annual ad valorem tax statements or a document provided with the annual ad valorem tax statement that is prescribed by the person or authority administering the program and agreed to by the executive director. If a taxpayer voluntarily indicates, two dollars ($2) shall be added to his or her amount due and paid to the appropriate person or authority administering the program. The voluntary contribution by the taxpayer shall be distributed by the appropriate person or authority administering the program to the fund created by this article.
(b) The amount of all such fees shall be remitted by the person or authority collecting the same to the executive director on the tenth day of each month next succeeding that in which the fee is paid.
(Act 2010-726, p. 1818, §7.)
(a) Participation in the fund established by this article is entirely elective on the part of a firefighter, and the benefits provided herein are in addition to any other benefits provided by law for firefighters.
(b) Each firefighter who becomes a member shall pay to the fund a regular fee of twenty dollars ($20) per calendar month, to be paid on or before the tenth calendar day of each month so long as he or she is a member or until he or she becomes entitled to benefits under this article. A member who has 25 years of qualified service in the fund and having met all other requirements of the law and thereby having earned maximum benefits provided will no longer be required to make monthly contributions for his or her membership and will retain all of the rights and privileges as provided any other member.
(c) Six months from April 30, 2010, all applicants for membership who join the fund shall pay an initial fee of twenty dollars ($20) and twenty dollars ($20) per month as long as they maintain their membership, with no regard given for firefighter service prior to the date of application.
(d) If any member does not pay the monthly fee for 60 days after its due date, the board shall give him or her notice of termination of his or her membership in the fund and of his or her right to a refund and, unless he or she makes application for a refund within 60 days after the mailing of the notice, all amounts heretofore paid by him or her to the fund shall be returned to him or her. Any member so terminated who later applies for membership in the fund shall lose credit for all of his or her prior qualified service up to the time of such termination and, upon approval of his or her new application, shall become a new member in the fund.
(Act 2010-726, p. 1818, §8.)
Any firefighter who becomes a member of the fund and who thereafter leaves work as a firefighter and is drafted or enters directly into the Armed Forces of the United States and who returns to work as a firefighter within six months after he or she ceases to serve in the armed forces shall receive prior service credit for such service in the armed forces, not to exceed five years.
(Act 2010-726, p. 1818, §9.)
(a) Any member, at any time after reaching the age of 62 and completion of at least 25 years’ qualified service, shall be entitled to an annuity benefit.
(b) The amount of the monthly benefit shall be determined by the board in an amount recommended by the actuary for the fund. The benefit shall begin upon approval by the board on the date of the member’s application for the benefits on forms provided by the board, but in no event shall the benefit begin prior to his or her termination of service as a firefighter. The benefits shall be paid for the life of the member, except as otherwise provided in this section.
(c) Any application made pursuant to this section shall contain evidence satisfactory to the board of the date of birth of the member. If any member receiving retirement benefits reenters employment as a firefighter, the payment of retirement benefits shall be terminated as long as he or she is so employed. Upon termination of his or her reemployment as a firefighter, the benefits shall resume if, during the period of reemployment, he or she has made all required monthly payments to the fund. Any employment as a firefighter after the initial retirement and during which the payments are made to the fund shall be included in the computation of membership service for the purpose of determining further rights and benefits under this section.
(d) Notwithstanding any other provision of this article to the contrary, an active and contributing member of the fund may purchase service credit in the fund for prior service rendered as a full-time firefighter within this state which would have qualified at the time for membership in the fund. The prior service credit may be claimed within two years of joining as a member of the fund by making a lump-sum payment in the amount of the full actuarially determined cost for each year of prior service credit purchased as determined by the actuary for the fund.
(Act 2010-726, p. 1818, §10.)
(a) Any member who becomes totally or permanently disabled as a result of a heart attack or any injury received in the line of duty as a firefighter, not as a result of his or her misconduct, and who makes proper application to the board on a form supplied by the board and submits evidence satisfactory to the board of such total or permanent disability and the circumstances giving rise to its occurrence, shall be entitled to be paid benefits. The board may require that any applicant for benefits under this section be examined by one or more physicians on behalf of the board and at its expense. Failure of any such applicant to subject himself or herself to such examination shall be sufficient grounds for the board to deny payment of benefits under this section. Any benefit paid under this section shall be paid for a period of not longer than 24 calendar months as follows:
(1) Seventy-two dollars ($72) per calendar month if his or her qualified service is not more than 35 months.
(2) One hundred eight dollars ($108) per calendar month if his or her qualified service is at least 36 months and not more than 47 months.
(3) One hundred forty-four dollars ($144) per calendar month if his or her qualified service is at least 48 months and not more than 59 months.
(4) One hundred eighty dollars ($180) per calendar month if his or her qualified service is 60 months or more.
(b) Any member disabled as defined in this section for a period of more than 24 calendar months shall be eligible for retirement benefits under this article if he or she meets the requirements of Section 36-21-189.
(c) The account of any member not meeting the requirements of Section 36-21-189, who does not return to work after having drawn disability benefits for 24 consecutive months, shall be placed in an inactive status, not to exceed 36 months, with no further benefits or privileges. If the member returns to fire fighting as a firefighter within the 36 months and pays the dues required, all of his or her creditable service shall be restored prior to the date of disability. If the member does not return to fire fighting within the 36 months, his or her account shall be closed with no further rights or benefits.
(d) Any member whose account is so closed who later applies for membership in the fund shall lose credit for all prior qualified service up to the time his or her account is closed and, upon approval of a new application, shall become a new member in the fund.
(Act 2010-726, p. 1818, §11.)
(a) Each member shall be issued a certificate by the board in which the board agrees to pay to a beneficiary designated by such member, upon death while an active member, and to be conditioned upon the satisfaction of all obligations of the member to the fund, a lump sum amount of two thousand five hundred dollars ($2,500).
(b) If any member is killed in the line of duty, his or her beneficiary or estate shall be paid all membership fees paid by the member. Such repayment of membership fees shall be in addition to the death benefit provided in this section. The board shall pay to the beneficiary of a member, upon death while an active member, a refund pursuant to Section 36-21-190.
(Act 2010-726, p. 1818, §12.)
(a) The board shall appoint and employ an actuary to make an actuarial valuation every three years or earlier, if deemed required, of the receipts and income accruing to the fund based on age, expected mortality, disability, and retirement status of the members and the qualified service and membership service of members and to determine what percentage of the proposed payments, annuities, and benefits set forth in this article may be paid if the fund is to be kept on an actuarially sound and solvent basis. Upon receipt of the report of the actuary, the executive director shall present it to a meeting of the board which shall make adjustments of annuities and benefits, up or down, as recommended by the actuary. Any increase or reduction in benefits resulting from any actuarial study or from any subsequent amendment of this article shall be applicable to all persons then receiving such benefits, even though such persons had theretofore received benefits at a different rate.
(b) In no event shall the board, the fund, the association, the order, or any member, officer, director, or employee of any thereof or the state or any subdivision thereof or any municipality therein be liable to any member or any beneficiary or any representative of any member or any beneficiary of the fund for any deficiency in payments made pursuant to this article and pursuant to any pro rata reduction of annuities or benefits.
(Act 2010-726, p. 1818, §13.)
Any member shall be entitled at any time to withdraw from the fund and, upon application for such withdrawal on forms supplied by the board and approved by it, shall be entitled to receive 90 percent of all amounts previously paid to the fund by such member. Any member who withdraws and receives such refund shall not thereafter have any rights with respect to the fund and may not thereafter be entitled to become a member except as a new member. Any member who ceases to be a firefighter may elect not to receive any such refund for a period of not more than 36 months. If within the 36-month period the person shall again become a firefighter, he or she may be reinstated as a member without loss of accumulated qualified service. If a member does not return to service at the end of the 36-months period, then his or her account shall be terminated and his or her fees shall be returned, thereby cancelling all his or her qualified service.
(Act 2010-726, p. 1818, §14.)
(a) The executive director shall make semiannual reports to the board showing the total amount of money on hand at the time of such report, all investments then held by the board and itemizing by classifications all receipts and disbursements since the last such semiannual report.
(b) The Chief Examiner of the Department of Examiners of Public Accounts shall make an annual audit of the activities of the board for each fiscal year and make a complete report of the same to the Legislature. The annual audit shall cover all moneys received by the board and all expenditures made by the board during the period covered by the audit.
(Act 2010-726, p. 1818, §15.)
(a) All rights, annuities, and benefits provided herein shall be subject to future change by the Legislature, and subject to future changes or revisions as provided in this article, and no current or future member or beneficiary shall be deemed to have any vested right in the fund or to any annuity or benefit provided in this article. However, when the board has approved a member’s application for a retirement annuity or benefit and the member has actually received benefits pursuant to the board’s determination for a period of two years, then the board’s determination as to the member’s years of qualified service shall be conclusive, and the board shall not thereafter arrive at a different determination except in the case of fraud or misrepresentation of any fact by the applicant.
(b) Any member who is receiving retirement benefits and returns to active fire fighting shall be covered under Section 36-21-189.
(Act 2010-726, p. 1818, §16.)
None of the moneys referred to in this article or any benefit or annuity payable under this article shall be assignable nor subject to attachment, garnishment, or judgment entered against any member or beneficiary. All payments of annuities and benefits shall be paid directly to the member or beneficiary.
(Act 2010-726, p. 1818, §17.)
(a) The annuities and benefits provided for in this article shall not repeal or be considered to be in substitution for any other annuity or benefit provided for by law or any other retirement system, whether municipal, county, state, or federal.
(b) Participation by a firefighter in any other program, plan, fund, or system shall not bar participation by such firefighter in the fund.
(Act 2010-726, p. 1818, §18.)
As used in this article, the following terms have the following meanings:
(1) BODY-WORN CAMERA. An operational video or digital camera or other electronic device, including a microphone or other mechanism to capture audio, affixed to the uniform or person of law enforcement agency personnel and positioned in a way that allows the camera or device to capture interactions between law enforcement agency personnel and others.
(2) CUSTODIAL LAW ENFORCEMENT AGENCY. The law enforcement agency that owns or leases or whose personnel operates the equipment that created the recording at the time the recording was made. If another law enforcement agency takes over the investigation of the recorded incident, that agency becomes the custodial law enforcement agency for the purposes of this article.
(3) DASHBOARD CAMERA. A device or system installed or used in a law enforcement agency vehicle that electronically records images or audio of interactions between law enforcement agency personnel and others. This term does not include a body-worn camera.
(4) DISCLOSE or DISCLOSURE. To make a recording available for viewing or listening at a time and location chosen by the custodial law enforcement agency. This term does not include the release of a recording.
(5) PERSONAL REPRESENTATIVE. A parent, court-appointed guardian, spouse, or attorney of an individual whose image or voice is the subject of the recording. If an individual whose image or voice is the subject of the recording is deceased, the term also means the personal representative of the estate of the deceased individual; the deceased individual’s surviving spouse, parent, or adult child; the deceased individual’s attorney; or the parent or guardian of a surviving minor child of the deceased.
(6) RECORDING. A visual, audio, or visual and audio recording captured by a body-worn camera, a dashboard camera, or any other video or audio recording device operated by or on behalf of a law enforcement agency or law enforcement agency personnel when carrying out law enforcement responsibilities. This term does not include any video or audio recordings of interviews regarding agency internal investigations or interviews or interrogations of suspects or witnesses.
(7) RELEASE. To provide a copy of a recording.
(Act 2023-507, §1.)
Recordings are not personnel records of any individual employed as a law enforcement officer by a municipality, sheriff’s department, or any agency of the state.
(Act 2023-507, §2.)
(a) Recordings in the custody of a law enforcement agency shall be disclosed to an individual or personal representative only as provided by this article. This article does not apply to the exchange of recordings between law enforcement or prosecuting agencies. An individual requesting disclosure of a recording must make a written request to the head of the custodial law enforcement agency that states the date and approximate time of the activity captured in the recording or otherwise identifies the activity with reasonable particularity sufficient to identify the recording to which the request refers.
(b) Nothing in this article shall limit or restrict the application of the Alabama Rules of Civil Procedure as they may be applied to the custodial law enforcement agency, including, but not limited to Rule 45, nor Chapter 21 of Title 12.
(c) A custodial law enforcement agency may only disclose a recording to the following:
(1) An individual whose image or voice is the subject of the recording.
(2) A personal representative of an adult individual whose image or voice is the subject of the recording if the adult individual has consented to the disclosure.
(3) A personal representative of a minor whose image or voice is the subject of the recording.
(4) A personal representative of an adult individual under lawful guardianship whose image or voice is the subject of the recording.
(5) A personal representative of an adult individual who is incapacitated and unable to provide consent to disclosure whose image or voice is the subject of the recording.
(6) A personal representative of a deceased individual whose image or voice is the subject of the recording.
(d) When disclosing a recording, the custodial law enforcement agency shall disclose only those portions of the recording that are relevant to the individual’s request.
(e) An individual who receives disclosure pursuant to this section shall not record or copy the recording.
(Act 2023-507, §3.)
(a) Upon receipt of the written request for disclosure, as promptly as possible, the custodial law enforcement agency shall do either of the following:
(1) Disclose the portion of the recording relevant to the individual’s request.
(2) Notify the requestor of the custodial law enforcement agency’s decision not to disclose the recording. A custodial law enforcement agency may choose to not disclose the recording if the disclosure would affect an ongoing active law enforcement investigation or prosecution.
(b) A custodial law enforcement agency may charge a reasonable fee for redaction and editing of a recording.
(Act 2023-507, §4.)
Any recording subject to this article shall be retained for at least the period of time required by the applicable records retention and disposition schedule.
(Act 2023-507, §5.)
This article shall be known and cited as the Alabama Law Enforcement Officers’ Family Scholarship Program.
(Act 2026-381, §1.)
As used in this article, the following terms have the following meanings:
(1) ACADEMIC PERIOD. A semester or quarter.
(2) APPROVED POSTSECONDARY PROGRAM. Any for-credit or noncredit workforce or career training program or course of study at the undergraduate level directed toward a vocational certification, an associate degree, or a bachelor’s degree offered by a participating institution. The term includes an academic major.
(3) COMMISSION. The Alabama Commission on Higher Education, including the commission’s Office of Student Assistance.
(4) ELIGIBLE DEPENDENT. An individual who, on the date of applying for the scholarship provided under this article, is:
a. Not eligible for the police officers’ survivors educational assistance provided under Article 5; and
b. Either of the following:
A natural or adopted child of a qualifying law enforcement officer, who is under 24 years of age and who has resided in the state for at least the five preceding years.
The current or surviving spouse of a qualifying law enforcement officer who has resided in the state for at least the five preceding years.
(5) LAW ENFORCEMENT AGENCY. Any law enforcement department or agency that serves the state, a municipality, a county, or a postsecondary educational institution.
(6) PARTICIPATING INSTITUTION. An accredited public postsecondary vocational school, technical school, community or junior college, college, or university that enters into a contract with the commission to accept reimbursement for a scholarship awarded to an eligible dependent.
(7) QUALIFYING LAW ENFORCEMENT OFFICER. The term includes any law enforcement officer, as defined in Section 13A-11-38:
a. Who, on or after January 1, 2026, is employed full-time for at least 15 years by a law enforcement agency in the state; or
b. Who, having been employed full-time for at least 15 years by a law enforcement agency in the state, has been separated for no more than 10 years from full-time employment as a law enforcement officer due to resignation, retirement, or death, unless the individual was terminated from final employment as a law enforcement officer pursuant to a disciplinary action.
(8) TUITION AND MANDATORY FEES. Costs charged for tuition and mandatory fees which are assessed for all students at the participating institution. The term does not include differential tuition or department-specific or course-specific fees, or books, equipment, or supplies.
(Act 2026-381, §1.)
(a) The Alabama Law Enforcement Officers’ Family Scholarship is established to pay on behalf of eligible dependents the cost of tuition and mandatory fees for up to eight semesters or 12 quarters in an approved postsecondary program.
(b)(1) The scholarship shall pay tuition and mandatory fees after any other amounts from public or private scholarships, grants, aid, or gifts awarded by third parties to the eligible dependent for the academic period have been applied.
(2)a. The amount for each recipient shall be capped at two thousand five hundred dollars ($2,500) for each academic period.
b. Notwithstanding paragraph a., if the recipient qualifies for a discount on tuition and mandatory fees because the recipient’s eligibility is based upon the qualifying law enforcement officer’s employment by a law enforcement agency that serves a postsecondary institution, the amount shall be capped at one thousand five hundred dollars ($1,500) for each academic period. This amount may be used for tuition and mandatory fees at any participating institution.
(c) The scholarship may be granted to as many dependents of one qualifying law enforcement officer as are eligible and who comply with the requirements of this article.
(d) The scholarship shall be administered by the commission.
(e)(1) Availability of the scholarship to eligible dependents is conditioned, pursuant to Section 36-21-227, on funds available in the Alabama Law Enforcement Officers’ Family Scholarship Fund.
(2) Reimbursement from the Alabama Law Enforcement Officers’ Family Scholarship Fund shall be made at the end of each academic period by the commission to a participating institution by certified invoice submitted by the institution which is substantiated by the name of each student receiving a scholarship, with the amount claimed for each student.
(f) Participating institutions shall enter into a contract with the commission and agree to provide any records to the commission upon request.
(Act 2026-381, §1.)
The scholarship application by an eligible dependent shall be submitted to the commission and include, but not be limited to, the following:
(1) Documentation from the participating institution that the applicant has been accepted for admission and is enrolled as a student.
(2) A copy of a completed Free Application for Federal Student Aid (FAFSA) submitted to the United States Department of Education, or documentation from the participating institution that the applicant has completed a FAFSA.
(3) Documentation, as determined by rules adopted by the commission, that a spouse or parent is a qualifying law enforcement officer.
(4) In the case of a dependent who is a current or surviving spouse, a certified copy of the marriage certificate to a qualifying law enforcement officer.
(5) In the case of a dependent who is a natural or adopted child, a certified copy of the birth certificate or the decree of adoption showing the parental relationship to a qualifying law enforcement officer.
(6) A signed Family Educational Rights and Privacy Act (FERPA) release form.
(Act 2026-381, §1.)
(a) Approval for a scholarship shall be granted to an eligible dependent upon submission of the documentation required under Section 36-21-223 and shall continue for the number of academic periods for which a scholarship may be available as provided in Section 36-21-222(a) upon meeting the following conditions:
(1) That the recipient complies with the Standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the federal Higher Education Act and as defined by the participating institution for each academic period for which the recipient is enrolled.
(2) That the recipient maintains his or her full-time residency in the state.
(3) That the recipient completes the academic terms for which the scholarship is available within 66 months of the approval of the application, in the absence of a formal waiver of this condition by the commission due to injury, illness, the necessity of part-time enrollment, or some other extraordinary circumstance.
(b) If the recipient’s eligibility is based on spousal status, eligibility shall end if the marriage to the qualifying law enforcement officer is terminated by a decree of divorce or, in the case of a recipient who is a surviving spouse, remarriage.
(c) A recipient may maintain eligibility for a scholarship while changing his or her approved postsecondary program or transferring to another participating institution, or both, only if the change or transfer is approved by the appropriate participating institution no later than the beginning of the fifth semester or the ninth quarter for which the scholarship would be available.
(Act 2026-381, §1.)
(a) The responsibilities of the commission include, but may not be limited to, the following:
(1) Receiving scholarship applications.
(2) Making determinations on scholarship eligibility.
(3) Waiving scholarship requirements as provided in this article.
(4) Entering into and administer contracts with participating institutions.
(5) Developing the necessary forms to administer the program.
(6) Publicizing the scholarship by written materials or electronic means and accept donations.
(b) The commission is authorized to charge a fee of no more than three percent of the monies deposited to the credit of the Alabama Law Enforcement Officers’ Family Scholarship Fund in a fiscal year for administering this article.
(c) The commission is authorized to adopt rules to implement, administer, and interpret the requirements of this article.
(Act 2026-381, §1.)
The commission shall report to the Legislature, by January 1 of each year, all of the following:
(1) The number of applicants approved in the previous fiscal year.
(2) The number of applicants approved as of the reporting date of the current fiscal year.
(3) The number of recipients, by the number of remaining academic terms for which they may be eligible for the scholarship.
(4) The cost of the previous fiscal year’s expenditures to the program, arranged by each participating institution and the number of recipients who are enrolled with each participating institution.
(5) The number of recipients in the previous fiscal year who completed an approved postsecondary program by being awarded a certificate or a degree.
(Act 2026-381, §1.)
(a) The Alabama Law Enforcement Officers’ Family Scholarship Fund is created in the State Treasury. All monies received by the commission from any source as provided in subsections (b) or (c) or pursuant to Section 32-6-730 shall be deposited into the State Treasury to the credit of the fund. Amounts deposited into the fund shall be budgeted and allotted in accordance with Division 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41.
(b)(1) Availability of the scholarship to eligible dependents, beginning with the fiscal year that starts on October 1, 2027, shall be subject to an annual appropriation in the Education Trust Fund Appropriation Act which shall not exceed ten million dollars ($10,000,000). This provision does not affect the availability of scholarships from funds provided on hand prior to October 1, 2027.
(2) The annual appropriation provided in subdivision (1) shall cease when monies received to the credit of the Alabama Law Enforcement Officers’ Family Scholarship Fund in the preceding fiscal year pursuant to Section 32-6-730 are no less than ten million dollars ($10,000,000).
(c) The commission may accept additional funding for the Alabama Law Enforcement Officers’ Family Scholarship Program from public and private sources, including appropriations, loans, federal gifts, grants, corporate sponsorships, and individual donations.
(Act 2026-381, §1.)
[Repealed]
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1852, §680; Code 1867, §814; Code 1876, §726; Code 1886, §806; Code 1896, §3735; Code 1907, §5866; Code 1923, §10185; Acts 1933, Ex. Sess., No. 191, p. 203, §§1, 10; Code 1940, T. 41, §91; Code 1940, T. 54, §1.)
The sheriff must keep his office at the courthouse.
(Code 1852, §688; Code 1867, §816; Code 1876, §728; Code 1886, §808; Code 1896, §3737; Code 1907, §5868; Code 1923, §10187; Code 1940, T. 54, §2.)
(a) It shall be the duty of the sheriff to do all of the following:
(1) Execute and return the process and orders of the courts of record of this state and of officers of competent authority with due diligence when delivered to him or her for that purpose, according to law.
(2) Attend upon the circuit courts and district courts held in his or her county when in session and the courts of probate, when required by the judge of probate, and obey the lawful orders and directions of such courts.
(3) Three days before each session of the circuit court in his or her county, render to the county treasury or custodian of county funds a statement in writing and on oath of the monies received by him or her for the county, specifying the amount received in each case and from whom the amount is received, and pay the amount to the county treasurer or custodian of county funds.
(4) With the assistance of deputies as necessary, ferret out crime, apprehend and arrest criminals and, insofar as within their power, secure evidence of crimes in their counties and present a report of the evidence so secured to the district attorney or assistant district attorney for the county.
(5) Perform such other duties as are or may be imposed by law.
(b) Any of the duties of the sheriff set out in subsection (a) or as otherwise provided by law may be carried out by deputies, reserve deputies, and individuals employed as authorized in Section 14-6-1 as determined appropriate by the sheriff in accordance with state law. Individuals undertaking such duties for and under the direction and supervision of the sheriff shall be entitled to the same immunities and legal protections granted to the sheriff under the general laws and the Constitution of Alabama of 2022, as long as such conduct is deemed conduct performed within a law enforcement officer’s discretionary authority as defined in Section 6-5-338.1.
(c) Notwithstanding Sections 14-6-1, 32-7-23, and this section, nothing in Section 14-6-1 and this section shall serve as a bar to an individual’s or entity’s recovery under the uninsured motorist coverage of the individual or entity, or prevent an insured from being legally entitled to recover damages under the uninsured motorist coverage of the insured.
(Code 1852, §690; Code 1867, §818; Code 1876, §730; Code 1886, §810; Code 1896, §3739; Code 1907, §5870; Acts 1909, No. 81, p. 107, §1; Code 1923, §10189; Code 1940, T. 54, §5; Act 2011-685, p. 2067, §§1, 2; Act 2025-423, §2.)
For the purpose of maintaining order and avoiding the disruption in the provision of law enforcement services and the operation of the county jail, the highest ranking deputy sheriff in the office of the sheriff shall discharge the duties of the sheriff when any of the following apply:
(1) When the office of the sheriff is vacant and until a successor is qualified.
(2) When the sheriff is incompetent to act.
(3) When the sheriff is imprisoned.
(4) In any criminal proceeding involving the discharge of the duties of the office of the sheriff in which the sheriff is a party.
(5) In any case when directed by the judge of probate.
(Act 2023-164, §1.)
Claims of chief deputy sheriffs for services performed by them and authorized by law to be paid to them out of the county treasury are preferred claims against the county and shall be given the same priority as compensation of the members of the county commission.
(Acts 1933, Ex. Sess., No. 12, p. 7, § 1; Code 1940, T. 54, §4.)
The sheriffs in their respective counties, whenever directed to do so in writing by the district attorney or by the Attorney General or Governor, shall make special investigation of any alleged violation of the law in their counties and shall prepare a written report setting forth what information has been obtained as a result of such investigation together with the names of such witnesses as have been secured with a summary of what can be proven by such witnesses, which report shall promptly after its preparation be presented to the official who directed the investigation and, if such official shall be the Governor or Attorney General, he may present it to any solicitor prosecuting criminal cases in the county. The sheriff of the county shall proceed promptly by himself or by a competent deputy of experience and fidelity to make such investigation when directed as aforesaid.
(Acts 1909, No. 81, p. 107, §2; Code 1923, §10190; Code 1940, T. 54, §9.)
(a) The expense of a special investigation when ordered as provided in Section 36-22-5 shall be paid from the county treasury, upon a warrant properly drawn. After the report is made, the sheriff shall file with the county commission a detailed sworn statement of his expenses accompanied by the written approval of the officer directing the investigations, and the county commission shall audit and allow only so much thereof as it shall find reasonably necessary unless it is approved by the Governor or Attorney General, in which event they shall allow the amount approved. The allowed expenses must be paid in each case from the county treasury upon a warrant drawn according to law.
(b) Every district attorney shall direct the sheriff to make an investigation and report as provided in Section 36-22-5 when a written request to that effect setting forth the alleged violation of the law is presented to him signed by 25 reputable citizens of the county.
(Acts 1909, No. 81, p. 107, §2; Code 1923, §10191; Code 1940, T. 54, §10.)
Whenever it appears that the process is regular on its face and is issued by competent authority, a sheriff or other ministerial officer is justified in the execution of the same, whatever may be the defect in the proceeding on which it was issued.
(Code 1852, §2284; Code 1867, §2687; Code 1876, §3041; Code 1886, §2776; Code 1896, §1807; Code 1907, §5871; Code 1923, §10197; Code 1940, T. 54, §16.)
The sheriff must keep, in his office and subject to the inspection of the public during office hours, a well-bound book, to be procured at the expense of the county, in which he must enter a description of each prisoner received into the county jail, showing the name, age, sex, color and any other distinguishing marks, together with the charge for which such prisoner is held, the order and date of commitment and the order and date of release.
(Code 1896, §3740; Code 1907, §5872; Code 1923, §10198; Code 1940, T. 54, §17.)
The sheriff is authorized to execute all process which is required to be executed by constables and shall receive the same fees and compensation therefor as constables, except in cases of forcible entry and detainer and unlawful detainer, and he and his sureties on his official bond shall be liable for any abuse of the process that he may execute under this section.
(Code 1876, §731; Code 1886, §811; Code 1896, §3741; Code 1907, §5873; Code 1923, §10199; Code 1940, T. 54, §18.)
Each sheriff must also enter in well-bound books, whenever any execution or order of sale is received by him, the names of the parties, the character of the process, the time of its receipt, the date of the judgment on which the same issued, if it appears from such process, the amount of the same, principal and costs, the court from which it issued and the name of the attorneys as endorsed thereon.
(Code 1852, §691; Code 1867, §819; Code 1876, §732; Code 1886, §812; Code 1896, §3742; Code 1907, §5874; Code 1923, §10200; Code 1940, T. 54, §19.)
The sheriff must also enter on the same page, against the entries required by Section 36-22-10, the amount he receives on such execution or order of sale, stating the principal, interest and cost separately and also stating separately each item of costs he receives which is not charged in the bill of costs, the time he receives the same and his return.
(Code 1852, §692; Code 1867, §820; Code 1876, §733; Code 1886, §813; Code 1896, §3743; Code 1907, §5875; Code 1923, §10201; Code 1940, T. 54, §20.)
The sheriff must keep a sales book in which he must enter all the property sold by him under any process from any court, a brief description of such process, when the property was sold, the purchaser and at what price.
(Code 1852, §693; Code 1867, §821; Code 1876, §734; Code 1886, §814; Code 1896, §3744; Code 1907, §5876; Code 1923, §10202; Code 1940, T. 54, §21.)
The books required to be maintained by this article must at all times be open to the inspection of the public, free of charge, and must, at the expiration of his official term, be turned over to his successor in office. When a book has been completely filled or used up it must be deposited and kept in the office of the clerk of the circuit court of the county.
(Code 1852, §694; Code 1867, §822; Code 1876, §735; Code 1886, §815; Code 1896, §3745; Code 1907, §5877; Code 1923, §10203; Acts 1935, No. 29, p. 57, §1; Code 1940, T. 54, §22.)
The sheriff having in his hands at the expiration of his official term any money held by him subject to the further order or judgment of any court shall, on the demand of his successor in office, pay the same to him and on such payment shall be discharged from further liability therefor.
(Code 1876, §738; Code 1886, §818; Code 1896, §3748; Code 1907, §5880; Code 1923, §10206; Code 1940, T. 54, §26.)
(a) Sheriffs of the several counties in this state shall be compensated for their services by an annual salary payable in equal installments out of the county treasury as the salaries of other county employees are paid. The annual salary of the sheriff shall be $35,000.00, commencing with the next term of office, unless a higher salary is specifically provided for by law by general or local act hereafter enacted.
(b) Such salary shall be in lieu of all fees, compensation, allowance, percentages, charges and costs, except as otherwise provided by law. The sheriff and his deputies shall, however, be entitled to collect and retain such mileage and expense allowance as may be payable according to law for returning or transferring prisoners and insane persons to or from points outside the county.
(Acts 1969, No. 1170, p. 2179, §1; Acts 1971, No. 77, p. 339, §1; Acts 1973, No. 193, p. 229, §1; Acts 1978, No. 538, p. 596, §1; Acts 1981, No. 81-667, p. 1091, §1; Acts 1985, No. 85-518, p. 612, §1.)
Except as otherwise provided herein, all fees, commissions, percentages, allowances, charges, and court costs heretofore collectible for the use of the sheriff and his or her deputies shall be collected and paid into the general fund of the county. Except as otherwise provided in subsection (b) of Section 14-6-47, all monies paid by the state for the feeding of prisoners pursuant to Title 14, Chapter 6 shall be paid into the Prisoner Feeding Fund established in Section 14-6-47, and expended only as provided in Chapter 6.
(Acts 1969, No. 1170, p. 2179, §2; Acts 1978, No. 619, p. 879, §1; Act 2019-133, §1.)
The county commission shall also furnish the sheriff with the necessary quarters, books, stationery, office equipment, supplies, postage and other conveniences and equipment, including automobiles and necessary repairs, maintenance and all expenses incidental thereto, as are reasonably needed for the proper and efficient conduct of the affairs of the sheriff’s office.
(Code 1876, §737; Code 1886, §817; Code 1896, §3747; Code 1907, §5879; Code 1923, §10205; Code 1940, T. 54, §25; Acts 1969, No. 1170, p. 2179, §3.)
The county commission of each of the several counties of the state may, in its discretion and upon application of the sheriff of the county, pay the sheriff’s membership dues in the Alabama Sheriffs Association each year and also the sheriff’s membership dues in the National Sheriffs Association each year.
The cost of any such membership dues, upon approval by the county commission, may be paid out of the general fund of the county commission.
(Acts 1949, No. 593, p. 925, §§ 1, 2; Acts 1957, No. 353, p. 466, §§ 2, 3.)
Any sheriff or former sheriff of any county of this state who has had 20 years of service as a law-enforcement officer, 16 of which have been as a sheriff, and who has reached the age of 55 years shall be eligible to participate and receive benefits under the Sheriffs’ Retirement System as provided in this article.
(Acts 1975, No. 1231, p. 2591, §1.)
Any sheriff of any county of this state who served as a law-enforcement officer for at least 20 years, 16 of which have been as a sheriff, and who becomes totally disabled while performing duties relative to law enforcement shall be able to receive disability payments equal to the retirement payments set out in Section 36-22-43, and shall continue to receive said disability payments only so long as said person suffers said total disability.
(Acts 1975, No. 1231, p. 2591,§2.)
The governing body of each county shall begin deducting on October 10, 1975, and each month thereafter from the salaries of such sheriffs an amount equal to four percent of the monthly salary paid such official up to $25,000.00. Such sum shall be deducted monthly and paid into the general fund of the county.
If any sheriff subject to the provisions of this article shall end his tenure of office prior to becoming eligible as provided herein, an amount equal to one half of the amount paid by him into the county general fund under the provisions of this section shall be repaid to him.
In the event such person shall die in office prior to becoming eligible, such sum shall be paid to his estate.
This section shall not apply in any county in which the sheriff is eligible to become entitled to any other state or county retirement act which he may elect to come under.
(Acts 1975, No. 1231, p. 2591, §3; Acts 1983, 2nd Ex. Sess., No. 83-162, p. 332, §1.)
Those persons eligible under either Section 36-22-40 or 36-22-41 shall receive payments equal to $750.00 per month, but in no event shall any person receive payments pursuant to both the retirement and disability provisions simultaneously. Said payments shall be paid from the general fund of the county in which said eligible persons reside upon their retirement or disability. However, this article is permissive in nature and the governing body of said county may decline to make such payments. In such event the full amount of any contributions made shall be paid back to the eligible sheriff.
(Acts 1975, No. 1231, p. 2591, §4; Acts 1983, 2nd Ex. Sess., No. 83-162, p. 332, §1.)
If any sheriff is eligible for retirement under any other county retirement act, he shall make a choice as to which act he desires to come under and shall so notify the county governing body within 60 days after he becomes eligible for any payments under this article. In the event that an elected official’s retirement system should hereafter be established by law, any official elected after the establishment of such retirement system who otherwise would have been covered by the provisions of this article shall automatically be subject to the provisions of such retirement system as a matter of law.
(Acts 1975, No. 1231, p. 2591, §5.)
No part of this article shall apply to counties having a population of 175,000 to 300,000, nor those counties having a population of 90,000 to 100,000.
The provisions of this article shall not affect Lee County.
(Acts 1975, No. 1231, p. 2591, §§6, 7.)
Any sheriff, on or after July 19, 1979, of any county of this state may elect to participate in the supernumerary sheriff’s program provided by this article. Any sheriff, on or after July 19, 1979, of any county of this state:
may elect to become a supernumerary sheriff of the county by filing a written declaration to that effect with the Governor not more than 90 days prior to the end of the 16 year period or reaching the age of 55 years, both having been fulfilled, or at any time thereafter. If the Governor shall find that any such declarant is qualified under either subdivision (1) or (2) of this section, he shall then issue such declarant a commission as supernumerary sheriff. The office of sheriff made vacant by the election of such declarant shall be filled by appointment of the Governor as now provided by law. This section shall apply only to sheriffs who have been elected to that office.
(Acts 1979, No. 79-357, p. 569, §1.)
The governing body of each county shall begin deducting, upon July 19, 1979, and each month thereafter, from the salaries of such sheriffs an amount equal to six percent of the monthly salary paid such sheriff. Such sum shall be deducted monthly and paid into the general fund of the county. If any sheriff, subject to the provisions of this article, shall end his tenure of office prior to having reached age of 55 years, but having had 16 years of service as a law enforcement officer, 12 of which have been as sheriff, his supernumerary allowance as set out in Section 36-22-62, shall be vested and held in the general fund of the county until he attains the age of 55, at which time, or any time thereafter, he may elect to become a supernumerary sheriff as set out in Section 36-22-60. If any sheriff, subject to the provisions of this article, shall end his tenure of office prior to having had 16 years of service as a law enforcement officer, 12 of which was served as sheriff, as provided herein, an amount equal to the total paid by him into the general fund of the county under the provisions of this section, shall be repaid to him. In the event a sheriff should die in office prior to his eligibility, then, in that event, the total amount paid by him to the general fund of the county hereunder shall be paid to his named beneficiary. In the event a sheriff dies in office who immediately prior to his death was eligible for supernumerary status but had not elected to be commissioned as a supernumerary sheriff, then, in that event, his spouse shall be entitled to the same benefits as if he had elected to be commissioned as a supernumerary sheriff. In the event of the death of any supernumerary sheriff in whose favor a monthly retirement allowance is accruing, his spouse shall be entitled to a monthly allowance equal to 50 percentum of the retirement allowance the supernumerary sheriff was receiving when he died, as hereinafter specified, for a period of up to 15 years. No spouse shall receive any benefits under this article unless such spouse was married to the deceased sheriff or supernumerary sheriff at the time of his death and any benefits of a spouse under this article shall terminate in the event the spouse remarries. This section shall not apply in any county in which the sheriff of said county is eligible to become entitled to any other state or county retirement act, which he may elect to come under.
(Acts 1979, No. 79-357, p. 569, §2; Acts 1986, No. 86-528, p. 1024, §1.)
(a) Those persons eligible under either subdivisions (1) or (2) of Section 36-22-60, who have 16 years of creditable service as a law enforcement officer, 12 of which were served as sheriff, shall be entitled to receive an amount equal to 50 percent of the monthly salary paid such person at the time of the completion of his service in office, and shall be entitled to receive an additional amount equal to two percent of such person’s said monthly salary for each additional year of service up to a maximum of 65 percent of such monthly salary, but in no event shall any person receive payments pursuant to both the supernumerary and disability supernumerary provisions simultaneously. All such payments shall be paid from the general fund of the county in which said eligible person is serving upon his election to become a supernumerary sheriff or to become a supernumerary sheriff due to a disability.
(b) Those persons eligible under either subdivisions (1) or (2) of Section 36-22-60, that may elect to become a supernumerary sheriff shall be entitled to receive a cost-of-living increase as the remuneration of the office of sheriff increases from which the supernumerary sheriff elected to vacate. Said cost-of-living increase shall be equal to the percentage allowed said supernumerary sheriff of the present sheriff’s remuneration.
(Acts 1979, No. 79-357, p. 569, §3; Acts 1982, No. 82-276, p. 347, §1.)
(a) Any sheriff, serving on July 19, 1979, of any county of this state who elects to participate in the supernumerary sheriff’s program shall receive service for supernumerary status for any time served as sheriff after July 19, 1979. Any sheriff, in order to receive service credit for prior service as a sheriff or law enforcement officer, shall pay into the county general fund an amount equal to the total contribution he or she would have made as a sheriff based on six percent of the current salary as sheriff for a period not to exceed five years or the time of prior service as sheriff whichever is lesser. Any prior service credit shall be purchased by September 30, 1995. No sheriff shall be eligible to go on supernumerary status with less than five years of creditable service including prior service credit purchased as provided above.
(b) The term “prior service as a sheriff or law enforcement officer” as used in subsection (a) shall include prior service as a mayor with arrest powers whose duties included serving as head of a city police department.
(c) The provisions of this section as amended by Acts 95-678 shall not take effect in any county until the county commission of that county unanimously adopts a resolution of approval relating to these provisions.
(Acts 1979, No. 79-357, p. 569, §4; Acts 1985, No. 85-637, p. 969, §1; Acts 1993, No. 93-759, p. 1513, §1; Acts 1995, No. 95-678, p. 1482, §1.)
AMENDED BY ACT 2026-571, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
If any sheriff is eligible for retirement benefits under any other county, state or municipal retirement plan or act, then, in that event, he shall elect the plan or act in which he desires to participate and shall so notify the proper authority within 60 days after he becomes eligible for any payments under this article. It is further provided, however, that such election shall not affect any such person’s entitlement to benefits under the provisions of Article 4 of Chapter 21 of this title.
(Acts 1979, No. 79-357, p. 569, §5.)
Each supernumerary sheriff shall take the oath of office prescribed for sheriffs and shall be subject to call by the Governor in the event of the vacancy in the office of the sheriff.
(Acts 1979, No. 79-357, p. 569, §6.)
AMENDED BY ACT 2026-423, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There shall be one constable for each election precinct in each county, to be elected as provided by law, who shall hold office for four years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified.
(b) Any county, by local legislation, may abolish the office of constable.
(Code 1852, §715; Code 1867, §846; Code 1876, §762; Code 1886, §843; Code 1896, §971; Code 1907, §3324; Code 1923, §6794; Code 1940, T. 54, §28; Acts 1984, 1st Ex. Sess., No. 84-757, p. 129, §1.)
Vacancies in the office of constable shall be filled by appointment of the Governor, and the person appointed shall hold office for the unexpired term and until his successor is elected and qualified.
(Code 1852, §716; Code 1867, §847; Code 1876, §763; Code 1886, §844; Code 1896, §972; Code 1907, §3325; Code 1923, §6795; Code 1940, T. 54, §29.)
AMENDED BY ACT 2026-423, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
When a vacancy in any election precinct is occasioned by the death or removal from such precinct of the constable thereof, the judge of probate must notify the Governor.
(Code 1852, §271; Code 1867, §316; Code 1876, §301; Code 1886, §845; Code 1896, §973; Code 1907, §3326; Code 1923, §6796; Code 1940, T. 54, §30.)
Before entering upon the duties of his office, the constable must give bond as prescribed by law.
The official bonds of constables shall be $1,000.00, the premiums on said bonds to be paid by the persons making such bonds without expense to the county.
(Code 1852, §717; Code 1867, §848; Code 1876, §764; Code 1886, §846; Code 1896, §974; Code 1907, §3327; Code 1923, §6797; Acts 1933, Ex. Sess., No. 191, p. 203, §§1, 14; Code 1940, T. 41, §94; Code 1940, T. 54, §31.)
Every constable shall be a conservator of the peace within his county.
(Code 1852, §718; Code 1867, §849; Code 1876, §765; Code 1886, §847; Code 1896, §975; Code 1907, §3328; Code 1923, §6798; Code 1940, T. 54, §32.)
It shall be the duty of every constable:
(1) To attend the circuit court of the county when summoned by the sheriff for that purpose;
(2) To execute and return all summons, executions and other process directed to him by any lawful authority;
(3) To pay over moneys collected by virtue of his office to the person entitled thereto; and
(4) To perform such other duties as are or may be required of him by law.
(Code 1852, §719; Code 1867, §850; Code 1876, §766; Code 1886, §848; Code 1896, §976; Code 1907, §3329; Code 1923, §6799; Code 1940, T. 54, §33.)
AMENDED BY ACT 2026-423, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
The constable shall vacate his office by removal from the election precinct for which he is elected.
(Code 1852, §720; Code 1867, §851; Code 1876, §767; Code 1886, §849; Code 1896, §977; Code 1907, §3330; Code 1923, §6800; Code 1940, T. 54, §34.)
When the office of constable is vacant or the constable is interested in an action, or in case of emergency, the execution or attachment must be executed by any constable of the county in whose hands the process may be placed or may be executed by the sheriff as in other cases.
(Code 1896, §979; Code 1907, §3332; Code 1923, §6802; Code 1940, T. 54, §36.)
The constable and sureties on his bond are responsible for moneys received by him by virtue of his office upon any summons, attachment or execution issued by any lawful authority, whether the same is received before or after judgment or before or after the return day of the execution.
(Code 1852, §2810; Code 1867, §3256; Code 1876, §3653; Code 1886, §851; Code 1896, §980; Code 1907, §3333; Code 1923, §6803; Code 1940, T. 54, §37.)
Whenever by lack of space in the Capitol it is impossible or impracticable to provide proper and sufficient office accommodation in the Capitol for every state officer who is entitled or required to have an office at the Capitol, the Governor, with the approval of the Department of Finance, may in his discretion rent in the City of Montgomery for the use of such officer suitable and adequate offices, for such length of time as may be suitable or expedient, and may agree with the lessor of such office on a reasonable rental therefor.
(Acts 1911, No. 323, p. 376, §1; Code 1923, §2571; Code 1940, T. 41, §29.)
The rental agreed on shall be paid at such times or in such installments as may be agreed on between the lessor of such office or offices and the state out of any funds in the Treasury, and the Comptroller shall draw his warrant in favor of such lessor for such sum on the certificate of the Governor. The amount of rental provided for under this chapter shall not exceed the amount of $40,000.00 per annum.
(Acts 1911, No. 323, p. 376, §2; Code 1923, §2572; Code 1940, T. 41, §30; Acts 1949, No. 441, p. 651, §1.)
All such rental contracts shall be terminated if the property rented shall be destroyed or shall be suffered by the landlord to become, for any reason, unfit or unsuitable for the purposes for which rented.
(Acts 1911, No. 323, p. 376, §3; Code 1923, §2573; Code 1940, T. 41, §31.)
Such offices, so rented, shall not be used for any other purpose than in the discharge of the official duties of the officer for whose use it is provided.
(Acts 1911, No. 323, p. 376, §4; Code 1923, §2574; Code 1940, T. 41, §32.)
Whenever used in this chapter, the following words and terms shall have the following meanings:
(1) BUSINESS. Any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, or any other legal entity.
(2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the person or a member of his or her family is an officer, owner, partner, board of director member, employee, or holder of more than five percent of the fair market value of the business.
(3) CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in Section 17-5-2.
(4) COMMISSION. The State Ethics Commission.
(5) COMPLAINT. Written allegation or allegations that a violation of this chapter has occurred.
(6) COMPLAINANT. A person who alleges a violation or violations of this chapter by filing a complaint against a respondent.
(7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this chapter, together with any statement, conversations, knowledge of evidence, or information received from the complainant, witness, or other person related to such complaint.
(8) CONFLICT OF INTEREST. A conflict on the part of a public official or public employee between his or her private interests and the official responsibilities inherent in an office of public trust. A conflict of interest involves any action, inaction, or decision by a public official or public employee in the discharge of his or her official duties which would materially affect his or her financial interest or those of his or her family members or any business with which the person is associated in a manner different from the manner it affects the other members of the class to which he or she belongs. A conflict of interest shall not include any of the following:
a. A loan or financial transaction made or conducted in the ordinary course of business.
b. An occasional nonpecuniary award publicly presented by an organization for performance of public service.
c. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for the personal attendance of a public official or public employee at a convention or other meeting at which he or she is scheduled to meaningfully participate in connection with his or her official duties and for which attendance no reimbursement is made by the state.
d. Any campaign contribution, including the purchase of tickets to, or advertisements in journals, for political or testimonial dinners, if the contribution is actually used for political purposes and is not given under circumstances from which it could reasonably be inferred that the purpose of the contribution is to substantially influence a public official in the performance of his or her official duties.
(9) DAY. Calendar day.
(10) DEPENDENT. Any person, regardless of his or her legal residence or domicile, who receives 50 percent or more of his or her support from the public official or public employee or his or her spouse or who resided with the public official or public employee for more than 180 days during the reporting period.
(11) DE MINIMIS. A value twenty-five dollars ($25) or less per occasion and an aggregate of fifty dollars ($50) or less in a calendar year from any single provider, or such other amounts as may be prescribed by the Ethics Commission from time to time by rule pursuant to the Administrative Procedure Act or adjusted each four years from August 1, 2012, to reflect any increase in the cost of living as indicated by the United States Department of Labor Consumer Price Index or any succeeding equivalent index.
(12) ECONOMIC DEVELOPMENT FUNCTION. Any function reasonably and directly related to the advancement of a specific, good-faith economic development or trade promotion project or objective.
(13) EDUCATIONAL FUNCTION. A meeting, event, or activity held within the State of Alabama, or if the function is predominantly attended by participants from other states, held within the continental United States, which is organized around a formal program or agenda of educational or informational speeches, debates, panel discussions, or other presentations concerning matters within the scope of the participants’ official duties or other matters of public policy, including social services and community development policies, economic development or trade, ethics, government services or programs, or government operations, and which, taking into account the totality of the program or agenda, could not reasonably be perceived as a subterfuge for a purely social, recreational, or entertainment function.
(14) FAMILY MEMBER OF THE PUBLIC EMPLOYEE. The spouse or a dependent of the public employee.
(15) FAMILY MEMBER OF THE PUBLIC OFFICIAL. The spouse, a dependent, an adult child and his or her spouse, a parent, a spouse’s parents, a sibling and his or her spouse, of the public official.
(16) GOVERNMENTAL CORPORATIONS AND AUTHORITIES. Public or private corporations and authorities, including but not limited to, hospitals or other health care corporations, established pursuant to state law by state, county, or municipal governments for the purpose of carrying out a specific governmental function. Notwithstanding the foregoing, all employees, including contract employees, of hospitals or other health care corporations and authorities are exempt from the provisions of this chapter.
(17) HOUSEHOLD. The public official, public employee, and his or her spouse and dependents.
(18) LAW ENFORCEMENT OFFICER. A full-time employee of a governmental unit responsible for the prevention or investigation of crime who is authorized by law to carry firearms, execute search warrants, and make arrests.
(19) LEGISLATIVE BODY. The term “legislative body” includes the following:
a. The Legislature of Alabama, which includes both the Senate of Alabama and the House of Representatives of Alabama, unless specified otherwise by the express language of any provision herein, and any committee or subcommittee thereof.
b. A county commission, and any committee or subcommittee thereof.
c. A city council, city commission, town council, or other municipal council or commission, and any committee or subcommittee thereof.
(20) LOBBY or LOBBYING. The practice of promoting, opposing, or in any manner influencing or attempting to influence the introduction, defeat, or enactment of legislation before any legislative body; opposing or in any manner influencing the executive approval, veto, or amendment of legislation; or the practice of promoting, opposing, or in any manner influencing or attempting to influence the enactment, promulgation, modification, or deletion of regulations before any regulatory body. The term does not include providing public testimony before a legislative body or regulatory body or any committee thereof.
(21) LOBBYIST.
a. The term lobbyist includes any of the following:
A person who receives compensation or reimbursement from another person, group, or entity to lobby.
A person who lobbies as a regular and usual part of employment, whether or not any compensation in addition to regular salary and benefits is received.
A consultant to the state, county, or municipal levels of government or their instrumentalities, in any manner employed to influence legislation or regulation, regardless whether the consultant is paid in whole or part from state, county, municipal, or private funds.
An employee, a paid consultant, or a member of the staff of a lobbyist, whether or not he or she is paid, who regularly communicates with members of a legislative body regarding pending legislation and other matters while the legislative body is in session.
b. The term lobbyist does not include any of the following:
An elected official on a matter which involves that person’s official duties.
A person or attorney rendering professional services in drafting bills or in advising clients and in rendering opinions as to the construction and effect of proposed or pending legislation, executive action, or rules or regulations, where those professional services are not otherwise connected with legislative, executive, or regulatory action.
Reporters and editors while pursuing normal reportorial and editorial duties.
Any citizen not lobbying for compensation who contacts a member of a legislative body, or gives public testimony on a particular issue or on particular legislation, or for the purpose of influencing legislation and who is merely exercising his or her constitutional right to communicate with members of a legislative body.
A person who appears before a legislative body, a regulatory body, or an executive agency to either sell or purchase goods or services.
A person whose primary duties or responsibilities do not include lobbying, but who may, from time to time, organize social events for members of a legislative body to meet and confer with members of professional organizations and who may have only irregular contacts with members of a legislative body when the body is not in session or when the body is in recess.
A person who is a member of a business, professional, or membership organization by virtue of the person’s contribution to or payment of dues to the organization even though the organization engages in lobbying activities.
A state governmental agency head or his or her designee who provides or communicates, or both, information relating to policy or positions, or both, affecting the governmental agencies which he or she represents.
(22) MINOR VIOLATION.
a. Any violation of this chapter in which the public official receives an economic gain in an amount less than one thousand five hundred dollars ($1,500) or the governmental entity has an economic loss of less than one thousand five hundred dollars ($1,500).
b. Any violation of this chapter by a public employee as determined in the discretion of the commission and the Attorney General or the district attorney for the appropriate jurisdiction based upon consideration of the following factors:
The public employee has made substantial or full restitution to the victim or victims.
The violation did not involve multiple participants.
The violation did not involve great monetary gain to the public employee or great monetary loss to the victim or victims.
The violation did not involve a high degree of sophistication or planning, did not occur over a lengthy period of time, or did not involve multiple victims and did not involve a single victim that was victimized more than once.
The public employee has resigned or been terminated from the position occupied during which the violation occurred and is otherwise not a current public employee.
(23) PERSON. A business, individual, corporation, partnership, union, association, firm, committee, club, or other organization or group of persons.
(24) PRINCIPAL. A person or business which employs, hires, or otherwise retains a lobbyist. A principal is not a lobbyist but is not allowed to give a thing of value.
(25) PROBABLE CAUSE. A finding that the allegations are more likely than not to have occurred.
(26) PUBLIC EMPLOYEE. Any person employed at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities, but excluding employees of hospitals or other health care corporations including contract employees of those hospitals or other health care corporations, who is paid in whole or in part from state, county, or municipal funds. For purposes of this chapter, a public employee does not include a person employed on a part-time basis whose employment is limited to providing professional services other than lobbying, the compensation for which constitutes less than 50 percent of the part-time employee’s income.
(27) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. For purposes of this chapter, a public official includes the chairs and vice-chairs or the equivalent offices of each state political party as defined in Section 17-13-40.
(28) REGULATORY BODY. A state agency which issues regulations in accordance with the Alabama Administrative Procedure Act or a state, county, or municipal department, agency, board, or commission which controls, according to rule or regulation, the activities, business licensure, or functions of any group, person, or persons.
(29) REPORTING PERIOD. The reporting official’s or employee’s fiscal tax year as it applies to his or her United States personal income tax return.
(30) REPORTING YEAR. The reporting official’s or employee’s fiscal tax year as it applies to his or her United States personal income tax return.
(31) RESPONDENT. A person alleged to have violated a provision of this chapter and against whom a complaint has been filed with the commission.
(32) STATEMENT OF ECONOMIC INTERESTS. A financial disclosure form made available by the commission which shall be completed and filed with the commission prior to April 30 of each year covering the preceding calendar year by certain public officials and public employees.
(33) SUPERVISOR. Any person having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, or discipline other public employees, or any person responsible to direct them, or to adjust their grievances, or to recommend personnel action, if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment.
(34) THING OF VALUE.
a. Any gift, benefit, favor, service, gratuity, tickets or passes to an entertainment, social or sporting event, unsecured loan, other than those loans and forbearances made in the ordinary course of business, reward, promise of future employment, or honoraria or other item of monetary value.
b. The term, thing of value, does not include any of the following, provided that no particular course of action is required as a condition to the receipt thereof:
A contribution reported under Chapter 5 of Title 17 or a contribution to an inaugural or transition committee.
Anything given by a family member of the recipient under circumstances which make it clear that it is motivated by a family relationship.
Anything given by a friend of the recipient under circumstances which make it clear that it is motivated by a friendship and not given because of the recipient’s official position. Relevant factors include whether the friendship preexisted the recipient’s status as a public employee, public official, or candidate and whether gifts have been previously exchanged between them.
Greeting cards, and other items, services with little intrinsic value which are intended solely for presentation, such as plaques, certificates, and trophies, promotional items commonly distributed to the general public, and items or services of de minimis value.
Loans from banks and other financial institutions on terms generally available to the public.
Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all government employees.
Rewards and prizes given to competitors in contests or events, including random drawings, which are open to the public.
Anything that is paid for by a governmental entity or an entity created by a governmental entity to support the governmental entity or secured by a governmental entity under contract, except for tickets to a sporting event offered by an educational institution to anyone other than faculty, staff, or administration of the institution.
Anything for which the recipient pays full value.
Compensation and other benefits earned from a non-government employer, vendor, client, prospective employer, or other business relationship in the ordinary course of employment or non-governmental business activities under circumstances which make it clear that the thing is provided for reasons unrelated to the recipient’s public service as a public official or public employee.
Any assistance provided or rendered in connection with a safety or a health emergency.
Payment of or reimbursement for actual and necessary transportation and lodging expenses, as well as waiver of registration fees and similar costs, to facilitate the attendance of a public official or public employee, and the spouse of the public official or public employee, at an educational function or widely attended event of which the person is a primary sponsor. This exclusion applies only if the public official or public employee meaningfully participates in the event as a speaker or a panel participant, by presenting information related to his or her agency or matters pending before his or her agency, or by performing a ceremonial function appropriate to his or her official position; or if the public official’s or public employee’s attendance at the event is appropriate to the performance of his or her official duties or representative function.
Payment of or reimbursement for actual and necessary transportation and lodging expenses to facilitate a public official’s or public employee’s participation in an economic development function.
Hospitality, meals, and other food and beverages provided to a public official or public employee, and the spouse of the public official or public employee, as an integral part of an educational function, economic development function, work session, or widely attended event, such as a luncheon, banquet, or reception hosted by a civic club, chamber of commerce, charitable or educational organization, or trade or professional association.
Any function or activity pre-certified by the Director of the Ethics Commission as a function that meets any of the above criteria.
Meals and other food and beverages provided to a public official or public employee in a setting other than any of the above functions not to exceed for a lobbyist twenty-five dollars ($25) per meal with a limit of one hundred fifty dollars ($150) per year; and not to exceed for a principal fifty dollars ($50) per meal with a limit of two hundred fifty dollars ($250) per year. Notwithstanding the foregoing, the lobbyist’s limits herein shall not count against the principal’s limits and likewise, the principal’s limits shall not count against the lobbyist’s limits.
Anything either (i) provided by an association or organization to which the state or, in the case of a local government official or employee, the local government pays annual dues as a membership requirement or (ii) provided by an association or organization to a public official who is a member of the association or organization and, as a result of his or her service to the association or organization, is deemed to be a public official. Further included in this exception is payment of reasonable compensation by a professional or local government association or corporation to a public official who is also an elected officer or director of the professional or local government association or corporation for services actually provided to the association or corporation in his or her capacity as an officer or director.
Any benefit received as a discount on accommodations, when the discount is given to the public official because the public official is a member of an organization or association whose entire membership receives the discount.
c. Nothing in this chapter shall be deemed to limit, prohibit, or otherwise require the disclosure of gifts through inheritance received by a public employee or public official.
(35) VALUE. The fair market price of a like item if purchased by a private citizen. In the case of tickets to social and sporting events and associated passes, the value is the face value printed on the ticket.
(36) WIDELY ATTENDED EVENT. A gathering, dinner, reception, or other event of mutual interest to a number of parties at which it is reasonably expected that more than 12 individuals will attend and that individuals with a diversity of views or interest will be present.
(Acts 1973, No. 1056, p. 1699, §2; Acts 1975, No. 130, p. 603, §1; Acts 1979, No. 79-698, p. 1241, §1; Acts 1982, No. 82-429, p. 677, §1; Acts 1986, No. 86-321, p. 475, §1; Acts 1995, No. 95-194, p. 269, §1; Acts 1997, No. 97-651, p. 1217, §1; Act 2010-764, 1st Sp. Sess., p. 29, §1; Act 2012-433, p. 1202, §1; Act 2012-509, p. 1507, §1; Act 2014-440, p. 1638, §1; Act 2018-515, §1.)
Lobbying includes promoting or attempting to influence the awarding of a grant or contract with any department or agency of the executive, legislative, or judicial branch of state government.
No member of the Legislature, for a fee, reward, or other compensation, in addition to that received in his or her official capacity, shall represent any person, firm, corporation, or other business entity before an executive department or agency.
(Act 2010-762, 1st Sp. Sess., p. 14, §1.)
(a) Notwithstanding any provision of law, including, but not limited to, this chapter, a person acting as an economic development professional is not a lobbyist, unless and until he or she seeks incentives through legislative action, or is seeking funds over which a legislator or legislative delegation has discretionary control, that are above and beyond, or in addition to, the then current statutory or constitutional authorization.
(b) For purposes of this section, an economic development professional is a person employed to advance specific, good faith economic development or trade promotion projects or related objectives for his or her employer, a professional services entity, or a chamber of commerce or similar nonprofit economic development organization in the State of Alabama.
(c) For the purposes of this section, the term economic development professional does not include public officials, public employees, legislators, nor any former legislator within two years of the end of the term for which he or she was elected.
(d) This section shall not apply to any person that is otherwise required to register as a lobbyist.
(e) This section shall be repealed on April 1, 2019.
(Act 2018-541, §3.)
(a) Notwithstanding any provision of law, including, but not limited to, this chapter, an individual acting as an economic development professional is not a lobbyist, unless and until he or she seeks incentives through legislative action in the Legislature, that are above and beyond, or in addition to, the then current statutory or constitutional authorization.
(b) For purposes of this section, an economic development professional is an individual seeking to advance specific, good faith economic development or trade promotion projects or related objectives for a business, chamber of commerce or similar nonprofit economic development organization in the State of Alabama, a city, a county, a political subdivision of the state, or a governmental corporation or authority.
(c) For the purposes of this section, the term economic development professional does not include elected officials, legislators, nor any former legislator within two years of the end of the term for which he or she was elected.
(d) This section shall not apply to any person that is otherwise required to register as a lobbyist.
(Act 2019-52, §1.)
(a) The Legislature hereby finds and declares:
(1) It is essential to the proper operation of democratic government that public officials be independent and impartial.
(2) Governmental decisions and policy should be made in the proper channels of the governmental structure.
(3) No public office should be used for private gain other than the remuneration provided by law.
(4) It is important that there be public confidence in the integrity of government.
(5) The attainment of one or more of the ends set forth in this subsection is impaired whenever there exists a conflict of interest between the private interests of a public official or a public employee and the duties of the public official or public employee.
(6) The public interest requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of public officials and public employees in situations where conflicts exist.
(b) It is also essential to the proper operation of government that those best qualified be encouraged to serve in government. Accordingly, legal safeguards against conflicts of interest shall be so designed as not to unnecessarily or unreasonably impede the service of those men and women who are elected or appointed to do so. An essential principle underlying the staffing of our governmental structure is that its public officials and public employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, except where conflicts with the responsibility of public officials and public employees to the public cannot be avoided.
(c) The Legislature declares that the operation of responsible democratic government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to the legislative bodies and to officials of the Executive Branch, their opinions on legislation, on pending governmental actions, and on current issues. To preserve and maintain the integrity of the legislative and administrative processes, it is necessary that the identity, expenditures, and activities of certain persons who engage in efforts to persuade members of the legislative bodies or members of the Executive Branch to take specific actions, either by direct communication to these officials, or by solicitation of others to engage in such efforts, be publicly and regularly disclosed. This chapter shall be liberally construed to promote complete disclosure of all relevant information and to insure that the public interest is fully protected.
(d) It is the policy and purpose of this chapter to implement these objectives of protecting the integrity of all governmental units of this state and of facilitating the service of qualified personnel by prescribing essential restrictions against conflicts of interest in public service without creating unnecessary barriers thereto.
(Acts 1973, No. 1056, p. 1699, §1; Acts 1975, No. 130, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) There is hereby created a State Ethics Commission composed of five members, each of whom shall be a fair, equitable citizen of this state and of high moral character and ability. The following persons shall not be eligible to be appointed as members: (1) a public official; (2) a candidate; (3) a registered lobbyist and his or her principal; or (4) a former employee of the commission. No member of the commission shall be eligible for reappointment to succeed himself or herself. The members of the commission shall be appointed by the following officers: The Governor, the Lieutenant Governor, or in the absence of a Lieutenant Governor, the Presiding Officer of the Senate, and the Speaker of the House of Representatives. Appointments shall be subject to Senate confirmation and persons appointed shall assume their duties upon confirmation by the Senate. The members of the first commission shall be appointed for terms of office expiring one, two, three, four, and five years, respectively, from September 1, 1975. Successors to the members of the first commission shall serve for a term of five years beginning service on September 1 of the year appointed and serving until their successors are appointed and confirmed. If at any time there should be a vacancy on the commission, a successor member to serve for the unexpired term applicable to such vacancy shall be appointed by the Governor. The commission shall elect one member to serve as chair of the commission and one member to serve as vice chair. The vice chair shall act as chair in the absence or disability of the chair or in the event of a vacancy in that office.
Beginning with the first vacancy on the Ethics Commission after October 1, 1995, if there is not a Black member serving on the commission, that vacancy shall be filled by a Black appointee. Any vacancy thereafter occurring on the commission shall also be filled by a Black appointee if there is no Black member serving on the commission at that time.
Beginning with the first vacancy on the State Ethics Commission after January 1, 2011, the commission shall always have as a member a State of Alabama-licensed attorney in good standing.
Beginning with the first vacancy on the State Ethics Commission after January 1, 2016, the commission shall always have as a member a former elected public official who served at least two terms of office.
(b) A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission, and three members thereof shall constitute a quorum.
(c) The commission shall at the close of each fiscal year, or as soon thereafter as practicable, report to the Legislature and the Governor concerning the actions it has taken, the name, salary, and duties of the director, the names and duties of all individuals in its employ, the money it has disbursed, other relevant matters within its jurisdiction, and such recommendations for legislation as the commission deems appropriate.
(d) Members of the commission, while serving on the business of the commission, shall be entitled to receive compensation at the rate of fifty dollars ($50) per day, and each member shall be paid his or her travel expenses incurred in the performance of his or her duties as a member of the commission as other state employees and officials are paid when approved by the chair. If for any reason a member of the commission wishes not to claim and accept the compensation or travel expenses, the member shall inform the director, in writing, of the refusal. The member may at any time during his or her term begin accepting compensation or travel expenses; however, the member’s refusal for any covered period shall act as an irrevocable waiver for that period.
(e) All members, officers, agents, attorneys, and employees of the commission shall be subject to this chapter. The director, members of the commission, and all employees of the commission may not engage in partisan political activity, including the making of campaign contributions, on the state, county, and local levels. The prohibition shall in no way act to limit or restrict such persons’ ability to vote in any election.
(f) The commission shall appoint a full-time director. Appointment of the director shall be subject to Senate confirmation, and the person appointed shall assume his or her duties upon confirmation by the Senate. If the Senate fails to vote on an appointee’s confirmation before adjourning sine die during the session in which the director is appointed, the appointee is deemed to be confirmed. No appointee whose confirmation is rejected by the Senate may be reappointed. The director shall serve at the pleasure of the commission and shall appoint such other employees as needed. All such employees, except the director, shall be employed subject to the state Merit System law, and their compensation shall be prescribed pursuant to that law. The employment of attorneys shall be subject to subsection (h). The compensation of the director shall be fixed by the commission, payable as the salaries of other state employees. The director shall be responsible for the administrative operations of the commission and shall administer this chapter in accordance with the commission’s policies. No rule shall be implemented by the director until adopted by the commission in accordance with Sections 41-22-1 to 41-22-27, inclusive, the Alabama Administrative Procedure Act.
(g) The director may appoint part-time stenographic reporters or certified court reporters, as needed, to take and transcribe the testimony in any formal or informal hearing or investigation before the commission or before any person authorized by the commission. The reporters are not full-time employees of the commission, are not subject to the Merit System law, and may not participate in the State Retirement System.
(h) The director, with the approval of the Attorney General, may appoint competent attorneys as legal counsel for the commission. Each attorney so appointed shall be of good moral and ethical character, licensed to practice law in this state, and be a member in good standing of the Alabama State Bar Association. Each attorney shall be commissioned as an assistant or deputy attorney general and, in addition to the powers and duties herein conferred, shall have the authority and duties of an assistant or deputy attorney general, except, that his or her entire time shall be devoted to the commission. Each attorney shall act on behalf of the commission in actions or proceedings brought by or against the commission pursuant to any law under the commission’s jurisdiction or in which the commission joins or intervenes as to a matter within the commission’s jurisdiction or as a friend of the court or otherwise.
(i) The director shall designate in writing the chief investigator, should there be one, and a maximum of eight full-time investigators who shall be and are hereby constituted law enforcement officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the laws of this state pertaining to the operation and administration of the commission and this chapter. Investigators shall meet the requirements of the Alabama Peace Officers’ Standards and Training Act, Sections 36-21-40 to 36-21-51, inclusive, and shall in all ways and for all purposes be considered law enforcement officers entitled to all benefits provided in Section 36-15-6(f). Notwithstanding the foregoing, the investigators shall only exercise their power of arrest as granted under this chapter pursuant to an order issued by a court of competent jurisdiction.
(Acts 1973, No. 1056, p. 1699, §17; Acts 1995, No. 95-194, p. 269, §1; Act 2009-225, p. 401, §1; Act 2010-763, 1st Sp. Sess., p. 17, §1; Act 2015-495, §1.)
(a) The commission shall do all of the following:
(1) Prescribe forms for statements required to be filed by this chapter and make the forms available to persons required to file such statements.
(2) Prepare guidelines setting forth recommended uniform methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements of this chapter.
(4) Develop, where practicable, a filing, coding, and cross-indexing system consistent with the purposes of this chapter.
(5) Make reports and statements filed with the commission available during regular business hours and online via the Internet to public inquiry subject to such regulations as the commission may prescribe.
(6) Preserve reports and statements for a period consistent with the statute of limitations as contained in this chapter. The reports and statements, when no longer required to be retained, shall be disposed of by shredding the reports and statements and disposing of or recycling them, or otherwise disposing of the reports and statements in any other manner prescribed by law. Nothing in this section shall in any manner limit the Department of Archives and History from receiving and retaining any documents pursuant to existing law.
(7) Make investigations with respect to statements filed pursuant to this chapter, and with respect to alleged failures to file, or omissions contained therein, any statement required pursuant to this chapter and, upon complaint by any individual, with respect to alleged violation of any part of this chapter to the extent authorized by law. When in its opinion a thorough audit of any person or any business should be made in order to determine whether this chapter has been violated, the commission shall direct the Examiner of Public Accounts to have an audit made and a report thereof filed with the commission. The Examiner of Public Accounts, upon receipt of the directive, shall comply therewith.
(8) Report suspected violations of law to the appropriate law-enforcement authorities.
(9) Issue and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances. Such advisory opinions shall be adopted by a majority vote of the members of the commission present and shall be effective and deemed valid until expressly overruled or altered by the commission or a court of competent jurisdiction. The written advisory opinions of the commission shall protect the person at whose request the opinion was issued and any other person reasonably relying, in good faith, on the advisory opinion in a materially like circumstance from liability to the state, a county, or a municipal subdivision of the state because of any action performed or action refrained from in reliance of the advisory opinion. Nothing in this section shall be deemed to protect any person relying on the advisory opinion if the reliance is not in good faith, is not reasonable, or is not in a materially like circumstance. The commission may impose reasonable charges for publication of the advisory opinions and monies shall be collected, deposited, dispensed, or retained as provided herein. On October 1, 1995, all prior advisory opinions of the commission in conflict with this chapter, shall be ineffective and thereby deemed invalid and otherwise overruled unless there has been any action performed or action refrained from in reliance of a prior advisory opinion.
(10) Initiate and continue, where practicable, programs for the purpose of educating candidates, officials, employees, and citizens of Alabama on matters of ethics in government service.
(11) In accordance with Sections 41-22-1 to 41-22-27, inclusive, the Alabama Administrative Procedure Act, prescribe, publish, and enforce rules to carry out this chapter.
(b) Additionally, the commission shall work with the Secretary of State to implement the reporting requirements of the Alabama Fair Campaign Practices Act and shall do all of the following:
(1) Approve all forms required by the Fair Campaign Practices Act.
(2) Suggest accounting methods for candidates, principal campaign committees, and political action committees in connection with reports and filings required by the Fair Campaign Practices Act.
(3) Approve a retention policy for all reports, filings, and underlying documentation required by the Fair Campaign Practices Act.
(4) Approve a manual for all candidates, principal campaign committees, and political action committees, describing the requirements of the Fair Campaign Practices Act that shall be published by the Secretary of State.
(5) Investigate and hold hearings for receiving evidence regarding alleged violations of the Fair Campaign Practices Act as set forth in this chapter that demonstrates a likelihood that the Fair Campaign Practices Act has been violated.
(6) Conduct or authorize audits of any filings required under the Fair Campaign Practices Act if evidence exists that an audit is warranted because of the filing of a complaint in the form required by this chapter or if there exists a material discrepancy or conflict on the face of any filing required by the Fair Campaign Practices Act.
(7) Affirm, set aside, or reduce civil penalties as provided in Section 17-5-19.2.
(8) Refer all evidence and information necessary to the Attorney General or appropriate district attorney for prosecution of any criminal violation of the Fair Campaign Practices Act as set forth in this chapter.
(9) Make investigations with respect to statements filed pursuant to the Fair Campaign Practices Act, and with respect to alleged failures to file, or omissions contained therein, any statement required pursuant to the Fair Campaign Practices Act and, upon complaint by any individual, with respect to alleged violation of any part of that act to the extent authorized by law. When in its opinion a thorough audit of any person or any business should be made in order to determine whether the Fair Campaign Practices Act has been violated, the commission shall direct the Examiner of Public Accounts to have an audit made and a report thereof filed with the commission. The Examiner of Public Accounts, upon receipt of the directive, shall comply therewith.
(10) Issue and publish advisory opinions on the requirements of the Fair Campaign Practices Act, based on a real or hypothetical set of circumstances. Such advisory opinions shall be adopted by a majority vote of the members of the commission present and shall be effective and deemed valid until expressly overruled or altered by the commission or a court of competent jurisdiction. The written advisory opinions of the commission shall protect the person at whose request the opinion was issued and any other person reasonably relying, in good faith, on the advisory opinion in a materially like circumstance from liability of any kind because of any action performed or action refrained from in reliance of the advisory opinion. Nothing in this section shall be deemed to protect any person relying on the advisory opinion if the reliance is not in good faith, is not reasonable, or is not in a materially like circumstance. The commission may impose reasonable charges for publication of the advisory opinions and monies shall be collected, deposited, dispensed, or retained as provided herein.
(11) In accordance with Sections 41-22-1 to 41-22-27, inclusive, the Alabama Administrative Procedure Act, prescribe, publish, and enforce rules to carry out this section.
(c) Except as necessary to permit the sharing of information and evidence with the Attorney General or a district attorney, a complaint filed pursuant to this chapter or the Fair Campaign Practices Act, together with any statement, evidence, or information received from the complainant, witnesses, or other persons shall be protected by and subject to the same restrictions relating to secrecy and nondisclosure of information, conversation, knowledge, or evidence of Sections 12-16-214 to 12-16-216, inclusive, except that a violation of this section shall constitute a Class C felony. Such restrictions shall apply to all investigatory activities taken by the director, the commission, or a member thereof, staff, employees, or any person engaged by the commission in response to a complaint filed with the commission and to all proceedings relating thereto before the commission. Such restrictions shall also apply to all information and evidence supplied to the Attorney General or district attorney.
(d) The commission shall not take any investigatory action on a telephonic or written complaint against a respondent so long as the complainant remains anonymous. Investigatory action on a complaint from an identifiable source shall not be initiated until the true identity of the source has been ascertained and written verification of such ascertainment is in the commission’s files. The complaint may only be filed by a person who has or persons who have credible and verifiable information supporting the allegations contained in the complaint. A complainant may not file a complaint for another person or persons in order to circumvent this subsection. Prior to commencing any investigation, the commission shall: (1) receive a written and signed complaint which sets forth in detail the specific charges against a respondent, and the factual allegations which support such charges; and (2) the director shall conduct a preliminary inquiry in order to make an initial determination that the complaint, on its face alleges facts which if true, would constitute a violation of this chapter or the Fair Campaign Practices Act and that reasonable cause exists to conduct an investigation. If the director determines that the complaint does not allege a violation or that reasonable cause does not exist, the charges shall be dismissed, but such action must be reported to the commission. The commission shall be entitled to authorize an investigation upon written consent of four commission members, upon an express finding that probable cause exists that a violation or violations of this chapter or the Fair Campaign Practices Act have occurred. Upon the commencement of any investigation, the Alabama Rules of Criminal Procedure as applicable to the grand jury process promulgated by the Alabama Supreme Court shall apply and shall remain in effect until the complaint is dismissed or disposed of in some other manner. A complaint may be initiated by a vote of four members of the commission, provided, however, that the commission shall not conduct the hearing, but rather the hearing shall be conducted by three active or retired judges, who shall be appointed by the Chief Justice of the Alabama Supreme Court, at least one of whom shall be Black. The three-judge panel shall conduct the hearing in accordance with the procedures contained in this chapter and in accordance with the rules of the commission. If the three-judge panel unanimously finds that a person covered by this chapter has violated it or that the person covered by the Fair Campaign Practices Act has violated that act, the three-judge panel shall forward the case to the district attorney for the jurisdiction in which the alleged acts occurred or to the Attorney General. In all matters that come before the commission concerning a complaint on an individual, the laws of due process shall apply.
(e) Not less than 45 days prior to any hearing before the commission, the respondent shall be given notice that a complaint has been filed against him or her and shall be given a summary of the charges contained therein. Upon the timely request of the respondent, a continuance of the hearing for not less than 30 days shall be granted for good cause shown. The respondent charged in the complaint shall have the right to be represented by retained legal counsel. The commission may not require the respondent to be a witness against himself or herself.
(f) The commission shall provide discovery to the respondent pursuant to the Alabama Rules of Criminal Procedure as promulgated by the Alabama Supreme Court.
(g)(1) All fees, penalties, and fines collected by the commission pursuant to this chapter shall be deposited into the State General Fund.
(2) All monies collected as reasonable payment of costs for copying, reproductions, publications, and lists shall be deemed a refund against disbursement and shall be deposited into the appropriate fund account for the use of the commission.
(h) In the course of an investigation, the commission may subpoena witnesses and compel their attendance and may also require the production of books, papers, documents, and other evidence. If any person fails to comply with any subpoena lawfully issued, or if any witness refuses to produce evidence or to testify as to any matter relevant to the investigation, it shall be the duty of any court of competent jurisdiction or the judge thereof, upon the application of the director, to compel obedience upon penalty for contempt, as in the case of disobedience of a subpoena issued for such court or a refusal to testify therein. A subpoena may be issued only upon the vote of four members of the commission upon the express written request of the director. The subpoena shall be subject to Rules 17.1, 17.2, 17.3, and 17.4 of the Alabama Rules of Criminal Procedure. The commission upon seeking issuance of the subpoena shall serve a notice to the recipient of the intent to serve such subpoena. Upon the expiration of 10 days from the service of the notice and the proposed subpoena shall be attached to the notice. Any person or entity served with a subpoena may serve an objection to the issuance of the subpoena within 10 days after service of the notice on the grounds set forth under Rule 17.3(c) of the Alabama Rules of Criminal Procedure, and in such event the subpoena shall not issue until an order to dismiss, modify, or issue the subpoena is entered by a state court of proper jurisdiction, the order to be entered within 30 days after making of the objection. Any vote taken by the members of the commission relative to the issuance of a subpoena shall be protected by and subject to the restrictions relating to secrecy and nondisclosure of information, conversation, knowledge, or evidence of Sections 12-16-214 to 12-16-216, inclusive.
(i) After receiving or initiating a complaint, the commission has 180 days to determine whether probable cause exists. At the expiration of 180 days from the date of receipt or commencement of a complaint, if the commission does not find probable cause, the complaint shall be deemed dismissed and cannot be reinstated based on the same facts alleged in the complaint. Upon good cause shown from the general counsel and chief investigator, the director may request from the commission a one-time extension of 180 days. Upon the majority vote of the commission, the staff may be granted a one-time extension of 180 days in which to complete the investigation. If the commission finds probable cause that a person covered by this chapter has violated it or that the person covered by the Fair Campaign Practices Act has violated that act, the case and the commission’s findings shall be forwarded to the district attorney for the jurisdiction in which the alleged acts occurred or to the Attorney General. The case, along with the commission’s findings, shall be referred for appropriate legal action. Nothing in this section shall be deemed to limit the commission’s ability to take appropriate legal action when so requested by the district attorney for the appropriate jurisdiction or by the Attorney General.
(j) Within 180 days of receiving a case referred by the commission, the Attorney General or district attorney to whom the case was referred may, upon written request of the commission notify the commission, in writing, stating whether he or she intends to take action against the respondent, including an administrative disposition or settlement, conduct further investigation, or close the case without taking action. If the Attorney General or district attorney decides to pursue the case, he or she, upon written request of the commission, may inform the commission of the final disposition of the case. The written information pursuant to this section shall be maintained by the commission and made available upon request as a public record. The director may request an oral status update from the Attorney General or district attorney from time to time.
(Acts 1973, No. 1056, p. 1699, §18; Acts 1975, No. 130, p. 603, §1; Acts 1979, No. 79-460, p. 814, §1; Acts 1995, No. 95-194, p. 269, §1; Act 2010-763, 1st Sp. Sess., p. 17, §1; Act 2015-495, §1.)
Notwithstanding any other law, regulation, or rule, no complaints shall be made available to the public or available on the Internet until the disposition of the matter. In no event may a complaint be made public or available on the Internet if the complaint is dismissed or found not to have probable cause. In the matters where the complaint is dismissed or found not to have probable cause, only the disposition of the matter may be made available to the public or available on the Internet. Nothing in this section shall be deemed a direct grant of authority for the commission to publicize or make available on the Internet any complaint or investigation if not permitted by any other law, regulation, or rule.
(Act 2010-763, 1st Sp. Sess., p. 17, §2.)
(a) At the beginning of each legislative quadrennium, the State Ethics Commission shall provide for and administer training programs on the state ethics laws for members of the Legislature, state constitutional officers, cabinet officers, executive staff, municipal mayors, council members and commissioners, county commissioners, and lobbyists.
(1) The training program for legislators shall be held at least once at the beginning of each quadrennium for members of the Legislature. An additional training program shall be held if any changes are made to this chapter, and shall be held within three months of the effective date of the changes. The time and place of the training programs shall be determined by the Executive Director of the State Ethics Commission and the Legislative Council. Each legislator must attend the training programs. The State Ethics Commission shall also provide a mandatory program for any legislator elected in a special election within three months of the date that the legislator assumes office.
(2) The training program for the state constitutional officers, cabinet members, and executive staff, as determined by the Governor, shall be held within the first 30 days after the Governor has been sworn into office. An additional training program shall be held if any changes are made to this chapter, and shall be held within three months of the effective date of the changes. The specific date of the training program shall be established by the Executive Director of the State Ethics Commission with the advice of the Governor and other constitutional officers.
(3) The training program for lobbyists shall be held four times annually as designated by the Executive Director of the State Ethics Commission, the first of which shall be held within the first 30 days of the year. Each lobbyist must attend a training program within 90 days of registering as a lobbyist. A lobbyist who fails to attend a training program shall not be allowed to lobby the Legislature, Executive Branch, Judicial Branch, public officials, or public employees. After attending one training program, a lobbyist shall not be required to attend an additional training program unless any changes are made to this chapter. Additional mandatory training program shall be held within three months of the effective date of the changes.
(4) All municipal mayors, council members and commissioners, county commissioners, and members of any local board of education in office as of January 1, 2011, shall obtain training within 120 days of that date. Thereafter, all municipal mayors, council members and commissioners, county commissioners, and members of local boards of education shall obtain training within 120 days of being sworn into office. Training shall be available online and may be conducted either online or in person. Evidence of completion of the training shall be provided to the commission via an electronic reporting system provided on the official website. The scheduling of training opportunities for municipal mayors, council members and commissioners, and county commissioners shall be established by the Executive Director of the State Ethics Commission with the advice and assistance of the Alabama League of Municipalities and the Association of County Commissions of Alabama. Any provision of this section to the contrary notwithstanding, the training for county commissioners required by this subdivision shall be satisfied by the successful completion of the 10-hour course on ethical requirements of public officials provided by the Buddy Sharpless Education Institute established pursuant to Article 2 of Chapter 3 of Title 11. The Buddy Sharpless Education Institute shall quarterly provide written notice to the State Ethics Commission the names of those county commissioners completing the institute’s program.
(b) The curriculum of each session and faculty for the training program shall be determined by the Executive Director of the State Ethics Commission. The curriculum shall include, but not be limited to, a review of the current law, a discussion of actual cases and advisory opinions on which the State Ethics Commission has ruled, and a question and answer period for attendees. The faculty for the training program may include the staff of the State Ethics Commission, members of the faculties of the various law schools in the state, and other persons deemed appropriate by the Executive Director of the State Ethics Commission and shall include experts in the field of ethics law, persons affected by the ethics law, and members of the press and media.
(c) Except as provided herein, attendance at any session of the training program shall be mandatory, except in the event the person is suffering a catastrophic illness.
(d) This section shall not preclude the penalizing, prosecution, or conviction of any member of the Legislature, any public official, or public employee prior to such person attending a mandatory training program.
(e) All public employees required to file the Statement of Economic Interests required by Section 36-25-14, no later than May 1, 2011, shall participate in an online educational review of the state ethics laws provided on the official website of the commission. Employees hired after January 1, 2011, shall have 90 days to comply with this subsection. Evidence of completion of the educational review shall be provided to the commission via an electronic reporting system provided on the official website.
(Act 2010-762, 1st Sp. Sess., p. 14, §2; Act 2025-49, §1.)
(a) The commission, by April 1, 2012, shall implement and maintain each of the following:
(1) A system for electronic filing of all statements, reports, registrations, and notices required by this chapter.
(2) An electronic database accessible to the public through an Internet website which provides at least the following capabilities:
a. Search and retrieval of all statements, reports, and other filings required by this chapter, excluding complaints made confidential by Section 36-25-4(b), by the name of the public official or public employee to which they pertain.
b. Generation of an aggregate list of all things of value provided to each public official or public employee and family member of a public official or public employee as reported pursuant to Section 36-25-19, searchable and retrievable by the name of the public official or public employee.
(b) Notwithstanding subsection (a), the commission shall exclude from any electronic database accessible to the public, identifying information, as defined in Section 41-13-7, that is included in any statement of economic interest filed by any public official or public employee.
(c) The commission shall redact all identifying information on any electronic database accessible to the public, as defined in Section 41-13-7, that is included in any statement of economic interest filed by a public official or public employee and was in the database on August 1, 2013.
(Act 2010-762, 1st Sp. Sess., p. 14, §3; Act 2013-172, p. 320, §1; Act 2014-71, p. 118, §1.)
(a) Notwithstanding any other provision of law, prior to any hearing before the State Ethics Commission pursuant to Section 36-25-4(e), for a violation of this chapter or Chapter 5 of Title 17, or issuance of an order for administrative resolution of an alleged violation of this chapter or Chapter 5 of Title 17, whether by issuing an order or levying a fee or penalty, a lawyer or prosecutor assigned to, or employed by, the State Ethics Commission shall provide to the respondent alleged to have violated the law the complaint together with any statement, evidence, or information received from the complainant, witnesses, or other individuals or discovered in the course of the investigation; provided, however, any information provided to the respondent shall be kept confidential until the conclusion of any proceedings before the commission or any resulting prosecution.
(b) Upon referral of a case by the State Ethics Commission to the Attorney General or to a district attorney, all evidence obtained by, or in the possession of, the State Ethics Commission shall be provided upon referral to the prosecuting entity and may be disclosed pursuant to the Alabama Rules of Criminal Procedure or as otherwise provided by law.
(c) If the commission or its employees disclose information to the respondent that the commission or its employees believe is exculpatory, neither the commission nor its employees are liable for violating the restrictions relating to secrecy and nondisclosure of information provided in subsections (c) and (d) of Section 36-25-4.
(Act 2023-543, §1.)
(a) No public official or public employee shall use or cause to be used his or her official position or office to obtain personal gain for himself or herself, or family member of the public employee or family member of the public official, or any business with which the person is associated unless the use and gain are otherwise specifically authorized by law. Personal gain is achieved when the public official, public employee, or a family member thereof receives, obtains, exerts control over, or otherwise converts to personal use the object constituting such personal gain.
(b) Unless prohibited by the Constitution of Alabama of 1901, nothing herein shall be construed to prohibit a public official from introducing bills, ordinances, resolutions, or other legislative matters, serving on committees, or making statements or taking action in the exercise of his or her duties as a public official. A member of a legislative body may not vote for any legislation in which he or she knows or should have known that he or she has a conflict of interest.
(c) No public official or public employee shall use or cause to be used equipment, facilities, time, materials, human labor, or other public property under his or her discretion or control for the private benefit or business benefit of the public official, public employee, any other person, or principal campaign committee as defined in Section 17-22A-2, which would materially affect his or her financial interest, except as otherwise provided by law or as provided pursuant to a lawful employment agreement regulated by agency policy. Provided, however, nothing in this subsection shall be deemed to limit or otherwise prohibit communication between public officials or public employees and eleemosynary or membership organizations or such organizations communicating with public officials or public employees.
(d) No person shall solicit a public official or public employee to use or cause to be used equipment, facilities, time, materials, human labor, or other public property for such person’s private benefit or business benefit, which would materially affect his or her financial interest, except as otherwise provided by law.
(e) No public official or public employee shall, other than in the ordinary course of business, solicit a thing of value from a subordinate or person or business with whom he or she directly inspects, regulates, or supervises in his or her official capacity.
(f) A conflict of interest shall exist when a member of a legislative body, public official, or public employee has a substantial financial interest by reason of ownership of, control of, or the exercise of power over any interest greater than five percent of the value of any corporation, company, association, or firm, partnership, proprietorship, or any other business entity of any kind or character which is uniquely affected by proposed or pending legislation; or who is an officer or director for any such corporation, company, association, or firm, partnership, proprietorship, or any other business entity of any kind or character which is uniquely affected by proposed or pending legislation.
(Acts 1973, No. 1056, p. 1699, §3; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Act 2000-797, p. 1895, §1.)
(a) No lobbyist, subordinate of a lobbyist, or principal shall offer or provide a thing of value to a public employee or public official or to a family member of the public employee or family member of the public official; and no public employee or public official or family member of the public employee or family member of the public official shall solicit or receive a thing of value from a lobbyist, subordinate of a lobbyist, or principal. Notwithstanding the foregoing, a lobbyist, or principal may offer or provide and a public official, public employee, or candidate may solicit or receive items of de minimis value.
(b) A lobbyist does not provide a thing of value, for purposes of this section, merely by arranging, facilitating, or coordinating with his or her principal that is providing and paying for those items.
(Act 2010-764, 1st Sp. Sess., p. 29, §3.)
(a) For purposes of this section, the term state shall include the State of Alabama and any of its agencies, departments, political subdivisions, counties, colleges and universities and technical schools, the Legislature, the appellate courts, district courts, circuit courts and municipal courts, municipal corporations, and city and county school systems.
(b) Each public official and the spouse of each public official, as well as each candidate and the spouse of each candidate, who is employed by the state or the federal government or who has a contract with the state or the federal government, or who works for a company that receives 50% or more of its revenue from the state, shall notify the commission of such employment or contract within 30 days of beginning employment or within 30 days of the beginning of the contract. Additionally, each public official and the spouse of each public official, as well as each candidate and the spouse of each candidate, who is employed by the state or the federal government or who has a contract with the state or the federal government on August 14, 2011, shall notify the commission of such employment or contract by September 13, 2011. Notification shall be in the form of a filing as described in subsection (c).
(c) The filing with the commission shall include all of the following:
(1) The name of the public official or, when applicable, the name of the candidate.
(2) The name of the spouse of the public official or, when applicable, the name of the spouse of the candidate.
(3) The department or agency or county or municipality with whom the public official, candidate, or spouse is employed or with whom the public official, candidate, or spouse has a contract.
(4) The exact job description or, if applicable, a description of the contract.
(5) The beginning and ending dates of employment or, if applicable, the beginning and ending dates of the contract.
(6) The compensation, including any and all salary, allowances, and fees, received by the public official or his or her spouse or the candidate or his or her spouse.
(d) If the terms of employment or of the contract change, the public official or his or her spouse or the candidate or his or her spouse shall promptly provide updated information concerning the change with the commission, which shall revise such information in its files.
(e) Filings collected by the commission pursuant to this section are public record and shall be made available on the commission’s website.
(Act 2011-674, p. 1800, §1.)
Contributions to an office holder, a candidate, or to a public official’s inaugural or transitional fund shall not be converted to personal use.
(Acts 1973, No. 1056, p. 1699, §4; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Acts 1997, No. 97-651, p. 1217, §1.)
(a) No person shall offer or give to a public official or public employee or a member of the household of a public employee or a member of the household of the public official and none of the aforementioned shall solicit or receive anything for the purpose of corruptly influencing official action, regardless of whether or not the thing solicited or received is a thing of value.
(b) No public official or public employee shall solicit or receive anything for himself or herself or for a family member of the public employee or family member of the public official for the purpose of corruptly influencing official action, regardless of whether or not the thing solicited or received is a thing of value.
(c) No person shall offer or give a family member of the public official or family member of the public employee anything for the purpose of corruptly influencing official action, regardless of whether or not the thing offered or given is a thing of value.
(d) No public official or public employee, shall solicit or receive any money in addition to that received by the public official or public employee in an official capacity for advice or assistance on matters concerning the Legislature, lobbying a legislative body, an executive department or any public regulatory board, commission or other body of which he or she is a member. Notwithstanding the foregoing, nothing in this section shall be construed to prohibit a public official or public employee from the performance of his or her official duties or responsibilities.
(e) For purposes of this section, to act corruptly means to act voluntarily, deliberately, and dishonestly to either accomplish an unlawful end or result or to use an unlawful method or means to accomplish an otherwise lawful end or result.
(Acts 1973, No. 1056, p. 1699, §5; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Act 2010-764, 1st Sp. Sess., §2; Act 2011-632, p. 1505, §1.)
No public official, public employee, former public official or former public employee, for a period consistent with the statute of limitations as contained in this chapter, shall use or disclose confidential information gained in the course of or by reason of his or her position or employment in any way that could result in financial gain other than his or her regular salary as such public official or public employee for himself or herself, a family member of the public employee or family member of the public official, or for any other person or business.
(Acts 1973, No. 1056, p. 1699, §6; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) Unless expressly provided otherwise by law, no person shall serve as a member or employee of a state, county, or municipal regulatory board or commission or other body that regulates any business with which he is associated. Nothing herein shall prohibit real estate brokers, agents, developers, appraisers, mortgage bankers, or other persons in the real estate field, or other state-licensed professionals, from serving on any planning boards or commissions, housing authorities, zoning board, board of adjustment, code enforcement board, industrial board, utilities board, state board, or commission.
(b) All county or municipal regulatory boards, authorities, or commissions currently comprised of any real estate brokers, agents, developers, appraisers, mortgage bankers, or other persons in the real estate industry may allow these individuals to continue to serve out their current term if appointed before December 31, 1991, except that at the conclusion of such term subsequent appointments shall reflect that membership of real estate brokers and agents shall not exceed more than one less of a majority of any county or municipal regulatory board or commission effective January 1, 1994.
(c) No member of any county or municipal agency, board, or commission shall vote or participate in any matter in which the member or family member of the member has any financial gain or interest.
(d) All acts, actions, and votes taken by such local boards and commissions between January 1, 1991 and December 31, 1993 are affirmed and ratified.
(Acts 1973, No. 1056, p. 1699, §7; Acts 1975, No. 130, p. 603, §1; Acts 1992, No. 92-342, p. 719, §1; Acts 1995, No. 95-194, p. 269, §1.)
If a public official or public employee, or family member of the public employee or family member of the public official, or a business with which the person is associated, represents a client or constituent for a fee before any quasi-judicial board or commission, regulatory body, or executive department or agency, notice of the representation shall be given within 10 days after the first day of the appearance. Notice shall be filed with the commission in the manner prescribed by it. No member of the Legislature shall for a fee, reward, or other compensation represent any person, firm, or corporation before the Public Service Commission or the State Board of Adjustment.
(Acts 1973, No. 1056, p. 1699, §8; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
Unless exempt pursuant to Alabama competitive bid laws or otherwise permitted by law, no public official or public employee, or a member of the household of the public employee or the public official, and no business with which the person is associated shall enter into any contract to provide goods or services which is to be paid in whole or in part out of state, county, or municipal funds unless the contract has been awarded through a process of competitive bidding and a copy of the contract is filed with the commission. All such contract awards shall be made as a result of original bid takings, and no awards from negotiations after bidding shall be allowed. A copy of each contract, regardless of the amount, entered into by a public official, public employee, a member of the household of the public employee or the public official, and any business with which the person is associated shall be filed with the commission within 10 days after the contract has been entered into.
(Acts 1973, No. 1056, p. 1699, §9; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
No person shall offer or give to a member or employee of a governmental agency, board, or commission that regulates a business with which the person is associated, and no member or employee of a regulatory body, shall solicit or accept a thing of value while the member or employee is associated with the regulatory body other than in the ordinary course of business. In addition to the foregoing, the Commissioner of the Department of Agriculture and Industries and any candidate for the office of commissioner may not accept a campaign contribution from a person associated with a business regulated by the department.
(Acts 1973, No. 1056, p. 1699, § 10; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, § 1; Act 2001-474, p. 635, § 1.)
(a) No public official shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, department, or legislative body, of which he or she is a former member for a period of two years after he or she leaves such membership. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(b) Notwithstanding the provisions of subsection (a), no public official elected to a term of office shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer, before the board, agency, commission, department, or legislative body of which he or she is a former member for a period of two years following the term of office for which he or she was elected, irrespective of whether the member left the office prior to the expiration of the term to which he or she was elected. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(c) No public employee shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, or department, of which he or she is a former employee or worked pursuant to an arrangement such as a consulting agreement, agency transfer, loan, or similar agreement for a period of two years after he or she leaves such employment or working arrangement. For the purposes of this subsection, such prohibition shall not include a former employee of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(d) Except as specifically set out in this section, no public official, director, assistant director, department or division chief, purchasing or procurement agent having the authority to make purchases, or any person who participates in the negotiation or approval of contracts, grants, or awards or any person who negotiates or approves contracts, grants, or awards shall enter into, solicit, or negotiate a contract, grant, or award with the governmental agency of which the person was a member or employee for a period of two years after he or she leaves the membership or employment of such governmental agency. Notwithstanding the prohibition in this subsection a person serving full-time as the director or a department or division chief who has retired from a governmental agency may enter into a contract with the governmental agency of which the person was an employee for the specific purpose of providing assistance to the governmental agency during the transitional period following retirement, but only if all of the following conditions are met:
(1) The contract does not extend for more than three months following the date of retirement.
(2) The retiree is at all times in compliance with Section 36-27-8.2.
(3) The compensation paid to the retiree through the contract, when combined with the monthly retirement compensation paid to the retiree, does not exceed the gross monthly compensation paid to the retiree on the date of retirement.
(4) The contract is submitted to and approved by the Director of the Ethics Commission as satisfying the above conditions prior to the date the retiree begins work under the contract.
(e) Notwithstanding subsection (d), a municipality may rehire a retired law enforcement officer or a retired firefighter formerly employed by the municipality at any time to provide public safety services if all of the following conditions are satisfied:
(1) A local law is enacted authorizing the rehire of retired law enforcement officers or firefighters formerly employed by the municipality.
(2) The municipality rehiring a retiree provides a copy of the local law referenced in subdivision (1) to the Director of the Ethics Commission.
(3) Upon a determination to rehire a retired law enforcement officer or firefighter, the municipality immediately provides notice to the Director of the Ethics Commission that the former employee is being rehired.
(f) No public official or public employee who personally participates in the direct regulation, audit, or investigation of a private business, corporation, partnership, or individual shall within two years of his or her departure from such employment solicit or accept employment with such private business, corporation, partnership, or individual.
(g) No former public official or public employee of the state may, within two years after termination of office or employment, act as attorney for any person other than himself or herself or the state, or aid, counsel, advise, consult or assist in representing any other person, in connection with any judicial proceeding or other matter in which the state is a party or has a direct and substantial interest and in which the former public official or public employee participated personally and substantially as a public official or employee or which was within or under the public official or public employee’s official responsibility as an official or employee. This prohibition shall extend to all judicial proceedings or other matters in which the state is a party or has a direct and substantial interest, whether arising during or subsequent to the public official or public employee’s term of office or employment.
(h) Nothing in this chapter shall be deemed to limit the right of a public official or public employee to publicly or privately express his or her support for or to encourage others to support and contribute to any candidate, political committee as defined in Section 17-22A-2 [sic], referendum, ballot question, issue, or constitutional amendment.
(Acts 1973, No. 1056, p. 1699, §11; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Act 2014-440, p. 1638, §1;Act 2016-128, §1; Act 2017-364, §1.)
(a) A statement of economic interests shall be completed and filed in accordance with this chapter with the commission no later than April 30 of each year covering the period of the preceding calendar year by each of the following:
(1) All elected public officials at the state, county, or municipal level of government or their instrumentalities.
(2) Any individual appointed as a public official and any individual employed as a public employee at the state, county, or municipal level of government or their instrumentalities who occupies a position whose base pay is seventy-five thousand dollars ($75,000) or more annually, as adjusted by the commission by January 31 of each year to reflect changes in the U.S. Department of Labor’s Consumer Price Index, or a successor index.
(3) All candidates, provided the statement is filed in accordance with Section 36-25-15.
(4) Members of the Alabama Ethics Commission; appointed members of boards and commissions having statewide jurisdiction (but excluding members of solely advisory boards).
(5) All full-time nonmerit employees, other than those employed in maintenance, clerical, secretarial, or other similar positions.
(6) Chief clerks and chief managers.
(7) Chief county clerks and chief county managers.
(8) Chief administrators.
(9) Chief county administrators.
(10) Any public official or public employee whose primary duty is to invest public funds.
(11) Chief administrative officers of any political subdivision.
(12) Chief and assistant county building inspectors.
(13) Any county or municipal administrator with power to grant or deny land development permits.
(14) Chief municipal clerks.
(15) Chiefs of police.
(16) Fire chiefs.
(17) City and county school superintendents and school board members.
(18) City and county school principals or administrators.
(19) Purchasing or procurement agents having the authority to make any purchase.
(20) Directors and assistant directors of state agencies.
(21) Chief financial and accounting directors.
(22) Chief grant coordinators.
(23) Each employee of the Legislature or of agencies, including temporary committees and commissions established by the Legislature, other than those employed in maintenance, clerical, secretarial, or similar positions.
(24) Each employee of the Judicial Branch of government, including active supernumerary district attorneys and judges, other than those employed in maintenance, clerical, secretarial, or other similar positions.
(25) Every full-time public employee serving as a supervisor.
(b) Unless otherwise required by law, no public employee occupying a position earning less than seventy-five thousand dollars ($75,000) per year shall be required to file a statement of economic interests, as adjusted by the commission by January 31 of each year to reflect changes in the U.S. Department of Labor’s Consumer Price Index, or a successor index. Notwithstanding the provisions of subsection (a) or any other provision of this chapter, no coach of an athletic team of any four-year institution of higher education which receives state funds shall be required to include any income, donations, gifts, or benefits, other than salary, on the statement of economic interests, if the income, donations, gifts, or benefits are a condition of the employment contract. Such statement shall be made on a form made available by the commission. The duty to file the statement of economic interests shall rest with the person covered by this chapter. Nothing in this chapter shall be construed to exclude any public employee or public official from this chapter regardless of whether they are required to file a statement of economic interests. The statement shall contain the following information on the person making the filing:
(1) Name, residential address, business; name, address, and business of living spouse and dependents; name of living adult children; name of parents and siblings; name of living parents of spouse. Undercover law enforcement officers may have their residential addresses and the names of family members removed from public scrutiny by filing an affidavit stating that publicizing this information would potentially endanger their families.
(2) A list of occupations to which one-third or more of working time was given during previous reporting year by the public official, public employee, or his or her spouse.
(3) A listing of total combined household income of the public official or public employee during the most recent reporting year as to income from salaries, fees, dividends, profits, commissions, and other compensation and listing the names of each business and the income derived from such business in the following categorical amounts: less than one thousand dollars ($1,000); at least one thousand dollars ($1,000) and less than ten thousand dollars ($10,000); at least ten thousand dollars ($10,000) and less than fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); or at least two hundred fifty thousand dollars ($250,000) or more. The person reporting shall also name any business or subsidiary thereof in which he or she or his or her spouse or dependents, jointly or severally, own five percent or more of the stock or in which he or she or his or her spouse or dependents serves as an officer, director, trustee, or consultant where the service provides income of at least one thousand dollars ($1,000) and less than five thousand dollars ($5,000); or at least five thousand dollars ($5,000) or more for the reporting period.
(4) If the filing public official or public employee, or his or her spouse, has engaged in a business during the last reporting year which provides legal, accounting, medical or health related, real estate, banking, insurance, educational, farming, engineering, architectural management, or other professional services or consultations, then the filing party shall report the number of clients of such business in each of the following categories and the income in categorical amounts received during the reporting period from the combined number of clients in each category: Electric utilities, gas utilities, telephone utilities, water utilities, cable television companies, intrastate transportation companies, pipeline companies, oil or gas exploration companies, or both, oil and gas retail companies, banks, savings and loan associations, loan or finance companies, or both, manufacturing firms, mining companies, life insurance companies, casualty insurance companies, other insurance companies, retail companies, beer, wine, or liquor companies or distributors, or combination thereof, trade associations, professional associations, governmental associations, associations of public employees or public officials, counties, and any other businesses or associations that the commission may deem appropriate. Amounts received from combined clients in each category shall be reported in the following categorical amounts: Less than one thousand dollars ($1,000); more than one thousand dollars ($1,000) and less than ten thousand dollars ($10,000); at least ten thousand dollars ($10,000) and less than twenty-five thousand dollars ($25,000); at least twenty-five thousand dollars ($25,000) and less than fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); at least one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); or at least two hundred fifty thousand dollars ($250,000) or more.
(5) If retainers are in existence or contracted for in any of the above categories of clients, a listing of the categories along with the anticipated income to be expected annually from each category of clients shall be shown in the following categorical amounts: Less than one thousand dollars ($1,000); at least one thousand dollars ($1,000) and less than five thousand dollars ($5,000); or at least five thousand dollars ($5,000) or more.
(6) If real estate is held for investment or revenue production by a public official or by his or her spouse or dependents, then a listing thereof in the following fair market value categorical amounts: Under fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); at least one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); at least two hundred fifty thousand dollars ($250,000) or more. A listing of annual gross rent and lease income on real estate shall be made in the following categorical amounts: Less than ten thousand dollars ($10,000); at least ten thousand dollars ($10,000) and less than fifty thousand dollars ($50,000); fifty thousand dollars ($50,000) or more. If a public official or a business in which the person is associated received rent or lease income from any governmental agency in Alabama, specific details of the lease or rent agreement shall be filed with the commission.
(7) A listing of indebtedness to businesses operating in Alabama showing types and number of each as follows: Banks, savings and loan associations, insurance companies, mortgage firms, stockbrokers and brokerages, or bond firms; and the indebtedness to combined organizations in the following categorical amounts: Less than twenty-five thousand dollars ($25,000); twenty-five thousand dollars ($25,000) and less than fifty thousand dollars ($50,000); fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); two hundred fifty thousand dollars ($250,000) or more. The commission may add additional business to this listing. Indebtedness associated with the homestead of the person filing is exempted from this disclosure requirement.
(c) Filing required by this section shall reflect information and facts in existence at the end of the reporting year.
(d) If the information required herein is not filed as required, the commission shall notify the public official or public employee concerned as to his or her failure to so file and the public official or public employee shall have 10 days to file the report after receipt of the notification. The commission may, in its discretion, assess a fine of ten dollars ($10) a day, not to exceed one thousand dollars ($1,000), for failure to file timely.
(e)(1) A person who intentionally violates any financial disclosure filing requirement of this chapter shall be subject to administrative fines imposed by the commission, or shall, upon conviction, be guilty of a Class A misdemeanor, or both.
(2) Any person who unintentionally neglects to include any information relating to the financial disclosure filing requirements of this chapter shall have 90 days to file an amended statement of economic interests without penalty.
(Acts 1973, No. 1056, p. 1699, §12; Acts 1975, No. 130, p. 603, §1; Acts 1986, No. 86-321, p. 475, §1; Acts 1995, No. 95-194, p. 269, §1; Acts 1997, No. 97-651, p. 1217, §1; Act 2012-509, p. 1507, §1; Act 2015-495, p. 1728, §1; Act 2025-282, §1.)
(a) Candidates at every level of government shall file a completed statement of economic interests for the previous calendar year with the State Ethics Commission: (i) not more than five days after the deadline to file a declaration of candidacy as provided in Section 17-13-5, or in the case of an independent candidate, not more than five days after the date of the first primary election; or (ii) for a candidate for municipal office, not more than five days after the deadline for the candidate to file his or her qualifying papers with the appropriate election official. Nothing in this section shall be deemed to require a second filing of the individual’s statement of economic interests if a current statement of economic interests is on file with the commission.
(b) Each election official who receives a declaration of candidacy or petition to appear on the ballot for election from a candidate, within five days of the receipt, shall notify the commission of the name of the candidate, as defined in this chapter, and the date on which the individual became a candidate. The commission, within five business days of the filing deadline described in subsection (a), shall notify the election official whether the candidate has complied with this section. If the commission’s notification indicates the candidate has not complied with this section, the election official shall immediately notify the candidate, and the candidate shall have five additional days to provide evidence to the election official that the candidate has filed a statement of economic interests in compliance with this section.
(c) Other provisions of the law notwithstanding, if a candidate does not submit a statement of economic interests or when applicable, an amended statement of economic interests in accordance with the requirements of this chapter, the name of the individual shall not appear on the ballot and the candidate shall be deemed not qualified as a candidate in that election. Notwithstanding the foregoing, the commission, for good cause shown, may allow the candidate an additional five days to file the statement of economic interests. If a candidate is deemed not qualified, the appropriate election official shall remove the name of the candidate from the ballot.
(Acts 1973, No. 1056, p. 1699, §13; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Acts 1997, No. 97-651, p. 1217, §1; Act 2015-495, p. 1728, §1; Act 2019-529, §1; Act 2025-282, §1; Act 2026-543, §1.)
(a) When any citizen of the state or business with which he or she is associated represents for a fee any person before a regulatory body of the Executive Branch, he or she shall report to the commission the name of any adult child, parent, spouse, brother, or sister who is a public official or a public employee of that regulatory body of the Executive Branch.
(b) When any citizen of the state or business with which the person is associated enters into a contract for the sale of goods or services to the State of Alabama or any of its agencies or any county or municipality and any of their respective agencies in amounts exceeding seven thousand five hundred dollars ($7,500), he or she shall report to the commission the names of any adult child, parent, spouse, brother, or sister who is a public official or public employee of the agency or department with whom the contract is made.
(c) This section shall not apply to any contract for the sale of goods or services awarded through a process of public notice and competitive bidding.
(d) Each regulatory body of the Executive Branch, or any agency of the State of Alabama shall be responsible for notifying citizens affected by this chapter of the requirements of this section.
(Acts 1973, No. 1056, p. 1699, §15; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) Every governmental agency head shall within 10 days file reports with the commission on any matters that come to his or her attention in his or her official capacity which constitute a violation of this chapter.
(b) Governmental agency heads shall cooperate in every possible manner in connection with any investigation or hearing, public or private, which may be conducted by the commission.
(Acts 1973, No. 1056, p. 1699, §16; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) Every lobbyist shall register by filing a form prescribed by the commission no later than January 31 of each year or within 10 days after the first undertaking requiring such registration. Each lobbyist, except public employees who are lobbyists, shall pay an annual fee of one hundred dollars ($100) on or before January 31 of each year or within 10 days of the first undertaking requiring such registration.
(b) The registration shall be in writing and shall contain the following information:
(1) The registrant’s full name and business address.
(2) The registrant’s normal business and address.
(3) The full name and address of the registrant’s principal or principals.
(4) The listing of the categories of subject matters on which the registrant is to communicate directly with a member of the legislative body to influence legislation or legislative action.
(5) If a registrant’s activity is done on behalf of the members of a group other than a corporation, a categorical disclosure of the number of persons of the group as follows: 1-5; 6-10; 11-25; over 25.
(6) A statement signed by each principal that he or she has read the registration, knows its contents and has authorized the registrant to be a lobbyist in his or her behalf as specified therein, and that no compensation will be paid to the registrant contingent upon passage or defeat of any legislative measure.
(c) A registrant shall file a supplemental registration indicating any substantial change or changes in the information contained in the prior registration within 10 days after the date of the change.
(Acts 1973, No. 1056, p. 1699, §19; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) Every person registered as a lobbyist pursuant to Section 36-25-18 and every principal employing any lobbyist shall file with the commission a report provided by the commission pertaining to the activities set out in that section. The report shall be filed with the commission no later than January 31, April 30, July 31, and October 31 for each preceding calendar quarter, and contain, but not be limited to, the following information:
(1) The cost of those items excluded from the definition of a thing of value which are described in Section 36-25-1(34)b. and which are expended within a 24-hour period on a public official, public employee, and members of his or her respective household in excess of two hundred fifty dollars ($250) with the name or names of the recipient or recipients and the date of the expenditure.
(2) The nature and date of any financial transaction between the public official, candidate, or member of the household of such public official or candidate and the lobbyist or principal of a value in excess of five hundred dollars ($500) in the prior quarter, excluding those financial transactions which are required to be reported by candidates under the Fair Campaign Practices Act as provided in Chapter 22A (commencing with Section 17-22A-1) of Title 17.
(3) A detailed statement showing the exact amount of any loan given or promised to a public official, candidate, public official or candidate.
(4) A detailed statement showing any direct business association or partnership with any public official, candidate, or members of the household of such public official or candidate; provided, however, that campaign expenditures shall not be deemed a business association or partnership.
(b) Any person not otherwise deemed a lobbyist pursuant to this chapter who negotiates or attempts to negotiate a contract, sells or attempts to sell goods or services, engages or attempts to engage in a financial transaction with a public official or public employee in their official capacity and who within a calendar day expends in excess of two hundred fifty dollars ($250) on such public employee, public official, and his or her respective household shall file a detailed quarterly report of the expenditure with the commission.
(c) Any other provision of this chapter to the contrary notwithstanding, no organization whose officer or employee serves as a public official under this chapter shall be required to report expenditures or reimbursement paid to such officer or employee in the performance of the duties with the organization.
(Acts 1973, No. 1056, p. 1699, §20; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) A person who ceases to engage in activities requiring registration pursuant to Section 36-25-18 shall file a written, verified statement with the commission acknowledging the termination of activities. The notice shall be effective immediately.
(b) A person who files a notice of termination pursuant to this section shall file the reports required pursuant to Sections 36-25-18 and 36-25-19 for any reporting period during which he or she was registered pursuant to this chapter.
(Acts 1973, No. 1056, p. 1699, §21; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
All reports filed pursuant to Sections 36-25-18 to 36-25-20, inclusive, are public records and shall be made available for public inspection during regular business hours.
(Acts 1973, No. 1056, p. 1699, §22; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
Sections 36-25-18 to 36-25-21, inclusive, shall not be construed as affecting professional services in drafting bills or in advising clients and in rendering opinions as to the construction and effect of proposed or pending legislation, executive action, rules, or regulations, where those professional services are not otherwise connected with legislative, executive, or regulatory action.
(Acts 1973, No. 1056, p. 1699, §24; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) No public official elected to a term of office shall serve for a fee as a lobbyist or otherwise represent a client, including his or her employer, before any legislative body or any branch of state or local government, including the executive and judicial branches of government, and including the Legislature of Alabama or any board, agency, commission, or department thereof, during the term or remainder of the term for which the official was elected. For purposes of this subsection, such prohibition shall not include a former member of the Alabama Judiciary who as an attorney represents a client in a legal, non-lobbying capacity.
(b) No former member of the House of Representatives or the Senate of the State of Alabama shall be extended floor privileges of either body in a lobbying capacity.
(c) No public official, public employee, or group of public officials or public employees shall solicit any lobbyist to give any thing whether or not the thing solicited is a thing of value to any person or entity for any purpose other than a campaign contribution.
(d) No principal or lobbyist shall accept compensation for, or enter into a contract to provide lobbying services which is contingent upon the passage or defeat of any legislative action.
(Acts 1973, No. 1056, p. 1699, §28; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Act 2014-440, p. 1638, §1.)
(a) A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a public employee regarding the employee’s compensation, terms, conditions, or privileges of employment based on either the employee’s reporting a violation or what he or she believes in good faith to be a violation of this chapter, or the employee’s giving truthful statements or truthful testimony concerning an alleged ethics violation, regardless of whether the employee filed the complaint.
(b) Nothing in this chapter shall be construed in any manner to prevent or prohibit or otherwise limit a supervisor from disciplining, discharging, transferring, or otherwise affecting the terms and conditions of a public employee’s employment so long as the disciplinary action does not result from or is in no other manner connected with the public employee’s filing a complaint with the commission, giving truthful statements, or truthfully testifying in an ethics investigation.
(c) No public employee shall file a complaint or otherwise initiate action against a public official or other public employee without a good faith basis for believing the complaint to be true and accurate.
(d) A supervisor who is alleged to have violated this section shall be subject to civil action in the circuit courts of this state pursuant to the Alabama Rules of Civil Procedure as adopted by the Alabama Supreme Court.
(e) A public employee who without a good faith belief in the truthfulness and accuracy of a complaint filed against a supervisor, shall be subject to a civil action in the circuit courts in the State of Alabama pursuant to the Alabama Rules of Civil Procedure as adopted by the Supreme Court. Additionally, a public employee who without a good faith belief in the truthfulness and accuracy of a complaint as filed against a supervisor shall be subject to appropriate and applicable personnel action.
(f) Nothing in this section shall be construed to allow a public employee to file a complaint to prevent, mitigate, lessen, or otherwise to extinguish existing or anticipated personnel action by a supervisor. A public employee who willfully files such a complaint against a supervisor shall, upon conviction, be guilty of the crime of false reporting.
(Acts 1973, No. 1056, p. 1699, §30; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Act 2023-543, §2.)
No person, for the purpose of influencing legislation, may do either of the following:
(1) Knowingly or willfully make any false statement or misrepresentation of the facts to a member of the Legislative or Executive Branch.
(2) Knowing a document to contain a false statement, cause a copy of the document to be received by a member of the Legislative or Executive Branch without notifying the member in writing of the truth.
(Acts 1973, No. 1056, p. 1699, §23; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a)(1) Except as otherwise provided, any person subject to this chapter who intentionally violates any provision of this chapter other than those for which a separate penalty is provided for in this section shall, upon conviction, be guilty of a Class B felony.
(2) Any person subject to this chapter who violates any provision of this chapter other than those for which a separate penalty is provided for in this section shall, upon conviction, be guilty of a Class A misdemeanor.
(3) Any person subject to this chapter who knowingly violates any disclosure requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor.
(4) Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual legal expenses incurred by the respondent against whom the false report or complaint was filed.
(5) Any person who makes false statements to an employee of the commission or to the commission itself pursuant to this chapter without reason to believe the accuracy of the statements shall, upon conviction, be guilty of a Class A misdemeanor.
(6) Any person subject to this chapter who intentionally violates this chapter relating to secrecy shall, upon conviction, be guilty of a Class C felony.
(7) Any person subject to this chapter who intentionally fails to disclose information required by this chapter shall, upon conviction, be guilty of a Class A misdemeanor.
(b) If a respondent petitions the commission or the respondent otherwise agrees to an administrative resolution of the complaint filed against him or her, the commission may administratively resolve a complaint filed pursuant to this chapter for minor violations upon a unanimous vote and subsequent approval by the appropriate district attorney or the Attorney General. The commission may impose an administrative penalty not to exceed six thousand dollars ($6,000) for any minor violation of this chapter. In addition to any administrative penalty, the commission shall order restitution in the amount of any economic loss to the state, county, municipality, or instrumentality of the state, county, or municipality, and when collected, the restitution shall be paid by the commission to the entity having the economic loss. The commission, through its attorney, shall institute proceedings to recover any penalties or restitution or other such funds so ordered pursuant to this section which are not paid by, or on behalf of, the public official or public employee or other person who has violated this chapter. Nothing in this section shall be deemed in any manner to prohibit the commission and the respondent from entering into a consent decree settling a complaint which has previously been designated by the commission for administrative resolution, so long as the consent decree is approved by the commission. If the commission, the respondent, and the Attorney General or district attorney having jurisdiction, all concur that a complaint is deemed to be handled administratively, the action shall preclude any criminal prosecution pursuant to this chapter at the state, county, or municipal level.
(c) The enforcement of this chapter shall be vested in the commission; provided, however, nothing in this chapter shall be deemed to limit or otherwise prohibit the Attorney General or the district attorney for the appropriate jurisdiction from enforcing any provision of this chapter as they deem appropriate. In the event the commission, by majority vote, finds that any provision of this chapter has been violated, the alleged violation and any investigation conducted by the commission shall be referred to the district attorney of the appropriate jurisdiction or the Attorney General. The commission shall provide any and all appropriate assistance to such district attorney or Attorney General. Upon the request of such district attorney or the Attorney General, the commission may institute, prosecute, or take such other appropriate legal action regarding such violations, proceeding therein with all rights, privileges, and powers conferred by law upon assistant attorneys general.
(d) Nothing in this chapter limits the power of the state to punish any person for any conduct which otherwise constitutes a crime by statute or at common law.
(e) The penalties prescribed in this chapter do not in any manner limit the power of a legislative body to discipline its own members or to impeach public officials and do not limit the powers of agencies, departments, boards, or commissions to discipline their respective officials, members, or employees.
(f) If a person fails to pay any penalty, fine, or restitution imposed by the commission pursuant to this chapter, the commission may file an action to collect the penalty, fine, or restitution in the District Court or Circuit Court of Montgomery County. The person shall be responsible for paying all costs associated with the collection of the penalty, fine, or restitution.
(g) Each district or circuit court of this state shall have jurisdiction in all cases and actions relating to the enforcement of this chapter, and the venue of any action pursuant to this chapter shall be in the county in which the alleged violation occurred, or in those cases where the alleged violation occurred outside the State of Alabama or for failure to properly or timely file any form required by the commission, in Montgomery County. In the case of judicial review of any administrative decision of the commission, the commission’s order, rule, or decision shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact except where otherwise authorized by law.
(h) Any felony prosecution brought pursuant to this chapter shall be commenced within four years after the commission of the offense.
(i) Any misdemeanor prosecution brought pursuant to this chapter shall be commenced within two years after the commission of the offense.
(j) Nothing in this chapter is intended to nor is to be construed as repealing in any way the provisions of any of the criminal laws of this state.
(Acts 1973, No. 1056, p. 1699, §26; Acts 1975, No. 130, p. 603, §1; Acts 1986, No. 86-321, p. 475, §1; Acts 1995, No. 95-194, p. 269, §1; Acts 1996, No. 96-261, p. 307, §1; Act 2010-763, 1st Sp. Sess., p. 17, §1; Act 2018-515, §1.)
Nothing in this chapter shall be construed as to deprive any citizen, not lobbying, of the citizen’s constitutional right to communicate with members of the Legislature.
(Acts 1973, No. 1056, p. 1699, §25; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) The Legislature shall appropriate such sums as it deems necessary to implement the provisions of and administer this chapter.
(b) Notwithstanding any other provision of law to the contrary, and beginning with the fiscal year ending September 30, 2012, the annual appropriation to the State Ethics Commission in the State General Fund Appropriations Act shall not be less than one tenth of one percent of the total State General Fund amount appropriated in the State General Fund Appropriations Act unless a lower appropriation amount is expressly approved by two-thirds of the membership of the House of Representatives and two-thirds of the membership of the Senate.
(Acts 1973, No. 1056, p. 1699, §29; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1; Act 2011-259, p. 473, §1.)
This chapter shall be construed in pari materia with other laws dealing with the subject of ethics.
(Acts 1973, No. 1056, p. 1699, §32; Acts 1975, No. 130, p. 603, §1; Acts 1995, No. 95-194, p. 269, §1.)
(a) It is the policy of this state that the deliberative process of governmental bodies shall be open to the public during meetings as defined in Section 36-25A-2(6). Except for executive sessions permitted in Section 36-25A-7(a) or as otherwise expressly provided by other federal or state laws or statutes, all meetings of a governmental body shall be open to the public and no meetings of a governmental body may be held without providing notice pursuant to the requirements of Section 36-25A-3. No executive sessions are required by this chapter to be held under any circumstances. Serial meetings or electronic communications shall not be utilized to circumvent any of the provisions of this chapter.
(b) This chapter shall be known and may be cited as the “Alabama Open Meetings Act.”
(Act 2005-40, p. 55, §1; Act 2015-340, §1.)
As used in and for determining the applicability of this chapter, the following words shall have the following meanings solely for the purposes of this chapter:
(1) DELIBERATION. An exchange of information or ideas among a quorum of members of a subcommittee, committee, or full governmental body intended to arrive at or influence a decision as to how any members of the subcommittee, committee, or full governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the subcommittee, committee, or full body immediately following the discussion or at a later time.
(2) EXECUTIVE SESSION. That portion of a meeting of a subcommittee, committee, or full governmental body from which the public is excluded for one or more of the reasons prescribed in Section 36-25A-7(a).
(3) GENERAL REPUTATION AND CHARACTER. Characteristics or actions of a person directly involving good or bad ethical conduct, moral turpitude, or suspected criminal activity, not including job performance.
(4) GOVERNMENTAL BODY. All boards, bodies, and commissions of the executive and legislative departments of the state or its political subdivisions or municipalities which expend or appropriate public funds; all multimember governing bodies of departments, agencies, institutions, and instrumentalities of the executive and legislative departments of the state or its political subdivisions or municipalities, including, without limitation, all corporations and other instrumentalities whose governing boards are comprised of a majority of members who are appointed or elected by the state or its political subdivisions, counties, or municipalities; all quasi-judicial bodies of the executive and legislative departments of the state; and all standing, special, or advisory committees or subcommittees of, or appointed by, the body. The term “governmental body” does not include any of the following:
a. Legislative party caucuses or coalitions.
b. Alabama appellate or trial courts, except as required by the constitution of this state or any body governed by rules of the Alabama Supreme Court.
c. Voluntary membership associations comprised of public employees, retirees, counties, municipalities, or their instrumentalities which have not been delegated any legislative or executive functions by the Legislature or Governor.
(5) JOB PERFORMANCE. The observed conduct or actions of a public employee or public official while on the job in furtherance of his or her assigned duties. Job performance includes whether a person is meeting, exceeding, or failing to meet job requirements or whether formal employment actions should be taken by the governmental body. Job performance does not include the general reputation and character of the person being discussed.
(6) MEETING. a. Subject to the limitations herein, the term meeting shall only apply to the following:
The prearranged gathering of a quorum of a governmental body or a quorum of a committee or subcommittee of a governmental body at a time and place which is set by law or operation of law.
The prearranged gathering of a quorum of a governmental body or a quorum of a committee or subcommittee of a governmental body during which the full governmental body, committee, or subcommittee of the governmental body is authorized, either by law or otherwise, to exercise the powers which it possesses or approve the expenditure of public funds.
The gathering, whether or not it was prearranged, of a quorum of a governmental body during which the members of the governmental body deliberate specific matters that, at the time of the exchange, the participating members expect to come before the full governmental body at a later date.
The gathering, whether or not it was prearranged, of a quorum of a committee or subcommittee of a governmental body during which the members of the committee or subcommittee deliberate specific matters relating to the purpose of the committee or subcommittee that, at the time of the exchange, the participating members expect to come before the full governmental body, committee, or subcommittee at a later date.
b. The term “meeting” shall not include:
Occasions when a quorum of a governmental body, committee, or subcommittee attends social gatherings, conventions, conferences, training programs, press conferences, media events, association meetings and events or gathers for on-site inspections or meetings with applicants for economic incentives or assistance from the governmental body, or otherwise gathers so long as the subcommittee, committee, or full governmental body does not deliberate specific matters that, at the time of the exchange, the participating members expect to come before the subcommittee, committee, or full governmental body at a later date.
Occasions when a quorum of a subcommittee, committee, or full governmental body gathers, in person or by electronic communication, with state or federal officials for the purpose of reporting or obtaining information or seeking support for issues of importance to the subcommittee, committee, or full governmental body.
Notwithstanding subparagraph 1., occasions when two members of a governmental body, including two members of a governmental body which has three members, gather for the sole purpose of exchanging background and education information or for the sole purpose of discussing an economic, industrial, or commercial prospect or incentive that does not include a conclusion as to recommendations, policy, decision, or final action on the terms or request or an offer of public financial resources.
c. Nothing herein shall restrict or prevent two members of the same full governmental body from talking together without deliberation, including two members of a full governmental body having only three members, and nothing herein shall restrict or prevent a mayor or executive director of a city or municipality who is not a voting member of the city or municipal council from talking or deliberating with a member of the city or municipal council.
(7) OPEN OR PUBLIC PORTION OF A MEETING. The open or public portion of a meeting is that portion which has not been closed for executive session in accordance with this chapter, for which prior notice was given in compliance with this chapter, and which is conducted so that constituents of the governmental body, members of the media, persons interested in the activities of the governmental body, and citizens of this state could, if they desired, attend and observe.
(8) PROFESSIONAL COMPETENCE. The ability of an individual to practice a profession within the profession’s acceptable standards of care and responsibility. A profession is a vocation requiring certification by the State of Alabama or passage of a state licensing examination that may only be granted to or taken by persons who have completed at least three years of college-level education and obtained at least a college-level degree.
(9) PUBLIC EMPLOYEE. Any person employed at the state, county, or municipal levels of government or their instrumentalities, including governmental corporations and authorities, who is paid in whole or in part from state, county, or municipal funds. A public employee does not include a person employed on a part-time basis whose employment is limited to providing professional services other than lobbying, the compensation for which constitutes less than 50 percent of the part-time employee’s income.
(10) PUBLIC FUNDS. Taxes or fees charged or collected by a governmental body or from the sale of public property including, but not limited to, matching funds from the federal government or income derived from the investment of taxes or fees.
(11) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal levels of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal levels of government or their instrumentalities, including governmental corporations.
(12) QUORUM. Unless otherwise provided by law, a quorum is a majority of the voting members of a governmental body. Except where a governmental body is prohibited from holding a non-emergency meeting as defined in subdivision (6)a.1. between the date of election of members and the date such members take office, any person elected to serve on a governmental body shall be counted in the determination of whether a quorum of that governmental body is present, except for any meeting as defined in subdivisions (6)a.1. and 2., beginning on the date of certification of the results of the general election. In the case of appointment to a governmental body, any person shall be counted in the determination of whether a quorum of that governmental body is present, except for any meeting as defined in subdivisions (6)a.1. and 2., from the date that the appointment is made or issued whether or not the appointment is effective on that date.
(13) SERIAL MEETING. a. The term serial meeting applies to any series of gatherings of two or more members of a governmental body, at which:
Less than a quorum is present at each individual gathering and each individual gathering is attended by at least one member who also attends one or more other gatherings in the series.
The total number of members attending two or more of the series of gatherings collectively constitutes a quorum.
There is no notice or opportunity to attend provided to the public in accordance with this chapter.
The members participating in the gatherings deliberate specific matters that, at the time of the exchange, the participating members expect to come before the subcommittee, committee or full governmental body at a later date.
The series of gatherings was held for the purpose of circumventing the provisions of this chapter.
At least one of the meetings in the series occurs within seven calendar days of a vote on any of the matters deliberated.
b. The term serial meeting does not include:
Gatherings, including a gathering of two members of a full governmental body having only three members, at which no deliberations were conducted or the sole purpose was to exchange background and education information with members on specific issues.
A series of gatherings related to a search to fill a position required to file a statement of economic interests with the Alabama Ethics Commission pursuant to Section 36-25-14 until the search has been narrowed to three or fewer persons under consideration.
A gathering or series of gatherings involving only a single member of a governmental body.
A series of gatherings by the trustees of an institution of higher education established by the Constitution of Alabama of 2022, any statutorily created four-year institution of higher education in the state, or Athens State University involving a search to fill a position that directs the institution or a department or major divisions thereof, including the position of president, vice president, provost, dean, department head, or athletic coach.
A meeting in which a public official who is a member of a non-profit professional association comprised of members of the same profession discusses or participates in the formation of the policy or policies of the professional association of which the public official is a member. This exception shall apply to both legislative policies of the professional association and regulatory polices of the professional association of which the public official is a member, and regardless of whether a quorum of the members of the governmental body are members of the same professional association.
(Act 2005-40, p. 55, §2; Act 2015-340, §1; Act 2015-475, §1; Act 2016-401, §1.)
(a) Unless otherwise specified by law and as provided herein, any governmental body subject to this chapter, except for an advisory board, advisory commission, advisory committee, task force, or other advisory body created solely to make recommendations on public policy issues and composed of persons who do not receive compensation for their service as members of the board, commission, committee, task force, or body from public funds, shall post notice of all meetings, as defined in Section 36-25A-2(6)a.1., at least seven calendar days prior to the meeting as follows:
(1) The Alabama Legislature is solely governed by the Alabama Constitution which establishes that the doors of each house of the Alabama Legislature shall be open to the public unless a vote is taken that secrecy is required under the circumstances. The respective houses of the Alabama Legislature shall develop rules consistent with the Constitution of Alabama of 2022, providing for access to and prior notice of all sessions and standing committee and standing subcommittee meetings and all meetings of permanent and joint legislative committees. Because the Alabama Legislature is solely governed by the Alabama Constitution and sets its own rules to ensure public access as guaranteed by the Constitution, no other provision of this chapter applies to the Alabama Legislature.
(2) Any governmental body with statewide jurisdiction shall submit notice of its meeting to the Secretary of State. The Secretary of State shall post the notice on the Internet for at least seven calendar days prior to the day of the meeting. The Secretary of State shall also send electronic mail notifications to anyone who has registered with the Secretary of State to receive notification of meetings. The Secretary of State may promulgate reasonable rules and regulations necessary for the uniform receipt and posting of notice and of registration for electronic mail notification. The Secretary of State shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the Secretary of State that members of the public may use to view notices of meetings posted by the Secretary of State. Any governmental body with less than statewide jurisdiction may also submit notice to the Secretary of State for posting on the website. Nothing shall prevent a governmental body subject to this subsection from posting notice in any additional manner.
(3) A municipal governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the city hall, provided, however, that a corporation a majority of whose governing board is appointed or elected by a municipality and that has a principal office separate from the city hall may, in lieu of posting notice in the city hall, post notice of each meeting on a bulletin board at a place convenient to the public in the principal office of the corporation or other instrumentality.
(4) A local school board shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the board.
(5) Any other governmental body shall post notice of each meeting in a reasonable location or shall use a reasonable method of notice that is convenient to the public. Any change of the location or method for posting notices of meetings shall not take effect until the change has been approved at an open meeting by the members of the governmental body and announced to the public at an open meeting.
(6) If practicable, a governmental body other than those with statewide jurisdiction, in addition to the posting requirements, shall provide direct notification of a meeting, as defined in Section 36-25A-2(6)a., to any member of the public or news media covering that governmental body who has registered with the governmental body to receive notification of meetings. A governmental body may promulgate reasonable rules and regulations necessary for the uniform registration and payment for direct notice and for the distribution of the notices. The governmental body may choose to transmit a notice using electronic mail, telephone, facsimile, the United States Postal Service, or any other method reasonably likely to provide the requested notice. The actual cost of issuing notices, if there is one, may be required to be paid in advance by the person requesting notice by the governmental body. Direct notice to persons who have registered with the governmental body shall, at a minimum, contain the time, date, and place of the meeting.
(b) Unless otherwise specified by law directly applicable to the governmental body, notice of a meeting, as defined in Section 36-25A-2(6)a.2. and 3. as well as meetings called pursuant to Section 11-43-50 shall be posted as soon as practicable after the meeting is called and in no event less than 24 hours before the meeting is scheduled to begin, unless such notice (i) is prevented by emergency circumstances requiring immediate action to avoid physical injury to persons or damage to property; or (ii) relates to a meeting to be held solely to accept the resignation of a public official or employee. In such situations, notice shall be given as soon as practical, but in no case less than one hour before the meeting is to begin. At the same time general notice is given, special notice shall be directed to any person who has registered to receive direct notices pursuant to the provisions of subsection (a)(6).
(c) Posted notice pursuant to this section shall include the time, date, and place of meeting. If a preliminary agenda is created, it shall be posted as soon as practicable in the same location or manner as the notice given pursuant to this section. A governmental body may discuss at a meeting additional matters not included in the preliminary agenda. If a preliminary agenda is not available, the posted notice shall include a general description of the nature and purpose of the meeting.
(d) County commissions which provide proper notice in conformance with Section 11-3-8 shall not be required to comply with subsections (a), (b), and (c) of this section, nor shall committees or subcommittees of such commissions so long as the committees also comply with the notice procedures applicable to the full commission in Section 11-3-8.
(e) Governmental bodies may give, but shall not be required to give, notice of quasi-judicial or contested case hearings which could properly be conducted as an executive session under this chapter or existing state law.
(f) A governmental body is authorized, but not required, to provide notice in addition to that specified in this section and to provide notice for gatherings which are not meetings as defined in Section 36-25A-2(6).
(Act 2005-40, p. 55, §3; Act 2015-340, §1.)
A governmental body shall maintain accurate records of its meetings, excluding executive sessions, setting forth the date, time, place, members present or absent, and action taken at each meeting. Except as otherwise provided by law, the records of each meeting shall become a public record and be made available to the public as soon as practicable after approval.
(Act 2005-40, p. 55, §4.)
(a) Unless otherwise provided by law, meetings shall be conducted pursuant to the governing body’s adopted rules of parliamentary procedure not in conflict with laws applicable to the governmental body.
(b) Unless otherwise permitted by this chapter or directed by provisions in the Constitution of Alabama of 1901, or other existing state law applicable to the governmental body, all votes on matters before a governmental body, including, but not limited to, votes to appropriate or to authorize a governmental body’s designated employee, within limits prescribed by the governmental body without further authorization of the governmental body, to spend public funds, to levy taxes or fees, to forgive debts to the governmental body, or to grant tax abatements, shall be made during the open or public portion of a meeting for which notice has been provided pursuant to this chapter. Voice votes may be allowed. Unless permitted by this chapter, existing statute, or constitutional amendment, no votes shall be taken in executive sessions. Unless otherwise directed by provisions in the Constitution of Alabama of 1901, or other existing state law applicable to a governmental body, a governmental body may not vote by secret ballot.
(Act 2005-40, p. 55, §5.)
(a)(1) Except as provided in subsection (d), members of a governmental body as defined in Section 36-25A-2, that is comprised of members from two or more counties, may participate in a meeting of that governmental body by means of telephone conference, video conference, or other similar communications equipment that allows all persons participating in the meeting to hear each other at the same time. Participation by these electronic means shall constitute presence in person at the meeting for all purposes; provided, that at least three members, or a majority of a quorum of members, whichever is less, are physically present at the physical meeting location required by subsection (b).
(2) If a member is participating in a meeting of a governmental body by electronic means as authorized in this section, the governmental body shall ensure that means of access to the electronic communication is published in the same manner as the notice of the meeting is published pursuant to this chapter.
(3) The means of access shall allow members of the public to hear the meeting. A governmental body is not required to allow the public to participate by electronic means to any extent beyond being able to hear the meeting.
(b) Every meeting shall have one physical location available for persons wishing to be physically present, at which any interested member of the public shall be able to hear all persons who are participating remotely, and that location shall be published in a manner consistent with this chapter.
(c) Except as otherwise provided by this section, use of electronic communication shall be done in a manner that complies with this chapter.
(d) The members of the following governmental bodies are prohibited from participating in meetings and deliberation via electronic communications as otherwise authorized by this section:
(1) The Board of Pardons and Paroles.
(2) The Public Service Commission.
(3) Standing committees of the Legislature while the Legislature is in session.
(4) A governing board taking any action under the Students First Act of 2011.
(5) Any state board or agency acting in any quasi judicial capacity involving employment actions or the adoption of rules pursuant to statutory authority.
(6) Any state board, agency, or other governmental body conducting a hearing that could result in loss of licensure or professional censure.
(7) The Alabama Ethics Commission.
(e) Any vote taken at a meeting utilizing the equipment contemplated by subsection (a) shall be taken as a roll call vote that allows each participant to vote individually in a manner audible to all persons participating or present at the physical location provided for in subsection (b).
(f) A member participating in a meeting by means provided by this section may not claim any form of reimbursement for expenses relating to that meeting, including mileage and per diem.
(g) If the electronic communications fail or are in any way interrupted during a meeting otherwise in compliance with this chapter, that failure shall not be grounds to challenge any action taken during the meeting.
(h) Any governmental body comprised of members from two or more counties with specific statutory or constitutional authority to meet via electronic means under a procedure different than that set forth in this section may operate under the requirements of that specific authority or may adopt a resolution opting to come under the requirements of this section.
(Act 2015-526, 1st Sp. Sess., p. 1884, §1; Act 2022-421, §1.)
(a) Any governmental body as defined in Section 36-25A-2 that is of a county or a municipality or is an entity established by or whose members are appointed by a county or municipality may allow participation in a meeting of that governmental body by means of telephone conference, video conference, or other similar communications equipment that allows all participants to hear one another at the same time; provided, that both of the following are fulfilled:
(1) No less than a quorum of the members of the governmental body are physically present at the physical location required by subsection (d).
(2) The members of the body participating by electronic means as provided in this section are unable to be physically present at the meeting due to illness.
(b) Participation by electronic means as authorized in this section shall constitute presence in person at the meeting for all purposes, except for the establishment of a quorum.
(c) At least 45 days before the first meeting that a governmental body uses electronic means of communication as authorized by this section, the body shall adopt an electronic meeting policy detailing the procedures and communications equipment that will be used, how the public may access the meeting, and how voting will be conducted.
(d) Each meeting in which members of a governmental body are participating by electronic means as authorized in this section shall be held at a physical location available for persons wishing to be physically present, at which any interested member of the public shall be able to hear all persons who are participating remotely.
(e) Any vote taken at a meeting utilizing the equipment authorized by subsection (a) shall be taken as a roll call vote that allows each participant to vote individually in a manner audible to all persons participating or present at the physical location provided for in subsection (d).
(f) A member participating in a meeting by electronic means as provided by this section may not claim any form of reimbursement for expenses relating to that meeting, including mileage.
(Act 2022-421, §2.)
A meeting of a governmental body, except while in executive session, may be openly recorded by any person in attendance by means of a tape recorder or any other means of sonic, photographic, or video reproduction provided the recording does not disrupt the conduct of the meeting. The governmental body may adopt reasonable rules for the implementation of this section.
(Act 2005-40, p. 55, §6.)
(a) Executive sessions are not required by this chapter, but may be held by a governmental body only for the following purposes:
(1) To discuss the general reputation and character, physical condition, professional competence, or mental health of individuals, or, subject to the limitations set out herein, to discuss the job performance of certain public employees. However, except as provided elsewhere in this section, discussions of the job performance of specific public officials or specific public employees may not be discussed in executive session if the person is an elected or appointed public official, an appointed member of a state or local board or commission, or a public employee who is one of the classification of public employees required to file a statement of economic interests with the Alabama Ethics Commission pursuant to Section 36-25-14. Except as provided elsewhere in this section, the salary, compensation, and job benefits of specific public officials or specific public employees may not be discussed in executive session.
(2) When expressly allowed by federal law or state law, to consider the discipline or dismissal of, or to hear formal written complaints or charges brought against a public employee, a student at a public school or college, or an individual, corporation, partnership, or other legal entity subject to the regulation of the governmental body.
(3) To discuss with their attorney the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action, or to meet or confer with a mediator or arbitrator with respect to any litigation or decision concerning matters within the jurisdiction of the governmental body involving another party, group, or body. Prior to voting to convene an executive session under this exception the governmental body shall receive a written opinion or oral declaration reflected in the minutes from an attorney licensed to practice law in Alabama that this exception is applicable to the planned discussion. Such declaration shall not otherwise constitute a waiver of the attorney-client privilege. Notwithstanding the foregoing, if any deliberation begins among the members of the governmental body regarding what action to take relating to pending or threatened litigation based upon the advice of counsel, the executive session shall be concluded and the deliberation shall be conducted in the open portion of the meeting or the deliberation shall cease.
(4) To discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or other infrastructures, including, without limitation, information concerning critical infrastructure, as defined by federal law, and critical energy infrastructure information, as defined by federal law, the public disclosures of which could reasonably be expected to be detrimental to public safety or welfare. Provided, however, that when the discussion involves critical infrastructure or critical energy infrastructure information, the owners and operators of such infrastructure shall be given notice and an opportunity to attend the session.
(5) To discuss information that would disclose the identity of an undercover law enforcement agent or informer or to discuss the criminal investigation of a person who is not a public official in which allegations or charges of specific criminal misconduct have been made or to discuss whether or not to file a criminal complaint. Provided, however, that prior to such discussions a law enforcement officer with authority to make an arrest or a district or assistant district attorney or the Attorney General or assistant attorney general shall advise the governmental body in writing or by oral declaration entered into the minutes that the discussions would imperil effective law enforcement if disclosed outside of an executive session.
(6) To discuss the consideration the governmental body is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property. Provided, however, that the material terms of any contract to purchase, exchange, or lease real property shall be disclosed in the public portion of a meeting prior to the execution of the contract. If an executive session is utilized pursuant to this exception in addition to the members of the governmental body, only persons representing the interests of the governmental body in the transaction may be present during the executive session. This real property discussion exception shall not apply if:
a. Any member of the governmental body involved in the transaction has a personal interest in the transaction and attends or participates in the executive session concerning the real property.
b. A condemnation action has been filed to acquire the real property involved in the discussion.
(7) To discuss preliminary negotiations involving matters of trade or commerce in which the governmental body is in competition with private individuals or entities or other governmental bodies in Alabama or in other states or foreign nations or to discuss matters or information of the character defined or described in the Alabama Trade Secrets Act. Provided, however, that prior to such discussions a person involved in the recruitment or retention effort or who has personal knowledge that the discussion will involve matter or information of the character defined or described in the Alabama Trade Secrets Act advises the governmental body in writing or by oral declaration entered into the minutes that the discussions would have a detrimental effect upon the competitive position of a party to the negotiations or upon the location, retention, expansion, or upgrading of a public employee or business entity in the area served by the governmental body if disclosed outside of an executive session, or would disclose information protected by the Alabama Trade Secrets Act.
(8) To discuss strategy in preparation for negotiations between the governmental body and a group of public employees. Provided, however, that prior to such discussions a person representing the interests of a governmental body involved in such negotiations advises the governmental body in writing or by oral declaration entered into the minutes that the discussions would have a detrimental effect upon the negotiating position of the governmental body if disclosed outside of an executive session.
(9) To deliberate and discuss evidence or testimony presented during a public or contested case hearing and vote upon the outcome of the proceeding or hearing if the governmental body is acting in the capacity of a quasi-judicial body, and either votes upon its decision in an open meeting or issues a written decision which may be appealed to a hearing officer, an administrative board, court, or other body which has the authority to conduct a hearing or appeal of the matter which is open to the public.
(b) A governmental body desiring to convene an executive session, other than to conduct a quasi-judicial or contested case hearing, shall utilize the following procedure:
(1) A quorum of the governmental body must first convene a meeting as defined in Section 36-25A-2(6)a.1. and 2.
(2) A majority of the members of the governmental body present must adopt, by recorded vote, a motion calling for the executive session and setting out the purpose of the executive session, as provided in subsection (a). If subsection (a) requires an oral or written declaration before the executive session can begin, such oral or written declaration shall be made, prior to the vote.
(3) The vote of each member shall be recorded in the minutes.
(4) Prior to calling the executive session to order, the presiding officer shall state whether the governmental body will reconvene after the executive session and, if so, the approximate time the body expects to reconvene.
(Act 2005-40, p. 55, §7.)
In addition to any existing applicable immunity, members of a governmental body and any of its employees participating in a meeting conducted in conformance with this chapter shall have an absolute privilege and immunity from suit for any statement made during the meeting which relates to an action pending before the governmental body.
(Act 2005-40, p. 55, §8.)
(a) This chapter is designed and intended to hold members of governmental bodies, and the bodies themselves, accountable to the public for violations of this chapter. Therefore, enforcement of this chapter, except a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county where the governmental body’s primary office is located by any media organization, any Alabama citizen impacted by the alleged violation to an extent which is greater than the impact on the pubic at large, the Attorney General, or the district attorney for the circuit in which the governmental body is located; provided, however, that no member of a governmental body may serve as a plaintiff in an action brought against another member of the same governmental body for an alleged violation of this chapter. The complaint shall be verified, shall state specifically the applicable ground or grounds for the complaint as set out in subdivisions (1) through (4) of subsection (b), and shall name in their official capacity all members of the governmental body remaining in attendance at the alleged meeting held in violation of this chapter. If filed by an Alabama citizen, the complaint shall state specifically how the person is or will be impacted by the alleged violation to an extent which is greater than the impact on the public at large. Members of a governmental body who are named as a defendant in a complaint under this chapter shall serve an initial response to the complaint within seven business days of personal service of the complaint. A preliminary hearing on the complaint filed shall be held no later than 10 business days after the date of the filing of the defendant or defendants’ initial response to the complaint or, if no response is filed, no later than 17 business days after the filing of the complaint, or on the nearest day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with the rights of the parties.
(b) In the preliminary hearing on the complaint, the plaintiff shall establish by a preponderance of the evidence that a meeting of the governmental body occurred and that each defendant attended the meeting. Additionally, to establish a prima facie case the plaintiff must present substantial evidence of one or more of the following claims:
(1) That the defendants disregarded the requirements for proper notice of the meeting pursuant to the applicable methods set forth in Section 36-25A-3.
(2) That the defendants disregarded the provisions of this chapter during a meeting, other than during an executive session.
(3) That the defendants voted to go into executive session and while in executive session the defendants discussed matters other than those subjects included in the motion to convene an executive session as required by Section 36-25A-7(b).
(4) That, other than a claim under subdivisions (1) through (3), the defendants intentionally violated other provisions of this chapter.
(c) If the court finds that the plaintiff has met its initial burden of proof as required in subsection (b) at the preliminary hearing, the court shall establish a schedule for discovery and set the matter for a hearing on the merits. If, at the preliminary hearing, the plaintiff has presented its prima facie case that an executive session appears to have been improperly conducted as set out in subsection (b)(3), the defendants shall bear the burden of proof at the hearing on the merits to prove by a preponderance of the evidence that the discussions during the executive session were limited to matters related to the subjects included in the motion to convene an executive session required in Section 36-25A-7(a).
(d) During a proceeding involving claims brought under subsection (b)(3), the court shall conduct an in camera proceeding or adopt another procedure as necessary to protect the confidentiality of the matters discussed during the executive session, and if there is a determination that the executive session was authorized by this chapter, the matters shall not be disclosed or utilized in any other legal proceeding by any individual or attorney who attends the in camera portion of the proceedings.
(e) Upon proof by a preponderance of the evidence of a defendant’s violation of this chapter, the circuit court shall issue an appropriate final order including, if appropriate, a declaratory judgment or injunction. Prior to a final determination of the merits, temporary restraining orders or preliminary injunctions may be issued upon proper motion and proof as provided and required in the Alabama Rules of Civil Procedure. A final order on the merits shall be issued within 60 days after the preliminary hearing unless a longer period is consented to by all parties and the court.
(f) The court may invalidate the action or actions taken during a meeting held in violation of this chapter, provided that the complaint is filed within 21 days of the date when the action is made public, the violation was not the result of mistake, inadvertence, or excusable neglect, and invalidation of the governmental action taken would not unduly prejudice third parties who have changed their position or taken action in good faith reliance upon the challenged action of the governmental body; provided further, however, that any action taken at an open meeting conducted in a manner consistent with this chapter shall not be invalidated because of a violation of this chapter which occurred prior to such meeting.
(g) A final order issued against a defendant shall state specifically upon which claim or claims in subdivisions (1) through (4) the ruling is based. For each meeting proven to be held in violation of this chapter for one or more reasons, the court shall impose a civil penalty payable to the plaintiff(s). The maximum penalty for each meeting shall not exceed one thousand dollars ($1,000) or one half of the defendant’s monthly salary for service on the governmental body, whichever is less. The minimum penalty shall be one dollar ($1). With regard to claims related to improper discussions during executive sessions, monetary penalties may only be assessed against defendant members of a governmental body who voted to go into an executive session and who remained in the executive session during a discussion determined by the court not to have been authorized by this chapter. Penalties imposed against a member of a governmental body found to have acted in violation of this chapter shall not be paid by nor reimbursed to the member by the governmental body he or she serves. If more than one cause of action is filed pursuant to this chapter, all causes of action based on or arising out of the same alleged violation or violations shall be consolidated into the action that was first filed and any party may intervene into the consolidated action pursuant to the Alabama Rules of Civil Procedure, and no member found to have acted in violation of this chapter by a final court order and assessed a penalty as authorized herein shall be subject to further liability or penalty to the same or different plaintiffs in separate causes of action for the same violation or violations.
(h) A governmental body is authorized to pay for or provide for the legal expenses of present or former members of the body named as defendants in a proceeding under this chapter.
(Act 2005-40, p. 55, §9; Act 2015-340, §1.)
An action under this chapter must be brought within 60 days of the date that the plaintiff knew or should have known of the alleged act which brings rise to the cause of action; provided, however, that any action under this chapter must be brought within two years of the alleged act which brings rise to the cause of action.
(Act 2005-40, p. 55, §11.)
Section 13A-14-2, is repealed. All specific references in the Code of Alabama 1975 to Section 13A-14-2 shall be considered a reference to this chapter and where expressly excluded or included from application of Section 13A-14-2, the exclusion or inclusion from application shall remain as it applies to these new sections. The Code Commissioner, when appropriate, shall implement these changes in the Code of Alabama 1975. Nothing in this chapter shall be construed to repeal or amend any portion of the Code of Alabama 1975, in effect on October 1, 2005, except as expressly provided herein.
(Act 2005-40, p. 55, §10.)
This article shall be cited and may be known as the Merit System Act.
(Acts 1939, No. 58, p. 68, § 2.)
The following terms wherever used in this article shall have the meanings respectively ascribed to them in this section, unless the context plainly indicates a contrary meaning:
(1) APPOINTING AUTHORITY. The officer, board, commission, person or group of persons having the power to make appointments to offices or positions of trust or employment in the state service.
(2) BOARD. The State Personnel Board.
(3) CLASSIFIED SERVICE. All offices or positions of trust or employment in the state service now or hereafter created except those placed in the unclassified service or exempt service by this article.
(4) DIRECTOR. The State Director of Personnel.
(5) EMPLOYMENT REGISTER. A record containing the names of those persons who have successfully competed in tests, have been ranked in order of their final earned average from highest to lowest and are considered qualified to hold a position in the class for which the test was held.
(6) INMATE HELP. Persons committed to a state institution who have been granted special privileges and employment due to good conduct.
(7) POSITION. Any office or place of employment in the state service.
(8) PUBLIC HEARING. A meeting of the board open to the public held after five days’ public notice has been given thereof whereat any citizen, taxpayer or interested party may appear and be heard subject to such rules and regulations as may be fixed by the board.
(9) PUBLIC RECORD. A record which the public shall have the right to inspect in a reasonable manner during ordinary business hours.
(10) STATE SERVICE. All offices and positions of trust or employment in the service of the Alabama state government, irrespective of whether the remuneration or compensation of such offices and positions of trust or employment is paid out of the State Treasury or not. Such term shall not include offices and positions of trust or employment of the local governmental subdivisions, county or city boards of education, teachers and employees thereof or those exempted from this article.
(11) TEMPORARY APPOINTMENT. An appointment for a period not to exceed 104 work days.
(12) EMERGENCY APPOINTMENT. An appointment to serve in any position under emergency conditions for not more than 10 work days.
(13) EXCEPTIONAL APPOINTMENT. An appointment where extraordinary or unusual qualifications are required or where the peculiarities of the position are such as to make it inadvisable to attempt to fill it through open competitive examination.
(14) PROVISIONAL APPOINTMENT. An appointment made for a period of not more than 156 work days to fill a competitive position pending the establishment of an employment register for the classification.
(Acts 1939, No. 58, p. 68, §3; Code 1940, T. 55, §294.)
The purposes of this article are to assure to all citizens of demonstrated capacity, ability and training an equal opportunity to compete for service with the State of Alabama, to establish conditions in the state service which will attract officers and employees of character and capacity and to increase the efficiency of the governmental departments and agencies by the improvement of methods of personnel administration.
(Acts 1939, No. 58, p. 68, §1; Code 1940, T. 55, §293.)
There shall be a State Personnel Department with a State Personnel Board and a State Director of Personnel as provided in this article. The director shall be the executive head of the department. Offices shall be provided in the City of Montgomery which shall be the headquarters of the department.
(Acts 1939, No. 58, p. 68, §4; Code 1940, T. 55, §295.)
(a) The State Personnel Board shall consist of five persons, as follows:
(1) Two persons appointed by the Governor, one of them whose term shall expire on February 1, 1985, and one of them whose term shall expire on February 1, 1986, one person appointed by the Speaker of the Alabama House of Representatives, whose term shall expire February 1, 1987, one person appointed by the Lieutenant Governor of the State of Alabama, whose term shall expire February 1, 1988, and one person who shall be a classified employee elected as hereinafter provided, whose term shall expire February 1, 1989.
(2) The terms of the present members of the State Personnel Board shall end on the last day of August, 1983. The new members of the personnel board shall begin their terms on September 1, 1983. If any vacancy occurs on the board, or at the expiration of the original terms therein above established, such vacancies shall be filled by the original appointing authority, for said position. After the expiration of these original terms herein above outlined, all subsequent terms shall be for six years, except for appointments to fill unexpired terms, which shall expire on the same date their predecessor’s term expired. Each member shall be required to take the constitutional oath of office before entering upon their duties. The board shall designate one of its members as chairman. Three members of the board shall constitute a quorum for the transaction of business. Each member shall be a person over 19 years of age, of recognized character and ability, shall have been a bona fide resident and qualified voter of this state for not less than five years and shall not, when appointed nor for three years then last passed before the date of his appointment, have held elected public or party office nor have been a candidate for such office. No two appointed members of said personnel board shall be appointed from any one congressional district of the state. A member of the board may be removed from office for the same causes and by the same procedures as provided by the Constitution and statutes of Alabama for impeachment of sheriffs. Each member of the board shall receive a per diem of $50.00 and expenses for attendance upon meeting of the board. No member shall receive total compensation in excess of $1,200.00 per annum, excluding expenses and excluding compensation received for attendance upon trial of charges preferred against employees as provided in this article.
(b) One member shall be elected by a majority vote of the full-time state employees. For his or her original term, they shall serve until February 1, 1989, and thereafter elected members shall serve six-year terms. Two months prior to the expiration of the seat for the member of the classified service, employees desiring to serve shall file with the state Comptroller notice of their intent to run for the position. The Comptroller shall cause to be prepared ballots for distribution to all state employees with their paychecks during the first pay period, one month prior to the election. Each state payroll clerk within one week shall collect the executed ballots and return them to the Comptroller who shall forthwith tabulate the ballots and announce the results. A printout of the tabulation along with the ballots shall within three days be delivered by the Comptroller to the Secretary of State, who shall preserve the ballots and the printout for three months. At the expiration of terms of office of the original member elected under this subsection, and every six years thereafter, his successor shall be elected in the same manner as provided by this subsection. If a vacancy occurs in the office of a member elected under the provisions of this subsection, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.
(Acts 1939, No. 58, p. 68; Code 1940, T. 55, §296; Acts 1983, No. 83-673, p. 1060, §1.)
(a) The board shall hold regular meetings at least once each month and may hold such additional meetings as may be required for the proper discharge of its duties.
(b) It shall be the duty of the board as a body:
(1) To adopt and amend, after public hearings, rules and regulations for the administration of this article as provided in Section 36-26-9;
(2) To adopt, modify or reject, after public hearings, such classification and compensation plans for the state service, together with rules for their administration, as may be recommended by the director after a thorough survey of the personnel and departmental organizations included in such plan or plans;
(3) To make investigations, either on petition of a citizen, taxpayer or interested party or of its own motion, concerning the enforcement and effect of this article and to require observance of its provisions and the rules and regulations made pursuant thereto;
(4) To conduct hearings and to render decisions, as provided in Section 36-26-27, on charges preferred against persons in the classified service;
(5) To make such investigations as may be requested by the Governor or the Legislature and to report thereon;
(6) To consider and act on such matters as may be referred to the board by the director;
(7) To represent the public interest in the improvement of personnel administration in the state service; and
(8) To advise and assist the director in fostering the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.
(Acts 1939, No. 58, p. 68, §6; Code 1940, T. 55, §297.)
The board shall appoint a director. He shall be a person over 19 years of age, of recognized character and ability and shall have been a bona fide resident and a qualified voter of this state for not less than five years next preceding his appointment. His salary shall be fixed by the board with the approval of the Governor in accordance with the provisions of Section 36-6-6. He may be removed for cause by the board; provided, that copies of a written statement of the reason for such removal shall be given to the director and to the Governor, and such written statement shall be made public prior to the effective date of his removal.
(Acts 1939, No. 58, p. 68, §7; Code 1940, T. 55, §298.)
(a) The director, as executive head of the department, shall direct and supervise all its administrative and technical activities.
(b) It shall be the duty of the director to:
(1) Attend all meetings of the board, act as its secretary, and record its official actions.
(2) Appoint, with the approval of the board, such employees of the department and such experts and special assistants as necessary to carry out effectively this article.
(3) Prepare and recommend rules and regulations for the administration of this article.
(4) Recommend and, on its adoption, establish, administer, and execute a classification plan for the state service.
(5) Submit to the Governor, after its approval by the board, a pay plan for all positions in the state service.
(6) Conduct tests, formulate employment registers, and certify persons qualified for appointment, devise and administer employee service ratings and develop employee welfare and training programs.
(7) Recommend and, upon adoption by the board, administer an in-service training program.
(8) Approve all payrolls or other compensations for personal services within the state service before they may be lawfully authorized for payment.
(9) Establish and maintain a roster of all the officers and employees in the state service.
(10) Make such investigations pertaining to personnel, salary scales, and employment conditions in the state service as may be requested by the board, the Governor, or the Legislature.
(11) Make investigations concerning the administration and effect of this article and the rules made thereunder and report the findings and recommendations to the board.
(12) Make an annual report to the board.
(13) Perform any other act required under this article or required by the board which may be necessary to effect its purposes and spirit.
(14) Appoint one employee of the department to be deputy. In case of the absence of the director or his or her inability to discharge the powers and duties of the office, such powers and duties shall devolve upon the deputy, who shall be a citizen of Alabama.
(15) Select officers or employees in the state service to act as examiners in the preparation and rating of tests. An authority may excuse any employee from regular duties for the time required for work as an examiner. Officers and employees shall not be entitled to extra pay for service as examiners but shall be entitled to reimbursement for necessary traveling and other expenses.
(c) The director may join or subscribe to any association or service having as its purpose the interchange of information relating to the improvement of personnel administration.
(d) Subject to approval of the State Personnel Board, the director may enter into agreements with any municipality or other political subdivision of the state to furnish services and facilities of the department to the municipality or political subdivision in the administration of its personnel on merit principles. Any agreement shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished as determined by the director. All municipalities and political subdivisions of the state may enter into those agreements. Funds obtained as reimbursement for services shall be deposited into the accounts of the State Personnel Department and may be expended to help defray the expenses of the department.
(e) The director may cooperate with governmental agencies for other jurisdictions within this state charged with personnel administration in conducting joint tests for establishing lists from which eligibles shall be certified for appointment in accordance with the respective laws.
(Acts 1939, No. 58, p. 68, §8; Code 1940, T. 55, §299; Acts 1953, No. 756, p. 1018; Acts 1993, No. 93-620, p. 1034, §1.)
The director shall recommend such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this article and may from time to time recommend amendments thereto. When such rules or amendments are recommended by the director, the board shall hold a public hearing thereon and shall have power to approve or reject the recommendations of the director wholly or in part or to modify them and approve them as so modified. Rules or amendments thereto which are approved by the board or on which the board takes no action within 30 days after they are recommended by the director shall be submitted to the Governor by the director, who shall have power to approve or reject them. Such rules or amendments thereto shall become effective when approved by the Governor or on the tenth day after they are submitted to him if prior thereto he shall not have rejected them. Rules adopted under this section, not in conflict with the laws of Alabama, shall have the force and effect of law.
Among other things, such rules shall provide for the method of administering the classification plan and the pay plan; the establishment, maintenance, consolidation and cancellation of lists; the application of service ratings; the hours of work, attendance regulation and leaves of absence for employees in the state service; and the order and manner in which lay-offs shall be effected. Such rules may include any provisions relating to state employment, not inconsistent with the laws of the state, which may be necessary or appropriate to give effect to the provisions and purposes of this article.
The powers conferred upon the director by this section shall be subject only to the provisions of this article and of the rules adopted under this section and may be exercised by regulation or by order as the director sees fit.
(Acts 1939, No. 58, p. 68, §9; Code 1940, T. 55, §300.)
(a) Positions in the service of the state shall be divided into the exempt, the unclassified, and the classified service.
(b) The exempt service shall include all of the following:
(1) Officers elected by the vote of the people.
(2) Officers and employees of the Legislature.
(3) All employees of a district attorney’s office.
(4) Members of boards and commissions, whether appointed or self-perpetuating, and heads of departments required by law to be appointed by the Governor or by boards or commissions with the approval of the Governor.
(5) All officers and employees of the state’s institutions of higher learning, teacher-training institutions and normal schools, educational, eleemosynary, and correctional institutions which are governed and controlled by boards of trustees or similar governing bodies, and secondary agricultural schools and vocational schools.
(6) All inmate help in all charitable, penal, and correctional institutions.
(7) All commissioned and warrant officers and enlisted personnel of the national guard and naval militia of the state in their respective military and naval grades.
(8) The Governor’s private secretary, legal advisor, recording secretary, and those employees of the Governor’s office paid exclusively out of the Governor’s Emergency or Contingent Funds.
(9) The employees of the Alabama State Port Authority engaged in railroad service and subject to the provisions of an act of Congress known as the Railway Labor Act as amended or as it may hereafter be amended.
(10) For each agency, up to three employees in addition to any other exempt positions as otherwise allowed by law; provided no classified employees or positions are eliminated and these positions may not be occupied by the head of an agency.
(11) For the Department of Conservation and Natural Resources, the Department of Corrections, the Department of Human Resources, the Department of Mental Health, the Alabama Department of Public Health, the Department of Revenue, the Department of Transportation, and the Alabama State Law Enforcement Agency, one employee in addition to the number of employees provided for in subdivision (10), and in addition to any other exempt positions otherwise allowed by law, provided this position may not be occupied by the head of an agency.
The services listed in this subsection as exempt shall in no respect be subject to the provisions of this article, anything to the contrary notwithstanding.
(c) The unclassified service shall include:
(1) One confidential assistant or secretary for each board, commission, and elected officer and, when requested by the Governor, for each department head appointed by the Governor; and
(2) All employees of the Governor’s office not exempted. The positions in the unclassified service enumerated in this subsection may at the request of the appointing authority be filled by classified employees. Each of the employees thus appointed, at the conclusion of his or her occupancy of such position, shall resume his or her previous status in the classified service.
(d) The classified service shall include all other officers and positions in the state service.
(e) Except as to services denominated as exempt or unclassified services in subsections (b) and (c), the Governor shall have the power by executive order to extend the provisions of this article to include additional positions or classes of positions.
(f) Employees in the unclassified service shall be subject to the same rules of employment as apply to employees in the classified service except as to appointment and dismissal.
(Acts 1939, No. 58, p. 68, § 10; Acts 1939, No. 554, p. 876, §1; Code 1940, T. 55, §301; Acts 1943, No. 349, p. 332, §1; Acts 1991, No. 91-479, p. 867, §1; Act 2015-478, p. 1643, §1; Act 2023-538, §1.)
The director shall, as soon as practicable after this article takes effect, ascertain and record the duties of each position in the state service and, after consultation with appointing authorities and principal supervising officials, recommend to the board a classification plan, together with proposed rules for its administration. Such classification plan shall show each class of position in the state service and, when approved by the board, shall be made public together with the rules for its administration. Each such class shall include positions requiring duties which are substantially similar in respect to the authority, responsibility and character of the work required in the performance thereof and shall be designated by a title indicative of such duties. Each class shall be so defined that the same requirements as to education, experience, capacity, knowledge and skill are demanded of incumbents for the proper performance of their duties, that the same tests of fitness may be used in choosing qualified appointees and that the same schedule of pay can be made to apply with equity under like working conditions. The class titles shall be used in personnel, budget and financial records and communications. As far as practicable the natural or probable lines of promotion to and from the class of position shall be designated or indicated.
(Acts 1939, No. 58, p. 68, §12; Code 1940, T. 55, §303.)
The State Director of Personnel shall:
(1) Regularly assess the educational, experiential, and training requirements necessary for each classification of positions in the state service.
(2) Identify classifications of positions in the state service for which the educational, experiential, or training requirements could be reduced from their present level.
(3) Reduce, to the extent practicable, the number of classifications of positions in the state service for which a four-year college degree is required for employment.
(Act 2024-354, §1.)
After consultation with appointing authorities and the state fiscal officers, the director shall prepare and recommend to the board a pay plan for all employees in the state service. Such pay plan shall include for each class of positions a minimum and a maximum rate and such intermediate rates as the director considers necessary or equitable. In establishing such rates the director shall give consideration to the experience in recruiting for positions in the state service, the prevailing rates of pay for the services performed and for comparable services in public and private employment, living costs, maintenance or other benefits received by employees and the state’s financial condition and policies. Such pay plan, after adoption by the board, shall be submitted to the Governor, who shall have the power to revise or alter the plan. Such pay plan shall take effect when approved by the Governor. Amendments thereto may from time to time be made in the same manner. Each employee in the state service shall be paid at one of the rates set forth in the pay plan for the class of positions in which he is employed.
(Acts 1939, No. 58, p. 68, §13; Code 1940, T. 55, §304.)
It shall be unlawful for the Comptroller, any county official, officer or employee or any other fiscal officer to draw or issue any warrant on the State Treasury, county treasurer or county depository for the payment of any salary or compensation to any person in the state service for personal services, unless the payroll, estimate, voucher or account for such salary or compensation containing the name of the person to be paid shall bear the certification of the director that the person or persons named therein are employees of the state and are legally entitled to receive the sums stated therein.
Any sum paid contrary to any provision of this article or of any rule, regulation or order thereunder may be recovered in an action maintained in the name of the state by the Attorney General or by any citizen or taxpayer of Alabama from any officer who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment or from the sureties on the official bond of any such officer. All moneys recovered in any such action shall be paid into the State Treasury.
The Attorney General or any citizen or taxpayer of Alabama may likewise maintain a civil action to restrain a disbursing officer from making any payment in contravention of any provision of this article or of any rule, regulation or order thereunder.
Any person appointed or employed in contravention of any provision of this article or of any rule, regulation or order thereunder who performs service for which he is not paid may maintain an action against the officer or officers who purported so to appoint or employ him to recover the agreed pay for such services or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the state at any time for any sum paid to such person on account of such services.
If the director wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain an action to compel the director to certify such payroll voucher or account.
(Acts 1939, No. 58, p. 68, § 11; Code 1940, T. 55, §302.)
(a) The personnel board may adopt, establish, and maintain a deferred compensation plan or plans, except under Internal Revenue Code Section 403 (b), for the employees of the State of Alabama or any city, town, county, or public entity or corporation organized pursuant to the laws of this state. Notwithstanding the foregoing, prior to the employees of a county or political subdivision of the county participating in a plan, the employing county or political subdivision of the county shall approve participation in the plan. The personnel board may include in any such plan any provision that does not cause the plan to fail to qualify for its tax-favored treatment under the United States Internal Revenue Code, including, but not limited to, participant loans, unforeseeable emergency or hardship distributions, Roth deferrals, rollovers, transfers to purchase service credit, and distributions to purchase a retired public safety officer’s health insurance.
(b) The State of Alabama Personnel Board may adopt and arrange for consolidated billing and efficient investment, trustee, administrative, and professional services in order that any such plans adopted shall operate without cost to or contribution from the State of Alabama except for incidental expenses associated with administering any such plan, the payroll salary-reductions and the remittance thereof to the trustee or custodian of the plan or plans.
(c) Alabama state employees, or the employees of any city, town, county, or public entity or corporation organized pursuant to the laws of this state may participate in these plans on a voluntary basis by authorizing in writing to their employer a reduction in their cash remuneration to be placed in the plan or plans.
(d) The Finance Director, Comptroller, or other appropriate official is hereby authorized and directed to initiate payroll deductions for the plans as directed by each employee.
(e) Participants who are receiving monthly benefits from the Employees’ Retirement System of Alabama, the Judicial Retirement Fund of Alabama, the Teachers’ Retirement System of Alabama, or any other public retirement plan may opt to have the cost of their retiree health insurance deducted from their deferred compensation distribution in accordance with the guidelines of the United States Internal Revenue Service.
(f) It is expressly provided that any benefits under the provisions of this section shall be in addition to any other benefits provided by law for any employees of the State of Alabama, and this section is specifically made supplemental to and shall be construed in pari materia with the provisions of the employees’ retirement law of Alabama.
(g) Except as otherwise required under the Internal Revenue Code, each such deferred compensation plan and its trust shall be established and maintained for the exclusive benefit, as defined by law of the plan’s participants and their beneficiaries, and all assets of any such plan shall be held for the exclusive benefit of the plan’s participants and their beneficiaries. For the purposes and within the meaning of Section 19-3B-102, each such plan is declared to be a trust created by statute and is therefore required to be administered in the manner of an express trust.
(Acts 1971, 3rd Ex. Sess., No. 76, p. 4285, §§1-4; Act 2012-232, p. 431, §1; Act 2015-83, §1.)
AMENDED BY ACT 2026-574, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
(a) The director shall conduct tests to establish employment registers for the various classes of positions in the classified service. The tests shall take into consideration elements of character, reputation, education, aptitude, experience, knowledge, skill, personality, physical fitness and other pertinent matters and may be written or oral or any other demonstration of fitness as the director may determine. For a promotion test, the qualifications shall include the requirement that an applicant be employed in a position in such class and for such length of time, as the director shall specify, subject to the rules. Public notice of the time, place and general scope of every test shall be given. The director, with the approval of the board, shall determine the qualifications for admission to any test. Admission to tests shall be open to all persons who appear to possess the required qualifications and may be lawfully appointed to a position in the class for which a list is to be established, and no fee shall be charged therefor. The director may, however, reject the application of any person for admission to a test or may strike the name of any person from a list or refuse to certify the name of any person on a list for a position if he finds that such person lacks any of the required qualifications or is physically unfit to perform effectively the duties of the position in which he seeks employment or is addicted to the habitual excessive use of drugs or intoxicating liquor or has been convicted of a crime involving moral turpitude or guilty of any notoriously disgraceful conduct or has been dismissed from the public service for delinquency or has made a false statement of a material fact or practiced or attempted to practice any fraud or deception in his application or test or in attempting to secure appointment.
(b) All persons who have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard who have ever served in the armed forces of the United States at any time shall have five points added to any earned ratings in examination for entrance to the classified service. All persons who have ever served in the armed forces of the United States at any time who have been honorably discharged and who established by official records of the United States the present existence of a service-connected disability and because of disability are entitled to pension, compensation or disability allowance under existing laws and widows of such persons who shall have died in line of duty during any such period and widows of such persons who shall have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard and wives of such persons who shall have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard who, because of service-connected disability are not themselves qualified but whose wives are qualified, shall have 10 points added to any earned ratings. In entering upon registers the names of preference claimants entitled to five additional points, they will take the place to which their ratings entitle them on the register with nonveterans (the earned ratings augmented by the five points to which they are entitled) and will be certified when their ratings are reached. The name of a veteran with the augmented rating is entered ahead of the name of a nonveteran when their ratings are the same. The names of persons entitled to a 10-point preference, however, will be placed ahead of all others on the register with the same rating (ahead of veterans entitled to a five-point preference and nonveterans) and shall be then certified in the order of their augmented ratings. An appointing officer who passes over a veteran eligible and selects a nonveteran with the same or lower rating shall file with the director the reasons for so doing, which reasons will become a part of the veteran’s record but will not be made available to anyone other than the veteran himself, except in the discretion of the appointing officer. When reductions are being made in any part of the classified service, persons entitled to military preference in appointment shall be the last to be discharged or dropped or reduced in rank or salary if their record is good or if their efficiency rating is equal to that of any employee in competition with them who is retained in the service in their department.
(c) The board shall, in establishing and administering standards of personnel qualifications, pay plans and tests both for personnel now in place as well as that later employed, cooperate with and avail itself fully of the advice and assistance of the appointing authorities involved and of the federal government in those departments administered in whole or in part with federal funds.
(Acts 1939, No. 58, p. 68, § 14; Code 1940, T. 55, §305; Acts 1951, No. 283, p. 568, § 1; Acts 1971, No. 979, p. 1748, § 1.)
(a) No person who is required to register with the Selective Service System under the United States Military Selective Service Act (50 U.S.C. App. 453) shall:
(1) Be offered employment by the State of Alabama without proof of such registration; nor
(2) Be eligible to initially enroll in any state postsecondary institution of higher learning without proof of such registration.
(b) No person who has failed to register as required by the United States Military Selective Service Act (50 U.S.C. App. 453) and who is employed by this state as of January 1, 1992, shall be promoted or reclassified to a higher position without proof of such registration.
(c) The State Personnel Board and the institutions of higher learning in this state are hereby authorized to promulgate such rules and regulations as they deem appropriate to effectuate the intent of this section in the manner prescribed by the state administrative procedure statutes. Certification by the applicant of his registration status shall be deemed adequate to effectuate the intent of this section.
(Acts 1991, No. 91-584, p. 1073, §§1-3.)
The State Director of Personnel shall, upon the request of an appointing authority, add to any certification of three eligible for employment the name of any handicapped person on the eligible list who is certified by the Director of the Department of Rehabilitation Services, as being eligible for rehabilitation services; but, the Director of the Department of Personnel may nevertheless not give preference in certification for employment to any handicapped person if he finds such person is physically or otherwise unfit to perform effectively the duties of the position in which he seeks employment.
(Acts 1965, 2nd Ex. Sess., No. 119, p. 166, § 1.)
Vacancies in the classified service shall be filled either by transfer, promotion, appointment, reappointment or demotion.
Whenever a vacancy is to be filled by appointment, the appointing authority shall submit to the director a statement of the title of the position and, if requested by the director to do so, the duties of the position and desirable qualifications of the person to be appointed and a request that the director certify to him the names of persons eligible for appointment to the position. The director shall thereupon certify to the appointing authority the name of the 10 ranking eligibles from the most appropriate register and, if more than one vacancy is to be filled, the name of one additional eligible for each additional vacancy or all the names on the register if there are fewer than 10. Except that in the appointment of attorneys or legal research aides under this section by the Attorney General for appointment in the office of the Attorney General the director shall certify to the Attorney General the names of all eligibles who meet the minimum qualifications for the particular class of attorneys. The Attorney General may then appoint any person on the register of eligibles without regard to position on that register. If it should prove impossible to locate any of the persons so certified or should it become known to the director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until 10 persons eligible and available for appointment have been certified. Within 10 days after such names are certified, the appointing authority shall appoint one of those whose names are certified to each vacancy which he is to fill; except, that, in the event that he has fewer than the authorized number of persons from which to make his selection, he may choose from the remaining certified names or if he has fewer than three persons from which to make his selection he may make a provisional appointment as provided by Section 36-26-18. In the event that there does not exist an employment register which the director deems to be appropriate for the class in which the position is established, he shall prepare such a register within a reasonable time after receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to and rejected by appointing authorities three times, the director may remove the name of such person from the employment register.
(Acts 1939, No. 58, p. 68, § 16; Code 1940, T. 55, §307; Acts 1980, No. 80-288, p. 402, § 1; Acts 1985, No. 85-459, p. 447, § 1.)
(a) Extraordinary appointments include temporary appointments, emergency appointments, exceptional appointments and provisional appointments.
(b) Whenever the services to be rendered by an appointee are for a temporary period not to exceed 104 workdays and the need for such service is important and urgent, the director may select for such temporary service any person on the proper eligible register without regard to his standing on such register. Successive temporary appointments to the same position or of the same candidate shall not be made under this provision. The acceptance or refusal by an eligible of such temporary appointment shall not affect his standing on the register for regular employment, nor shall a period of temporary service be counted as a part of the probationary service in case of subsequent appointment to a regular position.
(c) Whenever there is an emergency condition existing in the service, appointment may be made of a noneligible person to perform work in such position and under such conditions, but in no case shall such appointment be continued for more than 10 days, and in no case shall successive emergency appointments be made.
(d) Whenever there is a vacancy in a position in the classified service where peculiar and exceptional qualifications of a scientific, professional or educational character are required and upon satisfactory evidence that for specified reasons competition in such special case is impracticable and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the personnel board upon recommendation of the personnel director may suspend the examination requirements in such case, but no suspension shall be general in its application to such place or position, and all such cases of suspension shall be reported in the annual report of the department with the reasons for such action in each case.
(e) Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the director. If such nominee is found by the director to have had experience and training which appear to qualify him for the position, the director may authorize the appointment of such person to such vacancy only until an appropriate eligible register can be established and appointment made therefrom. In no event shall a provisional appointment be continued for more than 156 workdays. Successive provisional appointments of the same person shall not be made.
(f) When the Governor declares that an emergency warranting such action exists, such as a war or other national emergency that causes serious manpower problems, limited tenure appointments may be made. Qualification standards may be lowered in such cases, but whenever practicable there shall be competition among those meeting the lowered standards for such appointments. The personnel director may, however, in the absence of any appropriate lists, authorize a limited tenure appointment without examination. In either case such appointments shall be for not longer than the “duration plus six months” and shall give persons so appointed no status in the classified service by reason of such durational appointment. Such limited tenure appointments shall be made by the authority designated by law in accordance with the provisions of this article.
(Acts 1939, No. 58, p. 68, § 17; Code 1940, T. 55, §308; Acts 1943, No. 348, p. 331, § 1.)
For positions involving unskilled or semiskilled labor or domestic attendants or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed by this article, the director, subject to the rules, may adopt or authorize the use of such other procedures as he determines to be appropriate in order to meet the needs of the service while assuring the selection of such employees on the basis of merit and fitness. Such procedures may, so far as practicable, include the testing of applicants and maintenance of lists of eligibles by localities, the testing of applicants, singly or in groups, at periodic intervals, at the place of employment or elsewhere, after such notice as the director considers adequate, the registration of applicants who pass a noncompetitive test or submit satisfactory evidence of their qualifications and appointment of registered applicants in the order of their application or by lot or any variation or combination of the foregoing or other suitable method.
(Acts 1939, No. 58, p. 68, §15; Code 1940, T. 55, §306.)
The director shall devise plans for and cooperate with appointing authorities and other supervising officials in the conduct of employee training programs to the end that the quality of service rendered by persons in the classified service may be continually improved.
(Acts 1939, No. 58, p. 68, §29; Code 1940, T. 55, §319.)
(a) Every person appointed to a position in the classified service after certification of his name from a promotion list or an employment list shall be tested by a working test while occupying such position. The period of such working test shall commence immediately upon appointment and shall continue for such time, not less than six months, as shall be established by the director. At such times during the working test period and in such manner as the director may require, the appointing authority shall report to the director his observation of the employee’s work and his judgment of the employee’s willingness and ability to perform his duties satisfactorily and as to his habits and dependability.
(b) At any time during his working test period, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that such employee is unable or unwilling to perform his duties satisfactorily or that his habits and dependability do not merit his continuance in the service. Upon such removal, the appointing authority shall forthwith report to the director and to the employee removed his action and the reason thereof. No more than three employees shall be removed successively from the same position during their working test periods without the approval of the director. The director may remove an employee during his working test period if he finds, after giving him notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.
(c) Ten days prior to the expiration of an employee’s working test period, the appointing authority shall notify the director in writing whether the services of the employee have been satisfactory and whether he will continue the employee in his position. A copy of such notice shall be given to the employee. No employee shall be paid for work performed after the expiration of his working test period unless, prior to the performance of such work, the appointing authority has notified the director that the employee will be continued in his position.
(d) If any employee is removed from his position during or at the end of his working test period and the director determines that he is suitable for appointment to another position, his name may be restored to the list from which it was certified. If any such employee was a regular employee in another position in the classified service immediately prior to his appointment, his name shall be placed on the reemployment list for the class of the position in which he was a regular employee.
(Acts 1939, No. 58, p. 68, §18; Code 1940, T. 55, §309.)
(a) In cooperation with appointing authorities, the director shall establish and may from time to time amend standards of performance and output for employees in each class of positions in the classified service or for groups of classes and a system of service ratings based upon such standards. In such manner and with such weight as shall be provided in the rules, service ratings shall be considered in determining salary increases and decreases within the limits established by law and by the pay plan, as a factor in promotion tests, as a factor in determining the order of lay-off when forces must be reduced because of lack of funds or work and the order in which names are to be placed on reemployment lists and as a means of discovering employees who should be promoted, demoted, transferred or dismissed.
(b) In such manner and at such time as the rules may require, each appointing authority shall report to the director the service ratings of employees in his division or such information as the director may request as a basis for determining such service ratings. Any employee shall be given reasonable opportunity to inspect the records of the department which show his service ratings and the service ratings of other employees in the same class and division.
(Acts 1939, No. 58, p. 68, §19; Code 1940, T. 55, §310.)
Within the discretion of the director, vacancies in positions shall be filled, insofar as practicable, by promotion from among regular employees holding positions in the classified service. Promotion shall be based upon merit and competition.
(Acts 1939, No. 58, p. 68, §20; Code 1940, T. 55, §311.)
An appointing authority may, at any time, assign a classified employee under his jurisdiction from one position to another in the same class. Any classified employee may be transferred from one department to another in the same class; provided, that the director shall have authorized the transfer and shall have received the approval of both appointing authorities concerned. In every case involving transfer, the appointing authority shall submit a written request to the director.
(Acts 1939, No. 58, p. 68, §21; Code 1940, T. 55, §312.)
An appointing authority may, upon giving written notice and stating reasons to and with the approval of the director, demote a classified employee under his jurisdiction from a position in one class to a position in a lower class.
(Acts 1939, No. 58, p. 68, §22; Code 1940, T. 55, §313.)
(a) In accordance with the rules, an appointing authority may lay off an employee in the classified service whenever he or she deems it necessary by reason of shortage of work or funds or the abolition of a position or other material change in duties or organization. The seniority and service ratings of employees shall be considered, in such manner as the rules shall provide, among the factors in determining the order of layoffs. The appointing authority shall give written notice to the director of every proposed layoff a reasonable time before the effective date thereof, and the director shall make such orders relating thereto as he or she considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list.
(b) In addition to any rights currently provided to state employees, any permanent state employee who is laid off from a position under the state Merit System shall have priority for any other position in the same class filled from an open competitive register by any appointing authority in accordance with rules adopted by the State Personnel Board.
(c) No state agency or appointing authority may abolish a classified position through the layoff provisions if the state agency or appointing authority is employing an individual or individuals outside the Merit System to perform similar duties, as determined by the State Personnel Department. In the event of a layoff, the non-merit employee shall be separated before a classified employee is laid off. This subsection shall not apply if there is no classified employee in a substantially similar position, as determined by the State Personnel Department, who will accept the duties and conditions of the non-merit employee who would otherwise be separated.
(d) A non-merit employee shall not be hired until all classified employees who have been laid off from a substantially similar position, as determined by the State Personnel Department, have been offered the position and have likewise rejected the offer for the position.
(e) A state department or appointing authority may enact a voluntary furlough plan for employees if the voluntary furlough plan is approved by the State Personnel Department.
(f) Any furlough plan adopted by a state department or appointing authority shall be applicable to the entire department affected and shall be voluntary at the sole discretion of the employee.
(g) Any state employee subject to this section shall otherwise remain whole, including, but not limited to, his or her state retirement, state insurance, including, but not limited to, family coverage, other state benefits, leave, time of service, and status.
(h) The provisions of this section are supplemental and shall not be construed to repeal any law not in direct conflict.
(Acts 1939, No. 58, p. 68, §23; Code 1940, T. 55, §314; Acts 1983, No. 83-493, p. 691, §1; Act 2003-501, p. 1521, §1; Act 2009-502, p. 928, §1; Act 2010-604, p. 1474, §1.)
(a) An appointing authority may dismiss a classified employee whenever he considers the good of the service will be served thereby, for reasons which shall be stated in writing, served on the affected employee and a copy furnished to the director, which action shall become a public record. The dismissed employee may, within 10 days after notice, appeal from the action of the appointing authority by filing with the board and the appointing authority a written answer to the charges. The board shall, if demand is made in writing by the dismissed employee within 10 days after notice of discharge, order a public hearing and, if the charges are proved unwarranted, order the reinstatement of the employee under such conditions as the board may determine. Upon a majority vote of the board, the board may impose a punishment other than termination including but not limited to a reinstatement with forfeiture of back wages and benefits between the date of termination and the date of the board’s order reinstating the employee, or a suspension up to and including 30 days.
(b) In addition to removal by an appointing authority, persons in the classified service may be removed or disciplined in the manner described in this subsection. Charges may be filed by any officer, citizen or taxpayer of the state with the director who shall, within five days, cause a copy to be served upon the person complained against and shall set a day not less than 10 nor more than 20 days after such charges have been served on such employee for a public hearing of such charges. This hearing may be before the director, a special agent appointed for the purpose by the director or the board itself. If before the director or a special agent, the director or special agent shall take testimony offered in support and denial of such charges and from the same submit to the board, within five days, a finding of facts and law involved and a recommended decision. The board at its next regular or special meeting shall consider said report and modify, alter, set aside or affirm said report and certify its findings to the appointing authority who shall forthwith put the same into effect. If the board hears said charges directly or requires the transcribing and submission of the testimony taken before the director or special agent, it shall make up and file its own findings and decision. The decision of the board based upon its records and the testimony shall be final.
(c) In proceedings under this section it shall be no defense or excuse for a forbidden act or for an omission to observe the laws or rules that such act or omission was directed by a superior, unless a written direction or order from such superior to that effect is proved. If any employee in the state service shall willfully refuse or fail to appear before any court or judge, any legislative committee or any officer, board or body authorized to conduct any hearing or inquiry or, having appeared, shall refuse to testify or answer any question relating to the affairs or government of the state or the conduct of any state officer or employee on the ground that his testimony or answers would tend to incriminate him or shall refuse to waive immunity from prosecution on account of any matter about which he may be asked to testify at any such hearing or inquiry, such conduct shall be cause for removal.
(Acts 1939, No. 58, p. 68, §24; Code 1940, T. 55, §315; Acts 1983, No. 83-673, p. 1060, §1.)
Notwithstanding any other laws, rules, or regulations to the contrary, when a document pertaining to disciplinary action, including, but not limited to, written reprimands, suspensions, notes pertaining to oral reprimands or counselings regarding a state employee, or notes pertaining to matters that may be used regarding the employee in a disciplinary action are placed in the employee’s personnel file, the agency which is the employer shall supply a copy of the documentation to the employee no later than 10 days after its inclusion in his or her personnel file. In the event that the information is not provided to the employee within 10 days as herein required, the reprimands or notes shall be removed from the employee’s file and shall not be used against the employee in any future proceeding or disciplinary action.
(Act 99-401, p. 669, § 1.)
(a) An appointing authority may peremptorily suspend any employee without pay or other compensation as punishment for improper behavior, but the suspension or total suspension by the appointing authority of the person shall not exceed 30 business days in any year of service. The suspension with loss of pay may be effected only by service upon the employee by the appointing authority of written charges setting out clearly the reasons for which the suspension is being considered. Within 10 business days, the employee must accept the suspension or request a suspension hearing. If the employee requests a suspension hearing, the appointing authority shall appoint an independent hearing officer to receive evidence and issue a recommendation on the proposed suspension. The appointing authority may accept or reject the recommendation of the hearing officer. If the appointing authority rejects the recommendation, written justification for the rejection must be provided to the employee.
(b) The appointing authority shall appoint an independent hearing officer from a list of eligible hearing officers which shall be maintained by the State Personnel Department. The appointed hearing officer may be employed by the appointing authority, but shall be independent of the division or area in which the employee works. Any challenge as to the appointment of the independent hearing officer shall be made to the State Personnel Director within five days of notification of the appointment. For the purposes of this section, a hearing officer shall be any person or persons approved by the State Personnel Department to hear a suspension case. If it is the preference of the appointing authority, a hearing officer may be appointed from the Governmental Hearing Officer register, which is compiled and maintained by the State Personnel Department.
(c) Nothing in this section limits an appointing authority’s power to provide additional due process safeguards to employees.
(d) The burden of proof shall lie with the appointing authority to prove the charges forming the basis of the suspension.
(e) Those departments or agencies currently having an existing process for suspension hearings may continue to use the existing process, provided that they observe tenets of due process, including that the burden of proof shall lie with the appointing authority.
(f) This section shall not apply to any department which currently employs and continues to employ as a standard practice in such cases a pre-disciplinary hearing before an independent hearing officer who makes a recommendation for disciplinary action to the appointing authority based upon a fair hearing of the matter.
(Acts 1939, No. 58, p. 68, §25; Code 1940, T. 55, §316; Act 2001-670, p. 1404, §1; Act 2012-463, p. 1282, §1; Act 2019-127, §1.)
No charges for dismissal or disciplinary action shall be preferred against any employee in the classified service of the state after the expiration of three years from the date such cause became known to the authority having the power to dismiss or discipline such employee.
(Acts 1951, No. 986, p. 1661, § 1.)
Any person who, at the time he is called into active service in any of the Armed Forces of the United States or at the time when he enters into the active service in any of the Armed Forces of the United States, has any status whatsoever under this article in the classified service as defined by this article, shall not thereby lose his status by reason of his service in any of the Armed Forces of the United States.
(Acts 1939, No. 651, p. 1027, §1; Code 1940, T. 55, §316(1).)
Upon the application in writing of any such person, which application shall be directed to and filed with the State Director of Personnel, the State Personnel Board shall enter upon its minutes an order or memorandum granting to such applicant an indefinite leave of absence for such length of time as such applicant shall honorably serve in any of the Armed Forces of the United States.
(Acts 1939, No. 651, p. 1027, §2; Code 1940, T. 55, §316(2).)
At any time before the expiration of 12 months after the termination of the period of honorable service of such applicant in any of the Armed Forces of the United States, he may apply in writing, which application shall be directed to and filed with the State Director of Personnel, for the termination of his leave of absence. Within 30 days of the filing of such application, the State Personnel Board shall consider the same and, if the mental and physical condition of the applicant are such that he is not thereby disqualified to perform the duties of such position from which he had leave of absence, it shall thereupon order his restoration to said position, effective upon the date on which the said order is made and entered. Such restoration shall be made, as provided in this section, notwithstanding the fact that it results in the layoff of the incumbent who is serving in such position.
(Acts 1939, No. 651, p. 1027, §3; Code 1940, T. 55, §316(3).)
(a) Any person who has held a classified position in any merit or civil service system within the State of Alabama or within any political subdivision thereof and relinquished that position to accept an appointment to an unclassified position shall be returned to permanent status in the same merit classification which that person held at the time of appointment, providing that person shall:
(1) Choose to be returned to the merit or civil service classification.
(2) Have accepted an appointment to an unclassified position within the same agency where employment was under the merit or civil service system.
(3) Not have had a break in service exceeding one pay period.
(4) Not have been the subject to any pending disciplinary action at time of appointment.
(5) Have had at least 10 years service in the merit or civil service system at time of appointment.
(b) Any person who returns to a former merit or civil service classification under the provisions of subsection (a) shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the employee and to which the employee would have otherwise been entitled had he or she remained within the classified service. It is further provided, that when a person returns to a former classification no person serving in that classification shall be reduced in classification but reduction if necessary shall be accomplished by attrition.
(Acts 1980, No. 80-730, p. 1475, §§1, 2; Act 2015-478, §1.)
Those employees who are not in the classified service, as defined by this article, upon being called into or entering the military service, shall have the same rights and privileges as to reemployment by the state or any department thereof as are granted to those employees in the classified service by Sections 36-26-30 through 36-26-32.
(Acts 1951, Ex. Sess., No. 5, p. 169, §8.)
Notwithstanding any other provision of law, the head of each department or independent establishment in the state government shall grant, under regulations prescribed by the State Personnel Board, to employees under their respective jurisdictions, to the extent compatible with the exigencies of the public business and the performance of essential services, time off from duty (without charge to any leave otherwise authorized by law and without loss of compensation and other employee benefits) to comply with religious obligations prescribed by religious denominations of which such employees are bona fide members. Any such time off so granted shall be made up by the employee concerned under appropriate regulations of the authority concerned. Any denial of such time off shall be predicated on a written answer of the authority concerned which shall state the reasons for such denial and shall be transmitted to the employee concerned.
(Acts 1967, No. 212, p. 576, § 1.)
(a) All persons who are regularly employed by the state and who are subject to the provisions of the state Merit System, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Services Agency personnel, whether subject to the state Merit System or not, shall be entitled to accumulate annual leave on the basis of biweekly pay periods through the payday on March 17, 2006, as follows:
| Employee’s total service with: | Accumulation of leave per pay period | Annual Accumulation | | --- | --- | --- | | Fewer than five years’ service | 4 hours | 13 days | | Five but less than 10 years’ service | 5 hours | 16 days 2 hours | | 10 but less than 15 years’ service | 6 hours | 19 days 4 hours | | 15 but less than 20 years’ service | 7 hours | 22 days 6 hours | | 20 but less than 25 years’ service | 8 hours | 26 days | | 25 years of service or more | 9 hours | 29 days 2 hours |
(b) Beginning with the payday on April 3, 2006, all persons who are regularly employed by the state and who are subject to the provisions of the state Merit System, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Services Agency personnel, whether subject to the state Merit System or not, shall be entitled to accumulate annual leave on the basis of semi-monthly pay periods as follows:
| Employee’s total service with: | Accumulation of leave per pay period | Annual Accumulation | | --- | --- | --- | | Fewer than five years’ service | 4 hours 20 minutes | 13 days | | Five but less than 10 years’ service | 5 hours 25 minutes | 16 days 2 hours | | 10 but less than 15 years’ service | 6 hours 30 minutes | 19 days 4 hours | | 15 but less than 20 years’ service | 7 hours 35 minutes | 22 days 6 hours | | 20 but less than 25 years’ service | 8 hours 40 minutes | 26 days | | 25 years of service or more | 9 hours 45 minutes | 29 days 2 hours |
(c) Maximum accrued leave after 25 years of service shall be limited to 29 1/4 days per year, and the maximum number of days of annual leave which may be carried over at the end of each year shall be limited to 60 days.
(d) Any law enforcement officer in the Department of Public Safety shall be entitled to receive payment for any accrued and unused annual leave days in excess of 60 days, up to a maximum of 10 days per year. Payment shall be calculated using the officer’s regular rate of pay.
(e) Any merit classification of employee of the Department of Corrections requiring certification as correctional or law enforcement officers by the Alabama Peace Officers’ Standards and Training Commission may receive payment for any accrued and unused annual leave hours in excess of 480 hours, up to a maximum of 80 hours per year. Payment shall be calculated using the employee’s regular rate of pay.
(Acts 1973, No. 752, p. 1125, §1; Acts 1980, No. 80-752, p. 1556, § 1; Acts 1997, No. 97-716, p. 1486, §1; Act 2005-316, 1st Sp. Sess., p. 766, §1; Act 2019-286, §2.)
(a) Notwithstanding any other laws, the carry over limit on annual leave for personnel in state departments and agencies who are assigned to work on year 2000 (Y2K) problems and projects may be increased from 480 to not more than 714 hours of annual leave for the years beginning on January 1, 2000, January 1, 2001, and January 1, 2002, upon request by the appointing authority to the Director of Finance for his or her approval of an increase in the limit.
(b) When the Director of Finance approves an increased limit on annual leave for such an employee pursuant to subsection (a), the employee shall earn the additional annual leave in excess of 480 hours in accordance with the schedule for accumulation of annual leave prescribed in subsection (a) of Section 36-26-35.
(c) On December 31, 2002, the carry over limit of 480 hours of annual leave shall again be applicable to any state employee who was excepted from the limit for a certain time under the foregoing provisions of this section.
(d) No employee carrying over more than 480 hours of annual leave under this section shall be compensated for more than 480 hours of accumulated annual leave upon his or her retirement, resignation, or termination.
(Act 99-629, 2nd Sp. Sess., p. 39, §1.)
Notwithstanding any other laws to the contrary, a state employee employed in any branch of state government may donate his or her accrued and unused annual, sick, or compensatory leave to another state employee who has qualified for catastrophic sick leave. The donation shall be subject to the approval of the appointing authority of the employee making the donation and, if the donating employee is in a position with a lower pay grade than the position of the employee receiving the donation, the approval of the State Personnel Board. The appointing authority of the employee receiving the donation may limit the number of hours an employee may receive per catastrophic illness. No employee may receive more than 480 hours of donated leave throughout his or her career with the state without the approval of the State Personnel Board.
(Act 2001-352, p. 457, §1; Act 2002-391, p. 984, §1; Act 2007-293, p. 524, §1; Act 2012-376, p. 938, §1; Act 2022-424, §2; Act 2025-81, §3.)
(a) Upon retirement, each employee who acquires sick leave pursuant to the state Merit System shall receive payment of 50 percent of his or her accrued and unused sick leave, not to include escrowed sick leave as provided herein, at the time of his or her retirement, and payments for the sick leave shall be made at the same rate as his or her regular pay, not to exceed 600 hours.
(b) When a state employee in the classified service dies while in active service to the state, the estate of the deceased employee shall receive a monetary payment of 50 percent of the accrued and unused sick leave, not to exceed 600 hours, which the employee was credited with at the time of his or her death.
(c) The state shall calculate sick leave each pay period. Sick leave earned over 1200 hours shall be considered excess sick leave which shall be accrued and credited to the employee for use as sick leave in the year the excess sick leave is earned.
(d) Excess sick leave over 1200 hours shall be placed in escrow for the state employee who earned the sick leave to be used only as may be provided by State Personnel Board rules.
(e) This section does not preclude the accumulation of and payment for a greater number of hours of sick leave to an employee upon retirement pursuant to Section 16-1-18.1.
(Acts 1973, No. 752, p. 1125, §2; Acts 1996, No. 96-652, p. 1050, §1; Act 2000-328, p. 524, §1; Act 2012-376, p. 938, §1.)
(a) Any Tier I plan member of the Teachers’ or Employees’ Retirement System of Alabama not otherwise covered by a provision to convert unused sick leave into membership service for purposes of service retirement may, at their option and in lieu of receiving payment for 50 percent of their accrued and unused sick leave at the time of their retirement as provided in Section 36-26-36, or any other payment that may be provided for such unused sick leave, use their accrued sick leave, up to a maximum number of 180 accrued sick leave days or as otherwise allowed by law, whichever is greater, to be included as membership service in determining the total years of creditable service in the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama; provided that no employee of an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6 shall be entitled to the benefits provided herein unless such employer shall elect to come under the provisions of this section and further elects to fund the benefits provided herein. Unused sick leave may be converted to membership service only for the purpose of applying for service retirement and may be considered in the determination of eligibility for retirement. The conversion shall not apply to eligibility for deferred retirement. It is further provided that if a Tier I plan member eligible for service retirement is also eligible for disability retirement the member may elect disability retirement and also receive credit for accumulated sick leave pursuant to this section. No Tier I plan member shall receive both service credit provided for by this section and payment or partial payment for accrued sick leave pursuant to any other provision of law.
(b) The conversion of accrued sick leave into creditable service provided in this section shall not apply to any Tier II plan member.
(Acts 1986, No. 86-502, p. 983, §1; Acts 1988, 1st Ex. Sess., No. 88-904, p. 472, §1; Acts 1989, Ex. Sess., No. 89-990, p. 35, §1; Acts 1991, No. 91-617, p. 1158, §1; Act 2012-377, p. 944, §1.)
(a)(1) Annual leave, compensatory leave, and sick leave donation programs for catastrophic illnesses or family leave of qualified state employees shall provide for donations of leave to occur between all state employees employed in the Executive, Legislative, and Judicial Branches of state government.
(2) For purposes of this subsection only, “family leave” means maternity or adoption leave pursuant to rules of the State Personnel Board.
(b) The personnel departments of all branches of state government shall coordinate efforts to adopt and implement the administrative rules and procedures necessary to implement this section.
(Act 2001-352, p. 457, §2; Act 2002-391, p. 984, §1; Act 2012-376, p. 938, §1; Act 2022-424, §2.)
(a) All persons who are regularly employed by the state, and who are subject to the provisions of the state Merit System, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, may be granted bereavement leave with pay for the death of a person related by blood, adoption, or marriage, or as otherwise provided for by the Alabama State Personnel Board. Bereavement leave may be granted only to an employee who does not have accrued sick leave available for such use.
(b) For any one occurrence, the bereavement leave shall not exceed three days.
(c) Any bereavement leave granted to an employee must be reimbursed to the state in the form of leave days, including sick leave, annual leave, and personal leave, within one calendar year of the use of the bereavement leave.
(d) In the event an employee leaves state service before repaying any bereavement leave used, he or she shall have the leave deducted from his or her final pay check.
(Act 2001-478, p. 644, §1.)
(a) In addition to any other leave for state employees provided by law, when a state employee is subpoenaed to be present, or when any state employee who is a parent of a deceased law enforcement officer is requested by the district attorney or Attorney General to be present, for the trial of a defendant charged with a criminal homicide related to the death of the law enforcement officer in the line of duty, the state employee shall be granted paid leave for any time the employee is required to attend the trial.
(b) The State Personnel Department may adopt rules for the implementation and administration of this section.
(Act 2019-379, §1.)
(a) For purposes of this section, the term “employee” means an individual who is employed by any department, agency, or instrumentality of the State of Alabama who is subject to this chapter and who is a permanent employee with at least one year of state service.
(b) An employee may be granted living donor leave with pay for donating an organ or bone marrow, upon fulfillment of all of the following conditions:
(1) Submission to the appointing authority of written request for leave, accompanied by written verification from the physician who will be performing the medical procedure.
(2) A recommendation for the leave, based on the submission required in subdivision (1), by the appointing authority.
(3) Approval of the State Director of Personnel.
(c) The leave granted may be for no more than 30 days in the case of an organ donation and seven days in the case of a bone marrow donation.
(d) Living donor leave shall be a separate classification of leave which shall not apply to or exhaust an employee’s accrued or available leave under any other leave classification.
(Act 2026-559, §2.)
(a) The State Personnel Department, with the advice of the Alabama State Employees’ Association and approval of the Governor, shall have designed a distinctive longevity service recognition pin for each of the various state departments and state agencies and shall promulgate rules and regulations concerning the award thereof.
(b) Each department and agency of state government is hereby authorized and empowered to expend state funds for the purchase and awarding of such pins, together with certificates of appreciation.
(Acts 1973, No. 1278, p. 2192, §§ 1, 2.)
(a) No person shall be appointed or promoted to or demoted or dismissed from any position in the classified service or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations. No person shall seek or attempt to use any political endorsement in connection with any appointment to a position in the classified service. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service or an increase in pay or other advantage in employment in any such position for the purpose of influencing the vote or political action of any person or for any consideration. No employee in the classified service and no member of the board shall, directly or indirectly, pay or promise to pay any assessment, subscription or contribution for any political organization or purpose or solicit or take any part in soliciting any such assessment, subscription or contribution under coercion; provided, however, it shall be unlawful for any officer or employee to solicit any type political campaign contributions from other employees who work for said officer or employee in a subordinate capacity. No employee in the classified service shall be a member of any national, state or local committee of a political party or an officer of a partisan political club or a candidate for nomination or election to any public office or shall take any part in the management or affairs of any political party or in any political campaign, except on his personal time and to exercise his right as a citizen privately to express his opinion and to cast his vote; provided, however, that nothing in this section shall prohibit any person in the classified service from serving out the term of a party office which he had been elected at the time this chapter goes into effect. Any employee in the classified service may engage in political action or political activities on personal time before and after work, holidays and during approved leave.
(b) Any officer or employee in the classified service who violates any of the foregoing provisions of this section shall forfeit his office or position.
(Acts 1939, No. 58, p. 68, §26; Code 1940, T. 55, §317; Acts 1983, No. 83-497, p. 696, §2.)
No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of this chapter and the rules. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to or any advantage in a position in the classified service. No employee of the department, examiner or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this chapter or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
(Acts 1939, No. 58, p. 68, §31; Code 1940, T. 55, §326.)
The director shall make studies and report to the board upon all matters touching the enforcement and the effect of the provisions of this article and the rules and regulations prescribed thereunder. He may visit all places of employment and services affected by this article in order to ascertain and advise with the heads of the various departments concerning their methods of handling those matters affecting employees in the service, such as hours of work, attendance, training, working conditions and morale and in order to ascertain whether the provisions of this chapter and the rules promulgated thereunder are obeyed. The director, in the course of such inquiries, shall have the power to administer oaths, subpoenas and require the attendance of witnesses and the production of books, papers, documents and accounts pertaining to the subject under investigation. All hearings and inquiries made by the director shall be governed by this article and by rules of practice and procedure adopted by the board, and, in conducting such inquiries, he shall not be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony by the director shall invalidate any order, decision, rule or regulation made by him and approved or confirmed by the board. The director shall have authority to inquire concerning the number of employees in any department or office; and, if in his judgment there is an excessive number of employees in proportion to the amount of work required in such department or office, he shall, with the approval of the board, recommend in writing to the appointing authority that the excess number of employees be laid off or transferred. He shall also study the organization and procedure of the different departments and suggest such changes in procedure as may increase efficiency or enable the organization to carry on its work more economically and with a reduced staff.
(Acts 1939, No. 58, p. 68, §30; Code 1940, T. 55, §320.)
Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under any provision of this article, to appear and testify or to produce books and papers who shall, without good cause, disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance and travel shall be the same as fees of witnesses before the courts of record and shall be paid from the appropriation for the expenses of the board. Any judge of a court of record, either in term time or vacation, upon application of a member of the board or the director, shall compel the attendance of witnesses, the production of books and papers and the giving of testimony before the board or an agent thereof by attachment or contempt or otherwise in the same manner as the production of evidence shall be compelled before said court. Any person who, having taken an oath or made affirmation in the course of any investigation or hearing under the provisions of this article, shall willfully and knowingly testify or declare falsely shall be guilty of perjury and, upon conviction, shall be punished accordingly. The director or the board shall require the attendance of employees who are needed as witnesses without subpoena.
(Acts 1939, No. 58, p. 68, §33; Code 1940, T. 55, §321.)
If this article or its enforcement by the director or the board shall be called into question in any judicial proceeding or if any person shall fail or refuse to comply with the lawful orders or directions of the board, such board or the director may call upon the Attorney General or may, with the advice and consent of the Governor, employ independent counsel to represent it in sustaining this article and its enforcement thereof, and such independent counsel shall be paid as other employees of the department are paid.
(Acts 1939, No. 58, p. 68, §35; Code 1940, T. 55, §323.)
It shall be the duty of all officers of the state and of the several counties and municipalities of the state to allow the reasonable use of public buildings and rooms and to heat and light the same for the holding of any examinations or investigations provided for by this article and in all proper ways to facilitate the work of the department.
(Acts 1939, No. 58, p. 68, §36; Code 1940, T. 55, §324.)
The records of the department, except such records as the rules may require to be held confidential by reasons of public policy, shall be public records and shall be open to public inspection, subject to regulations as to the time and manner of inspection which may be prescribed by the director.
(Acts 1939, No. 58, p. 68, §37; Code 1940, T. 55, §325.)
The salaries and all other expenses of the department arising under the provisions of this article shall be paid from the appropriations provided. Vouchers shall be signed by the director or in the absence of the director by his deputy and submitted to the Comptroller who shall draw his warrant in payment thereof.
(Acts 1939, No. 58, p. 68, §34; Code 1940, T. 55, §322.)
All persons employed as guides in the State Capitol complex shall be classified as “Capitol Hostesses” under the provisions of the state Merit System.
(Acts 1975, No. 514, p. 1160, §1.)
A willful violation of any provision of this article shall be deemed a misdemeanor. Any person who is convicted of a misdemeanor under this article shall, for a period of five years, be ineligible for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, shall forfeit his office or position.
(Acts 1939, No. 58, p. 68, §32; Code 1940, T. 55, §327.)
(a) Commencing October 1, 2019, and based on the availability of funds, an appointing authority may provide a lump sum merit reward payment, in an amount of up to two and one-half percent of the annual base salary of a qualified employee on his or her anniversary date if, on October 1 of the fiscal year in which the merit reward payment is to be paid, all of the following conditions have existed for the previous two consecutive fiscal years:
(1) The employee has earned the maximum rate of pay allowed in his or her pay range.
(2) The employee has met or exceeded standards on his or her annual performance appraisal.
(3) A cost-of-living increase has not been provided to state employees.
(b) At the beginning of each fiscal year, an appointing authority shall determine what percentage amount shall be used for calculating the total amount of lump sum merit reward payments to be paid to all qualified agency employees for that fiscal year. If the appointing authority determines that agency funds are insufficient to provide lump sum merit reward payments to all qualified agency employees for any fiscal year, no lump sum merit reward payments may be provided to any qualified employee of the agency for the duration of that fiscal year.
(c) An employee may not receive a lump sum merit reward payment pursuant to this section every year. An agency may not adjust the anniversary date of an employee to provide a lump sum merit reward payment to the employee on an earlier date. A lump sum merit reward payment issued pursuant to this section may not increase the salary of an employee for retirement purposes.
(d) For the purposes of this section, a qualified agency employee does not include any of the following:
(1) An employee, including an hourly employee, whose service or rate of pay is covered by any labor agreement or contract.
(2) Any retired person performing duties in accordance with Section 36-27-8.2.
(3) Any employee who does not receive an annual performance appraisal or service rating.
(4) Any appointing authority or employee who is considered the head of an agency.
(5) Any deputy appointing authority or employee who is considered the deputy head of an agency.
(6) Any unclassified employee or exempt employee.
(e) An employee who has received an increase in his or her pay, bonus pay, or incentive pay during the previous two years may not receive a lump sum merit reward payment under this section.
(f) Any law to the contrary notwithstanding, any branch of state government may provide lump sum merit reward payments to qualified employees pursuant to this section if the government entity regularly assigns employees to standardized pay ranges and administers annual performance appraisals. The award of lump sum merit reward payments to employees pursuant to this subsection shall be subject to the approval of the applicable appointing authority.
(Act 2019-397, §1.)
As used in Sections 36-26-60 through 36-26-63, “state institutions” or “institutions” shall mean the Alabama state hospital known as the Bryce Hospital and the Partlow State School and Hospital, located in Tuscaloosa County, and Searcy Hospital and all institutions under the control of the Board of Trustees of Alabama State Hospitals.
(Acts 1965, No. 697, p. 1296, §1.)
The employees of the state institutions enumerated in Section 36-26-60 shall be governed by personnel Merit System rules and regulations, the same as other employees in state service, as administered by the State Personnel Department. Employees of such state institutions on October 1, 1966, who have been so employed for six months immediately preceding that date shall remain in their respective employments during good behavior; but nothing in this section shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law; and such employees, except for appointment, shall be subject fully to the provisions of the state Merit System Act.
(Acts 1965, No. 697, p. 1296, §2.)
The provisions of Sections 36-26-60 through 36-26-63 shall apply to all officers and employees in the service of the state institutions except:
(1) Members of appointive boards and commissions;
(2) Physicians, surgeons, dentists, psychologists, social workers, nurses and attorneys;
(3) Any person whose employment is subject to the approval of the United States government, or any agency thereof;
(4) Heads of departments in the state institutions; and
(5) Such custodial and laboring positions as may be designated by the State Personnel Department.
(Acts 1965, No. 697, p. 1296, §3.)
The provisions of Section 36-26-10 in conflict with Sections 36-26-60 through 36-26-62 are hereby repealed.
(Acts 1965, No. 697, p. 1296, §4.)
The employees of the state institution located at Tuscaloosa known as Hale Memorial Hospital shall be governed by personnel Merit System rules and regulations, the same as other employees in state service, as administered by the State Personnel Department. Employees of the hospital on December 8, 1967, who have been so employed for six months immediately preceding that date shall remain in their respective employments during good behavior; but nothing in this section shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law; and such employees, except for appointment, shall be subject fully to the provisions of the state Merit System Act and rules and regulations of the State Personnel Board. The provisions of this section shall not apply, however, to the medical director or members of the medical staff of the hospital other than nurses, nor to the administrator or business manager of the hospital nor to such custodial and laboring positions as may be designated by the State Personnel Department.
(Acts 1967, No. 762, p. 1618, § 1.)
On the first day of June 1980, every employee of the Disability Determination Division of the State Department of Education who:
(1) Was initially employed at a time when the state Merit System employment registers from which the Disability Determination Division could select employees had been exhausted, and could not be replenished because the State Personnel Board was under order of a federal court not to give examinations to establish new registers,
(2) Has been employed continuously by said Disability Determination Division for a period of four or more years, and
(3) Has rendered satisfactory service in the position currently held, shall be covered under the state Merit System, without examination, and shall immediately become an employee in the classified service of the state in a position comparable to the position held by such person on May 28, 1980. Thereafter all the benefits of the state Merit System shall be extended to such employees.
(Acts 1980, No. 80-699, p. 1405, §1.)
[Repealed]
Repealed by Act 2003-363, §3, effective September 1, 2003.
(Acts 1981, No. 81-54, p. 66, §§ 1, 2.)
(a) All persons employed on a full-time basis by Alabama educational television or Alabama public television network, who were employed after January 1, 1981, shall be covered under the state Merit System law and shall be extended all benefits of such system.
(b) The classification of personnel employed prior to January 1, 1981, shall not result in any decrease in salary or benefits already vested in said employees, nor shall said classification result in the termination of employment of any presently employed person for failure to meet any qualifications issued by the State Personnel Department, provided, however, that two years after May 17, 1981, all employees must occupy a position in the classified service under the appropriate class based on qualifications and duties for each position as established by the State Personnel Department.
(Acts 1981, No. 81-624, p. 1040, §§ 1, 2.)
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) LOCAL HEALTH OFFICER. The duly appointed health officer serving a county health department or a district health department.
(2) LOCAL HEALTH DEPARTMENT. The county health department or district health department as set forth in Title 22 of this code.
(Acts 1975, 3rd Ex. Sess., No. 149, §1.)
The local health officer or his designee shall appoint such personnel as may be necessary to administer the public health services within the county or district. Upon the request of such local health officer or his designee, the State Personnel Department shall establish a local register of eligibles who are residents of the county or district in which the vacancy exists or who are employed by the county health department or district health department in the county or district in which the vacancy exists. If no appointment is made from the local register or there is no local register, an appointment shall be made from the statewide register; provided, that on July 1, 1975, any person employed in county or district health departments under provisions of the Merit System council for county departments of health shall be covered under the provisions of the state Merit System Act with the same status.
(Acts 1975, 3rd Ex. Sess., No. 149, §2.)
On and after July 1, 1975, all county and district health department employees shall be covered with their current status under the state Merit System and shall be extended all benefits of such system.
(Acts 1975, 3rd Ex. Sess., No. 149, §3.)
The provisions of this article shall not apply to any county health department whose employees are covered by a countywide personnel or Merit System.
(Acts 1975, 3rd Ex. Sess., No. 149, §4.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §1; Act 2002-508, p. 1313, §1.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §3.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2010-264, p. 482, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §4; Act 2004-567, §1.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §5; Act 2004-567, §1.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §6; Act 2004-567, §1.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §7; Act 2004-567, §1.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §8; Act 2004-567, §1.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §9; Act 2004-567, §1.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §2.)
[Repealed]
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Act 2004-567, p. 1340, §§5, 3.)
This article shall be known as and may be cited as the “Truth in Salary Act.”
(Act 2015-82, §1.)
(a) As used in this article, the following words have the following meanings:
(1) EMPLOYEE BENEFIT. Any benefit a public employee received or accrued from his or her employer, including, but not limited to, salary or wages; insurance; allowance for days off such as vacation, holidays, sick leave, or personal days; and contributions toward retirement or pension benefits.
(2) HEALTH INSURANCE PLAN. Either of the following health insurance plans as it applies to an individual public employee or retiree:
a. The State Employees’ Health Insurance Plan.
b. The Public Education Employees’ Health Insurance Plan.
(3) RETIREE. A retiree or a beneficiary of a deceased retiree who receives an employee benefit or pension benefit from a retirement system, as defined in this section.
(4) RETIREMENT SYSTEM. One of the following as it applies to an individual public employee or retiree:
a. The State Employees’ Retirement System, not including any employees or retirees of employers participating pursuant to Section 36-27-6.
b. The Teachers’ Retirement System.
c. The Judicial Retirement Fund.
(5) STATE AGENCY. Any state department, board, commission, bureau, agency, or office, including a legislative or judicial office.
(b) On or before January 31, 2016, and annually thereafter, each state agency, local board of education, and two-year or four-year public college, university, institution of higher education, or postsecondary educational institution shall provide each employee and retiree, electronically and in paper form either by postal service or internal mail system, the following information covering the preceding fiscal year as it applies to that individual employee or retiree:
(1) An itemized statement of all employee benefits the employee or retiree accrued or received.
(2) An itemized statement of all pension benefits the employee or retiree accrued or received.
(3) The total amount of employer contributions made from funds appropriated by the Alabama Legislature to the applicable retirement system.
(4) The approximate percentage of total employer contributions made from funds appropriated by the Alabama Legislature to the applicable retirement system, as compared to the total amount of either General Fund or Education Trust Fund appropriations, as applicable.
(5) The funded ratio of the applicable retirement system, with a listing of the amounts of total assets and total liabilities.
(6) The total amount of employer contributions made from funds appropriated by the Alabama Legislature to the applicable health insurance plan.
(7) The approximate percentage of total employer contributions made from funds appropriated by the Alabama Legislature to the applicable health insurance plan as compared to the total amount of either General Fund or Education Trust Fund appropriations, as applicable.
(c) The State Comptroller’s Office, State Department of Education, Alabama Community College System, Administrative Office of Courts, and each four-year university shall be responsible for administering the statement of benefits to their respective employee populations in accordance with this article. The Retirement Systems of Alabama shall be responsible for administering the statement of benefits to retirees in accordance with this article.
(d) The Retirement Systems of Alabama, State Employees’ Health Insurance Board, Public Education Employees’ Health Insurance Plan, State Personnel Department, Division of Risk Management, and any other entity that provides employee benefits shall coordinate with the entities responsible for administering the statement of benefits in subsection (c) and provide them with all necessary information to comply with this article, unless such information has otherwise been provided to the administering entity.
(Act 2015-82, §2.)
This chapter shall be known and may be cited as “The State Employees Protection Act.”
(Acts 1994, No. 94-244, p. 341, §1.)
As used in this chapter, the following words and phrases have the following meanings:
(1) PUBLIC BODY. All of the following:
a. A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the Executive Branch of state government.
b. An agency, board, commission, council, member, or employee of the Legislative Branch of state government.
c. A law enforcement agency, including the offices of the Attorney General and district attorneys, or any member or employee of a law enforcement agency.
d. The Judicial Branch of state government and any member or employee of that branch.
(2) STATE EMPLOYEE. A person defined as a classified employee under Section 36-26-2.
(3) SUPERVISOR. Any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, regard, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment.
(Acts 1994, No. 94-244, p. 341, §2.)
A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a state employee regarding the state employee’s compensation, terms, conditions, or privileges of employment if the state employee, reports, under oath or in the form of an affidavit, a violation of a law, a regulation, or a rule, promulgated pursuant to the laws of this state, or a political subdivision of this state, to a public body.
(Acts 1994, No. 94-244, p. 341, §3.)
(a) A state employee shall bring a civil action within two years after the occurrence of the alleged violation of this chapter.
(b) A civil action may be brought in Montgomery County, or in the county in which the supervisor against whom the civil complaint is filed resides.
(Acts 1994, No. 94-244, p. 341, §4.)
A court, in rendering a judgment in an action brought pursuant to this chapter, may order, where appropriate, payment of back wages, front wages, and compensatory damages, or any combination of these remedies.
(Acts 1994, No. 94-244, p. 341, §5.)
This chapter does not create a new cause of action against the State of Alabama or its agencies.
(Acts 1994, No. 94-244, p. 341, §6.)
Nothing in this chapter shall be construed to prevent or prohibit a supervisor from disciplining, discharging, transferring, or otherwise affecting the terms and conditions of a state employee’s employment not connected with the conduct protected by this chapter.
(Acts 1994, No. 94-244, p. 341, §7.)
When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) RETIREMENT SYSTEM. The Employees’ Retirement System of Alabama as defined in Section 36-27-2.
(2) EMPLOYEE. Any regular employee of the State of Alabama whose salary is paid by state warrant by the state, except a member of the Legislature of the state, a person who is covered or eligible to be covered under the Teachers’ Retirement System of Alabama or any other retirement system to which contributions are made by the state, an elective official of the state government, and a temporary employee or person engaged under retainer or special agreement. In all cases of doubt the Board of Control shall determine who is an employee within the meaning of this article. The term shall include any regular employee of the Alabama state hospitals and Partlow State School and Hospital and the Alabama State Port Authority, however paid.
(3) EMPLOYER. The State of Alabama or any department, commission, institution, or any other agency of and within the state by which an employee is paid, including employers as provided in Section 36-27-6.
(4) MEMBER. Any employee included in the membership of the system as provided in Section 36-27-4.
(5) BOARD OF CONTROL. The board provided for in Section 36-27-23 to administer the retirement system.
(6) MEDICAL BOARD. The board of physicians provided for in Section 36-27-23.
(7) SERVICE. Service as an employee paid for by an employer.
(8) PRIOR SERVICE. Service rendered prior to the date of establishment of the retirement system for which credit is allowable under Section 36-27-11.
(9) MEMBERSHIP SERVICE. Service as an employee rendered while a member of the retirement system and on account of which contributions are made.
(10) CREDITABLE SERVICE. “Prior service” plus “membership service” rendered since last becoming a member.
(11) BENEFICIARY. Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this article.
(12) REGULAR INTEREST. Interest compounded annually at the rate determined by the Board of Control in accordance with subsection (f) of Section 36-27-25.
(13) ACCUMULATED CONTRIBUTIONS. The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the Annuity Savings Fund, together with regular interest thereon, as provided in Section 36-27-24.
(14) EARNABLE COMPENSATION. The full rate of compensation that would be payable to an employee if he or she worked the full normal work-time. In cases where compensation includes maintenance, the Board of Control shall fix the value of that part of the compensation not paid in money. Earnable compensation shall not exceed the limitations imposed by Section 401(a)(17) of the Internal Revenue Code for public pension funds, except that any employee who was a member of the Employees’ Retirement System before the first plan year beginning after December 31, 1995, shall not be subject to the earning limitations set forth in Section 401(a)(17). For Tier I plan members, the term earnable compensation for retirement purposes shall not include subsistence payments that are made to a member and shall include overtime payments that are made to a member; however, earnable compensation shall not exceed 120 percent of any members’ annual base compensation as certified by the employer. For Tier II plan members, earnable compensation shall include overtime payments that are made to the member but shall not include subsistence payments that are made to the member and shall not exceed one hundred twenty-five percent (125%) of the member’s annual base compensation, as certified by the employer.
(15) AVERAGE FINAL COMPENSATION. For any Tier I plan member, the average annual compensation of the member, with respect to which he or she had made contributions pursuant to subsection (b) of Section 36-27-24 during the three years, in his or her last 10 years of creditable service for which the average is highest or during his or her entire period of creditable service if less than three years; except, that for any period prior to November 1, 1959, the compensation used in computing the average shall include compensation in excess of the maximum amount with respect to which members were required to contribute. For any Tier II plan member, the average annual compensation of the member, with respect to which he or she has made contributions pursuant to subsection (b) of Section 36-27-24 during the five years, in his or her last 10 years of creditable service for which the average is highest or during his or her entire period of creditable service if less than five years.
(16) ANNUITY. Payments for life derived from the “accumulated contributions” of a member. All annuities shall be payable in equal monthly installments.
(17) PENSION. Payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments.
(18) RETIREMENT ALLOWANCE. The sum of the “annuity” and the “pension.”
(19) RETIREMENT. Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article.
(20) ANNUITY RESERVE. The present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.
(21) PENSION RESERVE. The present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.
(22) ACTUARIAL EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.
(23) STATE POLICEMAN. An employee in the classified service under the Merit System Act approved by the State Personnel Board to perform the duties of highway patrolman or a beverage control agent or a crime investigator. The term includes any employee of the Alabama State Law Enforcement Agency who is certified by the Alabama Peace Officers’ Standards and Training Commission and performs law enforcement duties. The term shall not include a member employed as a policeman under Section 36-27-6.
(24) TIER I PLAN. The defined benefit pension plan provided by the Retirement System to Tier I plan members.
(25) TIER II PLAN. The defined benefit pension plan provided by the Retirement System to Tier II plan members.
(26) TIER I PLAN MEMBER. Any member of the Retirement System who had service for which he or she received credit in the Employees’ Retirement System or in the Teachers’ Retirement System prior to January 1, 2013.
(27) TIER II PLAN MEMBER. Any member of the Retirement System who first began eligible employment with an Employees’ Retirement System or a Teachers’ Retirement System participating employer on or after January 1, 2013, and who had no eligible service in the Employees’ Retirement System or the Teachers’ Retirement System prior to January 1, 2013.
(Acts 1945, No. 515, p. 734, §1; Acts 1947, No. 606, p. 445, §1; Acts 1953, No. 79, p. 106, §1; Acts 1955, No. 364, p. 883, §1; Acts 1957, No. 28, p. 59, §1; Acts 1959, No. 375, p. 984, §1; Acts 1963, 1st Ex. Sess., No. 44, p. 144, §1; Acts 1971, No. 1463, p. 2490, §1; Acts 1975, No. 1103, p. 2176, §1; Acts 1995, No. 95-203, p. 313, §5; Act 2012-302, p. 658, §1; Act 2012-377, p. 944, §1; Act 2017-360, §1; Act 2023-73, §1.)
(a) A retirement system is hereby established as a body corporate and placed under the management of the Board of Control for the purpose of providing retirement allowances and other benefits under the provisions of this article for employees of the State of Alabama. The retirement system so created shall be established as of October 1, 1945. It shall have the power and privileges of a corporation and shall be known as the “Employees’ Retirement System of Alabama,” and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held in trust for the purpose for which received.
(b) Any provision of law to the contrary notwithstanding, the Boards of Control of the Teachers’ Retirement System of Alabama and the Employees’ Retirement System of Alabama shall have vested in them all powers necessary to fulfill their fiduciary duty as trustees to members of each respective system including the power to sue and be sued, complain and defend in their own names; provided, however, that as instrumentalities of the state funded by the state, the retirement systems, their officers, and employees shall be immune from suit to the same extent as the state, its agencies, officers, and employees.
(Acts 1945, No. 515, p. 734, §2; Code 1975, §36-27B-6; Acts 1983, No. 83-616, p. 953, §§6(a), 7; Acts 1984, No. 84-259, p. 431, §1.)
(a) The Retirement Systems of Alabama, which consist of the Employees’ Retirement System of Alabama and the Teachers’ Retirement System of Alabama, shall have within its corporate powers, the right to purchase, sell and hold title, in its own name, to any interest or estate in real property.
(b) The Retirement Systems of Alabama shall have within its corporate powers the right to establish, as is consistent with the intent and purpose of the competitive bid laws of the State of Alabama, such facilities and procedures for the making of purchases and for the payment of all equipment and expenses reasonably necessary to the operation of the Retirement Systems of Alabama.
(Acts 1975, No. 1106, p. 2185, §2.)
If the positive investment performance of any retirement system administered by the Retirement Systems of Alabama results in a decrease in the total contribution rate paid by employers and employees participating in such a system, the Retirement Systems of Alabama shall first reduce the employee contribution rate, in an effort to at least partially offset the rate increases provided for in Act 2011-676.
(Act 2011-676, p. 1805, §2.)
(a) The membership of the retirement system shall be composed as follows:
(1) All persons who shall become employees after October 1, 1945, shall become members of the retirement system as a condition of their employment.
(2) Any person who is an employee on October 1, 1945, shall become a member as of that date unless, within a period of 90 days next following, such employee shall file with the Board of Control on a form prescribed by the board a notice of his or her election not to be covered in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise inure to him or her on account of his or her membership in the retirement system.
(3) An employee whose membership in the retirement system is contingent on his or her own election and who elects not to become a member may thereafter apply for and be admitted to membership with all prior service credit as otherwise provided for in this article by applying for such membership at any time prior to July 1, 1962; provided, that the employee pays to the treasurer of the retirement system on or before July 1, 1962, a sum equal to the total contributions which he or she would have made as a member during the period of his or her service as an employee from October 1, 1945, to the date of his or her application for membership. Any member or retired employee who at one time worked as a nonmember may now receive credit for prior service and for the years worked as a nonmember; provided, that the member or retired employee pays to the treasurer of the retirement system on or before July 1, 1962, a sum equal to the total contributions which he or she would have made as a member during the period of his or her employment from October 1, 1945, to the date he or she became a member.
(4) All county engineers of the several counties of the state in whose salaries the State Department of Transportation participates, except county engineers who are already members of this retirement system under provisions of this article or who are covered under the provisions of a county retirement system supported by funds of the employing county. The effective date for the inclusion of county engineers in the system shall be October 1, 1964. Membership in the retirement system shall be optional for county engineers employed on the date participation becomes effective, and any county engineer who elects to enroll in the retirement system within one year thereafter may be admitted to membership with all prior service credit and all membership service credit; provided, that the county engineer pays to the treasurer of the retirement system at the time he or she enrolls a sum equal to the total employee contributions and interest he or she would have had to his or her credit had he or she been a member during the period of his or her service as county engineer from October 1, 1945, to the date of his or her application for membership. Should a county engineer employed on the date participation becomes effective elect to enroll as a member without paying such prior membership contributions and interest, he or she may become a member without credit for service prior to date of his or her enrollment. Membership shall be compulsory for all county engineers who are eligible for such membership upon entering service as a county engineer after the date participation becomes effective to the extent of the State Department of Transportation’s participation in his or her salary.
(b) The Board of Control may, in its discretion, deny the right to become members to any class of employees whose compensation is only partly paid by the state, except as provided in this article.
(c) Should any member in any period of six consecutive years after becoming a member be absent from service more than five years or withdraw his or her contributions, as provided in subdivision (1) of subsection (c) of Section 36-27-16, or retire or die, he or she shall thereupon cease to be a member.
(d) A member in service on January 1, 1976, who has honorable duty consisting of active full-time military service in the Armed Forces of the United States, exclusive of any summer or weekend service in a reserve or national guard component of any branch of the armed forces, and who has not received credit toward retirement status in the Employees’ Retirement System of Alabama for that military service, may be granted by the Board of Control membership service credit for the period of such service in the armed forces; provided, that such member pays into the Employees’ Retirement System, in a lump sum prior to October 1, 1976, an amount equal to four percent of the average compensation paid to a state employee during each claimed year of full-time military service, plus and together therewith eight percent interest compounded from the last date of such claimed military service; and provided further, that such a member shall not receive membership service credit for more than four years of military service, and shall receive no credit for military service if such member is receiving military service retirement benefits, other than disability allowances or benefits, from any branch of the United States Armed Forces, or by reason of any such service in any branch of the armed forces, or, if such member received anything other than an honorable discharge for and including the claimed military service. Anything in this article to the contrary notwithstanding, if any person becoming a member of the Employees’ Retirement System after January 1, 1976, shall have honorable duty consisting of active full-time military service in the Armed Forces of the United States, exclusive of any summer or weekend service in a reserve or national guard component of any branch of the armed forces, such member may be granted by the Board of Control membership service credit for such period of service in the armed forces; provided, that such member pays into the Employees’ Retirement System, in a lump sum within one year next after the first day of the pay period in which the first deduction to the Employees’ Retirement System is made after having been honorably discharged from the armed forces, an amount equal to four percent of the average compensation paid to a state employee during each claimed year of full-time military service, plus and together therewith eight percent interest compounded from the last date of such claimed military service; and provided further, that no member shall receive more than four years’ membership service credit for military service, and no credit for military service shall be granted if such member is receiving military service retirement benefits, other than disability allowances or benefits, from any branch of the United States Armed Forces, or by reason of any service in any branch of the armed forces, or, if such member received anything other than an honorable discharge for and including the claimed military service.
(e) Any member, who retired prior to January 1, 1976, who has service in the armed forces, as described in this section, shall be entitled to claim such full-time military service; provided, that such retired member pays into the Employees’ Retirement System, in a lump sum prior to October 1, 1976, an amount equal to four percent of the average compensation paid to a state employee during such claimed year of full-time military service, plus and together therewith eight percent compounded from the last date of such claimed military service; and provided further, that such retired member shall not receive membership service credit for more than four years of military service, and shall receive no credit for military service, if such member is receiving military service retirement benefits, other than disability allowance or benefits, from any branch of the armed forces, or by reason of any such service in any branch of the armed forces. The provisions of this subsection shall be retroactive to October 1, 1975.
(f) All retirement allowance payments due on or after January 1, 1976, to members of the Employees’ Retirement System of Alabama who retired prior to that date and who have complied with the provisions of this section shall be redetermined as if the provisions of this section were in effect at the time they retired; provided, that any increase in the retirement allowance payment for a member who, prior to October 1, 1975, retired under the provisions of any optional benefit elected pursuant to Acts 1945, No. 515, as amended, shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any such optional benefit shall receive any increase in such payments.
(Acts 1945, No. 515, p. 734, §3; Acts 1947, No. 606, p. 445, §2; Acts 1951, No. 696, p. 1200, §1; Acts 1953, No. 79, p. 106, §2; Acts 1955, No. 478, p. 1085, §11; Acts 1961, No. 713, p. 1008, §1; Acts 1963, 1st Ex. Sess., No. 44, p. 144, §2; Acts 1964, 1st Ex. Sess., No. 248, p. 345, §1; Acts 1969, No. 173, p. 465, §1; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §3; Acts 1989, No. 89-695, p. 1370, §2; Act 2012-377, p. 944, §1.)
Any member of the Employees’ Retirement System of Alabama who was prohibited from participating in the Employees’ Retirement System because such member was age 61 or older at the time of his employment may purchase credit for any such service including service rendered subsequent to October 1, 1988, for which the member would have been eligible for coverage except for his age, provided that such member shall pay to the Secretary-Treasurer of the Employees’ Retirement System within one year after October 1, 1989, a sum equal to the total contributions which he would have made as a member during the period of such employment plus eight percent interest on such total contributions compounded annually from the date of such service.
(Acts 1989, No. 89-695, p. 1370, §4.)
(a) Any person who has been regularly appointed to the state Board of Pardons and Paroles or a former member of said board, or Director of Physical Fitness Department shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a “member” of the state Employees’ Retirement System, as defined in Section 36-27-4; provided, that the required contributions are made to the system.
(b) Any person serving as of November 21, 1975, shall be entitled to receive credit toward his retirement allowance for any service previously rendered as a member of the Board of Pardons and Paroles or former member or Director of Physical Fitness Department, and any person serving in such positions thereafter shall become a member of the Employees’ Retirement System as a condition of employment. If he elects to do so, he may notify the Board of Control of the Employees’ Retirement System of his intention to claim such credit within six months from November 21, 1975, and shall make any and all contributions, plus eight percent interest, compounded annually, required by the regulations of the board within six months after such notification is made. From the time he so elects, regular deductions shall be made from the salary of each member in the manner prescribed by law.
(c) There is hereby appropriated annually, from the funds from which salaries are paid, the amounts sufficient to carry out provisions of this section. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supportive funds such additional amounts as may be necessary to pay the employer contribution of each department so supported, in the same proportion as the other state funds contribute to the support and maintenance of such department.
(Acts 1975, 4th Ex. Sess., No. 148, p. 2890, §§1-3.)
(a) Any person who is employed full-time by a regional or local legislative delegation office shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a “member” of the state Employees’ Retirement System, as defined in Section 36-27-4; provided, that the required contributions are made to the system.
(b) Any person serving as of October 1, 1991, shall be entitled to receive credit toward his retirement allowance for any service previously rendered as an employee of a regional or local legislative delegation office, and any person employed by such offices thereafter shall become a member of the Employees’ Retirement System as a condition of employment. If he elects to do so, he may notify the Board of Control of the Employees’ Retirement System of his intention to claim such credit within six months from October 1, 1991, and shall make any and all contributions, plus eight percent interest, compounded annually, required by the regulations of the board within six months after such notification is made. From the time he so elects, regular deductions shall be made from the salary of each member in the manner prescribed by law.
(c) The regional or local legislative delegation office or entity that funds said office shall contribute on account of the participation of its employees the employer’s contribution rate as established by the actuary for regular employees of the state.
The contribution rate so computed, based upon the payroll of the employees, shall be certified by the Board of Control to the fiscal officer of each regional or local delegation office. The fiscal officer of each such office shall pay to the State Treasurer the amount certified by the board as payable under the provisions of this section and the State Treasurer shall credit such amounts to the appropriate funds of the retirement system.
(Acts 1991, No. 91-587, p. 1080, §1.)
(a) The governing board of any county, city, town or public or quasi-public organization of the state or of any political subdivision thereof or the Alabama Extension Service and Agricultural Experiment Station System of Auburn University may, by resolution legally adopted to conform to rules prescribed by the Board of Control, elect to have its officers and employees from whatever sources and in whatever manner paid become eligible to participate in the retirement system; and the Adjutant General of the state, with the approval of the Governor, may, by application properly prepared and submitted in conformity with rules prescribed by the Board of Control, elect to have those employees of the Alabama National Guard employed pursuant to 32 U.S.C.A., Section 709, and paid from federally appropriated funds, become eligible to participate in this retirement system. The terms “officers” and “employees” as used in this section shall include those persons appointed or employed by the individual officers and performing their duties in public offices.
Acceptance of the employee of such an employer for membership in the retirement system shall be optional with the Board of Control; and, if it shall approve their participation, it shall set the date, which shall not be prior to October 1, 1946, when participation shall become effective, and then such employees may become members of the retirement system and participate therein as provided in the provisions of this section. Notwithstanding anything to the contrary in this section, employees of any such employer who are members of any retirement, pension or benefit fund partially or wholly supported by public funds shall not be entitled to become members of this retirement system.
(b) Membership in the retirement system shall be optional for employees of the employer who are in the service of the employer on the date when participation becomes effective, and any such employee who elects to join the retirement system within one year thereafter shall be entitled to a prior service certificate covering such periods of previous service as shall be certified as creditable service by his employer for service rendered to such employer, or his predecessor, or the state, or in any other capacity approved by the employer and the board, for which the employer is willing to make accrued liability contributions. Thereafter service for such employee on account of which the employer pays contributions shall be considered also as creditable service.
(c) Membership shall be compulsory for all employees entering the service of such employer after the date participation becomes effective.
(d) Should a majority of the members of any retirement, pension, annuity fund or retirement system of any employer, hereafter referred to as a local pension system, elect to become members of the retirement system, by a petition duly signed by such members, the participation of such members in the retirement system may be approved as provided in subsection (a) of this section as though such local pension system were not in operation, and the provisions of this section shall thereupon apply; except, that the existing pensioners or annuitants of the local pension system who were being paid pensions on the date of the approval shall be continued and paid at their existing rates by the retirement system, and the liability on this account shall be included in the computation of the accrued liability rate as provided by subsection (f) of this section. Any cash and securities to the credit of the local pension system shall be transferred to the retirement system as of the date of approval. The trustees or other administrative head of the local pension system as of the date of approval shall certify the proportion, if any, of the funds of the system that represents the accumulated contributions of the members, and the relative shares of the members as of that date. Such shares shall be credited to the respective employee annuity savings accounts of such members in the retirement system as additional contributions. The balance of the funds transferred to the retirement system shall be offset against the accrued liability before determining the special accrued liability contribution to be paid by the employer as provided by subsection (f) of this section. The operation of the local pension system shall be discontinued as of the date of the approval.
(e) The chief fiscal officer of the employer, and the heads of its departments, shall submit to the Board of Control such information and shall cause to be performed in respect to the employees of said employer such duties as shall be prescribed by the board in order to carry out the provisions of this article.
(f) The actuary of the retirement system shall compute the rates of contributions payable by employees who become members under the provisions of this section in the same manner as if they were state employees and shall compute the contributions which would be payable annually by the employer on behalf of such members as though they were state employees; except, that each employer of members participating in the system as provided in this section shall make a special accrued liability contribution on account of the participation of its officers and employees in the retirement system which shall be determined by an actuarial valuation of the accrued liability on account of the employees of such employer who elected to become members, in the same manner as the accrued liability rate was originally determined for state employees. This special accrued liability contribution, subject to such adjustment as may be necessary on account of any additional prior service credits awarded to employees of such employer, shall be payable in lieu of the accrued liability contribution payable on account of other employees in the system. The expense of making such initial valuation shall be assessed against and paid by the employer on whose account it is necessary. The contributions so computed, together with a pro rata share of the cost of the administration of the retirement system, based upon the payroll of the employees, shall be certified by the Board of Control to the chief fiscal officer of the employer. The amounts so certified shall be a charge against the employer. The chief fiscal officer of each such employer shall pay to the State Treasurer the amount certified by the board as payable under the provisions of this section, and the State Treasurer shall credit such amounts to the appropriate funds of the retirement system.
(g) Employees who become members under this section and on behalf of whom contributions are paid as provided in this section should be entitled to the benefits under the retirement system as though they were state employees.
(h) The agreement of any employer to contribute on account of its employees shall be irrevocable, but should an employer for any reason become financially unable to make the normal and accrued liability contributions payable on account of its employees, then such employer shall be deemed to be in default. All members of the retirement system who were employees of such employer at the time of default shall thereupon be entitled to discontinue membership in the retirement system and to a refund of their previous contributions upon demand made within 90 days thereafter. As of a date 90 days following the date of such default, the actuary of the retirement system shall determine by actuarial valuation the amount of the reserve held on account of each remaining active member and pensioner of such employer and shall credit to each such member and pensioner the amount of reserve so held. The reserve so credited, together with the amount of the accumulated contributions of each such active member, shall be used to provide for him a paid-up deferred annuity beginning at age 60, and the reserve of each pensioner shall be used in providing such part of his existing pension as the reserve so held will provide, which pension, together with his annuity, shall thereafter be payable to him. The rights and privileges of both active members and pensioners of such employer shall thereupon terminate, except as to the payment of the deferred annuities so provided and the annuities and pensions, or parts thereof, provided for the pensioners.
(i) Notwithstanding anything to the contrary, the retirement system shall not be liable for the payment of any pensions or other benefits on account of the employees or pensioners of any employer under this section, for which reserves have not been previously created from funds contributed by such employer or its employees for such benefits.
(j) The agreement of any employer to contribute on account of its employees shall be irrevocable except that by mutual consent any employer, and its employees desiring to withdraw from the Employees’ Retirement System as a unit, may do so by complying with the following provisions:
(1) The employer, by resolution of the governing body, shall signify its intention and desire to withdraw from the Employees’ Retirement System in writing and shall deliver copy of such resolution, together with the signatures of members as provided in subdivisions (2) and (3) of this subsection, to the Board of Control of the Employees’ Retirement System.
(2) Each member of such employer contributing on the date that the unit withdraws shall agree in writing to waive his rights, privileges and vested interest under the provisions of the Employees’ Retirement System Act, and shall agree to have his accumulated contributions with interest, as is provided to a member upon withdrawal, transferred to the employer and retained or expended in accordance with applicable local law.
(3) Each member of such employer who is not contributing on the date that the unit withdraws shall have his contributions plus interest retained in the State Employees’ Retirement System, and shall be governed under the applicable laws, except those who agree as in subdivision (2) of this subsection, in which event, their accumulated contributions with interest as is provided to a member upon withdrawal shall be treated in the same manner as in subdivision (2) of this subsection.
(4) The rights and privileges of existing beneficiaries of such employer shall neither be diminished, nor impaired, and the actuarial determination of the reserves necessary to provide the existing benefits shall be determined by the actuary employed by the state Employees’ Retirement System, and shall be certified to the governing body of the withdrawing unit, who shall agree to maintain such rights and privileges, and to maintain the reserves, as certified, for the existing beneficiaries. Should the reserves prove inadequate, such employer shall agree to appropriate such amounts as may be necessary to maintain the existing benefits. The signatures of the existing beneficiaries agreeing to waiver of their rights and privileges, and vested interest in the Employees’ Retirement System, and transfer of their accounts to the local employer shall be obtained by the employing unit. In the event any beneficiary declines to agree and sign such waiver of his rights and privileges, the reserves in the Annuity Reserve Fund and Pension Reserve Fund for such beneficiary shall be maintained by the Employees’ Retirement System under such rules and regulations as the Board of Control may adopt, and such reserves as may be determined by the actuary as necessary shall be retained out of any money which the withdrawing unit has remitted to the retirement system. Upon transfer of such funds to the employer the Employees’ Retirement System shall not be liable for the payment of any annuities or pensions or other benefits on account of such beneficiaries.
(5) The Board of Control of the Employees’ Retirement System shall promulgate such rules and regulations as are necessary to the termination of such employers’ and employees’ participation in the Employees’ Retirement System and shall determine the amounts returnable to the employer and employees upon the actuarial valuation of such amounts by the actuary. Any actuarial or extraordinary expenses involved in such termination and transfer of funds, if in excess of present administrative expense, shall be deducted from any funds returnable to the employer, but no transfer of funds shall take place in less than 90 days subsequent to date of notification of intention to withdraw by the employer subsequent to June 10, 1953.
(k) Notwithstanding the provisions of subsections (a) and (d) of this section, should a majority of the employees of any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency, that are members of a retirement, pension, annuity fund, or retirement system, other than the Employees’ Retirement System, together with any other separate employer, hereafter referred to as a local pension system, elect to become members of the Employees’ Retirement System by a petition for membership duly signed by the members of the county board, department, or agency, the participation of the county employees in the Employees’ Retirement System may be approved upon legal adoption of a resolution by the governing board of the county department, agency, or board that conforms to the membership rules for local pension systems prescribed by the Board of Control of the Employees’ Retirement System. Notwithstanding any rules or procedures prescribed by the Board of Control, the existing county board, department, or agency pensioners or annuitants belonging to the local pension system and being paid pensions by the local system on the date of approval of the resolution, shall continue to be paid their pension benefits at their existing rates by the Employees’ Retirement System upon commencement of their participation in the Employees’ Retirement System, and the vested inactive members of the local pension system who are not receiving benefits on May 13, 1993, shall be entitled to begin receiving from the Employees’ Retirement System the amount of any benefits that they have vested under the local pension system upon meeting the eligibility requirements of the local pension system, and any liability for assumption by the Employees’ Retirement System of both the current benefits and the vested benefits shall be included in the computation of the accrued liability rate as provided in subsection (f) of this section. On the approval date of the resolution, the trustees or other administrators of the local pension system shall immediately require the actuary for the local system to determine the share of pension system assets to be allocated to the county board, department or agency on behalf of its employees, pensioners, annuitants, and vested inactive members by means of reconstruction of all contributions made to the local pension system by the county board, department, or agency and its employees since commencing participation in the local pension system, increased by return on investments, and decreased by payment of retirement benefits and withdrawals by employees who have withdrawn their contributions from the local pension system.
Such computation shall be adjusted, so that the local system is not left in an actuarially underfunded condition according to the last actuarial report of the local system. In the event some employees or retirees elect to remain in the local system, the amount transferred shall be appropriately adjusted prior to transfer of assets to the state Employees’ Retirement System.
The share of pension system assets as may be finally determined to be allocated on behalf of the county board, department, or agency employees shall be transferred to the Employees’ Retirement System at a time and in a manner as agreed upon by and among the governing board of the county board, department, or agency, the trustees or other administrators of the local pension system, and the Employees’ Retirement System. In no event shall the transfer be delayed longer than six months from the date of acceptance of the resolution by the Board of Control of the Employees’ Retirement System.
The operation of the local pension system shall continue from and after the withdrawal of the county board, department, or agency employees, pensioners, annuitants, and vested inactive members from the local pension system.
(Acts 1945, No. 515, p. 734, §12; Acts 1947, No. 606, p. 445, §5; Acts 1953, No. 79, p. 106, §6; Acts 1955, No. 281, p. 637, §2; Acts 1961, No. 110, p. 147, §1; Acts 1993, No. 93-191, p. 288, §1; Acts 1993, No. 93-609, p. 991, §1.)
Any public official authorized by local constitutional amendment to participate in the Employees’ Retirement System of Alabama and to purchase service credit in the retirement system for the time the official has served in the office he or she is holding at the time of ratification of the amendment may purchase the service credit provided such official has not previously received credit for the requested service in any other public pension fund by paying to the Secretary-Treasurer of the Employees’ Retirement System a sum equal to the total contributions which he or she would have made had he or she been authorized to participate during his or her tenure in office plus eight percent interest on such total contributions compounded annually from the date of the service. This section shall apply to local constitutional amendments ratified prior to and after July 1, 2004.
(Acts 1997, No. 97-300, p. 521, §1; Act 2004-362, p. 591, §1.)
(a) Any active and contributing member of the Employees’ Retirement System who is an employee of an employer participating in the system pursuant to Section 36-27-6, and whose current position was once excluded by the employer from participating in the system, may receive credit in the system for the period of full-time service for which his or her position was excluded by the employer from participating in the system, provided the member claiming the credit has been continuously employed by the employer since January 1, 1987, and the member performs and complies with the conditions prescribed in subsection (b).
(b) A member of the Employees’ Retirement System eligible to purchase credit in the system under subsection (a) shall receive the credit after satisfying the following conditions:
(1) Within one year of October 1, 1998, the member shall contribute to the Employees’ Retirement System for each year of credit claimed the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.
(2) The employer shall certify in writing to the Employees’ Retirement System the dates of the period of full-time employment for which the member is claiming credit.
(Act 98-655, p. 1438, §§ 1, 2.)
Any active and contributing member of a city or municipal retirement system that participates in the Employees’ Retirement System under Section 36-27-6 who rendered prior service as a full-time firefighter with a non-participating city employer that has been annexed into a city or municipality that participates in the Employees’ Retirement System, may purchase credit including hazardous duty service in the Employees’ Retirement System for the prior service if the member pays to the Secretary-Treasurer of the Employees’ Retirement System prior to the date of his or her retirement a sum equal to the full actuarial determined cost for each year of service purchased as determined by the actuary for the system. The local governmental entity which currently employs the member shall furnish the Employees’ Retirement System with documentation of the prior service being claimed by the member as requested by the retirement system. Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall receive credit for any service that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.
(Act 2007-388, p. 777, §1.)
(a) Any active and contributing member of the Oxford Emergency Medical Services, Inc., that participates in the Employees’ Retirement System under Section 36-27-6, may purchase prior non-qualified service for employment rendered to Oxford Emergency Medical Services before July 14, 2009, as permitted by the IRC Section 415(n)(3)(B). Currently, under federal law the employee must have five or more years of creditable service in the Employees’ Retirement System prior to purchasing up to five years’ non-qualified service.
(b) No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.
(c) Any member who is eligible to purchase service credit shall furnish to the Secretary-Treasurer of the Employees’ Retirement System the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.
(d) Any year of service purchased under the provisions of this section shall not be considered in determining the out-of-pocket premium amount charged to retirees under the provisions of Section 16-25A-8.1 or Section 36-29-19.7. Also, any service purchased under this section shall not entitle a member to be eligible for benefits under either the PEEHIP or SEIB any earlier than the member could have reached eligibility under the plan without the service purchased under the provisions of this section.
(Act 2012-558, p. 1641, §1.)
(a) Any employer participating in the Employees’ Retirement System of Alabama pursuant to Section 36-27-6, by adoption of a resolution, may elect to provide to its Tier II plan members the same retirement benefits provided to Tier I plan members. Provided, however, the Employees’ Retirement System Board of Control, based on a staff review of the historical compliance with ERS requirements as well as the financial stability of the local government entity, may elect to deny the election authorized in this section. The local entity may petition the Board of Control for a reconsideration of its action. The election shall be irrevocable and shall be effective at the beginning of the fiscal year following the date the resolution is received by the ERS.
(b) Any employer that has not increased the Tier I member contribution rates as provided in Act 2011-676 shall develop a plan to gradually increase the member contribution rates as provided in this section. The plan shall be submitted to the Employees’ Retirement System before electing to provide Tier II plan members the same retirement benefits as Tier I plan members. Beginning in the month the election to provide Tier II plan members the same retirement benefits provided to Tier I plan members becomes effective, Tier II plan members shall contribute to the Employees’ Retirement System seven and one-half percent of their earnable compensation and Tier II plan members who are firefighters, law enforcement officers, or correctional officers, as defined in Section 36-27-59(a), shall contribute to the Employees’ Retirement System eight and one-half percent of their earnable compensation.
(c) Anything in this article to the contrary notwithstanding, in the application of the provisions of Sections 36-27-16 and 16-25-14 to a member whose creditable service includes periods of service to different Tier plans, the benefit rates of each respective Tier plan will be applicable to the creditable service earned while in each respective Tier plan. In all other respects, the pension under this subsection shall be determined on the basis of the member’s Tier plan at the time of his or her withdrawal from service.
(Act 2019-132, §1; Act 2022-348, §1.)
(a) Any law to the contrary notwithstanding, the governing board of Auburn University may, by resolution legally adopted, elect to have its employees, from whatever sources and in whatever manner paid, become eligible to participate in the Employees’ Retirement System of the State of Alabama under the provisions of Section 36-27-6; provided, that all contributions and benefits shall be computed based on a percentage, not to exceed 50 percent, of each employee’s total salary; and provided further, that such percentage shall be expressly stipulated in the aforesaid resolution and that the resolution must expressly state that such percentage shall be applied uniformly to all employees covered thereunder. The funding responsibility of the employer, and the resolution referred to above as it relates to the percentage stipulated shall not be subject to alteration, amendment, transfer or other change unless such authority is specifically and clearly granted by an enactment of the Legislature of Alabama which specifically and expressly names the employees of the Cooperative Extension Service at Auburn University under federal appointment. The term “employee or employees” as herein used is defined as those persons performing their duties for the Cooperative Extension Service at Auburn University who are under federal appointment to said Cooperative Extension Service. Members of the Employees’ Retirement System who participate in said system under the provisions of this section shall participate and receive benefits under the same conditions as other members of said system; provided, that the basis for all computations shall not exceed 50 percent of each employee’s total salary notwithstanding such member’s coverage under federal civil service retirement.
(b) Anything in this section to the contrary notwithstanding, any employee hereunder, who subsequent to his participation in the Employees’ Retirement System under the provisions of this section assumes regular employment with the state or with any employer unit participating in the Employees’ Retirement System, or the Teachers’ Retirement System, shall be entitled to count as creditable service only so much of each such year’s service as is in the same proportion with the percentage of his salary contributed upon for such year.
(c) The provisions of this section are supplemental and shall not be construed to repeal any laws not in direct conflict therewith.
(Acts 1975, No. 697, p. 1451, §§1-3.)
(a) Any law to the contrary notwithstanding, any retired employee of the Cooperative Extension Service of Auburn University who has retired under federal civil service retirement after January 1, 1972, but on or before May 1, 1976, and who would otherwise be eligible to participate in the Employees’ Retirement System of the State of Alabama under the provisions of Section 36-27-7, shall be allowed prior creditable service under the Employees’ Retirement System for time spent in the employment of the Cooperative Extension Service before retirement under federal civil service retirement and shall be allowed to participate in the Employees’ Retirement System under the same conditions and with same benefits for such past service as employees eligible to participate in the Employees’ Retirement System under the provisions of Section 36-27-7; provided, that 10 percent of the cost with respect to the claim for prior service shall be borne by the individual employee, and the remaining 90 percent shall be paid from funds made available from the Education Trust Fund. All other costs with respect to the claim of prior service for the individual employee shall be paid from funds made available from the Education Trust Fund for that particular purpose, and such claims for prior service shall be without cost or liability to Auburn University. Contributions, plus regular interest by the employee, shall be made no later than 180 days after August 8, 1978.
(b) The Board of Control of the Employees’ Retirement System of Alabama shall administer the provisions of this section, and shall make such rules and regulations as necessary in carrying out its provisions.
(Acts 1977, No. 807, p. 1399, §§1, 2; Acts 1978, 2nd Ex. Sess., No. 115, p. 1830, §1.)
(a) Pursuant to Section 36-27-7.1, an active and contributing member of the Employees’ Retirement System may elect to purchase prior service credit for full time employment he or she had in the Cooperative Extension Service at Auburn University, acquired before May 1, 1976, provided the person complies with the following conditions prescribed in this section.
(b) A member eligible to claim and purchase the credit for service under subsection (a) shall be awarded creditable service under the Employees’ Retirement System. The member shall pay into his or her retirement system or fund, prior to the date of retirement of the member and prior to October 1, 1997, a sum equal to a percentage of his or her current annual earnable compensation, or average final compensation, whichever shall be greater, for each year of service purchased. The applicable percentage of this current annual earnable compensation or average final salary, whichever shall be greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation, for each year of service purchased.
(c) The provisions of this section to reopen the retirement system or fund shall terminate October 1, 1997, and no one shall be eligible to utilize the options granted if not fully exercised and paid prior to October 1, 1997.
(Acts 1996, No. 96-654, p. 1051, §§ 1-3.)
(a) Any person who is an employee or retired employee of the State of Alabama and covered or retired under the provisions of the state Employees’ Retirement System and who becomes the director or employee of any department may elect to continue or resume his participation in the state Employees’ Retirement System.
(b) Each department of the state is hereby authorized to pay out of any funds in the State Treasury to the credit of said department such sums as are necessary to match any contributions made to the state Employees’ Retirement System by any past, present or future departmental director or employee under the provisions of this section.
(c) The Board of Control of the state Employees’ Retirement System shall make such rules and regulations as might be necessary to carry out the provisions of this section and insure that any past, present or future departmental director or employee who comes under the provisions of this section shall receive full rights, privileges and benefits under the state Employees’ Retirement System for the time he serves as a state departmental director or reemployed employee.
(Acts 1971, No. 1514, p. 2628, §§ 1-3.)
(a) Any state employee who has retired under the state retirement system and is reemployed, upon his next retirement, in the event he has or has not become a member of the state retirement system, may have his choice of option, prior to the receipt of his first retirement check, if he has completed at least one year of satisfactory service.
(b) The provisions of this section shall expire August 1, 1981, except that any rights that have vested under the provisions of this section during its effective period shall remain in full force and effect.
(Acts 1981, No. 81-680, p. 1113, §§ 1, 2.)
(a) Any individual who is retired under the Employees’ Retirement System may perform duties in any capacity, including as an independent contractor, with any employer participating in the Employees’ Retirement System or the Teachers’ Retirement System without suspension of his or her retirement allowance provided that: (i) the individual is not employed in a permanent full-time capacity; and (ii) the individual’s compensation from the employer in calendar year 2016 does not exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar year thereafter, the annual earning limit shall be increased by the same percentage increase as the increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics. Any increase in the annual earning limit shall be rounded to the next lowest multiple of one thousand dollars ($1,000) with any amount in excess of the one thousand dollar ($1,000) multiple considered in determining the increase for the following year. Each adjustment shall be based on the increase in the index for the preceding 12-month period ending on September 30 and the increase shall be effective for the following calendar year.
(b) Any individual serving as an elected official who has retired from the Employees’ Retirement System may serve for his or her full compensation in an elected public office with the state, a county, or an incorporated municipality without suspension of retirement benefits, provided that under no circumstances shall such an individual participate in or accrue additional benefits under the Teachers’ Retirement System or the Employees’ Retirement System for that service, and provided that under no circumstances shall an individual whose retirement is based upon service as an elected official continue in or return to the office and receive both pension benefits and salary. Any provision of this subsection to the contrary notwithstanding, a retiree serving as a local elected superintendent of education shall not receive both pension benefits and salary unless his or her compensation as a local elected superintendent of education does not exceed the annual earning limits provided in subsection (a).
(c) The responsibility for compliance with this section is placed upon the employing authority, and each retiree performing duties under this section shall certify to the employer any information required in order to carry out this section. The retiree shall provide written notice of the postretirement employment under this section to the Employees’ Retirement System and employing authority within 30 days after the date the retiree knows or should know that he or she will be performing duties on a full-time or permanent basis or will earn an amount in excess of the annual earning limit under this section.
(d)(1) Any individual who is retired under the Employees’ Retirement System or the Teachers’ Retirement System, has the applicable Alabama Peace Officers’ Standards and Training certification, and was classified as either a law enforcement officer, as defined in Section 36-27-59, or a state policeman, as defined in Section 36-27-1, prior to retirement, may perform duties as any of the following without suspension of his or her retirement allowance, provided the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year:
a. A school resource officer, as defined in Section 16-1-44.1.
b. A correctional officer with the Department of Corrections.
c. A police officer at any state college or university pursuant to Section 16-22-1.
d. A sheriff’s deputy.
e. A municipal police officer.
f. A law enforcement officer, as defined in 36-27-59.
g. A state policeman, as defined in Section 36-27-1.
(2) Any individual who is retired under both of the following criteria may perform duties as a correctional officer with the Department of Corrections without suspension of his or her retirement allowance, provided the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year:
a. Has the applicable Alabama Peace Officers’ Standards and Training certification.
b. Was classified as a correctional officer, as defined in Section 36-27-59, prior to retirement, and retired pursuant to Section 36-27-16(a)(1)c.
(3) Any individual who is retired under the Employees’ Retirement System, who has both the applicable Alabama Firefighters’ Personnel Standards and Education Commission certification and the applicable State Board of Health certification as a firefighter and an emergency medical services personnel, as defined in Section 36-27-59, prior to retirement, may perform duties as a firemedic without suspension of his or her retirement allowance, provided that the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year, commensurate with the work actually performed.
(4) The minimum number of years of service required to qualify to perform duties without suspension of retirement benefits under subdivisions (d)(1), (d)(2), and (d)(3) shall be adjusted as follows:
a. A minimum of 25 years of service on January 1, 2027.
b. A minimum of 26 years of service on January 1, 2028.
c. A minimum of 27 years of service on January 1, 2029.
d. A minimum of 28 years of service on January 1, 2030.
e. A minimum of 29 years of service on January 1, 2031.
f. A minimum of 30 years of service on January 1, 2032, and each year thereafter.
(5)a. Any individual who is retired under the Employees’ Retirement System or Teachers’ Retirement System with a minimum of 25 years of service and is licensed to practice law in this state may perform duties as an assistant district attorney without suspension of his or her retirement allowance, provided the compensation does not exceed fifty-two thousand dollars ($52,000) per year.
b. The minimum number of years of service required to qualify to perform duties without suspension of retirement benefits under this subdivision shall be adjusted as follows:
A minimum of 26 years of service on January 1, 2028.
A minimum of 27 years of service on January 1, 2029.
A minimum of 28 years of service on January 1, 2030.
A minimum of 29 years of service on January 1, 2031.
A minimum of 30 years of service on January 1, 2032, and each year thereafter.
(6)a. Any individual who is retired under the Employees’ Retirement System or Teachers’ Retirement System may be hired and perform duties as a permanent full-time bus driver without suspension of his or her retirement allowance, provided the compensation does not exceed the earnings limit established in subsection (a) and the individual has drawn his or her retirement benefit for 12 consecutive months.
b. Notwithstanding paragraph a., an individual who retired under the Employees’ Retirement System or the Teachers’ Retirement System on or before January 1, 2026, may be hired and perform duties as a permanent full-time bus driver even if he or she has not drawn his or her retirement benefit for 12 consecutive months, provided all other conditions of this subsection are met.
(7) No individual may be employed pursuant to this subsection after December 31, 2032.
(Acts 1995, No. 95-203, p. 313, §1; Act 2000-713, p. 1514, §1; Act 2005-299, 1st Sp. Sess., p. 567, §1; Act 2007-403, p. 830, §1; Act 2014-297, p. 1076, §1; Act 2015-410, p. 1242, §1; Act 2023-334, §1; Act 2023-564, 2nd Sp. Sess. §1; Act 2024-279, §1; Act 2025-409, §1j; Act 2026-286, §1.)
Membership payments of county engineers eligible for participation as members of the Employees’ Retirement System of Alabama under Section 36-27-4, to the extent of the State Department of Transportation contribution to the county for the engineer’s salary, shall be made as follows:
(1) The State Director of Transportation shall cause to be deducted from the state’s payment to the county for the engineer’s salary the member’s contribution and employer’s contribution at the rates provided by law and remit the contribution to the Employees’ Retirement System of Alabama in the same manner as for department employees. The State Department of Transportation shall further contribute to the employing county an amount equal to the employer’s contribution for the county engineer retirement from the same funds from which state’s contribution for salary occurred, said contribution to be in addition to all other contributions authorized by Section 11-6-4 or any other law.
(2) For service rendered from October 1, 1945, to September 30, 1965, by the county engineer to the State Department of Transportation or as county engineer, the county engineer shall pay to the Employees’ Retirement System of Alabama the contributions he would have paid had he been eligible for participation to the extent of the State Department of Transportation contribution to his salary plus regular interest under rules and regulations as may be required by the Employees’ Retirement System of Alabama.
(3) Immediately after September 30, 1965, the Director of Transportation shall cause to be paid to the Employees’ Retirement System from the same funds from which the state contribution to salary occurred the total amounts paid by all such county engineers for such prior membership service as county engineer, multiplied by 1.01 for the employing county’s participation for service rendered from October 1, 1945, to September 30, 1965, as a further contribution to the employing county, said contribution to be in addition to all other contributions authorized by Section 11-6-4 or any other law.
(Acts 1965, No. 683, p. 1244, §1.)
(a) Any county engineer participating in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-9 whose county is now covering its employees in the Employees’ Retirement System of Alabama may receive full credit for prior service and membership service in that county, provided, that he shall pay to the Employees’ Retirement System of Alabama the contributions he would have made plus regular interest from the date of participation by the county had he been allowed to do so; provided further, that the employing county shall agree to pay the employer’s normal and accrued liability costs for such prior service and membership service which it allows to such county engineers. Such additional accrued liability for such service allowed by the county shall be determined by the actuary of the Employees’ Retirement System of Alabama and shall be included in the next valuation of the retirement system liabilities and shall be a charge to the county allowing service under this section. Contributions plus regular interest by the employee shall be made no later than March 31, 1972.
(b) After October 1, 1971, any person employed as a county engineer whose county covers its employees in the Employees’ Retirement System of Alabama shall be covered in the same manner as other employees of the county, and to this extent the provisions of Section 36-27-9 shall not apply.
(c) The Board of Control of the Employees’ Retirement System of Alabama shall administer the provisions of this section and shall make such rules and regulations as necessary in carrying out its provisions.
(Acts 1971, No. 235, p. 542, §§1-3.)
(a) Under such rules and regulations as the Board of Control shall adopt, each member who was an employee prior to October 1, 1945, and who has made up contributions for time served as a nonmember and who becomes a member prior to September 1, 1966, shall file a detailed statement of all service as an employee rendered by him prior to October 1, 1945, for which he claims credit.
(b) The Board of Control shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall it allow any credit for a period of absence without pay of more than one month’s duration, nor shall more than one year of service be creditable for all service in one calendar year.
(c) Subject to the restrictions in subsection (b) of this section and to such other rules and regulations as the Board of Control may adopt, the Board of Control shall verify, as soon as practicable after the filing of the statements of service provided for in subsection (a) of this section, the service therein claimed.
(d) Upon verification of the statements of service, the Board of Control shall issue prior service certificates certifying to each member the length of service rendered prior to October 1, 1945, with which he is credited on the basis of his statement of service. Any beneficiary retired prior to October 1, 1945, and any other person receiving a retirement allowance on account of a beneficiary retired prior to said date shall be entitled on and after said date to have his pension increased to take account of any service rendered as an employee established under the provisions of this article. So long as membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that any member may, within one year from the date of issuance or modification of such certificate, request the Board of Control to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void. Should the employee again become a member, he shall enter the system as an employee not entitled to prior service credit.
(e) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member, and also, if he has a prior service certificate which is in full force and effect, the amount of the service certified on his prior service certificate.
(f) Any person who was a member of the retirement system on July 1, 1961, and who prior to said date had been ineligible to receive credit for service rendered as an employee prior to October 1, 1945, for reasons other than having been employed as a nonmember shall be eligible under the provisions of this article to receive credit for all service as an employee rendered by him prior to October 1, 1945; provided, that such person has never waived his claim on the funds of the retirement system by withdrawing his accumulated contributions to said funds and has not been absent from service more than five years in any period of six consecutive years after becoming a member of the retirement system.
(g) Any member entitled to prior service credit as provided in this section who served as a teacher in the public schools or colleges of the state on a full-time basis prior to October 1, 1945, may claim prior service credit for all such service not otherwise creditable to him under the retirement system, such service, anything in this chapter to the contrary notwithstanding, to be considered service as an employee. Such claim shall be subject to such rules and regulations as the Board of Control shall adopt.
(h) Anything in this article to the contrary notwithstanding, any employee who is a member of the retirement system or any future employee who becomes a member of the retirement system who shall have previously withdrawn his funds from either the Employees’ Retirement System or the Teachers’ Retirement System or whose account shall have been terminated due to five years absence shall have restored to him all creditable service; provided, that said employee shall complete two years of contributing membership service after he again becomes a member of the retirement system and shall repay the amount previously returned to him, including compounded interest of eight percent to the date of repayment, to the treasurer of the retirement system prior to the date of retirement of said employee. Notwithstanding the foregoing provisions any member who elects to purchase credit for withdrawn service shall be eligible to purchase such credit only to the extent that such member does not have credit established with any other public retirement system for such period of service. Should any member have established part credit with another public retirement system for any period of withdrawn service, then such member shall only be eligible to purchase that portion of such withdrawn service for which such 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.
(i) Anything in this article to the contrary notwithstanding, any employee who has been retired from service and who has been receiving a service retirement allowance or a disability retirement allowance, as of October 1, 1981, pursuant to Section 36-27-16, who had five years or more of contributing membership service in the Employees’ Retirement System immediately prior to being retired and who had previously withdrawn his funds from either the Teachers’ Retirement System or the Employees’ Retirement System or whose account had been terminated due to five years absence, shall have restored to him all credited service; provided that said retired member shall repay to the treasurer of the retirement system within one year after October 1, 1982, the amount previously returned to him including compounded interest of eight percent to the date of repayment.
(j) Anything in this article to the contrary notwithstanding, any member who has served as a county engineer shall be allowed to make contributions to the retirement system, together with regular interest to date of payment, on the basis of the amount he would have contributed had he as a county engineer been allowed to contribute on that part of his salary paid by the State Highway Department. Such makeup contribution shall be for service from October 1, 1945, to September 30, 1965, and shall be paid in a lump sum before January 1, 1966, whereupon after payment is received the member shall be credited with membership service based on the percentage of the salary as county engineer which was paid by said Highway Department funds.
(k) Any member who was in service as a teacher in the public schools of Alabama subsequent to October 1, 1945, who resigned from service as a teacher to become employed by the state as a department head authorized to exercise sovereign power of the state may be allowed to make contributions to the retirement system, together with regular interest to date of payment, on the basis of the amount he would have contributed had he been allowed to become a member of the system upon such employment. Such makeup contributions shall be paid in a lump sum before January 1, 1966.
(Acts 1945, No. 515, p. 734, §4; Acts 1947, No. 606, p. 445, §3; Acts 1949, No. 543, p. 853, § 1; Acts 1951, No. 696, p. 1200, §;2; Acts 1955, No. 478, p. 1085, §2; Acts 1957, No. 158, p. 205, §1; Acts 1961, No. 713, p. 1008, §2; Acts 1963, 1st Ex. Sess., No. 44, p. 144, §3; Acts 1965, No. 282, p. 395, §1; Acts 1982, No. 82-470, p. 780, §2; Acts 1987, No. 87-676, p. 1206, §1.)
(a) Any member of the Employees’ Retirement System who, not more than one year prior to becoming a member of the employees’ retirement system, was a member of the Teachers’ Retirement System of Alabama may elect to transfer to the Employees’ Retirement System his service credits in said Teachers’ Retirement System, as provided in this section.
(b) Any such member so desiring to transfer such service credits shall notify the Board of Control of the Employees’ Retirement System after he becomes a member of the employees’ retirement system of his election to transfer such service credits and shall authorize transfer of the amount of his accumulated contributions to his credit in said Teachers’ Retirement System to the Annuity Savings Fund of the Employees’ Retirement System.
(c) The Board of Control of the Teachers’ Retirement System shall thereupon certify to the Board of Control of the Employees’ Retirement System the period of membership service creditable to the member at the time of separation from the Teachers’ Retirement System, the period of prior service, if any, on his prior service certificate at the time of separation from the Teachers’ Retirement System and the value of the prior service contributions allowable for such prior service under the Teachers’ Retirement System. The member shall be credited in the Employees’ Retirement System with the service credits so certified and, if he continues as a member until retirement, he shall receive in addition to the benefits allowable under the Employees’ Retirement System benefits based on the services and contributions so certified.
(d) If a member retires under the Employees’ Retirement System within five years after having elected to transfer such service credits from said Teachers’ Retirement System, the pension benefits payable with respect to such service credits shall not be greater than the pension benefits which would have been payable with respect thereto had he remained in said Teachers’ Retirement System.
(e) Notwithstanding anything in this section to the contrary, a member of the Employees’ Retirement System on October 9, 1947, who was a member of the Teachers’ Retirement System of Alabama not more than one year prior to becoming a member of the Employees’ Retirement System, may effect such a transfer of service credits from said Teachers’ Retirement System in the manner described in this section; provided, that he shall deposit in the Annuity Savings Fund of the Employees’ Retirement System prior to January 1, 1954, the amount of his accumulated contributions paid to him by said Teachers’ Retirement System.
(f) Should any person who has retired from the Teachers’ Retirement System and who is receiving benefits for service as a teacher become a member of the Employees’ Retirement System his benefits shall cease, and the reserves remaining for his pension and annuity and all his service credits shall be transferred to the Employees’ Retirement System. The member shall be credited in the Employees’ Retirement System with the transfers so certified, and if he continues as a member until retirement, his retirement benefits shall be based on his service in both systems.
(Acts 1947, No. 618, p. 468, §1; Acts 1953, No. 38, p. 40, §1.)
(a) Any member of the Employees’ or Teachers’ Retirement System, who, not more than one year prior to becoming a member of the Employees’ or Teachers’ Retirement System, was a member of the Judicial Retirement Fund, may elect to transfer to the Employees’ or Teachers’ Retirement System, his or her creditable service and accumulated contributions, including the contributions of the employer, in the Judicial Retirement Fund, as provided in this section.
(b) Any member desiring to transfer the creditable service and contributions shall, after becoming a member of the Employees’ or Teachers’ Retirement System, notify the Board of Control of the 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 Judicial Retirement Fund to his or her account in the Employees’ or Teachers’ Retirement System.
(c) The Board of Control transferring the creditable service and contributions shall thereupon certify to the Boards of Control of the Employees’ or Teachers’ Retirement System and 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 Employees’ or Teachers’ Retirement System with the creditable service and accumulated contributions so certified.
(Acts 1993, No. 93-767, p. 1533, §1.)
(a) Any person who, as of September 20, 1971, is a regular employee of the State of Alabama and is covered or eligible to be covered under the state Employees’ Retirement System and who, prior to such regular employment, served as a member of the Legislature shall have credited to him one year of creditable service for each year served as such legislator not to exceed eight years; provided, that such person shall pay into the retirement system the employee’s part of the cost or contribution based on the salary and expenses paid to such person during the time of his legislative service, with such cost or contribution to be calculated at the percent or rate in effect on September 20, 1971.
(b) This section shall apply only to those persons who, at the time of their retirement, have 10 or more creditable years of service under the state retirement system, which 10 years shall be exclusive of the years earned as a legislator.
(c) The employee’s contribution for the years of legislative service shall be paid by such employee within 60 days after he shall have completed the 10 years of employment as set out in subsection (b) of this section.
(Acts 1971, No. 1950, p. 3167, §§ 1-3.)
(a) Any person who, as of September 18, 1973, is a regular employee of the State of Alabama and is covered or eligible to be covered under the state Employees’ Retirement System and who is also an officer or subordinate officer of the Legislature of Alabama shall have credited to him one half year of creditable service for each legislative session in which such person was employed prior to becoming a regular employee of the State of Alabama, not to exceed eight years in the aggregate; provided, that such person shall pay into the retirement system the employee’s part of the cost or contribution based on the salary such person received as a legislative employee, such cost or contribution to be calculated at the percentage or rate in effect at the time on September 18, 1973.
(b) This section shall apply only to those persons at the time of their retirement who have 20 or more creditable years of service under the state retirement system.
(c) The employee’s contribution for prior years of service shall be paid by such employee within 90 days after September 18, 1973.
(Acts 1973, No. 1143, p. 1929, §§ 1-3.)
(a) Any person who, as of September 5, 1973, is covered or is eligible to be covered under the Employees’ Retirement System of Alabama and who, prior to such coverage or eligibility for coverage, served as an elective official of the state government or a department head authorized to exercise sovereign power of the state shall have credited to him one year of creditable service for each year served as such elected official or department head, not to exceed eight years; provided, that such person shall pay into the retirement system the employee’s part of the cost or contribution based on the salary paid to such person during the time of his service as an elected official or department head, with such cost or contribution to be calculated at the percent or rate in effect on September 5, 1973.
(b) This section shall apply only to those persons who, at the time of their retirement, have sufficient creditable years of service under the Employees’ Retirement System to equal 10 years inclusive of the years earned as an elected official or department head.
(c) The employee’s contribution for the years of service as an elected official or department head shall be paid by such employee within 60 days after he shall have completed the necessary years of employment as set out in subsection (b) of this section; except, that should said employee have completed the necessary years of service as set out in subsection (b) of this section, he then shall pay said contribution within 60 days after September 5, 1973.
(Acts 1973, No. 817, p. 1282, §§ 1-3.)
(a) Any person who served two or more years with the National Youth Administration, hereinafter referred to as N.Y.A., during the time period from December 7, 1941 to December 31, 1946, and who is otherwise eligible for participation within the state retirement system, shall be entitled to have the time actually served with the N.Y.A. credited as state service for retirement purposes, upon the contribution of certain amounts, as provided in subsection (b) of this section, into the State Retirement System Fund.
(b) Any person described in subsection (a) of this section entitled to have said N.Y.A. service credited as state service within the state retirement system shall contribute an amount equal to the full actuarially determined cost for each year of service credit, as determined by the system’s actuary.
(Acts 1977, No. 634, p. 943, §§1, 2; Act 98-385, p. 732, §7.)
(a)(1) Any member of the Teachers’ Retirement System of Alabama or any member of the Employees’ Retirement System of Alabama shall be eligible to receive up to 10 years of creditable service for employment in public education in states other than Alabama, for prior service in public education in Alabama as a support employee or a teacher’s aide, for regular full-time service with the Teachers’ Corps in the State of Alabama, for regular full-time service with the Job Corps, or for up to 10 years of creditable service for public employment rendered in states other than Alabama, provided that the member of the retirement system claiming the credit shall have attained not less than 10 years of contributing membership service credit, exclusive of military service credit, under the retirement system of which he or she is a member; and, provided further, that the member performs and complies with the conditions prescribed in subdivision (2) of this subsection.
(2) A member of the Teachers’ or Employees’ Retirement System of Alabama, eligible under paragraph a. of this subdivision, may receive credit for public service rendered in states other than Alabama and for prior service in public education in Alabama as a support employee or a teacher’s aide or for regular full-time service with the Teachers’ Corps in the State of Alabama or the Job Corps as provided in subdivision (1) of this subsection, provided that as conditions precedent to the receipt of the credit:
a. The member shall contribute, prior to the date of his or her retirement, to his or her respective retirement system, for each year of service credit, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.
b. The public retirement system of the other state, county, city or other political subdivision thereof shall certify in writing to the applicable retirement system that the member had credit under the retirement system for the service claimed.
c. The member shall claim, purchase, and receive credit for out-of-state service in increments of not less than one year, unless the member’s total or balance of out-of-state service is less than one year, in which event, he or she shall claim and purchase credit for the entire period.
(b) Any person who is retired under the Teachers’ or Employees’ Retirement System of Alabama may receive credit for out-of-state service and prior service in public education in Alabama as a support employee or a teacher’s aide or regular full-time service with the Teachers’ Corps in the State of Alabama under the same conditions as are provided herein for active members, except that, in lieu of current compensation, the contribution shall be based on his or her average final salary at the time of retirement; and, provided, the person was retired on or before July 30, 1979; and, provided further, that the retired person makes his or her contribution in a lump sum prior to the expiration of a period being one year next following July 30, 1979. Any retirant so claiming and contributing the amount herein required shall have his or her retirement allowance redetermined on the basis of the additional creditable service, provided, that any increase in the retirant’s retirement allowance shall be payable to him or her only throughout his or her life and shall not affect, alter, increase, decrease, or in any other way change the amount payable to the retirant’s estate or designated beneficiary or surviving spouse, except under the provisions of Option 1, whereunder the contributions made pursuant to this section shall be treated as part of the retirant’s accumulated contributions.
(c) Anything in this section to the contrary notwithstanding, a member shall not receive credit for the out-of-state service, teachers’ aide service, Job Corps service, or support employee service, Teachers’ Corps service where at the time of retirement he or she has credit or is entitled to any benefits whatsoever for the same service under any retirement or pension plan, including but not limited to TIAA-CREF, and which is wholly or partly funded from public funds, or other moneys of public institutions of this or any other state or political subdivision thereof; provided, that nothing herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of out-of-state service credit, contributions made under this section by the member shall be refunded to him or her.
(d) The retirement system may deduct in 12 equal installments, from the retirement allowance payable to a retired member, any additional contribution necessary to pay the administrative cost incurred in granting the credit hereunder in the event its Board of Control and consulting actuary thereto determine that the amounts contributed by the member under the provisions hereof are insufficient to pay the administrative cost.
(Acts 1979, No. 79-611, p. 1081, §§1-4; Acts 1991, 1st Ex. Sess., No. 91-789, §1; Acts 1993, No. 93-768, p. 1536, §1; Acts 1996, No. 96-658, p. 1055, §1; Acts 1996, No. 96-790, p. 1469, §1; Act 98-385, p. 732, §8.)
(a)(1) RETIREMENT, ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS.
a. Any Tier I plan member who withdraws from service upon or after attainment of age 60 and any Tier II plan 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 who became a member on or after October 1, 1963, shall have completed 10 or more years of creditable service; provided further, that a Tier I or Tier II plan member employed as a state policeman shall be eligible to file application for service retirement upon attaining age 52 and a Tier II plan member employed as a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59 with at least 10 years of creditable service as a correctional officer, firefighter, or law enforcement officer shall be eligible to file application for service retirement upon attaining age 56.
b. Any Tier I plan member who has attained age 60, or age 52 in the case of a state policeman and any Tier II plan member who has attained age 62, or age 52 in the case of a state policeman, or age 56 in the case of a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59 who has at least 10 years of creditable service as a correctional officer, firefighter, or law enforcement officer, 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, the member shall have at the time of his or her withdrawal from service completed the age and service requirements established by the Board of Control for eligibility for deferred benefits; provided, that the minimum number of years of creditable service shall not be less than 10 years nor more than 25 years.
c. In addition to any law or part of law relating to service retirement under the Employees’ Retirement System of Alabama, any Tier I plan member of the Employees’ Retirement System or Tier II plan member employed as a state policeman who withdraws from service after completion of not less than 25 years of creditable service, or any Tier II plan member who withdraws from service after completion of not less than 30 years of creditable service, may retire without a reduction in retirement allowance upon written application to the Board of Control of the Employees’ Retirement System setting forth the first day of which month, not less than 30 days or more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired, provided that no person whose employer participates in the Employees’ Retirement System under Section 36-27-6 shall be entitled to the benefits provided in this paragraph for Tier I members unless the employer elects to come under the provisions of the paragraph. Any employer making this election must bear the cost of the benefit.
(2) AMOUNT OF SERVICE RETIREMENT ALLOWANCE.
a. Upon retirement from service, a Tier I plan member shall receive a service retirement allowance which shall consist of:
An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement; except, that in the case of a state policeman who has completed 20 years of creditable service as a state policeman who retires after age 56 but prior to age 60, the annuity shall be equal to the annuity that would have been payable upon service retirement at age 60 had the member continued in service to age 60 without change in compensation;
A pension which shall be equal to the annuity allowance at age of retirement, but not to exceed an annuity allowable at age 65, computed on the basis of contributions made prior to attainment of age 65; except, that in the case of a state policeman who has completed 20 years of creditable service as a state policeman who retires after age 56 but prior to age 60, the pension shall be equal to the annuity that he or she would have received had he or she contributed to age 60 without change in compensation; and
An additional pension, if he or she has a prior service certificate in full force and effect, which shall be equal to the annuity which would have been provided at the age of retirement, but which shall not exceed an annuity allowable at age 65 by twice the contributions which he or she would have made during the period of prior service with which he or she is credited had the system been in operation and had he or she contributed thereunder; except, that in case of a state policeman who has completed 20 years of creditable service as a state policeman who retired after age 56 but prior to age 60, an additional pension, if he or she has a prior service certificate in full force and effect, which shall be equal to the annuity which would have been provided at age 60, but which shall not exceed an annuity allowable at age 60 by twice the contributions which he or she would have made during the period of prior service with which he or she is credited had the system been in operation and had he or she contributed thereunder.
b. Notwithstanding the provisions of subparagraphs 1., 2., and 3. of paragraph a. of this subdivision, a state policeman who is a Tier I plan member and who has completed 20 years of service as a state policeman who retires after age 52 but prior to age 56 shall receive:
An annuity which shall be equal to the annuity that would have been payable had the member continued in service for four years without change in compensation;
A pension which shall be equal to the annuity that he or she would have received had he or she contributed for four years without change in compensation; and
An additional pension, if he or she has a prior service certificate in full force and effect, which shall be equal to the annuity which would have been provided at the age of retirement, but which shall not exceed an annuity allowable at the age of retirement plus four years by twice the contributions which he or she would have made during the period of prior service with which he or she is credited had the system been in operation and had he or she contributed thereunder. In lieu of a determination of the actual compensation of a member that was received during that prior service, the Board of Control may use for the purpose of this article the compensation rate which, if it had progressed with the rates of salary increase shown in the tables as prescribed in subsection (n) of Section 36-27-23, would have resulted in the same average salary of the member for the five years immediately preceding the date of establishment as the records show the member actually received.
c. The annual service retirement pension payable to a Tier I plan member not employed as a state policeman retiring on or after October 1, 1975, shall not be less than an amount which, when added to his or her annuity, is equal to the greater of the following two amounts:
Two and one-eightieth percent of the member’s average final compensation multiplied by the number of years of his or her creditable service; or
If he or she became a member before October 1, 1965, seventy-two dollars ($72) multiplied by the number of years of his or her creditable service not in excess of 25 years.
d. The annual service retirement pension payable to a Tier I plan member employed as a state policeman retiring on or after October 1, 1975, shall not be less than an amount which, when added to his or her annuity, is equal to the greater of the following two amounts:
Two and seven-eighths percent of the member’s average final compensation multiplied by the number of years of his or her creditable service. Creditable service for any state policeman under the age of 56 years who has completed 20 years of creditable service as a state policeman shall include a bonus equal to four additional years. Creditable service for a state policeman 56 years or older shall include a bonus equal to the years or portion thereof remaining until the member reaches age 60; or
If he or she became a member before October 1, 1965, eighty-six dollars forty cents ($86.40) multiplied by the number of years of his or her creditable service not in excess of 25 years; provided, however, that if the member has completed 20 years of creditable service as a state policeman and has not attained age 60 at the time of retirement, the pension shall be determined as provided in this subparagraph on the basis of the number of years of creditable service which he or she would have had if he or she had remained in service for four years, except that, in the case of those state policemen retiring at age 56 or after, the number of years in determining the pension shall not exceed the number of years of creditable service which he or she would have had if he or she had remained in service to age 60.
e. Upon retirement from service, a Tier II plan member who is not employed as a state policeman 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 one and sixty-five hundredths percent (1.65%) of the member’s average final compensation multiplied by the number of years of creditable service. The service retirement allowance for a member who retires with 30 years of creditable service before reaching the age of 62 shall be reduced by two percent (2%) for each year of the difference between age 62 and the age at retirement of the member. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.
f. Upon retirement from service, a Tier II plan member who is employed as a state policeman 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 two and three-eighths percent (2.375%) of the member’s average final compensation multiplied by the member’s number of years of creditable service. The service retirement allowance for a member who retires with 30 years of creditable service before reaching the age of 62 shall be reduced by two percent (2%) for each year of the difference between age 62 and the age at retirement of the member. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation. Creditable service for any Tier II plan member who is employed as a state policeman shall include one year of hazardous duty time for every five years of service as a state policeman.
g. Anything in this article to the contrary notwithstanding, in the application of the foregoing provisions of this subdivision to a member whose creditable service includes a period of service as a state policeman and a period of service in another employment classification, the benefit rates applicable to a member employed as a state policeman shall apply to all creditable service as a state policeman, and the benefit rates applicable to a member not employed as a state policeman shall apply to all creditable service, but in all other respects the pension under this subdivision shall be determined on the basis of the member’s employment classification at the time of his or her withdrawal from service.
h. The annual service retirement pension payable to any state employee who had attained age 60 on or before October 1, 1945, who declined membership in the Employees’ Retirement System of Alabama in the manner prescribed in Section 36-27-4 and who retires as a state employee after completing a minimum of 15 years’ service shall be seventy-two dollars ($72) multiplied by the number of years of his or her service not in excess of 25 years.
(b)(1) RETIREMENT OF DISABLED EMPLOYEES; ELIGIBILITY FOR DISABILITY RETIREMENT BENEFITS.
a. Upon application of a Tier I plan member in service or of his or her employer, any member who has had 10 or more years of creditable service who becomes disabled may be retired on a disability retirement allowance by the Board of Control not less than 30 nor more than 90 days next following the date of filing of the application; provided, that the medical board, after a medical examination of the member, shall certify that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent and that the member should be retired. Upon the application of a Tier II plan member in service or his or her employer, any member who has had 10 or more years of creditable service may be retired by the Board of Control on a disability retirement allowance not less than 30 nor more than 90 days next following the date of filing the application; provided, that the medical board, after a medical examination of the member, shall certify that the member is totally and permanently mentally or physically incapacitated from regular and substantial gainful employment, and that member should be retired.
b. Without regard to the number of years of creditable service, a member employed as a state policeman, a municipal police officer or a deputy sheriff, or a member employed as a state, municipal, or county firefighter who is not covered through his or her current employer under the United States Social Security Act, who as a result of his or her employment, in the line of duty and not as a result of his or her own misconduct, shall become permanently and totally disabled to the extent that he or she cannot perform his or her duties or duties of a less strenuous nature, as an employee of the State of Alabama or as an employee of an employer participating under the provisions of Section 36-27-6, shall be retired on a disability retirement allowance, not less than 30 nor more than 90 days next following the date of filing of the application, provided that the medical board, after a medical examination of the member shall certify that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired.
(2) AMOUNT OF DISABILITY RETIREMENT ALLOWANCE.
a. Upon retirement for disability a member shall receive a service retirement allowance based on age and service if he or she is a Tier I plan member and he or she has attained age 60 or if he or she is otherwise eligible to retire; otherwise, he or she shall receive a disability retirement allowance which shall consist of:
An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement;
A pension which shall be equal to the pension that would have been payable under subparagraphs (a)(2)a.2. and (a)(2)a.3. of this section upon service retirement at age 65 had the member continued in service to that age without change in compensation.
b. The annual disability retirement pension payable to a Tier I plan member not employed as a state policeman retiring on or after October 1, 1975, shall not be less than an amount which when added to his or her annuity is equal to the greatest of the following two amounts:
Two and one-eightieth percent of the member’s average final compensation multiplied by the number of years of creditable service.
If he or she became a member before October 1, 1965, fifty-four dollars ($54) multiplied by the number of years of his or her creditable service not in excess of 25 years.
c. The annual disability retirement pension payable to a Tier I plan member employed as a state policeman retiring on or after October 1, 1975, shall not be less than an amount which when added to his or her annuity is equal to the greater of the following two amounts:
Two and seven-eighths percent of the member’s average final compensation multiplied by the number of years of his or her creditable service. Creditable service for any state policeman under the age of 56 years who has completed 20 years of creditable service as a state policeman shall include a bonus equal to four additional years. Creditable service for a state policeman 56 years or older shall include a bonus equal to the years or portion thereof remaining until the member reaches age 60; or
If he or she became a member before October 1, 1965, sixty-four dollars eighty cents ($64.80) multiplied by the number of years of his or her creditable service not in excess of 25 years.
d. The annual disability retirement allowance payable to a Tier II plan member not employed as a state policeman shall be equal to one and sixty-five hundredths percent (1.65%) of the member’s average final compensation multiplied by the number of years of creditable service.
e. The annual disability retirement allowance payable to a Tier II plan member employed as a state policeman shall be equal to two and three-eighths percent (2.375%) of the member’s average final compensation multiplied by the number of years of creditable service.
f. Anything in this chapter to the contrary notwithstanding in the application of the provisions of this subdivision to a member whose creditable service includes a period of service as a state policeman and a period of service in another employment classification the benefit rates applicable to a member employed as a state policeman shall apply to all creditable service as a state policeman, and the benefit rates applicable to a member not employed as a state policeman shall apply to all other creditable service, but in all other respects the pension under this subdivision shall be determined on the basis of the member’s employment classification at the time of his or her withdrawal from service.
(3) REEXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT OF DISABILITY. Once each year during the first five years following the retirement of a member on a disability retirement allowance and once every three-year period thereafter, the Board of Control may, and upon his or her application shall, require any disability beneficiary who has not yet attained age 60 if the beneficiary is a Tier I plan member or age 62 if the beneficiary is a Tier II plan member to undergo a medical examination, the examination to be made at the place of residence of the beneficiary or other place mutually agreed upon by a physician or physicians of or designated by the medical board. Should any disability beneficiary who has not yet attained age 60 if the beneficiary is a Tier I plan member or age 62 if the beneficiary is a Tier II plan member refuse to submit to the medical examination, his or her allowance may be discontinued until his or her withdrawal of the refusal, and, should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Control; provided, that these requirements relative to the medical examination shall not apply in the case of a state policeman retired for disability and who has attained age 52 or in the case of a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59 with at least 10 years of creditable service as a correctional officer, firefighter, or law enforcement officer retired for disability who has attained age 56 if he or she is a Tier II plan member. Should the medical board report and certify to the Board of Control that a disability beneficiary who is a Tier I plan member is engaged in or is able to engage in a gainful occupation paying more than the difference between his or her retirement allowance and his or her average final compensation and should the Board of Control concur in the report, then the amount of his or her pension shall be reduced to an amount which, together with his or her annuity and the amount earnable by him or her, shall equal the amount of his or her average final compensation. Should his or her earning capacity be later changed, the amount of his or her pension may be further modified; provided, that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by the beneficiary, together with this annuity exceeds the amount of his or her average final compensation.
Should the medical board report and certify to the Board of Control that a disability beneficiary who is a Tier II plan member has the capacity to engage in regular and substantial gainful employment, the Board of Control shall discontinue the beneficiary’s retirement allowance until the beneficiary is otherwise eligible for service retirement.
(c) Disposition of contributions and allowances upon death, etc., of member.
(1) Should a member cease to be an employee except by death or by retirement under the provisions of this article, the contributions standing to the credit of his or her individual account in the Annuity Savings Fund shall be paid to him or her upon demand and, in addition to the payment, there shall be paid five-tenths of the interest accumulations standing to the credit of his or her individual account if he or she shall have not less than three but less than 16 years of membership service, six-tenths of the interest accumulations if he or she shall have not less than 16 but less than 21 years of membership service, seven-tenths of the interest accumulations if he or she shall have not less than 21 but less than 26 years of membership service and eight-tenths of the interest accumulations if he or she shall have not less than 26 years of membership service.
(2) In case of the death of a member eligible for service retirement pursuant to subsection (a), an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (d), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 3, as set forth in subsection (d). Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section;
(3) In case of the death of a Tier I plan member not eligible for service retirement, after completion of 25 years of creditable service, an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (d), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired for disability immediately prior to his or her death and had elected Option 3 as set forth in subsection (d). Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section. For purposes of this subsection only, hazardous duty time, as set forth in subdivision (b)(1) of Section 36-27-59, may be used in calculating the requisite years of service for firefighters, law enforcement officers, and correctional officers even if the member has not otherwise attained 25 years of creditable service;
(4) Upon the death of a member on account of whom no survivor allowance is payable under subdivisions (2) or (3) of this subsection, the accumulated contributions of the member plus an amount equal to the accumulated contributions not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section shall be paid to his or her estate or to such person as he or she shall have nominated by written designation duly executed and filed with the Board of Control.
(d) Optional allowances. With the provision that the election of an option shall be effective on the effective date of retirement, any member may elect prior to retirement to receive, in lieu of his or her retirement allowance payable throughout life, the actuarial equivalent, at that time, of his or her retirement allowance in a reduced retirement allowance payable throughout life with the provisions that:
(1) OPTION 1. If he or she dies before he or she has received in annuity payments the present value of his or her annuity as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control;
(2) OPTION 2. Upon his or her death, his or her reduced retirement allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement;
(3) OPTION 3. Upon his or her death, one half of his or her reduced allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement.
(4) OPTION 4. Some other benefit or benefits shall be paid either to the member or to the person or persons as he or she shall nominate; provided, that those other benefits, together with the reduced retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance and shall be approved by the Board of Control; or
(5) OPTION 5. At the time of retirement, he or she shall receive a partial lump sum distribution as a single payment not to exceed the sum of 24 months of the maximum monthly retirement allowance the member could receive. This option may be elected in addition to the election of another option under this subsection and the further reduced monthly retirement allowance shall be calculated in accordance with the selected option. This option shall not be available to a member who is receiving a disability retirement.
(e) Effect of return to active service. Should any beneficiary be restored to active service, his or her retirement allowance shall be suspended until he or she again withdraws from service and he or she shall not again become a member of the retirement system nor shall he or she make contributions; except, that should the beneficiary who has been restored to active service continue in service for a period of two or more years from the date of his or her reentry into active service, he or she may request the Board of Control to allow him or her to again become a member of the retirement system. The Board of Control may grant the request for restoration to membership; provided, that the beneficiary whose retirement allowance has been suspended shall repay to the system all monies received by him or her as benefits during any periods subsequent to the date of his or her reentry into active service and shall make a contribution equal to the amount he or she would have contributed had he or she been a member during the period of his or her restoration to active service on a suspended allowance basis together with the interest that would have been credited to the contributions on account of the period of restoration up to the date the contribution is made.
(f)(1) REDETERMINATION, ETC., OF CERTAIN ALLOWANCES. All retirement allowance payments due on or after October 1, 1975, to members who retired prior to that date shall be redetermined as if the provisions of this section in effect on October 1, 1975, were in effect at the time the member retired. Anything in this article to the contrary notwithstanding, the annual retirement allowance of any member not employed as a state policeman who retired on or before January 1, 1956, shall not be less than seventy-nine dollars twenty cents ($79.20) multiplied by the number of years of his or her creditable service not in excess of 30 years in the case of service retirement of fifty-nine dollars forty cents ($59.40) multiplied by the number of years of his or her creditable service not in excess of 30 years in the case of disability retirement. Any increase provided in the retirement allowance payment under this subdivision for a member who retired under the provisions of any optional benefit elected pursuant to subsection (d) shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any optional benefit shall receive any increase in payments under this subdivision. Notwithstanding, any member who retired prior to October 1, 1975, and who chose either Option 2 or Option 3 may elect to receive a reduced allowance and to stipulate that the actuarial equivalent of the increase in his or her retirement allowance, which became effective on that date, be ascribed to his or her designated beneficiary; provided, that the member shall clearly express this intention by filing a written application to the effect with the Secretary-Treasurer of the Employees’ Retirement System of Alabama prior to October 1, 1976.
(2) Any person who, prior to October 1, 1963, was in receipt of a benefit pursuant to Act No. 376, approved November 6, 1959, but was not a member of the system at the time of retirement shall not be entitled to receive an annual retirement allowance from the system, effective October 1, 1971, as follows:
a. If the person was retired on or before January 1, 1956, an amount equal to seventy-nine dollars twenty cents ($79.20) multiplied by the number of years of his or her creditable service not in excess of 30 years.
b. If the person was retired after January 1, 1956, an amount equal to seventy-two dollars ($72) multiplied by the number of years of his or her creditable service not in excess of 25 years.
(3) Prior to October 31, 1975, any beneficiary may elect to leave on deposit with the system all or a specified part of any increase in his or her monthly retirement allowance payments arising in accordance with subdivisions (1) or (2) of this subsection over the monthly allowance which he or she was receiving prior to October 1, 1975. The portion of each monthly payment left in the system in accordance with the election shall be credited, together with regular interest thereon, to the individual account of the beneficiary. Upon the death of the beneficiary the total amount standing to his or her credit, including regular interest to the date of death, shall be paid in a lump sum to his or her legal representatives or to such person as he or she shall have nominated by written designation duly acknowledged and filed with the Board of Control.
(g) Notwithstanding any other provisions of this section to the contrary, when a designated beneficiary for a member predeceases the member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4, the member may designate a replacement beneficiary for the deceased beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
(h) Notwithstanding any provision of this section to the contrary, if a retired member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4 divorces his or her designated beneficiary, the member may designate a replacement beneficiary for the beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
(i) Any future act to increase the retirement age for Tier II plan members above the age of 62 shall require a two-thirds vote of the elected membership of each house of the Legislature.
(Acts 1945, No. 515, p. 734, §5; Acts 1947, No. 606, p. 445, §4; Acts 1951, No. 407, p. 732, §1; Acts 1953, No. 79, p. 106, §3; Acts 1953, No. 533, p. 740, §1; Acts 1955, No. 478, p. 1085, §3; Acts 1957, No. 28, p. 59, §2; Acts 1959, 2nd Ex. Sess., No. 105, p. 323, §1; Acts 1961, Ex. Sess., No. 212, p. 2203, §1; Acts 1963, 1st Ex. Sess., No. 44, p. 144, §4; Acts 1965, No. 343, p. 468, §1; Acts 1966, Ex. Sess., No. 71, p. 93, §1; Acts 1967, No. 290, p. 819, §1; Acts 1969, No. 173, p. 465, §2; Acts 1971, No. 1463, p. 2490, §2; Acts 1975, 3rd Ex. Sess., No. 135, p. 359, §2; Acts 1982, No. 82-617, p. 1160, §1; Acts 1983, 2nd Ex. Sess., No. 83-160, p. 329, §2; Acts 1987, No. 87-253, p. 352, §2; Acts 1988, No. 88-548, p. 849, §§2, 4; Acts 1989, No. 89-525, p. 1074, §1; Acts 1989, No. 89-640, p. 1252, §1; Acts 1990, No. 90-654, p. 1261, §1; Acts 1995, No. 95-216, p. 353, §1; Act 98-385, p. 732, §9; Act 2000-454, p. 818, §1; Act 2012-377, p. 944, §§1, 2; Act 2019-221, §1; Act 2019-316, §1; Act 2021-270, §1; Act 2022-184, §1; Act 2022-351, §1; Act 2023-73, §1.)
(a) Any member of the Teachers’ Retirement System of Alabama or the Employees’ Retirement System of Alabama who is retired and who has selected a survivor option may cancel the survivor allowance payable to his 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 shall nominate to receive a pro rata payment for the number of days said member shall live during the month of his 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 said member lives during the month of his death shall be in lieu of any other benefits heretofore payable under the provisions of the teachers’ retirement law or the employees’ retirement law.
(b) The provisions of this section are supplemental and are not intended to repeal any provisions of law not directly inconsistent therewith; however, to the extent such existing laws conflict with this section they are hereby repealed to the extent of such conflict.
(Acts 1982, 2nd Ex. Sess., No. 82-759, p. 231, §§ 1, 2.)
(a) Any provision to the contrary, notwithstanding, any member of the Teachers’ Retirement System of Alabama or the Employees’ Retirement System of Alabama who shall have attained the service requirements for surviving spouse benefits may nominate such person as he may desire to receive any benefits payable on account of said member’s death prior to his date of retirement. Such nomination shall be made in writing, duly executed and filed with the respective Board of Control pursuant to such rules and regulations as said board shall deem necessary to carry out the provisions of this section.
(b) This section is cumulative and shall not be construed to supersede or repeal any provision of law not in direct conflict therewith.
(Acts 1984, 2nd Ex. Sess., No. 85-44, p. 68, § 1.)
The benefits provided by Sections 16-25-14(a), 16-25-14(g), 36-27-16(a), 36-27-16(c) and 36-27B-3, as amended by amendment of May 5, 1988, shall become effective to the Teachers’ and Employees’ Retirement System the first day of the month next following certification by the systems’ actuary, which shall be adopted by the Board of Control of the Teachers’ and Employees’ Retirement System, that the system can absorb the additional costs of the benefits herein provided for the upcoming fiscal year without increasing the employer contribution as set forth in subdivision (3) and (5) of Section 16-25-21 and subsections (d) and (f) of Section 36-27-24, provided further in the case of an employer participating pursuant to Section 36-27-6, the provisions of said sections relating to the Employees’ Retirement System as amended by said amendment of May 5, 1988, with respect to the employees of such employer, shall become effective the first of the month next following adoption of a resolution by the employer agreeing to come under the provisions of said amendment and further agreeing to assume the cost of benefits provided therein with regards to its employees. It is further provided and expressly understood with respect to the foregoing conditions that any increase in the employer cost rate which is appropriated in a special cost of living increase for retired employees shall not be considered when determining the employer cost rate for purposes of this section.
(Acts 1988, No. 88-548, p. 849, §7.)
(a) All retirement allowance payments due on or after October 1, 1975, to members who retired prior to said date shall be redetermined as if the provisions of Acts 1975, No. 1103, amending Section 36-27-1, were in effect at the time the member retired; provided, that the annual retirement allowance of any member not employed as a state policeman who retired on or before January 1, 1956, shall not be less than $79.20 multiplied by the number of years of his creditable service not in excess of 30 years, in the case of service retirement, or $59.40 multiplied by the number of years of his creditable service not in excess of 30 years, in the case of disability retirement. Any increase provided in the retirement allowance payment under this section for a member who retired under the provisions of any optional benefit elected pursuant to subsection (d) of Section 36-27-16 shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any such optional benefit shall receive any increase in such payments under this section.
(b) Prior to October 31, 1975, any beneficiary may elect to leave on deposit with the system all or a specified part of any increase in his monthly retirement allowance payments arising in accordance with subsection (a) of this section over the monthly allowance which he was receiving prior to October 1, 1975. The portion of each monthly payment left in the system in accordance with such election shall be credited, together with regular interest thereon, to the individual account of such beneficiary. Upon the death of such beneficiary, the total amount standing to his credit, including regular interest to the date of death, shall be paid in a lump sum to his legal representatives or to such person as he shall have nominated by written designation duly acknowledged and filed with the Board of Control.
(Acts 1975, No. 1103, p. 2176, §2.)
(a) In addition to any law or part of any law relating to service retirement under the Employees’ Retirement System of Alabama, any member of the Employees’ Retirement System who withdraws from service after the completion of not less than 30 years of creditable service may retire without a reduction in retirement allowance upon written application to the Board of Control of the Employees’ Retirement System setting forth the first day of which month, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired.
(b) All retirement allowance payments due on or after January 1, 1976, to members of the Employees’ Retirement System of Alabama who retired prior to said date shall be redetermined as if the provisions of this section were in effect at the time they retired; provided, that any increase in the retirement allowance payment for a member who retired under the provisions of any optional benefit elected pursuant to Acts 1945, No. 515, as amended, shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any such optional benefit shall receive any increase in such payment.
(Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §2.)
(a) On or after October 1, 1969, there is hereby provided to any state employee who is receiving a retirement allowance from the Employees’ Retirement System of Alabama and who was retired prior to October 1, 1969, an increase in his maximum retirement allowance in the amount of 10 percent, excluding those whose monthly retirement allowance is as much as $400.00. Such increase shall be limited so as to provide not to exceed a maximum retirement allowance of $400.00 per month.
(b) On or after October 1, 1969, there is hereby provided to any employee who was retired prior to October 1, 1969, as an employee participating in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6, an increase in his maximum retirement allowance in the amount of 10 percent, excluding those whose maximum retirement allowance is as much as $400.00 per month. Such increase shall be limited so as to provide not to exceed a maximum retirement allowance of $400.00 per month. The employer participating under said Section 36-27-6 as described in this subsection shall provide the funds necessary to pay the increase in retirement allowances as described in this subsection.
(c) The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer of the percentage rates of earnable compensation of the members required to be paid to the retirement system. The employer’s payment on account of the increases provided in subsection (a) of this section shall be paid in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the costs of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(d) There is hereby appropriated annually from the funds from which salaries are paid the amounts sufficient to carry out the provisions of subsection (a) of this section. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the employer contribution of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.
(e) The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances as provided under subsection (b) of this section and shall notify each employer of the amount required to be paid to the Employees’ Retirement System. Such amounts shall be paid monthly or as designated by the Board of Control, to the Employees’ Retirement System of Alabama by the employer providing such increases under subsection (b) of this section.
(f) The Board of Control of the Employees’ Retirement System of Alabama shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt, not inconsistent with this section.
(Acts 1969, No. 172, p. 463, §§ 1-6.)
(a) On or after October 1, 1971, there is hereby provided to any state employee who retired prior to October 1, 1971, an increase in his maximum retirement allowance by an amount of up to five percent, excluding that part of five percent provided by any other legislation in 1971.
(b) On or after October 1, 1971, there is hereby provided to any employee who was retired prior to October 1, 1971, as an employee participating in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6 an increase in his maximum retirement allowance by an amount of up to five percent, excluding that part of five percent provided by any other legislation in 1971. The employer participating under said Section 36-27-6 as described in this subsection shall provide the funds necessary to pay the increase in retirement allowances as described in this subsection.
(c) The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer of the percentage rates of earnable compensation of the members required to be paid to the retirement system. The employer’s payment on account of the increases provided in subsection (a) of this section shall be paid in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the costs of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(d) There is hereby appropriated annually from the funds from which salaries are paid the amounts sufficient to carry out the provisions of subsection (a) of this section. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the employer contribution of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.
(e) The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances as provided under subsection (b) of this section and shall notify each employer of the amount required to be paid to the Employees’ Retirement System. Such amounts shall be paid monthly or as designated by the Board of Control to the Employees’ Retirement System of Alabama by the employer providing such increases under subsection (b) of this section.
(f) The Board of Control of the Employees’ Retirement System of Alabama shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt, not inconsistent with this section.
(Acts 1971, 3rd Ex. Sess., No. 168, p. 4418, §§1-6.)
(a) Any pensioner and any retired member and any member who retires after June 1, 1975, under the Employees’ Retirement System of Alabama whose maximum retirement allowance is based on the minimum guarantee and whose maximum retirement allowance, after taking into account the reduction of certain retirement allowances by the repeal of Act No. 1070 of the 1973 Acts, is not increased in the amount of 15 percent by the 15 percent formula increase provided by the 1975 amendment of Section 36-27-16, is hereby provided, on or after October 1, 1975, an increase in his maximum retirement allowance which shall be sufficient to equal an increase in his maximum retirement allowance of 15 percent.
(b) The funds necessary to pay the increase in retirement allowances described in subsection (a) of this section to employees who participated in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6 shall be provided by the employer participating under said Section 36-27-6.
(c) There is hereby appropriated annually from the funds from which salaries are paid the amounts sufficient to carry out the provisions of this section.
In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supportive funds such additional amounts as may be necessary to pay the employer contribution of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.
(Acts 1975, 3rd Ex. Sess., No. 135, p. 359, §§3, 5.)
(a) Except as hereinafter provided, each person having retired under the provision of statutes governing the Teachers’ Retirement System or the Employees’ Retirement System of Alabama prior to October 1, 1977, shall be entitled to receive, in addition to present benefits, a supplemental benefit in an amount based upon his present benefits, according to the following schedule:
Present BenefitsSupplemental Benefit($ per month)($ per month)Less than 200.0060.00200.00 - 299.0040.00300.00 - or over30.00
(b) There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama the sum of $6,424,920.00 (estimated), or as much as is necessary to carry out the provisions of this section as they relate to the Teachers’ Retirement System of Alabama, for the fiscal year beginning October 1, 1978. For each fiscal year thereafter, the Board of Control shall determine the cost of benefits under this section as the percentage rate of earnable compensation of members required to be paid to the Teachers’ Retirement System. The employers’ payments on account of the increases provided in this section shall be paid in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increase provided for in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
To the extent that the provisions of this section apply to the Employees’ Retirement System of Alabama, there is hereby appropriated from the funds from which salaries are paid the amounts sufficient to carry out the provisions of subsection (a) of this section for the fiscal year beginning October 1, 1978.
The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases provided in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
Subsequent appropriations shall be reduced to only the amount necessary to fund the benefit increases provided in subsection (a) of this section.
No person whose retirement under the Teachers’ or state Employees’ Retirement System is based primarily upon service as an employee of a county, municipality or other local employer shall be entitled to the benefits provided in subsection (a) of this section, unless the county, municipality or other local employer by which he was employed elects to come under the provisions of said subsection. Any county, municipality or other local employer making such election must bear the cost of supplemental benefits paid to its former employees pursuant to this section. A county, municipality or other local employer may elect to come under the provisions of this section at the beginning of any future fiscal year and said county, municipality or other local employer shall not be required to pay said supplemental benefits retroactively.
(c) Any person whose eligibility to receive benefits under the Medicaid program would be impaired by the supplemental benefits provided in subsection (a) of this section shall not be entitled to receive said supplemental benefits.
Any person retired under the Judicial Retirement System, provided for in Chapter 18 of Title 12, shall not be deemed a retiree of the Teachers’ or Employees’ Retirement Systems for purposes of this section and shall not be entitled to receive the supplemental benefits herein provided.
Any person retired under the provisions of Sections 36-27-7 and 36-27-7.1 shall not be entitled to the supplemental benefits herein provided.
(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 members of the Teachers’ and Employees’ Retirement Systems of Alabama; provided however, that those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1978, No. 599, p. 849, §§1, 2, 4, 5; Acts 1979, No. 79-788, p. 1439, §1; Acts 1995, No. 95-538, p. 1100, §9.)
(a) There is hereby provided, commencing October 1, 1980, to any person retired prior to October 1, 1979, under the Teachers’ Retirement System or Employees’ Retirement System 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, 1963, a 15 percent increase in his maximum retirement allowance; provided, that he shall receive an increase of not less than $30.00, nor more than $60.00 per month; and provided further that, if such person retired under the provisions of Section 36-27-7 and/or Section 36-27-7.1, he shall receive an increase of not less than $15.00, nor more than $40.00, per month.
(2) If such person retired on or after October 1, 1963, but prior to October 1, 1973, a 10 percent increase in his maximum retirement allowance; provided, that he shall receive an increase of not less than $20.00, nor more than $40.00, per month; and provided further that, if such person retired under the provisions of Section 36-27-7 and/or Section 36-27-7.1, he shall receive an increase of not less than $10.00, nor more than $20.00, per month.
(3) If such person retired on or after October 1, 1973, but prior to October 1, 1979, a 5 percent increase in his maximum retirement allowance; provided, that he shall receive an increase of not less than $10.00, nor more than $30.00, per month; and provided further that, if such person retired under the provisions of Section 36-27-7 and/or Section 36-27-7.1, he shall receive an increase of not less than $5.00, nor more than $15.00, per month.
(b) Any person retired under the Judicial Retirement Fund of Alabama as provided for in Chapter 18 of Title 12 shall not be deemed a retiree of the Teachers’ or Employees’ Retirement System of Alabama for purposes of this section and shall not be entitled to receive the cost-of-living increase provided.
(c)(1) There is hereby allocated and expended from existing funds of the Teachers’ Retirement System, or from such funds as are appropriated to the Teachers’ Retirement System for the fiscal year 1980-81, such amounts as are necessary and available to carry out the provisions of this section, as they relate to the Teachers’ Retirement System of Alabama, for the fiscal year beginning October 1, 1980.
(2) There is hereby allocated and expended from existing funds of the Employees’ Retirement System of Alabama, or from such funds as are appropriated to the Employees’ Retirement System for the fiscal year 1980-81, such amounts as are necessary and available to carry out the provisions of this section, as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System, for the fiscal year beginning October 1, 1980, and for each fiscal year thereafter.
(3)a. There is hereby allocated and expended from existing funds of the state Employees’ Retirement System, or from such funds as are appropriated to the Employees’ Retirement System for the fiscal year 1980-81, such amounts as are necessary and available to carry out the provisions of this section, as they relate to the Employees’ Retirement System of Alabama, for the fiscal year beginning October 1, 1980.
b. The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(4) Subsequent expenditures from the Teachers’ and Employees’ Retirement Systems shall be reduced to only the amount necessary to fund the benefit increases herein provided in subsection (a) of this section.
(5) No person whose retirement under the Teachers’ or Employees’ Retirement System is based primarily upon service as an employee of an employer participating under Section 36-27-6 shall be entitled to the benefits provided in subsection (a) of this section, unless such employer elects to come under the provisions of said subsection. Any employer making such election, except local boards of education and state institutions of higher education for which funding is provided above herein, must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this section at the beginning of any future fiscal year and said employer shall not be required to pay said cost-of-living increase retroactively.
(d) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided in subsection (a) of this section shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided in subsection (a) of this section, shall not be entitled to receive said increase subsequent to the date the member files application for benefits under the Medicaid program.
(e) It is the intent of the Legislature that the graduated cost-of-living increase granted to certain retired persons under the provisions of this section be financed, if possible, from existing funds of the Employees’ Retirement System and the Teachers’ Retirement System under the following provisions and conditions:
(1)a. If any actuary firm employed by the Board of Control of the Employees’ Retirement System and/or the Teachers’ Retirement System finds that the authorized cost-of-living increase can be paid for the fiscal year 1980-81 from existing funds of the systems without having serious adverse impact actuarially on the retirement system, the Boards of Control of the retirement systems are hereby authorized and instructed to pay such cost-of-living increase beginning October 1, 1980. It is the intent of this legislation as pertains to future like funding, that such funding shall be made in accordance with Section 16-25-28, as pertains to actuarial soundness.
b. Further provided, if the actuarial report is not received by October 1, 1980, but meets the above condition when it is received during fiscal year 1980-81, then the cost-of-living increase shall be paid retroactively to October 1, 1980.
(2) If the conditions in subdivision (1) of this subsection are not met, the cost-of-living increase shall be paid beginning October 1, 1981, and the cost of this benefit shall be included in the amount certified by the Board of Control to be contributed by the state under the provisions of Sections 16-25-21 or 36-27-24 or any other applicable provision of law.
The provisions of this subsection shall govern and override any seeming or actual conflicts with other provisions of this section.
(f) 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 members of the Teachers’ and Employees’ Retirement Systems of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1980, No. 80-742, p. 1508, §§1-6.)
(a) There is hereby provided, commencing October 1, 1982, to any person retired prior to October 1, 1981, under the Teachers’ Retirement System or Employees’ Retirement System of Alabama and who is receiving a retirement allowance therefrom, a cost-of-living increase of $1.00 per month for each year of creditable service attained by said member; provided any person retired under the provisions of Section 36-27-7, or 36-27-7.1 shall receive an increase of $.50 per month for each year of creditable service attained by said member. In addition to the foregoing amount an additional $1.00 per month increase may be granted upon the occurrence of certain conditions set forth in subsection (e) of this section; provided any person retired under the provisions of Section 36-27-7, or 36-27-7.1 may receive an additional $.50 per month increase upon the occurrence of certain conditions pursuant to subsection (e) of this section. Effective October 1, 1983, the full increase of $2.00 per month shall become effective and shall be funded pursuant to subsection (e) of this section; provided any person retired pursuant to Section 36-27-7, or 36-27-7.1 shall receive an increase of $1.00 per month, and said increase shall be funded pursuant to subsection (e) of this section.
(b) Any person retired under the Judicial Retirement Fund of Alabama as provided for in Title 12, Chapter 18, shall not be deemed a retiree of the Teachers’ or Employees’ Retirement System of Alabama for purposes of this section and shall not be entitled to receive the cost-of-living increase provided.
(c)(1)a. There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama $2,858,843.00. In addition to the foregoing amount it is the intent of the Legislature that the sum of $3,290,460.00, said amount being appropriated in excess of the required amount to fund the Teachers’ Retirement System of Alabama for the 1981-82 fiscal year, be used to fund the provisions of this section. It is further provided that any funds available from the earnings, assets or appropriations to the Teachers’ Retirement System of Alabama in accordance with subsection (e) of this section are hereby allocated and expended as may be necessary to carry out the provisions of this section.
b. For each fiscal year thereafter, the Board of Control shall determine the cost of benefits under this section as the percentage rate of earnable compensation of members required to be paid to the Teachers’ Retirement System. The employers’ payments on account of the increases provided in this subdivision shall be paid in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the costs of providing the increases provided for in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(2)a. There is hereby appropriated from the Education Trust Fund to the Employees’ Retirement System of Alabama $49,750.00 for the fiscal year beginning October 1, 1982, or such amounts as are necessary to carry out the provisions of this section, as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System. In addition, it is further provided that any funds available from the assets of or the appropriation to the Employees’ Retirement System of Alabama in accordance with subsection (e) of this section are hereby allocated and expended as may be necessary to carry out the provisions of this section.
b. For each fiscal year thereafter the Board of Control shall determine the amount necessary to fund the cost of benefits provided in this subdivision and the cost thereof shall be collected as provided in paragraph b. of subdivision (1) of subsection (c) above and transferred from the Teachers’ Retirement System to the Employees’ Retirement System.
(3)a. There is hereby appropriated from the General Fund to the Employees’ Retirement System of Alabama $1,462,030.00 for the fiscal year beginning October 1, 1982. In addition, it is further provided that any funds available from the earnings, assets or the appropriations to the Employees’ Retirement System of Alabama in accordance with subsection (e) of this section are hereby allocated and expended as may be necessary to carry out the provisions of this section.
b. The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(4) Subsequent appropriations to the Teachers’ and Employees’ Retirement Systems shall be reduced to only the amount necessary to fund the benefit increases herein provided in subsection (a) of this section.
(5) No person whose retirement under the Teachers’ or Employees’ Retirement System is based on 51 percent or more service as an employee of an employer participating under Section 36-27-6 shall be entitled to the benefits provided in subsection (a) of this section, unless such employer elects to come under the provisions of said subsection. Any employer making such election, except local boards of education and state institutions of higher education for which funding is provided above herein, must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this subsection at the beginning of any future fiscal year and said employer shall not be required to pay said cost-of-living increase retroactively.
(d) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided in subsection (a) of this section shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided in subsection (a) of this section, shall not be entitled to receive said increase subsequent to the date the member files application for benefits under the Medicaid program.
(e) It is the intent of the Legislature that the additional cost-of-living increase granted to certain retired persons under the provisions of this section be financed, if possible, from existing funds of the Employees’ Retirement System and the Teachers’ Retirement System under the following provisions and conditions:
(1)a. If the regular actuarial firm employed by the Boards of Control of the Employees’ and Teachers’ Retirement Systems finds that the authorized additional cost-of-living increase can be paid for the fiscal year 1982-83 from existing funds of the systems without having serious adverse impact actuarially on the retirement systems, the Boards of Control of the retirement systems are hereby authorized and instructed to pay such additional cost-of-living increase beginning October 1, 1982. It is the intent of this legislation as pertains to future like funding, that such funding shall be made in accordance with Section 16-25-28, as pertains to actuarial soundness.
b. Further provided, if the actuarial report is not received by October 1, 1982, but meets the above condition when it is received during fiscal year 1982-83, then the cost-of-living increase shall be paid retroactively to October 1, 1982.
(2) If the conditions in (1) above are not met, the full cost-of-living increase shall be paid beginning October 1, 1983, and the cost of this benefit shall be included in the amount certified by the Board of Control to be contributed by the state under the provisions of Section 16-25-21 or 36-27-24 or any other applicable provision of law.
The provisions of this subsection shall govern and override any seeming or actual conflicts with other provisions of this section.
(f) 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 members of the Teachers’ and Employees’ Retirement Systems of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1982, 1st Ex. Sess., No. 82-659, p. 73, §§1-6; Acts 1995, No. 95-538, p. 1100, §10.)
(a)(1) There is hereby provided, commencing October 1, 1985, to each person, whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System, is prior to October 1, 1984, and who is receiving an allowance therefrom, a cost of living increase of $2.00 per month for each year of creditable service attained by said retired member.
(2) There is hereby provided, commencing October 1, 1985, to each person, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System, is prior to October 1, 1984, and who is receiving benefits therefrom, a cost of living increase of $2.00 per month for each year of creditable service attained by said retired member provided that only those retired members of the Employees’ Retirement System whose participation in the system was based on Section 36-27-6 and whose employer at the time of his retirement was a local board of education or a state-supported institution of higher education shall be eligible to receive the increase provided herein.
(b)(1)a. There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama $13,034,234.00, for the fiscal year beginning October 1, 1985, or such amounts as are necessary to carry out the provisions of this section as it relates to the Teachers’ Retirement System.
b. For each fiscal year thereafter, the Board of Control shall determine the cost of benefits under this subdivision as the percentage rate of earnable compensation of members required to be paid to the Teachers’ Retirement System. The employers’ payments on account of the increases provided in this section shall be paid in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increases provided for in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(2)a. There is hereby appropriated from the Education Trust Fund to the Employees’ Retirement System $230,182.00, for the fiscal year beginning October 1, 1985, or such amounts as are necessary to carry out the provisions of this section as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System.
b. For each fiscal year thereafter the Board of Control shall determine the amount necessary to fund the cost of benefits provided in this subdivision and the cost thereof shall be collected as provided in paragraph b. of subdivision (1) of subsection (b) above and transferred from the Teachers’ Retirement System to the Employees’ Retirement System.
(3) The benefits provided herein shall continue from year to year only so long as the Legislature shall continue to fund the cost of said increases.
(c) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost of living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such persons eligibility to receive benefits is impaired by the cost of living increase provided herein, shall not be entitled to receive said increase subsequent to the date that the member files application for benefits under the Medicaid program.
(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 the retired members of the Teachers’ Retirement System of Alabama and certain members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed.
(Acts 1985, No. 85-631, p. 961, §§1-4; Acts 1995, No. 95-538, p. 1100, §11.)
(a) There is hereby provided contingent upon the funding provisions of subsection (c) of this section, commencing October 1, 1985, to each person whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1984, a cost-of-living increase of $2.00 per month for each year of creditable service attained by said member; provided, however, that any person retired under the provisions of Section 36-27-7, or 36-27-7.1, shall receive an increase of $1.00 per month for each year of creditable service attained by said member.
(b) Any person retired under the Judicial Retirement Fund of Alabama as provided for in Chapter 18 of Title 12, shall not be deemed a retiree of the Employees’ Retirement System of Alabama for purposes of this section and shall not be entitled to receive any cost-of-living increase provided by this section.
(c)(1) There is hereby allocated and expended from any available funds of the Employees’ Retirement System, or from such funds as are appropriated to the Employees’ Retirement System for the fiscal year 1985-86, such amounts as are necessary to carry out the provisions of subsection (a) of this section for the fiscal year beginning October 1, 1985, provided that the system’s actuary shall certify to the Board of Control of said system that the authorized cost-of-living increase can be paid for the fiscal year 1985-86 from existing funds of the system without having serious adverse impact on the Employees’ Retirement System.
(2) Should the actuary certify that funds are available to partially provide the benefits authorized in subsection (a) of this section, then such partial benefit as certified by the actuary, is hereby authorized to be paid in lieu of the full benefits provided in said subsection (a) of this section commencing October 1, 1985.
(3) In the event favorable certification is not made by the actuary or in the event of partial certification, the full amount of the cost-of-living increase provided by this section shall be provided commencing October 1, 1986, and shall be funded pursuant to the provisions of Section 36-27-24, and subsection (d) of this section.
(4) Future funding of the benefits authorized in subsection (a) of this section shall be funded pursuant to subsection (d) of this section for the fiscal year 1986-87 and each year thereafter. Upon receipt of a favorable certification from the actuary or partial certification from the actuary, the Board of Control shall authorize the payment of such cost-of-living increase beginning October 1, 1985, provided, that if the actuarial report is not received by October 1, 1985, but meets the conditions set forth above when it is received during the 1985-86 fiscal year, then such cost-of-living increase shall be paid retroactive to October 1, 1985.
(d) Commencing with the fiscal year beginning October 1, 1986, the Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances provided under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(e) Subsequent appropriations for the purposes of funding this section shall be reduced to only those amounts necessary to fund the benefit increases provided in subsection (a) of this section.
(f) No person whose retirement is from a unit participating under Section 36-27-6, shall be entitled to the increased benefits provided in subsection (a) of this section, unless such employer elects to come under the provisions of said subsection. Any employer making such election must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under this section shall first pay the cost-of-living increase provided by Act No. 82-659, S. 9, 1982 First Special Session (now appearing as Section 36-27-21.3). Any employer participating under said Section 36-27-6 may elect to come under the provisions of this section at the beginning of any future fiscal year and said employer shall not be required to pay said cost-of-living increase retroactively.
(g) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided in subsection (a) of this section shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided in subsection (a) of this section, shall not be entitled to receive said increase subsequent to the date the member files application for benefits under the Medicaid program.
(h) 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 members of the Employees’ Retirement System of Alabama; provided, however, that those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1985, 2nd Ex. Sess., No. 85-976, p. 321, §§ 1-5.)
(a) The county commission of any county, by resolution duly adopted to conform to rules of the Board of Control of the Employees’ Retirement System of Alabama, may elect to provide any heretofore or hereafter authorized cost-of-living increases in the retirement benefits paid by the Employees’ Retirement System of Alabama to retirees of any public hospital or related facility which heretofore existed in the county, but which is now defunct, dissolved, transferred, reincorporated, consolidated with another public or quasi-public organization, or for any other reason is not participating in the Employees’ Retirement System. For purposes of this section, the county shall be deemed to have been the employer of such retirees of the public hospital or related facility and shall provide the funds necessary to pay the increase in retirement allowances described in this section.
(b) The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances as provided under subsection (a) of this section and shall notify the county of the amount required to be paid to the Employees’ Retirement System. Such amounts shall be paid monthly or as designated by the Board of Control to the Employees’ Retirement System of Alabama by the county providing such increases under subsection (a) of this section.
(c) The Board of Control of the Employees’ Retirement System of Alabama shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt, not inconsistent with this section.
(Acts 1989, No. 89-949, p. 1871, §§1-3.)
(a) There is hereby provided, to each pensioner, annuitant and retiree of any retirement plan other than the Employees’ Retirement System whose retirement is based upon service to an employer participating in the Employees’ Retirement System under Section 36-27-6, and whose effective date of retirement is prior to October 1, 1989, a cost-of-living increase of ten percent of his current monthly benefit; provided, however, such increase shall not be less than $20.00 nor more than $50.00 per month.
(b) There is hereby provided, to each pensioner whose retirement is based upon service to an employer participating in the Employees’ Retirement System under Section 36-27-6, but who retired prior to such employer’s participation in the said Employees’ Retirement System and who receives a monthly allowance from the Employees’ Retirement System a cost-of-living increase of ten percent of his current monthly benefit; provided, however, such increase shall not be less than $20.00 nor more than $50.00 per month.
(c) No person whose retirement is from a unit participating under Section 36-27-6, shall be entitled to the increased benefits provided in subsections (a) and (b) of this section unless such employee elects to come under the provisions of this section. Any employer making such election must bear the cost of the cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this section at the beginning of any subsequent fiscal year and such employer may not be required to pay said cost-of-living increase retroactively.
(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 the retired members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.
(Acts 1990, No. 90-301, p. 411, §§ 1-4.)
(a) The governing body of any quasi-public or private hospital which was previously a public hospital is hereby authorized to give cost-of-living increases to any retiree of the Employees’ Retirement System who was employed by any such hospital when it was a public hospital and who was a member of the Employees’ Retirement System pursuant to Section 36-27-6 during such employment. Such cost-of-living increases may be given whether present employees of the quasi-public or private hospital are participating members of the Employees’ Retirement System or not.
(b) The cost-of-living increases authorized by subsection (a) of this section may be granted from any foundation or trust funds which were established for health and related purposes from the residual earnings of hospital activities during the time the hospital was a public facility.
(Acts 1990, No. 90-534, p. 836, §§ 1, 2.)
Any public hospital which has withdrawn from participation in the Employees’ Retirement System is hereby authorized to pay any cost-of-living increases granted by law, including but not limited to the 1985 and 1988 cost-of-living increases, to any retiree of the Employees’ Retirement System who was employed by any such public hospital and who was a member of the Employees’ Retirement System pursuant to Section 36-27-6 during such employment.
(Acts 1990, No. 90-534, p. 836, §3.)
(a) Any state employee who, at the time of his 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 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.
(Acts 1971, No. 2322, p. 3745, §§ 1, 2.)
(a) The general administration and responsibility for the proper operation of the retirement system and for making effective this article are hereby vested in a board of trustees which shall be known as the Board of Control.
(b) The board shall consist of 15 trustees as follows:
(1) The Governor, ex officio, who shall be chairman.
(2) The State Treasurer, ex officio.
(3) The State Personnel Director, ex officio.
(4) The Director of Finance, ex officio.
(5) Three members of the retirement system, to be appointed by the Governor, no two of whom shall be from the same department of the state government nor from any department of which an ex officio trustee is the head. The state employees appointed pursuant to this section shall be Merit System employees with at least ten years of creditable state service and shall not be a department head or an assistant department head. The terms of office of the three members appointed by the Governor shall begin immediately after they have qualified and taken the oath of office. For appointments made after February 1, 2020, the Governor shall coordinate his or her appointments to assure that Board of Control membership is inclusive and reflects the racial, gender, and economic diversity of the state.
(6) Two members of the State Employees’ Retirement System who shall be vested in the system and elected by a majority vote of the participating full-time state employees who are members of the system, through the use of a statewide ballot conducted by the Secretary-Treasurer under rules adopted by the Board of Control. For their original terms, one shall serve for a two-year term and one shall serve for a three-year term. Thereafter, their successors each shall serve for a four-year term.
At the expiration of terms of office of the respective original trustees elected under this subdivision and every four years thereafter, their successors shall be elected in the same manner as provided by this subdivision.
(7) One member from the ranks of retired state employees and one member from the ranks of retired employees of a city, a county, or a public agency each of whom is an active beneficiary of the system shall be elected by a majority vote of the participating retired beneficiaries of the system. The retired state employee member shall serve for a four-year term beginning October 1, 1984, the member who is a retired employee of a city, a county or a public agency shall serve for a three-year term, beginning October 1, 1984, provided after the expiration date of the initial terms provided in this subdivision each term shall be for a period of three years. The retired state employee elected to serve the term beginning on October 1, 2024, and each retired state employee elected to serve thereafter, shall serve a term of four years. The retired employee of a city, county, or public agency elected to serve the term beginning on October 1, 2023, and each retired employee of a city, county, or public agency elected thereafter, shall serve a term of four years.
The retired members shall be elected in a statewide ballot conducted by the Secretary-Treasurer under rules adopted by the Board of Control. The Board of Directors of the Alabama Retired State Employees’ Association shall submit no more than two nominations for each retired member position. The Board of Control shall determine the procedure for selecting additional candidates. The ballots shall be conducted prior to October 1, 1984, and each applicable year thereafter in order that the trustees can take office by October 1, next following such election.
(8)a. Four members of the retirement system who are employed by or retired from an employer participating pursuant to Section 36-27-6, shall be elected by a majority vote of the members of the retirement system who are, as provided in this section, the full-time employees of those employers. The members of the retirement system who are elected and their successors each shall serve for a four-year term, except as provided to achieve staggered terms. The four members of the retirement system elected pursuant to this subdivision shall include:
Effective with the election following the conclusion of the term of office held by the trustee in office on May 6, 2021, and elected to a term ending September 30, 2022, as provided by this subdivision, one member of the retirement system who is a full-time employee of a participating municipality or city shall be elected by a majority vote of the full-time employees of the participating municipalities or cities.
One member of the retirement system who is a full-time employee of a participating county shall be elected by a majority vote of the full-time employees of the participating counties. The original term of office shall begin immediately after the individual has been elected and taken the oath of office and, in order to achieve staggered terms, the original term shall expire on September 30, 2026.
One member of the retirement system who is a full-time employee or retiree of an entity participating pursuant to Section 36-27-6, shall be elected by a majority vote of the full-time employees and retirees of the participating entities. The original term of office shall begin immediately after the individual has been elected and taken the oath of office and, in order to achieve staggered terms, the original term shall expire on September 30, 2025.
Effective with the election following the conclusion of the term of office held by the trustee in office on May 6, 2021, and elected to a term ending September 30, 2023 as provided by this subdivision, one member of the retirement system who is a full-time employee of an entity participating pursuant to Section 36-27-6, other than a municipality, city, or county, shall be elected by a majority vote of the full-time employees of those participating entities.
b. The elections shall be conducted by the Secretary-Treasurer through use of a statewide ballot in accordance with rules adopted by the Board of Control, which shall include a nomination petition of not less than 50 eligible voters. The election provided in subparagraph 2 of paragraph a. shall be conducted prior to October 1, 2022. The election provided in subparagraph 3 of paragraph a. shall be conducted prior to October 1, 2021. Each applicable year thereafter, all elections shall be conducted in the manner set forth in this subdivision in order that the trustees can take office October 1, next following such election.
(c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled, except that of the trustees elected under subdivision (b)(7). In that event the vacancy for the unexpired term shall be filled by an appointment by the Board of Control of the Employees’ Retirement System from a list of three retired employees furnished by the Board of Directors of the Alabama Retired State Employees’ Association.
(d) The trustees shall serve without compensation for their services as trustees, but they shall be reimbursed from the Expense Fund for all necessary expenses that they may incur through service on the Board of Control.
(e) Each trustee shall, within 10 days after his or her appointment, take an oath of office that, so far as it devolves upon him or her, he or she will diligently and honestly administer the affairs of the Board of Control and that he or she will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. The oath shall be subscribed to by the member making it, certified by the officer before whom it is taken, and immediately filed in the office of the Secretary of State.
(f) Each trustee shall be entitled to one vote in the Board of Control. Eight votes in favor of any decision shall be necessary for a decision by the trustees at any meeting of the board.
(g) Subject to the limitations of this article, the Board of Control, from time to time, shall adopt rules for the administration of the funds created by this article and for the transaction of its business.
(h) The Board of Control, by a majority vote of all trustees, shall elect a Secretary-Treasurer who shall serve as the chief executive officer of the retirement system. The Board of Control shall engage such actuarial and other special services as required to transact the business of the retirement system. The compensation of all persons engaged by the board, with the exception of clerical employees who shall be employed under the provisions of the Merit System Act, and all other expenses of the board necessary for the operation of the retirement system shall be paid at such rates and in such amounts as the board shall approve.
(i) The Board of Control shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the system.
(j) The Board of Control shall keep a record of all its proceedings which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding year, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the retirement system.
(k) The Attorney General shall be the legal adviser of the Board of Control.
(l) The Board of Control shall designate a medical board to be composed of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under this chapter and shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Control its conclusions and recommendations upon all matters referred to it.
(m) The Board of Control shall designate an actuary who shall be the technical adviser of the Board of Control on matters regarding the operation of the funds created by the provisions of this article and shall perform such other duties as are required in connection therewith.
(n) Immediately after the establishment of the retirement system the actuary shall make an investigation of the mortality, service, and compensation experience of the members of the system as the actuary shall recommend, and the Board of Control shall authorize, and, on the basis of the investigation, the actuary shall recommend for adoption by the Board of Control such tables and rates as are required in subsection (o). The Board of Control shall adopt tables and certify rates and, as soon as practicable thereafter, the actuary shall make a valuation based on such tables and rates of the assets and liabilities of the funds created by this article.
(o) In 1948, and at least once in each five-year period thereafter, the actuary shall make an actuarial investigation into mortality, service, and compensation experience of the members and beneficiaries of the retirement system and shall make a valuation of the assets and liabilities of the funds of the system and, taking into account the results of the investigation and valuation, the Board of Control shall adopt for the retirement system such mortality, service, and other tables as deemed necessary and certify the rates of contribution payable by the state under this article.
(p) On the basis of such tables as the Board of Control shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system created by this article.
(Acts 1945, No. 515, p. 734, §6; Acts 1953, No. 789, p. 1079, §1; Acts 1980, No. 80-763, p. 1590, §1; Acts 1981, No. 81-679, p. 1110, §1; Acts 1984, 1st Ex. Sess., No. 84-781, p. 158, §1; Acts 1991, No. 91-655, p. 1239, §1; Acts 1994, No. 94-616, p. 1140, §1; Act 2008-282, p. 549, §1; Act 2021-390, §1.)
(a) Effective October 1, 1997, all the assets of the retirement system shall be credited according to the purpose for which they are held among three funds, namely, the Annuity Savings Fund, the Pension Accumulation Fund, and the Expense Fund. The operation of the former Pension Reserve Fund and the Annuity Reserve Fund shall be discontinued as of such date and the balance of the former Pension Reserve Fund shall be transferred to the Pension Accumulation Fund, and the balance of the former Annuity Reserve Fund shall be transferred to the Pension Accumulation Fund.
(b) Annuity Savings Fund. The Annuity Savings Fund shall be a fund in which shall be accumulated contributions from the compensation of members to provide for their annuities.
Contributions to and payments from the Annuity Savings Fund shall be made as follows: Effective October 1, 1971, each employer shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period five percent of his or her earnable compensation; except, that in the case of a state policeman, the rate of 10 percent of earnable compensation shall apply, and in computing all retirement benefits it shall be assumed that a seven percent rate of contribution had applied with respect to service as a state policeman prior to July 1, 1957. For all pay dates beginning on or after October 1, 2011, each employer, except those employers participating pursuant to Section 36-27-6, shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period seven and one-quarter percent (7.25%) of his or her earnable compensation; except, that in the case of a state policeman, the rate of ten percent (10%) of earnable compensation shall apply. For all pay dates beginning on or after October 1, 2012, each employer, except those employers participating pursuant to Section 36-27-6, shall cause to be deducted from the salary of each Tier I plan member on each and every payroll of such employer for each and every payroll period seven and one-half percent (7.5%) of his or her earnable compensation; except, that in the case of a state policeman, the rate of ten percent (10%) of earnable compensation shall apply. For all pay dates beginning on or after January 1, 2013, each employer shall cause to be deducted from the salary of each Tier II plan member on each and every payroll period six percent (6%) of his or her earnable compensation; except that in the case of a state policeman, the rate of ten percent (10%) shall apply and in the case of a correctional officer, firefighter, or law enforcement officer as defined in Section 36-27-59, the rate of seven percent (7%) shall apply. Any employer participating under Section 36-27-6, by adoption of a resolution, may elect for the increases in employee contributions provided by Act 2011-676 to be withheld from the earnable compensation of employees of the employer. In determining the amount earnable by a member in a payroll period, the Board of Control may consider the rate of annual compensation payable to such member on the first day of the payroll period as continuing through such payroll period, and it may omit deductions from compensation for any period less than a full payroll period if an employee was not a member on the first day of the payroll period, and, to facilitate the making of deductions, it may modify the deductions required of any member by such an amount as shall not exceed one tenth of one percent of the annual compensation upon the basis of which such deductions are made.
The deductions provided for in this subsection shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deduction made and provided for in this subsection and shall receipt for his or her full salary or compensation and payment of salary or compensation less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this article. The employer shall certify to the Board of Control in each and every payroll or in such other manner as the board may prescribe the amounts to be deducted, and each of the amounts shall be deducted and, when deducted, shall be paid into the Annuity Savings Fund and shall be credited, together with regular interest thereon, to the individual account of the member from whose compensation the deduction was made.
In addition to the contributions deducted from compensation as provided in this subsection, subject to the approval of the Board of Control, any member may deposit in the Annuity Savings Fund by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his or her prospective retirement allowance, will provide for him or her a total retirement allowance not to exceed one half of his or her average final compensation at age 60. Such additional amounts so deposited shall become a part of his or her accumulated contributions, except in the case of retirement, when they shall be treated as excess contributions returnable to the member in cash or as an annuity of equivalent actuarial value and shall not be considered in computing his or her pension.
The contributions and interest credits of a member withdrawn by him or her or paid to his or her estate or to his or her designated beneficiary in event of his or her death shall be paid from the Annuity Savings Fund. Should a member cease to be a member other than by retirement under the provisions of this article, an amount equivalent to the difference, if any, between his or her accumulated contributions and the amount then paid shall be transferred to the Expense Fund. Upon the retirement of a member or the death of an eligible member where an allowance to a surviving spouse or other designated beneficiary is payable, his or her accumulated contributions shall be transferred from the Annuity Savings Fund to the Pension Accumulation Fund.
Notwithstanding the preceding provisions, no deductions shall be made from any member’s salary on account of which the employer’s contributions are in default.
The State Personnel Board, with the approval of the Governor, may provide that the state shall pick up member contributions to the Employees’ Retirement System of Alabama as required by this subsection on behalf of all state employees who participate in the Employees’ Retirement System by a corresponding reduction in the salary of the member, such pick-up to be mandatory for all such employees, 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 employee. If employee 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 employee contributions made prior to the date picked up.
(c) Pension Accumulation Fund. The Pension Accumulation Fund shall be the fund in which shall be accumulated all reserves other than the amounts held in the Annuity Savings Fund for the payment of all pensions, all allowances granted to surviving spouses or other designated beneficiaries and other benefits payable from contributions made by the employer and from which shall be paid all pensions, all allowances granted to surviving spouses or other designated beneficiaries and other benefits on account of members with prior service credit.
Contributions to and payments from the Pension Accumulation Fund shall be made as follows: On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the earnable compensation of each member to be known as the “normal contribution” and an additional amount equal to a percentage of his or her earnable compensation to be known as the “accrued liability contribution,” and these two amounts shall be paid monthly into the Pension Accumulation Fund; provided, that in the case of a state policeman, such percentage rates of contributions shall be calculated separately. The percentage rate of such contributions shall be fixed for each fiscal year on the basis of the liabilities of the retirement system 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.
On the basis of regular interest and of such mortality and other tables as shall be adopted by the Board of Control, the actuary engaged by the board to make such valuation required by this article during the period over which the accrued liability contribution is payable shall, immediately after making such valuation, determine the uniform and constant percentage of the earnable compensation of the average new entrant which, if contributed on the basis of his or her compensation throughout his or her entire period of active service, would be sufficient to provide for the payment of any pension payable on his or her account. The percentage rate so determined shall be known as the “normal contribution” rate. The normal rate of contributions shall be determined by the actuary after each valuation.
The accrued liability contribution rate shall be computed by the actuary on the basis of each valuation as the percentage rate of the total annual compensation of all members which is sufficient to liquidate the accrued liability over a period to be determined by the Board of Control which shall be not less than 10 nor more than 30 years.
The unfunded accrued liability shall be computed by the actuary as the total liabilities of the system which are not dischargeable by the assets of the Annuity Savings Fund and the Pension Accumulation Fund and the present value of the aforesaid normal contributions.
For purposes of computing the unfunded accrued liability the assets shall be determined as follows:
On September 30, 1997, the assets shall be determined by using the market value of such assets. For subsequent years the value of the assets shall be determined by the system’s actuary using a five year smoothed market value.
The total amount payable in each year to the Pension Accumulation Fund shall be not less than the sum of the percentage rates known as the normal contribution rate and the accrued liability contribution rate of the total compensation earnable by all members during the preceding year.
All interest and dividends earned on the funds of the retirement system shall be credited to the Pension Accumulation Fund. The amounts needed to allow a regular interest on the reserves in the Annuity Savings Fund shall be transferred in accordance with this article from the Pension Accumulation Fund. The Board of Control, in its discretion, may transfer to and from the Pension Accumulation Fund the amounts of any surplus or deficit which may develop in the Annuity Savings Fund, or the Expense Fund.
Upon the death of a member on account of whom no survivor allowance is payable under subdivisions (2) and (3) of subsection (c) of Section 36-27-16, the death benefit as provided in subdivision (4) of subsection (c) of Section 36-27-16 equal to the accumulated contributions, not to exceed $5,000.00, shall be payable from the Pension Accumulation Fund.
(d) Expense Fund. The Expense Fund shall be the fund from which the expenses of the administration of the retirement system shall be paid, exclusive of amounts payable as retirement allowances and as other benefits provided in this chapter. In addition thereto and on account of each member of the retirement system, there shall be paid monthly by the employer an amount equal to a certain percentage of the earnable compensation of each member for the administrative expenses of the retirement system. The percentage rate of such contribution shall be fixed by the Board of Control on the basis of the cost exclusive of that provided by interest not returnable. Any amounts credited to the accounts of the members withdrawing before retirement and not returnable under the provisions of subsection (c) of Section 36-27-16 shall be credited to the Expense Fund.
(e) Employer’s contributions. For each biennium beginning October 1, 1965, each employer shall pay to the retirement system the rates provided in this section and thereafter, at least 30 days preceding October 1 of each fiscal year, the Board of Control shall certify to the chief fiscal officer of each employer the percentage rates of earnable compensation of the members required to be paid to the retirement system in accordance with subsections (c) and (d) of this section.
The employer’s contribution on account of the membership of employees whose salaries are paid in whole or in part from funds derived from federal grants shall be paid from funds derived from the federal grants in accordance with statutes governing the administration of the grants and in proportion to salaries paid therefrom. At such time and in such manner as may be required, the Board of Control shall certify to each department of state receiving a federal grant the amount due and payable from the grant as the employer’s contribution to the retirement system on account of the membership of the department whose salaries are paid in whole or in part from funds derived from such federal grants. The fiscal agent of the department shall authorize the state Comptroller to draw a warrant or warrants in payment of the amount certified as due and payable from federal grants.
(f) Appropriations. There is hereby appropriated annually from the fund from which salaries of the employees of each employer are paid the amounts sufficient to carry out the provisions of this section. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the employer contribution of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.
(g) Employer cost provided for in this article together with member contributions required under this article shall be paid to the Employees’ Retirement System on the first day of the month following the month in which the related member salary is earned. Delinquent accounts shall accrue interest at the actuarial assumed investment rate beginning 30 days after the original due date. The member contributions for each member shall be reported to the Employees’ Retirement System in a format prescribed by the Employees’ Retirement System.
Acts 1945, No. 515, p. 734, §8; Acts 1947, No. 620, p. 470; Acts 1953, No. 79, p. 106, §4; Acts 1955, No. 281, p. 637, §1; Acts 1957, No. 28, p. 59, §3; Acts 1963, 1st Ex. Sess., No. 44, p. 144, §5; Acts 1965, No. 343, p. 468, §2; Acts 1967, No. 290, p. 819, §2; Acts 1969, No. 173, p. 465, §4; Acts 1971, No. 1463, p. 2490, §4; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §4; Acts 1982, No. 82-417, p. 628, §1; Act 98-385, p. 732, §11; Act 2010-221, p. 382, §1; Act 2011-676, p. 1805, §1; Act 2012-377, p. 944, §1.)
(a) The Board of Control shall be the trustees of the several funds of the Employees’ Retirement System created by this article as provided in Section 36-27-24 and shall have full power to invest and reinvest the funds, through its Secretary-Treasurer in the classes of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds, or other investments as the Board of Control may approve, with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Subject to like terms, conditions, limitations and restrictions, the Board of Control, through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer, and dispose of any investments in which the funds created in Section 36-27-24 shall have been invested as well as the proceeds of the investments and any moneys belonging to the funds.
(b) The Governor ex officio, shall be the Chair of the Board of Control. At the board meeting when the new positions created by Acts 1994, No. 94-616 are sworn into office, the Board of Control shall elect from its membership a vice-chair who shall have at least three years of service experience on the board. The vice-chair shall serve a term concurrent with that of the position of Investment Committee Place No. 1.
(c) The Secretary-Treasurer shall have the authority and it shall be his or her duty to carry out the investment policies fixed by the Board of Control and, pursuant thereto, he or she shall examine all offers of investments made to the funds, shall initiate inquiries as to available investments therefor, shall review periodically the investment quality and desirability of retention of investments held and shall make purchases and sales of investments as he or she shall deem to the best interests of the funds and as the Investment Committee provided for in subsection (d) of this section and as the consultant to the Secretary-Treasurer, if any, appointed by the Board of Control under subsection (e) of this section, to the extent of the purpose for which it is appointed, shall approve. The Employees’ Retirement System shall have full authority to employ its own legal counsel and to conduct and control any litigation in which it is involved through such counsel.
(d) The Board of Control shall provide for an investment committee which shall consist of three members of the board, one of whom shall be the Director of Finance. At the first board meeting held after April 26, 1994, two members of the board, who individually have at least three years of service experience on the board, shall be elected to serve on the Investment Committee in positions designated as Places No. 1 and No. 2. The person elected to serve in Place No. 1 shall serve for an initial term of one year while the person elected to serve in Place No. 2 shall serve for an initial term of two years. Successor terms for both places on the committee shall be for two years and successor candidates for the elected places shall meet the aforementioned board service experience requirement. The Investment Committee shall act as agent for the board and shall consider all investment recommendations made by the Secretary-Treasurer and shall either approve or disapprove the same in accordance with policies set by the board. The Investment Committee may act through the affirmative vote of any two of its members. Approvals may be secured informally in advance but shall in any event be confirmed by written authorization to be attached to the invoice for the transaction.
(e) The Board of Control may appoint and employ as consultant to the Secretary-Treasurer in the purchase, sale, and review of investments of the funds, to the extent as the board may designate, a bank having its principal office in the State of Alabama, having capital, surplus and undivided profits of not less than three hundred million dollars ($300,000,000) and having an organized investment department. The bank so appointed shall not sell securities to the retirement system other than U.S. government securities, or repurchase agreements for which no commission shall be charged.
(f) The Secretary-Treasurer shall report to the Board of Control all purchases and sales of investments made by him or her pursuant to this section at least once semiannually.
(g) The Board of Control shall allow annually regular interest on the mean amount for the preceding year in each of the funds, with the exception of the Expense Fund. The amounts so allowed shall be due and payable to the funds and shall be credited annually to the funds by the Board of Control from interest and other earnings on the moneys of the retirement system. Any additional amount required to meet the interest on the funds of the retirement system shall be paid from the Pension Accumulation Fund, and any excess of earnings over the amount required shall be paid to the Pension Accumulation Fund. Regular interest shall mean the percentage rate or rates to be compounded annually as shall be set by the Board of Control, the rate or rates to be limited to a minimum of three percent and a maximum of four and three-fourths percent.
(h) Funds accruing to the Annuity Savings Fund, the Annuity Reserve Fund, the Pension Accumulation Fund, and the Pension Reserve Fund shall be certified by the Secretary-Treasurer for deposit in the State Treasury to the credit of the Employees’ Retirement System. All moneys provided in accordance with this chapter for administrative expenses shall be certified for deposit in the State Treasury to the credit of the Employees’ Retirement System Expense Fund. All payments from the funds shall be made by the State Treasurer on warrants drawn by the state Comptroller upon vouchers signed by two persons designated by the Board of Control. A duly attested copy of the resolution of the Board of Control designating the persons and bearing on its face specimen signatures of the persons shall be filed with the state Comptroller as his or her authority for drawing warrants upon the voucher.
(i) Except as otherwise provided in this article, no member of the Board of Control and no employee of the board shall have any direct interest in the gains or profits of any investment made by the board nor as such receive any pay or emolument for his or her services. No member or employee of the Board of Control shall, directly or indirectly, for himself or herself or as an agent in any manner use the same, except to make the current and necessary payments authorized by the board, nor shall any member or employee of the Board of Control become an endorser or surety or in any manner an obligor for moneys loaned to or borrowed from the board.
(Acts 1945, No. 515, p. 734, §7; Acts 1953, No. 789, p. 1079, §2; Acts 1969, No. 173, p. 465, §3; Acts 1971, No. 1463, p. 2490, §3; Acts 1993, No. 93-619, p. 1023, §1; Acts 1994, No. 94-616, p. 1140, §2; Acts 1995, No. 95-203, p. 313, §6.)
All proposed legislation affecting the Employees’ Retirement System of Alabama shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
(Acts 1973, No. 1284, p. 2196, § 1.)
(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system 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 retirement system more or less than he 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.
(Acts 1945, No. 515, p. 734, §10.)
(a) Except as provided in subsection (b), the right of an individual 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 individual under this article and the monies in the various funds created by this chapter are 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 provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal case ordered by a circuit or district court judge in this state are not subject to the exemption set out in subsection (a), provided both of the following are satisfied:
a. The amount of the restitution ordered is in the amount of one thousand dollars ($1,000) or greater.
b. The individual subject to the order is a retiree or beneficiary who is currently receiving benefits from the Employees’ Retirement System.
(2) If the requirements of subdivision (1) are met, and upon a motion filed by the district attorney, the circuit or district court judge may order that the Employees’ Retirement System pay to the circuit clerk of the court no more than 25 percent of the retiree’s or beneficiary’s gross monthly benefit less any deductions for child support or health insurance for any dependents, to be applied to the balance of the restitution, fines, court costs, fees, or other financial obligations ordered in the criminal case.
(3) An order under subdivision (2) shall set out all of the following:
a. The individual’s name, date of birth, and Social Security number.
b. The amount of restitution ordered is in the amount of one thousand dollars ($1,000) or greater.
c. The amounts of restitution, fines, court costs, fees, or any other financial obligations owed, detailed individually.
d. The relevant case numbers.
e. The county in which the case was brought.
f. The circuit clerk’s name and mailing address.
g. That the restitution, fines, court costs, fees, or other financial obligations are payable as a result of a criminal disposition.
h. The amount or the percentage of funds to be paid.
(4) The district attorney shall notify the court whenever the restitution, fines, court costs, fees, or other financial obligations are paid in full. Thereafter, the court shall issue an order to stop the diversion of the individual’s funds. Any payment received by the circuit clerk in an amount over what was owed shall be paid back to the Employees’ Retirement System within 60 days with the specific identifying information as to the retiree or the beneficiary to whom it is owed.
(Acts 1945, No. 515, p. 734, §9; Act 2016-398, p. 1060, §1; Act 2024-408, §1.)
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.
(Acts 1975, No. 1105, p. 2181, §2.)
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 said state shall apply to members of the retirement system 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.
(Acts 1945, No. 515, p. 734, §11; Acts 1953, No. 79, p. 106, §5.)
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 system as may be necessary to ensure the Employees’ Retirement System of Alabama’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(b).)
(a) Commencing in the fiscal year beginning October 1, 2026, no benefit increase provided to retirees and beneficiaries under the Employees’ Retirement System, except for retirees and beneficiaries whose employers participate pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, shall be paid unless the increase is granted by a separate legislative act conforming to the requirements of this section. The separate legislative act shall set the amount of the increase and the class of eligible retirees and beneficiaries. Any other benefit increases may be granted by an additional separate legislative act. The Employees’ Retirement System shall pay the benefit increase to the eligible retirees and beneficiaries, except those whose employer participates in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, only if the annual cost of the increase as estimated by the actuary of the system is included and appropriated in the State General Fund appropriation act for that fiscal year by a separate employer rate. Participating employers, except those whose employer participates in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, shall pay the separate employer rate to pay the benefit increase included in the State General Fund appropriation act in the same manner and from the same source of funds as salaries of active members are paid. In any fiscal year in which the required separate employer rate is not identified and appropriated in the appropriation act, eligible retirees and beneficiaries shall not receive, and the Employees’ Retirement System shall not be required to pay, the increase in that fiscal year. The benefit increase may be resumed in any subsequent fiscal year if included in that year’s appropriation act.
(b) The Legislature finds and declares that any benefit increase provided for the retirees and beneficiaries of the Employees’ Retirement System pursuant to this section shall not increase the unfunded liability of those retirement systems due to the annual authorization and full annual funding required by this section.
(c) Any accounting standards that may imply otherwise and that do not recognize the clear language of this section, declaring that no future liability shall be attributed to the Retirement Systems of Alabama pursuant to this section, shall be disregarded and any audits conducted of the finances of the Retirement Systems of Alabama shall clearly note that those accounting standards do not apply to a benefit increase granted under this section.
(d) This section is not applicable to and shall not affect any previous cost-of-living increase or one-time bonus provided to retirees under acts previously passed by the Legislature.
(e) Commencing on November 4, 2026, only one retiree and beneficiary increase may be granted per legislative quadrennium pursuant to this section.
(Act 2025-336, §1, 3-5.)
All words and phrases defined in Section 36-27-1 shall have the same meanings ascribed to them in such section whenever used in this division, unless the context clearly indicates that a different meaning is intended.
(Acts 1975, No. 1102, p. 2173, §1.)
(a) Any employee who was in service on October 1, 1974, whose membership in the Employees’ Retirement System of Alabama was contingent upon his own election and who elected not to become a member, may apply for and be admitted to membership with all prior service credit, as otherwise provided for in Article 1 of this chapter, at any time prior to October 1, 1976; provided, that said employee pays to the Secretary-Treasurer of the Employees’ Retirement System of Alabama on or before October 1, 1976, a sum equal to the total contributions which he would have made as a member during his service as an employee from October 1, 1945, or the date of entry of his employing unit, to the date of his application for membership, plus compound interest of eight percent on such contributions.
(b) Any member in service on October 1, 1974, or any retired member of the Employees’ Retirement System of Alabama, who at one time worked as a nonmember may receive credit for prior service and for the years worked as a nonmember; provided, that said member or retired member pays to the Secretary-Treasurer of the Employees’ Retirement System of Alabama, on or before October 1, 1976, a sum equal to the total contributions which he would have made as a member during the period of his employment from October 1, 1945, or the date of entry of his employing unit, to the date he became a member, plus compound interest of eight percent on such contribution.
(c) Any member in service on October 1, 1974, or retired member, who is precluded from restoring creditable service because his account was terminated due to five years’ absence or because he withdrew his funds and after again becoming a member of the Employees’ Retirement System of Alabama failed to repay such withdrawn contributions plus interest within eight months after having completed five years of contributing membership service, may now receive credit for such terminated or withdrawn creditable service; provided, that he pays to the Secretary-Treasurer of the Employees’ Retirement System of Alabama, on or before October 1, 1976, a sum equal to the total contributions which he has withdrawn plus compound interest of eight percent on such contributions from the date of withdrawal.
(d) Any member in service on October 1, 1974, or retired member, who is precluded from receiving credit for military service because he failed to purchase same within the period prescribed by Article 1 of this chapter, may now receive credit for such military service as is consistent with such article; provided, that he pays to the Secretary-Treasurer of the Employees’ Retirement System of Alabama, on or before October 1, 1976, a sum equal to the contribution which he is required to make for the period of military service pursuant to such article, plus compound interest of eight percent on such contributions from the date of entry into military service.
(Acts 1975, No. 1102, p. 2173, §2.)
Any member who was a member of the Employees’ Retirement System on October 1, 1974, and who prior to said date had been ineligible to receive credit for service rendered as an employee prior to October 1, 1945, for reasons other than having been employed as a nonmember, shall be eligible under the provisions of Article 1 of this chapter to receive credit for all service as an employee rendered by him prior to the date of establishment of the retirement system; provided, that such person has never waived his claim on the funds of the retirement system by withdrawing his accumulated contributions to said funds; and provided, that said member has not been absent from service more than five years in any period of six consecutive years after becoming a member of the retirement system.
(Acts 1975, No. 1102, p. 2173, §3.)
Any person who is presently a regular employee of the State of Alabama and is covered or eligible to be covered under the state Employees’ Retirement System and who, prior to such regular employment was employed as a fully budgeted school bus driver (not a student), mechanic or maintenance worker by any county or city board of education or the governing board of any public school in Alabama regardless of the source from which and the manner in which his salary was paid, shall be entitled to receive credit for all service in such capacity rendered by him prior to October 1, 1971; provided, that such person shall pay into the Employees’ Retirement System, within six months from October 1, 1975, a sum equal to the total contributions which he would have made as a member during the period of such employment from October 1, 1945, to October 1, 1971.
(Acts 1975, No. 1102, p. 2173, §9.)
Any law or part of law relating to the payment of interest on contributions as a prerequisite to the granting of credit for withdrawn, terminated, nonmembership or military service under the Employees’ Retirement System notwithstanding, any eligible employee, member or retired member who claims such service shall pay into the retirement system, in addition to the contributions required, interest of eight percent, compounded annually, on such contributions, as a prerequisite to the granting of said service credit.
(Acts 1975, No. 1102, p. 2173, §4.)
All retirement allowance payments due on or after October 1, 1975, to members of the Employees’ Retirement System of Alabama who retired prior to said date shall be redetermined as if the provisions of this division were in effect at the time they retired; provided, that any increase provided in the retirement allowance payment under this section for a member who retired under the provisions of any optional benefit elected pursuant to Article 1 of this chapter shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any such optional benefit shall receive any increase in such payment under this section.
(Acts 1975, No. 1102, p. 2173, §5.)
Anything in this division to the contrary notwithstanding, the employer cost for the granting of any service credit granted under the provisions of this division shall become the continuing liability of the employer for whom such service was rendered.
(Acts 1975, No. 1102, p. 2173, §6.)
There is hereby appropriated annually from the funds from which salaries are paid the amounts sufficient to carry out the provisions of this division.
In the case of those departments, supported wholly by transfers from other state funds, there is hereby appropriated from the supportive funds such additional amounts as may be necessary to pay the employer contribution of each department so supported, in the same proportion as the other state funds contribute to the support and maintenance of such department.
(Acts 1975, No. 1102, p. 2173, §8.)
(a) Whenever used in this section, all words and phrases defined in Section 36-27-1 shall have the same meanings ascribed to them in such section, unless the context clearly indicates that a different meaning is intended.
(b) Any active and contributing member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama, who is an active member of either system, and who has rendered eligible service to any employer covered under either system, may hereby claim and purchase credit for any such prior service as an employee of any such employer. Any active and contributing member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama, who is an active member of either system, may claim and purchase up to four years’ credit for United States military service.
(c) Any member eligible to claim and purchase credit for service under subsection (b) of this section shall be awarded such credit under the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama provided he shall pay to the Secretary-Treasurer of his respective retirement system prior to said member’s date of retirement a sum equal to a percentage of his current annual earnable compensation; the applicable percentage of his current annual earnable compensation shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(d) The provisions granted under this section to reopen the retirement systems shall terminate October 1, 1981, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1981.
(e) The provisions of this section are cumulative and shall not be construed to repeal or supersede any laws or parts of laws not directly inconsistent herewith.
(Acts 1980, No. 80-639, p. 1207, §§ 1-5.)
(a) Any active and contributing member of the Employees’ Retirement System who is an employee of an employer participating in the system pursuant to Section 36-27-6, and whose current position was once excluded by the employer from participating in the system, may receive credit in the system for the period of full-time service for which his or her position was excluded by the employer from participating in the system, provided the member claiming the credit has been continuously employed by the employer since January 1, 1987, and the member performs and complies with the conditions prescribed in subsection (b) of this section.
(b) A member of the Employees’ Retirement System eligible to purchase credit in the system under subsection (a) of this section shall receive the credit after satisfying the following conditions:
(1) Each person eligible to claim and purchase the credit for service under subsection (a) of this section shall be awarded creditable service under the Employees’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1995, a lump sum equal to the percentage of his or her current annual earnable compensation, or final average compensation, whichever is greater, for each year of service credit purchased; the current annual earnable compensation or final average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(2) The employer shall certify in writing to the Employees’ Retirement System the dates of the period of full-time employment for which the member is claiming credit.
(Acts 1994, No. 94-721, p. 1419, §§1, 2.)
(a) Any active and contributing member of any one of the State of Alabama retirement systems who has been such a member for 10 consecutive years and has not previously purchased credit for military service with any one of the State of Alabama retirement systems may hereby claim and purchase credit in his or her respective retirement system for up to four years’ creditable service for time which such member has served in the active full-time military service of the Armed Forces of the United States, exclusive of any summer, weekend, or other part-time active military service in any reserve or National Guard component of any branch of the armed forces, provided said member has not received credit toward retirement status in such retirement system for said military service, and further provided that such member shall receive no credit for military service if such member is receiving military service retirement benefits other than disability allowance or benefits from any branch of the United States Armed Forces or by reason of any such service in any branch of the armed forces; and provided further that such member received an honorable discharge for and including the claimed military service.
(b) Any member eligible to claim and purchase credit for service under subsection (a) of this section shall be awarded such credit under any such Retirement System of Alabama provided he or she shall pay into his or her respective retirement system or fund prior to said member’s date of retirement and prior to October 1, 1986, a sum of money which is equal to a percentage of the member’s current annual earnable compensation; the applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions as determined by the system’s annual actuarial valuation for each year of purchased service.
(c) The provisions of this section to reopen the retirement system or fund for military service credit shall terminate October 1, 1986, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1986.
(Acts 1984, No. 84-382, p. 891, §§ 1-3.)
(a) Any active and contributing member of any one of the State of Alabama retirement systems who has been such a member for six consecutive years or more or any former such member who has vested retirement benefits may hereby claim and purchase credit in his or her respective retirement system for up to four years’ time which such member has served in the military service of the Armed Forces of the United States exclusive of any weekend or state active military service in any reserve or National Guard component of any branch of the armed forces, provided said member or former member has not received credit toward retirement status in such retirement system for said military service, and further provided that such member or former member shall receive no credit for military service if such member or former member is receiving military service retirement benefits other than disability allowance or benefits from any branch of the United States Armed Forces or by reason of any such service in any branch of the armed forces; and provided further that any discharge received by any such member or former member from any of the claimed military service has been honorable.
(b) Any member or former member eligible to claim and purchase credit for service under subsection (a) of this section shall be awarded such credit under any such Retirement System of Alabama provided he or she shall pay into his or her respective retirement system or fund prior to said member or former member’s date of retirement and prior to October 1, 1986 a sum of money which is equal to both the member’s and the state’s annual contribution into the respective retirement system or fund at the time of election to purchase the aforesaid credit multiplied by each year or fraction thereof of military service credit desired. In the case of a former member, such sum would be an amount equal to the annual contribution such former member and the state would pay if he or she were currently an active and contributing member at the time of said election.
(c) The provisions of this section to reopen the retirement system or fund for military service credit shall terminate October 1, 1986, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1986.
(Acts 1985, 2nd Ex. Sess., No. 85-1001, p. 379, §§ 1-3.)
(a) Whenever used in this section, all words and phrases defined in Section 36-27-1 shall have the same meanings ascribed to them in such section, unless the context clearly indicates that a different meaning is intended.
(b) Any active and contributing member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama, who is an active member of either system, and who has rendered service to any employer covered under such system, may hereby claim and purchase credit for any such service as an employee and may purchase credit for prior military service of any such employer.
(c) Any member eligible to claim and purchase credit for service under subsection (b) hereof, shall be awarded such credit under the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama provided he shall pay to the Secretary-Treasurer of his respective retirement system prior to said member’s date of retirement a sum equal to a percentage of his current annual earnable compensation for each year of service purchased; the applicable percentage of his current annual earnable compensation shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation, for each year of service purchased.
(d) The provisions granted under this section to reopen the retirement systems shall terminate October 1, 1988, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1988.
(Acts 1987, No. 87-731, p. 1424, §§ 1-4.)
(a) Whenever used in this section, all words and phrases defined in Section 36-27-1 and Section 16-25-1 and Title 12, Chapter 18, shall have the same meanings ascribed to them in such sections and chapter, unless the context clearly indicates that a different meaning is intended.
(b) Any active and contributing member of the Employees’ or Teachers’ Retirement System or any appellate judge in the Judicial Retirement Fund who has met the minimum vesting requirements under said systems and who has honorable duty consisting of active full-time military service in the Armed Forces of the United States, exclusive of any summer or weekend service in a reserve or national guard component of any branch of the armed forces, and who has not received credit for such service toward retirement status in the Employees’ or Teachers’ Retirement System or any appellate judge in the Judicial Retirement Fund or any other public pension fund including the U.S. Armed Forces, but excluding the federal Social Security program, may be granted by the Board of Control, membership service for up to four years of such service in the armed forces, provided the member received an honorable discharge on account of such service and provided further said member complies with the provisions set forth in subsection (d) of this section.
(c) For a period of six months only following April 21, 1992, any active and contributing member of the Employees’ or Teachers’ Retirement System of Alabama who has been such a member for six consecutive years or more and who has honorable duty consisting of active full-time military service in the Armed Forces of the United States, exclusive of any summer or weekend service in a reserve or National Guard component of any branch of the armed forces, and who has not received credit for such service toward retirement status in the Employees’ or Teachers’ Retirement System or any other public pension fund including the U.S. Armed Forces, but excluding the federal Social Security program, may be granted by the Board of Control, membership service for up to four years of such service in the armed forces, provided the member received an honorable discharge on account of such service and provided further said member complies with the provisions set forth in subsection (d) of this section.
(d) Any member eligible to claim and purchase such credit for service under subsection (b) or (c) of this section shall be awarded creditable service under the Employees’ or Teachers’ Retirement System or any appellate judge in the Judicial Retirement Fund of Alabama provided he or she, or his or her spouse pursuant to subsection (c) only, shall pay into said retirement system or fund, prior to said member’s date of retirement, a sum equal to the full actuarially determined cost for each year of service credit, as determined by the system’s actuary.
(Acts 1990, No. 90-528, p. 814, §§1-3; Acts 1992, No. 92-209, p. 520, §1; Act 98-385, p. 732, §12.)
(a)(1) A member of the Teachers’ Retirement System or a member of the Employees’ Retirement System may receive up to four years of creditable service for federal nonmilitary employment rendered for the United States, provided: (i) the member of the retirement system claiming the credit shall have attained not less than 10 years of contributing membership service credit, exclusive of military service credit, under the retirement system of which he or she is a member; and (ii) the member performs and complies with the conditions prescribed in subdivision (2).
(2) Before receiving credit pursuant to subdivision (1) the member shall first:
a. Before the date of his or her retirement and for each year of service credit, contribute to his or her respective retirement system the full actuarially determined cost for each year of claimed service as determined by the system’s actuary;
b. Have the public retirement system of the federal government certify in writing to the applicable state retirement system that the member had credit under the federal retirement system for the service claimed; and
c. Claim, purchase, and receive credit for qualified federal service in increments of not less than one year. If the member’s total or balance of qualified federal service is less than one year, he or she may claim and purchase credit for the entire time period.
(b) Any provision of this section to the contrary notwithstanding, a member may not receive credit for federal employment rendered for the United States if, at the time of retirement, he or she has credit or is entitled to any benefits whatsoever for the same service under any other retirement or pension plan which is wholly or partly funded from public funds. Nothing in this subsection shall be construed to apply to participation in the federal Social Security program. If federal nonmilitary employment service credit is not qualified, any contribution made pursuant to this section by a member shall be refunded to him or her.
(c) The applicable retirement system may deduct in 12 equal installments, from the retirement allowance payable to a retired member, any additional contribution necessary to pay the administrative cost incurred in granting the credit under this section if the applicable Board of Control and consulting actuary for the system determine that the amounts contributed by the member pursuant to this section are insufficient to pay the administrative cost.
(Act 2026-525, §1.)
(a) Notwithstanding any provision of this title to the contrary, any state employee who has worked during at least five regular sessions of the Legislature since 1971 or any employee who has worked during five consecutive regular sessions of the Legislature and who is termed “temporary employee” shall be considered a full-time employee of the State of Alabama and may, at the option of the employee, be covered as a member of the state Employees’ Retirement System and the State Employees’ Health Insurance Plan. Notwithstanding the foregoing, coverage shall continue as if the person is employed full time. The employee shall pay the full health insurance cost during the time the employee is not on the legislative payrolls but remains eligible to continue employment during the next regular or special session of the Legislature. During any legislative session that the employee is employed, the applicable contributions to the state Employees’ Retirement System and to health insurance coverage for dependents, if coverage is subscribed to for dependents, shall be deducted from the employee’s pay in the same manner as for full-time state employees and the employer cost shall be paid by the employee.
(b)(1) Any state employee, eligible to participate in the state Employees’ Retirement System or to participate in the State Employees’ Health Insurance Program, either as a regular full-time employee (including but not limited to Legislative Reference Service Personnel) or pursuant to subsection (a), may purchase prior service which shall be based on a pro rata basis on the number of months worked as a temporary employee of the Legislative Branch during any calendar year. There shall be no penalty for interruption of service based on the Legislature being out of session or of the employee not being employed in any special session. Notwithstanding the foregoing, the employee shall be ineligible to buy any time not otherwise qualified for during any other period. The eligible employee shall purchase the time by paying the amount he or she would have contributed had he or she been allowed to become a member when the service as a temporary employee of the Legislative Branch was rendered, together with interest not to exceed 8% compounded annually from the date of service to the date of payment.
(2) Any employee who purchases creditable service pursuant to subdivision (b)(1) shall pay the full amount within two years after electing to become eligible to participate pursuant to subsection (a) of this section. If an eligible employee has not purchased the creditable service under subdivision (b)(1) during the aforementioned two year period or a member is now eligible under subsection (b)(1) to purchase time worked as a temporary employee of the Legislative Branch, he or she may purchase the creditable service by paying the full amount of the cost of purchasing the creditable service to the Secretary-Treasurer of the Employees’ Retirement System between October 1, 1996, and December 31, 1996.
(Acts 1984, 1st Ex. Sess., No. 84-805, p. 229, §§1, 2; Acts 1992, No. 92-444, p. 904, §1; Acts 1995, No. 95-551, p. 1153, §1; Acts 1996, 2nd Ex. Sess., No. 96-886, p. 1711, §1.)
(a)(1) Any person who, as of October 1, 1996, is an officer or a regular employee of an employer eligible to participate in the Employees’ Retirement System under Section 36-27-6, and is covered or eligible to be covered under the state Employees’ Retirement System and who has previously been employed by another employer eligible for participation under Section 36-27-6, shall be eligible to receive up to 10 years of creditable service for employment rendered to another employer eligible for participation in the Employees’ Retirement System under Section 36-27-6 provided, that the member claiming the credit shall have attained not less than five years of contributing membership service credit, exclusive of military service credit under the Employees’ Retirement System, the member shall not have received credit for the prior service under any public retirement or pension plan except the federal Social Security program, and the member performs and complies with the conditions prescribed in subdivision (2).
(2) A member of the Employees’ Retirement System eligible under this subsection, may receive credit for service rendered to another employer eligible for participation in the Employees’ Retirement System as provided in subdivision (1), provided that prior to receiving the credit, the member shall contribute, prior to the date of his or her retirement, to the Employees’ Retirement System, for each year of service credit, a percentage of his or her current annual earnable compensation or the average of his or her current annual earnable compensation for the two fiscal years immediately prior to the purchase, whichever is greater; the applicable percentage of the annual earnable compensations shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(b) The eligible employer defined in subsection (a) shall certify in writing to the Employees’ Retirement System of Alabama the total employment status and earnable compensation by fiscal year for the member requesting the service credit.
(c) The member shall claim, purchase, and receive credit for all the service certified from the eligible employer up to a maximum of 10 years. In addition, the member is only eligible for a maximum of 10 years of service credit under this section regardless of the total number of eligible employers and total years of service.
(Acts 1985, No. 85-662, p. 1055, §§1, 2; Acts 1988, No. 88-648, p. 1033, §1; Acts 1997, No. 97-704, p. 1455, §1.)
Any active and contributing member of a city retirement system that participates in the Employees’ Retirement System under Section 36-27-6 who rendered prior service to a non-participating employer funded by a city and a county which was eligible for participation in the Employees’ Retirement System under Section 36-27-6, may purchase up to eight years of credit in the Employees’ Retirement System for the prior service if the member pays to the Secretary-Treasurer of the Employees’ Retirement System prior to the date of his or her retirement a sum equal to the full actuarial determined cost for each year of service purchased as determined by the actuary for the system. The local governmental entity which currently employs the member shall furnish the Employees’ Retirement System with documentation of the prior service being claimed by the member as requested by the retirement system. Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall receive credit for any service that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.
(Act 2000-217, p. 326, § 1.)
(a) Any person serving as an official court reporter on August 13, 1987, shall have one year from such date to elect to be covered by the Employees’ Retirement System of Alabama in lieu of eligibility to become a supernumerary court reporter. All elections under this provision shall be in writing and filed with the Administrative Office of Courts and with the Board of Control of the state Employees’ Retirement System within the election period heretofore set forth. Provided, however, that the failure of any person to elect coverage under the Employees’ Retirement System shall not affect their eligibility to qualify for supernumerary status and any official circuit court reporter who was employed on August 13, 1987, and did not elect to be covered by the Employees’ Retirement System of Alabama may, upon reemployment as an official court reporter after a lapse in service, continue to accumulate creditable service towards eligibility for supernumerary status. Any official court reporter employed prior to August 13, 1987, and who subsequently earned creditable years of service in the Employees’ Retirement System while serving as an official court reporter may have those creditable years of service transferred to the court reporters’ supernumerary program. Any official court reporter employed or appointed on or after August 13, 1987, shall automatically be covered under the Employees’ Retirement System.
(b) Official court reporters electing to be covered under the Employees’ Retirement System may elect no later than September 30, 2000, to purchase creditable service in the Employees’ Retirement System of up to five years for prior service as an official court reporter; provided that any court reporter so electing shall pay to the state Employees’ Retirement System a sum equal to the full actuarially determined cost for each year of service credit purchased as determined by the system’s actuary.
(Acts 1987, No. 87-777, p. 1525, §1; Acts 1996, No. 96-787, p. 1466, §1; Act 99-378, p. 604, §1; Act 2000-450, p. 812, §1.)
Any active and contributing member of the Employees’ Retirement System who has vested retirement benefits may hereby claim and purchase credit in the Employees’ Retirement System for up to four years’ time for employment by the Alabama Legislature prior to 1979, provided, that such member shall pay into the Employees’ Retirement System the total amount he would have contributed had he been allowed to contribute at the position and salary level, together with interest not to exceed eight percent compounded annually from the date of service to the date of payment, and provided that he shall make such payment within one year from May 19, 1989.
(Acts 1989, No. 89-915, p. 1810, §1.)
Any active and contributing member of the Employees’ Retirement System, may hereby claim and purchase credit in the Employees’ Retirement System for up to four years’ time for employment by the Alabama Legislature pursuant to Chapters 4, 5 and 7 of Title 29, prior to 1979, provided, that such member shall pay into the Employees’ Retirement System the total amount he would have contributed had he been allowed to contribute at the position and salary level, together with interest not to exceed eight percent compounded annually from the date of service to the date of payment, and provided that he shall make such payment within one year from August 8, 1991. Provided, further, any active and contributing member who has previously purchased credit for said service rendered prior to 1979 is prohibited from purchasing such credit for the same service.
(Acts 1991, No. 91-685, p. 1334, §1.)
(a) Any law to the contrary notwithstanding, any member of the Employees’ Retirement System of Alabama who has 10 or more years of creditable service in the Employees’ Retirement System of Alabama immediately prior to October 1, 1990 and who is employed by the State of Alabama at the time this bill becomes law, may hereby claim and purchase credit within the Employees’ Retirement System of Alabama for all the time which such member has served as an employee of the Alabama State Docks and was paid through the Alabama State Docks Terminal Railway payroll and for which he is not otherwise eligible for credit in the Employees’ Retirement System or any other retirement plan funded in whole or in part by the state except under the United States Social Security Act.
(b) Any member eligible to claim and purchase such credit for service under subsection (a) of this section shall be awarded creditable service in the Employees’ Retirement System of Alabama provided he or she shall pay into the system prior to said member’s date of retirement or prior to April 1, 1991, whichever occurs first, a sum of money which is equal to a percentage of his current annual compensation or average final salary, whichever is higher; the applicable percentage of said annual compensation or average final salary, whichever is higher, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation for each year of service credit under the provisions of this section.
(c) In order to receive credit in the Employees’ Retirement System of Alabama as described in subsection (a) of this section, the member shall waive any and all benefits for which he is presently eligible, or may become eligible in the future, under federal railroad retirement law. A member’s failure to waive these benefits will prohibit any credit of prior service by the Employees’ Retirement System of Alabama. Under no circumstances shall a person receive benefits from more than one pension plan for the same employment service.
(d) The provisions of this section that allow credit by the Employees’ Retirement System of Alabama for prior Alabama State Docks Terminal Railway service shall terminate on April 1, 1991, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to April 1, 1991.
(Acts 1990, No. 90-579, p. 984, §§ 1-4.)
(a) Any active and contributing member of the Employees’ Retirement System, who is employed by the Alabama State Docks on October 1, 1993, may purchase credit in the Employees’ Retirement System for prior service with the state docks if the member has not received credit in the system for the same prior service and has not vested or otherwise become eligible to receive a retirement benefit by using the same prior service credit in another pension plan offered by the state docks.
(b) A member of the Employees’ Retirement System who is eligible to purchase any prior service credit under subsection (a) shall receive the credit if he or she pays into the system on or before his or her date of retirement, an amount of five percent of the greater of the member’s current annual earnable compensation or average final compensation for the entire period of prior service claimed, or any portion thereof, plus eight percent compounded interest thereon through the date of repayment, for each year of prior service purchased. Prior service may only be purchased in yearly increments. At the same time that the employee makes his or her payment for the prior service credit, the Alabama State Docks shall remit to the Employees’ Retirement System the employer’s share of the cost for the prior service credit being purchased, plus eight percent compounded interest thereon through the date of repayment, as determined by the actuary for the system.
(c)(1) A member purchasing prior service credit under this section shall waive any and all present and future benefits which he or she has qualified to receive under any federal railroad retirement laws, any collective bargaining agreements, or any other pension plans offered by the Alabama State Docks. Failure to waive those benefits shall render a member ineligible to purchase any prior service credit in the Employees’ Retirement System under this section.
(2) The reopening of the Employees’ Retirement System for purchase of prior service credit under this section shall terminate on the date of retirement of the affected employee.
(Acts 1993, No. 93-364, p. 607, §§1-3.)
(a) Any acting and contributing member of either the Teachers’ or the Employees’ Retirement System may elect to purchase prior service credit for any full time employment he or she had in the Office of Agriculture Economics at Auburn University, provided such person complies with the following conditions prescribed in this section.
(b) Any member eligible to claim and purchase such credit for service under subsection (a) of this section shall be awarded creditable service under either the Teachers’ or the Employees’ Retirement System, as the case may be, provided he or she shall pay into his or her retirement system or fund, prior to said member’s date of retirement and prior to October 1, 1991, a sum equal to a percentage of his or her current annual earnable compensation, or average final compensation, whichever is greater, for each year of service purchased; the applicable percentage of this current annual earnable compensation or average final salary, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation, for each year of service purchased.
(c) The provisions of this section to reopen the retirement system or fund shall terminate October 1, 1991, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1991.
(Acts 1990, No. 90-581, p. 987, §§ 1-3.)
(a) Any active and contributing member of the Employees’ Retirement System may purchase credit in the Employees’ Retirement System for prior service with the Alabama State Council on the Arts if the member has not received credit in the system for the same prior service and has not vested or otherwise become eligible to receive a retirement benefit by using the same prior service credit in another pension plan offered by the council.
(b) A member of the Employees’ Retirement System who is eligible to purchase any prior service credit under subsection (a) of this section shall receive the credit if he or she pays into the system on or before his or her date of retirement, an amount of five percent of the greater of the member’s current annual earnable compensation or average final compensation, whichever is greater, as determined by the actuary for the system, for the entire period of prior service claimed, or any portion thereof, plus eight percent compounded interest thereon through the date of repayment, for each year of prior service purchased. Prior service may be purchased only in yearly increments of at least two years at a time. At the same time that the employee makes his or her payment for the prior service credit, he or she shall also remit to the Employees’ Retirement System the employer’s share of the cost for the prior service credit being purchased, plus eight percent compounded interest thereon through the date of repayment, as determined by the actuary for the system.
(Acts 1994, No. 94-722, p. 1421, §§1, 2.)
(a)(1) Any member of the Employees’ Retirement System of Alabama shall be eligible to receive up to 10 years of creditable service for service which was rendered between January 1, 1971, and December 31, 1983, as an employee of the State Economic Opportunity Office under the Alabama Development Office, provided that the member of the retirement system claiming the credit shall have attained not less than 10 years of contributing membership service credit, exclusive of military service credit, under the Employees’ Retirement System; and, provided further, that the member performs and complies with the conditions prescribed in subdivision (2).
(2) A member of the Employees’ Retirement System of Alabama eligible to purchase service credit in the system under paragraph a. of this subdivision, may receive credit for the prior service rendered as provided in subdivision (1), provided that as conditions precedent to the receipt of the credit:
a. The member shall contribute, prior to the date of his or her retirement, to the Employees’ Retirement System, for each year of service credit, a percentage of his or her current annual earnable compensation or average final compensation, whichever is greater; the applicable percentage of the annual earnable compensation or average final compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
b. The Alabama Development Office shall certify in writing to the Employees’ Retirement System that the member was an employee of the State Economic Opportunity Office during the period for which he or she is claiming service credit.
c. The member shall claim, purchase, and receive credit for the service described in paragraph b. in increments of not less than one year, unless the member’s total or balance of the service described in paragraph b. is less than one year, in which event, he or she shall claim and purchase credit for the entire period.
(b) Notwithstanding the foregoing, a member shall not receive credit for the service described in subsection (a) where at the time of retirement he or she has credit or is entitled to any benefits whatsoever for the same service under any other retirement or pension plan.
(Acts 1995, No. 95-381, p. 780, §1.)
(a) An active and contributing member of the Employees’ Retirement System, who is also a vested member of the system, may purchase service credit in the system not to exceed five years for any period of prior service while he or she was employed at a welcome center for the state while employees of the welcome centers were not allowed to be members of the system. The Board of Control of the Employees’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the prior service for which the member desires to purchase credit in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall be eligible to receive credit for any period of time for which the member is already receiving credit in the system or in any other retirement plan, with the exception of the federal Social Security program.
(b) Any employee electing to purchase service credit pursuant to subsection (a) shall remit to the Secretary-Treasurer of the Employees’ Retirement System, within one year of October 1, 1997, for each year of service credit, a percentage of his or her current annual earnable compensation or average final compensation, whichever is greater; the applicable percentage of the annual earnable compensation, or average final compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(Acts 1997, No. 97-691, p. 1404, §1.)
(a) An active and contributing member of the Employees’ Retirement System who is currently employed with the International Motorsports Hall of Fame may purchase credit in the system for prior service rendered with the International Motorsports Hall of Fame and compensated by the International Speedway Corporation between January 1, 1982, and December 31, 1983. Notwithstanding, no member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan with the exception of the federal Social Security program.
(b) A member eligible to purchase prior service credit in the Employees’ Retirement System under subsection (a) may elect to purchase the credit prior to October 1, 2002, by paying the Secretary-Treasurer of the Employees’ Retirement System a lump sum equal to the full actuarially determined cost for each year of service purchased as determined by the system’s actuary.
(Act 2001-1101, 4th Sp. Sess., p. 1162, §2.)
(a) Any active and contributing member of the Employees’ Retirement System may claim and purchase credit not to exceed 10 years in the system for prior service rendered while employed with the Dauphin Island Park and Beach Board of Mobile County, Inc., if the member complies with subsection (b).
(b) A member of the Employees’ Retirement System eligible to purchase prior service credit pursuant to subsection (a) may receive credit in the system for the prior service by paying prior to his or her date of retirement, the full actuarially determined cost for each year of service purchased as determined by the system’s actuary. Notwithstanding the foregoing, no member of the Employees’ Retirement System shall be eligible to receive service credit in the system for any service that the member is already credited with in the system or in any other public retirement plan, with the exception of the federal Social Security program.
(c) The Dauphin Island Park and Beach Board of Mobile County, Inc. shall certify in writing to the Employees’ Retirement System the total employment status and earnable compensation by fiscal year for the member purchasing credit for any prior service as provided for in this section.
(Act 2002-407, p. 1025, §1.)
Notwithstanding any provision of Section 41-9-43, or any other provisions of law to the contrary, the director and the employees of the Alabama State Council on the Arts shall begin participating as members of the Employees’ Retirement System on October 1, 2002, under the same rules and regulations in effect at the time for state employees participating as active members of the system. No later than September 30, 2002, all funds in any private retirement plan or program which is in effect for the director and employees of the council shall be transferred to the Employees’ Retirement System and the council shall cease participating in the private retirement plan or program on the date of the transfer. Upon commencing participation as a state agency in the Employees’ Retirement System, the director and the employees of the council shall receive credit in the Employees’ Retirement System for all prior service rendered to the council before October 1, 2002, provided the prior service credit is not being used for participation in any other public retirement system or plan other than the federal Social Security program. The Board of Control of the Employees’ Retirement System may promulgate and implement any administrative rules necessary to implement this section.
(Act 2002-416, p. 1060, §1.)
(a) Any active and contributing member of the Teachers’ Retirement System or the Employees’ Retirement System who has 10 years or more of credible service in either system may claim and purchase service credit in the system for up to 10 years of prior service for employment as an employee with the United States Department of Agriculture Farm Service Agency if the member complies with the conditions prescribed in subsection (b). No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.
(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system, by May 23, 2013, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.
(c) Any year of service purchased under the provisions of this section shall not be considered in determining the out-of-pocket premium amount charged to retirees under the provisions of Section 16-25A-8.1 or Section 36-29-19.7. Also, any service purchased under this section shall not entitle a member to be eligible for benefits under either the Public Education Employees’ Health Insurance Plan or the State Employees’ Health Insurance Plan any earlier than the member could have reached eligibility under the plan without the service purchased under the provisions of this section.
(Act 2012-558, p. 1641, §§2, 3.)
(a) Any active and contributing member of any member unit of the State of Alabama retirement systems who has been such a member for at least one year may hereby claim and purchase credit in his or her respective member unit of the State of Alabama retirement systems for service rendered to any county government as a county solicitor. Such retirement systems member shall be allowed to purchase such prior service for a period of prior service time not to exceed eight years’ total service as county solicitor.
(b) Any member eligible to claim and purchase credit for such county service under subsection (a) shall be awarded such credit under such member unit of the Retirement Systems of Alabama provided he or she shall pay into his or her respective retirement system fund prior to said member’s date of retirement and not later than October 1, 1993, a sum of money equal to a percentage of the member’s current annual compensation or average final salary, whichever is higher; the applicable percentage of said annual compensation or average final salary, whichever is higher, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation for each year of service purchased, not to exceed eight years.
(Acts 1991, No. 91-585, p. 1074, §§1, 2.)
(a) Any vested member of any component system or fund of the Employees’ Retirement System may claim and purchase up to three years’ credit in his or her system or fund for up to three years of prior service which he or she rendered to any county government as a county solicitor.
(b) Any vested member eligible to claim and purchase credit for prior service as a county solicitor under subsection (a), shall be awarded credit under the appropriate system or fund provided he or she pays into his or her respective retirement system or fund prior to the member’s date of retirement, a sum of money equal to a percentage of the member’s highest annual compensation or final average salary during the period of prior service, whichever is higher; the applicable percentage of the highest annual compensation or the final average salary, whichever is higher, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation for each year of service purchased, not to exceed three years.
(Acts 1993, No. 93-715, p. 1400, §1.)
(a) Whenever words and phrases defined in Section 36-27-1 are used in this section, they shall have the same meanings ascribed to them in that section unless the context clearly indicates that a different meaning is intended.
(b) Any active and contributing member of the Employees’ Retirement System may elect to purchase credit for any service rendered to any district attorney within the State of Alabama prior to May 4, 1982, the effective date of Section 36-29-1, notwithstanding any document heretofore executed which was signed waiving the right to purchase the service.
(c) Any employee electing to purchase service credit pursuant to subsection (b) shall remit to the Secretary-Treasurer of the Retirement System of Alabama, within one year of October 1, 1996, for each year of service credit, a percentage of his or her current annual earnable compensation or average final compensation, whichever is greater; the applicable percentage of the annual earnable compensation, or average final compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(Acts 1993, No. 93-304, p. 442, §§1-3; Acts 1996, No. 96-774, p. 1415, §1.)
(a) An active and contributing member of the Employees’ or Teachers’ Retirement System who has been a member of the system for at least 10 years, may claim and purchase credit not to exceed three years in his or her respective retirement system for prior service rendered while employed in a program in the office of a local district attorney which was financed at the time the service was rendered by a federal grant if the member complies with the provisions set forth in subsection (b) of this section.
(b) Each person eligible to claim and purchase the credit for service under subsection (a) of this section shall be awarded creditable service under the Employees’ Retirement System or Teachers’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1995, a lump sum equal to the percentage of his or her current annual earnable compensation, or final average compensation, whichever is greater, for each year of service credit purchased; the current annual earnable compensation or final average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(Acts 1994, No. 94-721, p. 1419, §§3, 4; Acts 1994, No. 94-722, p. 1421, §§3, 4.)
(a) An active and contributing member of the Employees’ Retirement System who has been a member of the system for at least 10 years, may claim and purchase credit not to exceed six years in the retirement system for prior service rendered while employed in a program in the office of a local district attorney which was a nonparticipant in the retirement system during the period of the prior service or for prior service rendered as an official court reporter when court reporters were not allowed to participate in the retirement system, or for both. The prior service credit may be purchased if the member has not received credit for the prior service claimed in any public pension system or as a supernumerary and the member complies with the provisions set forth in subsection (b).
(b) Each person eligible to claim and purchase credit for any prior service under subsection (a) shall be awarded creditable service under the Employees’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1996, a lump sum equal to a percentage of his or her current annual earnable compensation, or average compensation for the two years immediately prior to the purchase, whichever is greater, for each year of service credit purchased; the applicable percentage of his or her current annual earnable compensation or average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(Acts 1995, No. 95-555, p. 1161, §§1, 2.)
(a) An active and contributing member of the Employees’ Retirement System may claim and purchase credit not to exceed two years in the retirement system for prior service rendered in the office of a local district attorney which was a nonparticipant in the Employees’ Retirement System during the period of the prior service. The prior service credit may be purchased if the member has not received credit for the prior service claimed in any public pension system or as a supernumerary and the member complies with the provisions set forth in subsection (b).
(b) Each person eligible to claim and purchase credit for any prior service under subsection (a) shall be awarded creditable service under the Employees’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1996, a lump sum equal to a percentage of his or her current annual earnable compensation, or average compensation, whichever is greater, for each year of service credit purchased; the applicable percentage of his or her current annual earnable compensation or average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
(Acts 1996, No. 96-655, p. 1052, §1.)
(a) Notwithstanding any other laws, an active and contributing member of the Employees’ Retirement System may purchase service credit in the system not to exceed one year for any period of time while he or she was on maternity leave from service without pay. The Board of Control of the Employees’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the service that the member desires to purchase credit for in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall be eligible to receive credit for any period of time that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.
(b) Any member who is eligible to purchase service credit in the Employees’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system, prior to October 1, 2000, for the claimed service, a sum equal to the full actuarially required cost for each year of service credit purchased as determined by the actuary for the system.
(c) Subsequent to October 1, 2000, any member claiming service credit under the provisions of this section shall claim and purchase the service credit no later than June 30 of the year immediately following the expiration of the maternity leave.
(Act 99-385, p. 612, § 1.)
(a) Notwithstanding any other laws, any active and contributing member of the Employees’ Retirement System of Alabama may purchase up to two years of service credit for the time he or she was receiving benefits pursuant to the Alabama Workers’ Compensation Act, commencing with Section 25-5-1, and was absent from work due to a work related and compensable injury; provided that the member returned to work with his or her covered employer within one year following cessation of workers’ compensation benefits. The Board of Control of the Employees’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the service that the member desires to purchase credit for in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall be eligible to receive credit for any period of time that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.
(b) Any member who is eligible to purchase service credit in the Employees’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system within two years from the end of the disability period for which credit is sought for the claimed service, a lump sum equal to the full actuarially required cost for each year of service credit purchased as determined by the actuary for the system.
(Act 2015-256, §1.)
(a) When used in this section, the following terms have the following meanings, unless the context clearly indicates otherwise:
(1) CORRECTIONAL OFFICER. A full-time correctional officer who is certified as a correctional officer by the Alabama Peace Officers’ Standards and Training Commission. For the purposes of this section, the term also includes the Commissioner of Corrections, as defined in Section 14-1-1.3, and a deputy commissioner of corrections, as defined in Section 14-1-1.5, who has earned and maintains Alabama Peace Officers’ Standards and Training Commission certification as a correctional officer or law enforcement officer.
(2) EMERGENCY MEDICAL SERVICES PERSONNEL. Full-time emergency medical services personnel employed by a local unit of the Employees’ Retirement System under Section 36-27-6, who are certified as emergency medical services personnel by the State Board of Health.
(3) FIREFIGHTER. A full-time firefighter employed with the State of Alabama, a municipal fire department, or a fire district who has a level one minimum standard certification by the Firefighters Personnel Standards and Education Commission, or a firefighter employed by the Alabama Forestry Commission who has been certified by the State Forester as having met the wild land firefighter training standard of the National Wildfire Coordinating Group.
(4) LAW ENFORCEMENT OFFICER. A full-time law enforcement officer, not covered as a state policeman, employed with any state agency, department, board, commission, or institution or a full-time law enforcement officer employed by a local unit of the Employees’ Retirement System of Alabama under Section 36-27-6 who is certified as a law enforcement officer by the Alabama Peace Officers’ Standards and Training Commission.
(b)(1) Any firefighter, law enforcement officer, correctional officer, or emergency medical services personnel covered under the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama as a Tier I plan member, upon attainment of the requisite years of creditable service or who otherwise qualifies for service or disability retirement, shall be awarded one year of hazardous duty time for every five years of service as a firefighter, a law enforcement officer, a correctional officer, or emergency medical services personnel provided that the individual has made the additional contribution provided in subdivision (2) or (3) or paid the additional contribution required in subsection (c) for each year of service used in determining hazardous duty time for the individual. Proportional credit shall be awarded for any period of service less than five years.
(2) Effective January 1, 2001, and each pay period thereafter, each active employee who is a firefighter, law enforcement officer, or correctional officer, as defined in subsection (a), shall contribute to the Teachers’ or Employees’ Retirement System of Alabama six percent of his or her earnable compensation. For all pay dates beginning on or after October 1, 2011, each active employee who is a firefighter, law enforcement officer, or correctional officer, as defined in subsection (a), except those employees participating pursuant to Section 36-27-6, shall contribute to the Teachers’ or Employees’ Retirement System of Alabama eight and one-quarter percent of his or her earnable compensation. For all pay dates beginning on or after October 1, 2012, each active employee who is a Tier I plan member and who is a firefighter, law enforcement officer, or correctional officer, as defined in subsection (a), except those employees participating pursuant to Section 36-27-6, shall contribute to the Teachers’ or Employees’ Retirement System of Alabama eight and one-half percent of his or her earnable compensation. Any employer participating under Section 36-27-6, by adoption of a resolution, may elect for the increases in employee contributions provided by Act 2011-676 to be withheld from the earnable compensation of employees of the employer.
(3) For all pay dates beginning on or after October 1, 2024, all active employees who are considered emergency medical services personnel employed by an employer participating under Section 36-27-6 shall contribute the following:
a. Six percent of their earnable compensation to the Employees’ Retirement System of Alabama if their employer has not elected to increase employee contributions as provided by Act 2011-676.
b. Eight and one-half percent of their earnable compensation to the Employees’ Retirement System of Alabama if their employer has elected to increase employee contributions as provided by Act 2011-676.
(c) Any member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama eligible under subsection (b) may receive credit for his or her eligible prior service provided the member pays to the Secretary-Treasurer of the Employees’ Retirement System of Alabama or the Secretary-Treasurer of the Teachers’ Retirement System of Alabama one percent of his or her current annual earnable compensation or previous year’s annual earnable compensation, whichever is higher, for each year of claimed credit. The member may purchase his or her claimed credit in increments of five years, unless the total service credit is less than five years, in which case the service shall be purchased in its entirety. The member shall provide certification from each employing agency, on forms prescribed by the Teachers’ or Employees’ Retirement System of Alabama, of each year of claimed service, as a prerequisite to payment under this section.
(d) This section shall not apply to any Tier II plan member.
(e) The designation of the Commissioner of Corrections and a deputy commissioner of corrections as correctional officers or law enforcement officers for purposes of this section shall be applied retroactively to March 1, 2022.
(Act 2000-669, p. 1335, §§1-3; Act 2001-1101, 4th Sp. Sess., p. 1162, §1; Act 2004-637, p. 1459, §1; Act 2011-676, p. 1805, §1; Act 2012-377, p. 944, §1; Act 2023-101, §1; Act 2023-533, §1; Act 2024-105, §1.)
Any active and contributing member of the Employees’ Retirement System who was a regular employee of an agency eligible for participation in the Employees’ Retirement System under Section 36-27-6 and is now covered by the Employees’ Retirement System shall be eligible to receive up to eight years of creditable service for the employment, provided that the member of the Employees’ Retirement System claiming the credit shall have attained not less than five years of contributing membership service credit exclusive of military service credit under the Employees’ Retirement System, has not received credit for the same prior service under any retirement system other than the federal Social Security program, and provided further, that the member performs and complies with the conditions prescribed in Section 36-27-71.
(Acts 1990, No. 90-548, p. 853, §1; Acts 1996, No. 96-780, p. 1420, §1; Act 2001-1101, 4th Sp. Sess., p. 1162, §1; Act 2018-404, §1.)
(a) A member of the Employees’ Retirement System of Alabama who becomes eligible under Section 36-27-70 on or after December 28, 2001, may receive credit for employment rendered to a city, county, or a political subdivision thereof of the State of Alabama as provided in Section 36-27-70 provided that as conditions precedent to the receipt of such credit:
(1) Such member shall contribute, prior to the date of his or her retirement to the Employees’ Retirement System for each year of employment with a city, county, or a political subdivision thereof of the State of Alabama, the full actuarially determined cost for each year of service purchased as determined by the system’s actuary.
(2) The city, county, or the political subdivision thereof of the State of Alabama for which such member was employed shall certify in writing to the Employees’ Retirement System the dates of the member’s employment together with a statement certifying that such member was a regular employee of the city, county, or political subdivision thereof in the State of Alabama during such period of claimed credit.
(3) The member shall claim, purchase, and receive credit for eligible service in increments of not less than one year unless such member’s total or balance of such service is less than one year in which event he or she shall claim and purchase credit for the entire period.
(b) A member of the Employees’ Retirement System of Alabama who was eligible under Section 36-27-70 prior to December 28, 2001, may receive credit for employment rendered to a city, county, or a political subdivision thereof of the State of Alabama as provided in Section 36-27-70 provided that as conditions precedent to the receipt of such credit:
(1) Such member shall contribute, prior to December 31, 2003, to the Employees’ Retirement System for each year of employment with a city, county, or a political subdivision thereof of the State of Alabama a percentage of his or her current annual compensation or average final compensation, whichever is greater; the applicable percentage of the annual compensation or average final compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation.
(2) The city, county, or the political subdivision thereof of the State of Alabama for which such member was employed shall certify in writing to the Employees’ Retirement System the dates of the member’s employment together with a statement certifying that such member was a regular employee of the city, county, or political subdivision thereof in the State of Alabama during such period of claimed credit.
(3) The member shall claim, purchase, and receive credit for eligible service in increments of not less than one year unless such member’s total or balance of such service is less than one year in which event he or she shall claim and purchase credit for the entire period.
(Acts 1990, No. 90-548, p. 853, §2; Act 2001-1101, 4th Sp. Sess., p. 1162, §1; Act 2003-376, §1.)
Anything in this division to the contrary notwithstanding, a member of the Employees’ Retirement System shall not receive credit for such service where at the time of retirement he has credit or is entitled to any benefits whatsoever for the same service under any other retirement or pension plan which is wholly or partly funded from public funds; provided that nothing herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of such service credit, contributions made under this division by the member shall be refunded to him.
(Acts 1990, No. 90-548, p. 853, §3.)
The Employees’ Retirement System may deduct in 12 equal installments from the retirement allowance payable to a retired member any additional contributions necessary to pay the administrative costs incurred in granting the credit hereunder in the event its Board of Control and consulting actuaries thereto determine that the amounts contributed by the member under the provisions hereof are insufficient to pay such administrative costs.
(Acts 1990, No. 90-548, p. 853, §4.)
There is hereby provided, commencing October 1, 1988, to each person except persons whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1987, and to beneficiaries of deceased members or deceased retirees except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, provided the date of death for such deceased member or the effective date of retirement for such deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1987, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:
(1) One dollar per month for each year of service attained by said retiree plus $3.50 per month for each year of retirement attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.
(2) One dollar per month for each year of service attained by said retiree plus $3.50 per month for each year of retirement attained by said retiree reduced by the retiree’s option election factor for each retiree selecting Option 2, 3 or 4.
(3) One dollar per month for each year of service attained by said deceased member or deceased retiree plus $3.50 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
(Acts 1988, No. 88-599, p. 929, §1.)
There is hereby provided to each person whose employer elects to come under the provisions of this article and whose retirement is based on 51 or more percent service to an employer participating under Section 36-27-6, and whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1987, and to certain beneficiaries of deceased members and deceased retirees of such employers, provided the effective date of death or retirement for such deceased retiree or deceased member for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1987, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:
(1) One dollar per month for each year of service attained by said retiree plus $3.50 per month for each year of retirement attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.
(2) One dollar per month for each year of service attained by said retiree plus $3.50 per month for each year of retirement attained by said retiree reduced by the retiree’s option selection factor for each retiree selecting Option 2, 3 or 4.
(3) One dollar per month for each year of service attained by said deceased member or deceased retiree plus $3.50 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement, reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
(Acts 1988, No. 88-599, p. 929, §2.)
There is hereby provided, commencing October 1, 1988, to each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-7 or section 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1987, and to certain beneficiaries of deceased members and deceased retirees of such employers, provided the effective date of retirement or death for such deceased retiree or deceased member for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1987, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:
(1) Fifty cents per month for each year of service attained by said retiree plus $1.75 per month for each year of retirement attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.
(2) Fifty cents per month for each year of service attained by said retiree plus $1.75 per month for each year of retirement attained by said retiree reduced by the retiree’s option selection factor for each retiree selecting Option 2, 3 or 4.
(3) Fifty cents per month for each year of service attained by said deceased member or deceased retiree plus $1.75 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement, reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
(Acts 1988, No. 88-599, p. 929, §3; Acts 1989, No. 89-525, p. 1074, §1.)
The survivor allowance shall be adjusted as provided in Section 36-27-80(3) for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of such retiree.
(Acts 1988, No. 88-599, p. 929, §4.)
(a) Commencing with the fiscal year beginning October 1, 1988, the Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-80 and 36-27-82 of this article and shall notify the chief fiscal officer of each employer the percentum rates of earnable compensation of the numbers required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in Sections 36-27-80 and 36-27-82 in the same manner and from the same source of funds as provided in Sections 36-27-24 and 36-27-7, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-80 and 36-27-82 of this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(b) No person whose retirement is from a unit participating under Section 36-27-6, shall be entitled to the increased benefits provided in Section 36-27-81 of this article, unless such employer elects to come under the provisions of said section. Any employer making such election must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under the provisions of this section at the beginning of any subsequent fiscal year and such employer shall not be required to pay said cost-of-living increase retroactively.
(Acts 1988, No. 88-599, p. 929, §5.)
Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided herein, shall not be entitled to receive said increase subsequent to the date that the member files application for benefits under the Medicaid program.
(Acts 1988, No. 88-599, p. 929, §6.)
The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.
(Acts 1988, No. 88-599, p. 929, §7.)
There is hereby provided, commencing October 1, 1990, to each person except persons whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1989, and to beneficiaries of deceased members or deceased retirees except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 or 36-27-7.1, provided the date of death for such deceased member or the effective date of retirement for such deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1989, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:
(1) $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.
(2) $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree reduced by the retiree’s option election factor for each retiree selecting Options 2, 3 or 4.
(3) $1.00 per month for each year of service attained by said deceased member or deceased retiree plus $3.00 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
(Acts 1990, No. 90-522, p. 759, §1.)
There is hereby provided to each person whose employer elects to come under the provisions of this act and whose retirement is based on 51 or more percent service to an employer participating under Section 36-27-6, and whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1989, and to certain beneficiaries of deceased members and deceased retirees of such employers, provided the effective date of death or retirement for such deceased retiree or deceased member for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1989, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:
(1) $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree for each retiree selecting the minimum retirement allowance or Option 1.
(2) $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree reduced by the retiree’s option selection factor for each retiree selecting Option 2, 3 or 4.
(3) $1.00 per month for each year of service attained by said deceased member or deceased retiree plus $3.00 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement, reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
(Acts 1990, No. 90-522, p. 759, §2.)
There is hereby provided, commencing October 1, 1990, to each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 or 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1989, and to certain beneficiaries of deceased members and deceased retirees of such employers, provided the effective date of retirement or death for such deceased retiree or deceased member for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1989, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:
(1) $.50 per month for each year of service attained by said retiree plus $1.50 per month for each year of retirement attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.
(2) $.50 per month for each year of service attained by said retiree plus $1.50 per month for each year of retirement attained by said retiree reduced by the retiree’s option selection factor for each retiree selecting Option 2, 3 or 4.
(3) $.50 per month for each year of service attained by said deceased member or deceased retiree plus $1.50 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement, reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
(Acts 1990, No. 90-522, p. 759, §3.)
The survivor allowance shall be adjusted as provided in Section 36-27-87(3) for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of such retiree.
(Acts 1990, No. 90-522, p. 759, §4.)
(a) The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-87 and 36-27-89 and shall notify the chief fiscal officer of each employer the percentum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in Sections 36-27-87 and 36-27-89 in the same manner and from the same source of funds as provided in Sections 36-27-24 and 36-27-7, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-87 and 36-27-89 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(b) No person whose retirement is from a unit participating under Section 36-27-6 shall be entitled to the increased benefits provided in Section 36-27-88, unless such employer elects to come under the provision of said section. Any employer making such election must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this section at the beginning of any subsequent fiscal year and such employer shall not be required to pay said cost-of-living increase retroactively.
(Acts 1990, No. 90-522, p. 759, §5.)
Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided herein, shall not be entitled to receive said increase subsequent to the date that the member files application for benefits under the Medicaid program.
(Acts 1990, No. 90-522, p. 759, §6.)
The provisions of this act are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.
(Acts 1990, No. 90-522, p. 759, §7.)
(a) Commencing October 1, 1993, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1992, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase determined by computing the sum of the following three factors:
(1) One and twenty-eight hundredths percent of the individual’s current monthly benefit, including all previous increases.
(2) One dollar and twenty-eight cents for each year of creditable service in covered employment prior to retirement.
(3) One dollar and twenty-eight cents for each year since the effective date of retirement or the date of death in the case where the employee dies prior to retirement.
Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected.
(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1992, shall receive the cost-of-living increase in the amount attained by the retiree reduced by the retiree’s option election factor.
(Acts 1993, No. 93-604, p. 984, §1.)
(a) Commencing October 1, 1993, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1992, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the formula used in Section 36-27-94, if the employer elects to come under this article. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected. Any employer making the election to come under this article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at the beginning of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively.
(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6 shall receive the same cost-of-living increase provided in Section 36-27-94, reduced by the retiree’s option factor.
(Acts 1993, No. 93-604, p. 984, §2.)
Commencing October 1, 1993, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1992, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase in the amount of one half the amount provided by the formula in Section 36-27-94. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the amount the retiree has attained using the formula provided in Section 36-27-94, reduced by the retiree’s option election factor.
(Acts 1993, No. 93-604, p. 984, §3.)
(a) The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-94 and 36-27-96 of this article, and shall notify the chief fiscal officer of each employer the percentum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-94 and 36-27-96 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-94 and 36-27-96 of this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(b) The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation on May 13, 1993, that the cost-of-living increases provided by this article and Sections 36-27-87 through 36-27-93, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
(Acts 1993, No. 93-604, p. 984, §§4, 5.)
(a) Any pensioner who retired from a city, town, county, or local board before the city, town, county, or local board became a member of the Employees’ Retirement System, and who is receiving a monthly benefit on May 13, 1993, administered by the Employees’ Retirement System, may receive an increase in benefits in the amount of $60 per month if the city, town, county, or local board elects to fund the increase, provided the pensioner retired prior to October 1, 1992. For purposes of this section, a pensioner is a retiree who earned retirement in any public pension plan created by the Legislature or a political subdivision.
(b) Any annuitant who retired from a city, town, county, or local board before the city, town, county, or local board became a member of the Employees’ Retirement System, and who is receiving a monthly benefit on May 13, 1993, administered by the Employees’ Retirement System, may receive $30 per month if the city, town, county, or local board elects to fund the increase.
(c) Any city, county, or local board affiliated with the Employees’ Retirement System on October 1, 1993, may provide the cost-of-living increase pursuant to this article to any retiree or beneficiary who retired prior to October 1, 1992, if the local unit elects to fund the increase.
(Acts 1993, No. 93-604, p. 984, §§6-8.)
Any person who received benefits under the Medicaid Program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who subsequently applies for benefits under the Medicaid Program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid Program.
(Acts 1993, No. 93-604, p. 984, §9.)
The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in direct conflict or inconsistent with this article are repealed to the extent of the conflict.
(Acts 1993, No. 93-604, p. 984, §10.)
For the purpose of this article only the following words and phrases shall have the following meanings:
(1) LEGISLATURE. The House of Representatives, the state Senate, the Legislative Fiscal Office, and the Legislative Reference Service office of the State of Alabama.
(2) FULL TIME EMPLOYEE. Any person who has worked continuously for the House of Representatives, the state Senate, the Legislative Fiscal Office, or the Legislative Reference Service office of the State of Alabama for three or more continuous years.
(3) PART TIME EMPLOYEE. Any person who has worked a minimum of 80 percent of the legislative sessions for a period of seven or more years, and who works a maximum of six months per year, for the House of Representatives, the state Senate, the Legislative Fiscal Office, or the Legislative Reference Service office of the State of Alabama.
(Acts 1989, No. 89-800, p. 1600, §1.)
Each part time employee of the Legislature of Alabama who is eligible and has elected to participate in the State of Alabama Employees’ Retirement System shall be eligible to pay into the State of Alabama Employees’ Retirement System up to one half or 50 percent of the amount of money the part time employee has previously contributed into the fund. Upon paying up to one half or 50 percent of the money the part time employee has previously contributed into the State of Alabama Employees’ Retirement Fund, the legislative employee shall receive a credit proportional to his or her payment of up to one half or 50 percent in addition [additional] retirement credit in years and months from the State of Alabama Employees’ Retirement System. Any employee may elect to pay an amount into the state Employees’ Retirement Fund of less than 50 percent or one half of his or her total part time retirement contribution previously paid and shall then receive a corresponding percentage credit in years and months of service towards retirement.
(Acts 1989, No. 89-800, p. 1600, §2.)
The election to purchase additional retirement time in Section 36-27-101 shall be restricted only to previous part time employment in the Legislature. The election to purchase additional retirement time shall be restricted to part time employees or present full time employees who were previously part time employees who are now presently employed by the Legislature. The eligible legislative employee shall purchase such time by paying the additional amount he would have contributed had he been allowed to do so when the service was rendered. The contributions made under Sections 36-27-101 and 36-27-103 and this section shall be made by June 1, 1990.
(Acts 1989, No. 89-800, p. 1600, §3.)
Any part time legislative employee who qualifies and chooses to pay into the State of Alabama Employees’ Retirement System, beginning with the Regular Session of the Legislature of Alabama in 1989, may choose to pay an additional 50 percent into the State of Alabama Employees’ Retirement System and receive an additional 50 percent credit in months of employment to his or her credit, towards retirement.
(Acts 1989, No. 89-800, p. 1600, §4.)
(a) Commencing October 1, 1994, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1994, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase of not less than twenty-five dollars ($25) per month and the increase shall be more if determined by computing the sum of the following three factors:
(1) Two and one-half (2.5) percent of the individual’s current gross monthly benefit, including all previous increases.
(2) One dollar and fifty cents ($1.50) for each year of creditable service in covered employment prior to retirement.
(3) One dollar ($1) for each year since the effective date of retirement or the date of death in the case where the employee dies prior to retirement.
Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the designated beneficiary under the option is deceased on October 1, 1994, in which case the increase shall not be reduced.
(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1994, shall receive the cost-of-living increase in the amount attained by the retiree reduced by the retiree’s option election factor but the reduction shall not make the increase less than twenty-five dollars ($25) per month.
(Acts 1994, No. 94-232, p. 317, §1.)
(a) Commencing October 1, 1994, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1994, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the formula used in Section 36-27-120, if the employer elects to come under this article. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the designated beneficiary under the option is deceased on October 1, 1994, in which case the increase shall not be reduced. Any employer making the election to come under the article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at the beginning of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively.
(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-120, reduced by the retiree’s option factor but the reduction shall not make the increase less than twenty-five dollars ($25) per month.
(Acts 1994, No. 94-232, p. 317, §2; Acts 1994, 1st Ex. Sess., No. 94-768, p. 52, §1.)
Commencing October 1, 1994, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1994, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase in the amount of one half the amount provided by the formula in Section 36-27-120. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the designated beneficiary under the option is deceased on October 1, 1994, in which case the increase shall not be reduced. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the increase the retiree has attained using the formula provided in Section 36-27-120, reduced by the retiree’s option election factor.
(Acts 1994, No. 94-232, p. 317, §3.)
The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-120 and 36-27-122, and shall notify the chief fiscal officer of each employer of the percentum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-120 and 36-27-122 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-120 and 36-27-122 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(Acts 1994, No. 94-232, p. 317, §4.)
The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation on March 18, 1994 that the cost-of-living increases provided by this article and Article 3A of this chapter, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
(Acts 1994, No. 94-232, p. 317, §5.)
(a) Any pensioner or beneficiary who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit on October 1, 1994 administered by the Employees’ Retirement System, may receive an increase in benefits in the amount of not less than sixty dollars ($60) nor more than one hundred dollars ($100) per month if the city, town, county, or public or quasi-public organization of the state elects to fund the increase, provided the pensioner retired prior to October 1, 1994.
(b) Notwithstanding subsection (a), any pensioner or annuitant of a city, town, county, or public or quasi-public organization who receives his or her monthly benefit from a source other than the Employees’ Retirement System may receive an increase in the benefit of sixty dollars ($60) per month if the city, town, county, or public or quasi-public organization elects to fund the increase. Whether the aforementioned employer entity began participating in the Employees’ Retirement System before or after the pensioner retired from service shall have no effect on the foregoing provision of this subsection.
(Acts 1994, No. 94-232, p. 317, §6; Acts 1994, 1st Ex. Sess., No. 94-768, p. 52, §2; Acts 1996, No. 96-789, p. 1468, §1.)
Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees’ Retirement System on October 1, 1994, may provide the cost-of-living increase pursuant to this article to any retiree or beneficiary who retired prior to October 1, 1994, if the local administrative unit elects to fund the increase.
(Acts 1994, No. 94-232, p. 317, §7.)
Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
(Acts 1994, No. 94-232, p. 317, §8.)
The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in direct conflict or inconsistent with this article are repealed to the extent of the conflict.
(Acts 1994, No. 94-232, p. 317, §9.)
Commencing October 1, 1996, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1996, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, and certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living increase of not less than twenty-five dollars ($25) per month and the increase shall be more if determined as follows:
(1) Two percent (2%) of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.
(2) One dollar ($1) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or Option one.
(3) One dollar ($1) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting Options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1996, in which case the increase shall not be reduced.
(4) One dollar ($1) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.
(Acts 1996, No. 96-572, p. 874, §5.)
Commencing October 1, 1996, each person whose employer participates in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1996, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, and certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System, shall receive a cost-of-living increase of not less than twenty-five dollars ($25) per month and the increase shall be more if determined by the formula used in Section 36-27-130. Any employer may elect by July 1, 1997, to discontinue the cost-of-living increases paid to its retired employees and certain beneficiaries pursuant to this section effective October 1, 1997. Any employer participating under Section 36-27-6, may elect to come under this article at the beginning of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively.
(Acts 1996, No. 96-572, p. 874, §6.)
Commencing October 1, 1996, each person whose employer participates in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1996, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, and certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System, shall receive a cost-of-living increase of not less than twelve dollars and fifty cents ($12.50) per month and the increase shall be more if determined as follows:
(1) Two percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.
(2) Fifty cents ($.50) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or Option one.
(3) Fifty cents ($.50) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting Options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1996, in which case the increase shall not be reduced.
(4) Fifty cents ($.50) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.
(Acts 1996, No. 96-572, p. 874, §7; Acts 1997, No. 97-706, p. 1457, §1.)
The cost-of-living increase granted to certain retired persons under the Employees’ Retirement System by this article may be financed, if possible, from existing funds of the Employees’ Retirement System subject to the following provisions and conditions:
(1) If the actuary for the Employees’ Retirement System finds that the cost-of-living increase can be paid for the 1996-97 fiscal year from existing funds of the system without having a serious adverse actuarial impact on the system, beginning October 1, 1996, the Board of Control of the system may pay the cost-of-living increase provided in this article. It is the intent of this article as pertains to funding similar increases in the future, that the funding thereof shall be in accordance with the actuarial soundness requirements of Section 36-27-26. If the actuarial estimate of the cost involved in funding the cost-of-living increase provided by this article, as required by Section 36-27-26, is not received by October 1, 1996, but satisfies the above actuarial soundness condition when it is received during the 1996-97 fiscal year, then the cost-of-living increase shall be paid retroactively to October 1, 1996.
(2) If the conditions in subdivision (1) are not met, the cost-of-living increase shall be paid beginning October 1, 1997, and the cost of this benefit shall be included in the amount certified by the Board of Control to be contributed by the state under Sections 16-25-21 or 36-27-24 or any other applicable law. The provisions of this subdivision shall govern and override any seeming or actual conflicts with other provisions of this section.
(Acts 1996, No. 96-572, p. 874, §8.)
The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation on October 1, 1996 that the cost-of-living increases provided by this article and Act No. 93-604, 1993 Regular Session, and Act No. 94-232, 1994 Regular Session, as amended by Act No. 94-768, 1994 Special Session, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
(Acts 1996, No. 96-572, p. 874, §9.)
Commencing October 1, 1996, any pensioner who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 1996 administered by the Employees’ Retirement System, may receive an increase in benefits in the amount of thirty dollars ($30) per month if the monthly benefit is five hundred dollars ($500) or less; forty-five dollars ($45) per month if the monthly benefit is more than five hundred dollars ($500) but less than one thousand dollars ($1,000); sixty dollars ($60) per month if the monthly benefit is more than one thousand dollars ($1,000) but less than two thousand dollars ($2,000); seventy-five dollars ($75) per month if the monthly benefit is two thousand dollars ($2,000) or more if the city, town, county, or public or quasi-public organization of the state elects to fund the increase, provided the pensioner retired prior to October 1, 1996.
(Acts 1996, No. 96-572, p. 874, §10.)
Commencing October 1, 1996, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by the Employees’ Retirement System shall receive a monthly increase of fifty dollars ($50) provided the local public board elects to fund the increase. All other beneficiaries of Employees’ Retirement System pensioners shall receive an increase of twenty-five dollars ($25) per month provided the local units elect to fund the increase.
(Acts 1996, No. 96-572, p. 874, §11.)
Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees’ Retirement System on October 1, 1996, may provide the cost-of-living increase pursuant to this article to any retiree or beneficiary who retired prior to such entities participation in the Employees’ Retirement System if the local administrative unit elects to fund the increase.
(Acts 1996, No. 96-572, p. 874, §12.)
Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
(Acts 1996, No. 96-572, p. 874, §13.)
Commencing October 1, 1996, any pensioner or annuitant who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive a fifty dollar ($50) per month increase provided the city, town, county, or public or quasi-public organization of the state elects to fund the increase provided the pensioner retired prior to October 1, 1996.
(Acts 1996, No. 96-572, p. 874, §14.)
(a) Commencing October 1, 1998, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1998, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase of not less than thirty dollars ($30) per month and the increase shall be more if determined by computing the sum of the following two factors:
(1) Four percent of the individual’s current gross monthly benefit, including all previous increases.
(2) Two dollars ($2) for each year of creditable service in covered employment prior to retirement.
Retirees who chose Option 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the designated beneficiary under the option is deceased on July 1, 1998, in which case the increase shall not be reduced.
(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1998, shall receive the cost-of-living increase in the amount attained by the retiree reduced by the retiree’s option election factor but the reduction shall not make the increase less than thirty dollars ($30) per month.
(Act 98-272, p. 446, §1.)
(a) Commencing October 1, 1998, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to July 1, 1998, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the formula used in Section 36-27-140, if the employer elects to come under this article. Retirees who chose Option 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the beneficiary under the option selected is deceased on July 1, 1998, in which case the increase shall not be reduced. Any employer making the election to come under this article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at anytime and have the article become effective on October 1, 1998, or on October 1 of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively unless the employer elects to fund the increase.
(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-140, reduced by the retiree’s option factor but the reduction shall not make the increase less than thirty dollars ($30) per month.
(Act 98-272, p. 446, §2.)
Commencing October 1, 1998, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to July 1, 1998, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase in the amount of one half the amount of the years of service factor and the full amount (four percent) of the current gross benefit factor of the formula in Section 36-27-140. Retirees who chose Option 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the designated beneficiary under the option is deceased on July 1, 1998, in which case the increase shall not be reduced. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the increase the retiree has attained using the formula provided in Section 36-27-140 as modified by this section, reduced by the retiree’s option election factor. No retiree or beneficiary of this class shall receive a benefit increase of less than twenty dollars ($20) per month.
(Act 98-272, p. 446, §3.)
The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-140 and 36-27-142, and shall notify the chief fiscal officer of each employer of the percentum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-140 and 36-27-142 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-140 and 36-27-142 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(Act 98-272, p. 446, §4.)
The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation on April 10, 1998, that the cost-of-living increases provided by this article and Acts 96-572, 1996 Regular Session, 94-232, 1994 Regular Session, as amended by 94-768 of the 1994 First Special Session, and 93-604, 1993 Regular Session, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
(Act 98-272, p. 446, §5.)
(a) Commencing October 1, 1998, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 1998, administered by the Employees’ Retirement System, and whose years of creditable service has not been made known to the Employees’ Retirement System, may receive an increase in benefits in the amount of sixty dollars ($60) per month if the monthly benefit is five hundred dollars ($500) or less; ninety dollars ($90) per month if the monthly benefit is more than five hundred dollars ($500) but less than one thousand dollars ($1,000); one hundred twenty dollars ($120) per month if the monthly benefit is more than one thousand dollars ($1,000) but less than fifteen hundred dollars ($1,500); one hundred fifty dollars ($150) per month if the monthly benefit is more than one thousand five hundred dollars ($1,500) but less than two thousand dollars ($2,000); one hundred eighty dollars ($180) per month if the monthly benefit is two thousand dollars ($2,000) but less than two thousand five hundred dollars ($2,500); and two hundred ten dollars ($210) per month if the monthly benefit is more than twenty-five hundred dollars ($2,500), provided the retired employee retired prior to October 1, 1998, and the employer decides to come under the provisions of this article.
(b) Retired local public agency employees who retired prior to membership of the employer in the Employees’ Retirement System and whose creditable service records have been received by the Employees’ Retirement System shall receive an increase based on the formula in Section 36-27-140 provided the employer elects to fund the increase.
(Act 98-272, p. 446, §6.)
Commencing October 1, 1998, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by the Employees’ Retirement System shall receive a monthly increase of sixty-five dollars ($65) provided the local public board elects to fund the increase. All other beneficiaries of Employees’ Retirement System pensioners shall receive an increase of thirty dollars ($30) per month provided the local units elect to fund the increase.
(Act 98-272, p. 446, §7.)
Commencing October 1, 1998, any pensioner or annuitant who retired prior to October 1, 1998, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive a fifty dollar ($50) per month increase provided the city, town, county, or public or quasi-public organization of the state elects to fund the increase provided the pensioner retired prior to October 1, 1998.
(Act 98-272, p. 446, §8.)
Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees’ Retirement System on October 1, 1998, may provide the cost-of-living increase pursuant to this article to any retiree or beneficiary who retired prior to July 1, 1998, if the local administrative unit elects to fund the increase.
(Act 98-272, p. 446, §9.)
Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
(Act 98-272, p. 446, §10.)
(a) Commencing October 1, 2000, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2000, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase of four percent in their gross monthly benefit, but not less than twenty-five dollars ($25) per month.
(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 2000, shall receive the cost-of-living increase in the amount attained by the retiree. The increase shall not be less than twenty-five dollars ($25) per month.
(Act 2000-809, p. 1921, §1.)
(a) Commencing October 1, 2000, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to July 1, 2000, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the provisions used in Section 36-27-150, if the employer elects to come under this article. Any employer making the election to come under this article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under the article at anytime and have this article become effective on October 1, 2000, or on October 1 of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively unless the employer elects to fund the increase.
(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-150, but the increase shall not be less than twenty-five dollars ($25) per month.
(Act 2000-809, p. 1921, §2.)
Commencing October 1, 2000, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to July 1, 2000, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase as described in Section 36-27-150. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the increase the retiree has attained under the provisions in Section 36-27-150. No retiree or beneficiary of this class shall receive a benefit increase of less than twenty-five dollars ($25) per month.
(Act 2000-809, p. 1921, §3.)
The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-150 and 36-27-152, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-150 and 36-27-152 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-150 and 36-27-152 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(Act 2000-809, p. 1921, § 4.)
The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation before May 25, 2000 that the cost-of-living increases provided by this article and Acts 98-272, 1998 Regular Session, 96-572, 1996 Regular Session, 94-232, 1994 Regular Session, as amended by 94-768 of the 1994 First Special Session, and 93-604, 1993 Regular Session, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
(Act 2000-809, p. 1921, § 5.)
(a) Commencing October 1, 2000, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2000, administered by the Employees’ Retirement System, and whose years of creditable service has not been made known to the Employees’ Retirement System, may receive an increase in benefits of four percent, except that no pensioner shall receive an increase of less than twenty-five dollars ($25) per month, provided the retired employee retired prior to October 1, 2000, and the employer decides to come under the provisions of this article.
(b) Retired local public agency employees who retired prior to membership of the employer in the Employees’ Retirement System and whose creditable service records have been received by the Employees’ Retirement System shall receive an increase as provided for in Section 36-27-150 if the employer elects to fund the increase.
(Act 2000-809, p. 1921, § 6.)
Commencing October 1, 2000, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by the Employees’ Retirement System shall receive a monthly increase of thirty-five dollars ($35) provided the local public board elects to fund the increase. All other beneficiaries of Employees’ Retirement System pensioners shall receive an increase of twenty-five dollars ($25) per month provided the local units elect to fund the increase.
(Act 2000-809, p. 1921, § 7.)
Commencing October 1, 2000, any pensioner or annuitant who retired prior to October 1, 2000, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive a twenty-five dollar ($25) per month increase provided the city, town, county, or public or quasi-public organization of the state elects to fund the increase.
(Act 2000-809, p. 1921, § 8.)
(a) Any city-county-public agency employee eligible for retirement, who retires after July 1, 2000, and before October 1, 2000, shall be eligible to receive the aforementioned increase at the option of the appropriate local government or public agency. The local government or public agency may provide for the increase to become effective on October 1, 2000, or any October 1 thereafter, provided the local government or public agency has approved the increase for retirees and beneficiaries of record on the first of July 2000.
(b) The Employees’ Retirement System may notify the appropriate local government or agency regarding the names and costs of granting the increase to their employees who retire after July 1 and before October 1, 2000.
(Act 2000-809, p. 1921, § 9.)
Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees’ Retirement System on October 1, 2000, may provide the cost-of-living increase pursuant to this article to any retiree or beneficiary who retired prior to July 1, 2000, if the local administrative unit elects to fund the increase.
(Act 2000-809, p. 1921, § 10.)
Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the aforementioned increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
(Act 2000-809, p. 1921, § 12.)
The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in direct conflict or inconsistent with this article are repealed to the extent of the conflict.
(Act 2000-809, p. 1921, § 13.)
(a) As governed by this subsection, there exists as a part of this retirement system, an optional account known as the Deferred Retirement Option Plan, which may be cited as “DROP.” The purpose of DROP is to allow, contractually, in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued employment for a specific period of time, coupled with the deferral of receipt of a retirement allowance until the end of such period of participation, at which time the member shall withdraw from service.
(b) Participation in DROP is an option available to any member of this retirement system who meets all of the following:
(1) Has at least 25 years of creditable service exclusive of sick leave.
(2) Is at least 55 years of age, or in the case of a state police member, is at least 52 years of age.
(3) Is eligible for service retirement.
(c) An election to participate in DROP may be made in one year increments not to exceed five years, nor to be less than three years. A member may participate in DROP only one time. Any voluntary termination within the first three years in DROP will result in a forfeiture of a portion of his or her DROP account that constitutes the retirement allowance. However, member contributions will not be forfeited nor will any interest attributable to the retirement allowance. There will be no forfeiture if the participation period is interrupted due to an involuntary dismissal, disability, involuntary transfer of his or her spouse, or death of the participant.
(d) A member who chooses to participate in DROP may elect an option allowance set out for members of the Employees’ Retirement System in subsection (d) of Section 36-27-16 at the beginning of the participation period. Otherwise, he or she shall receive the maximum benefit. Such election shall be irrevocable once the participation period begins except as otherwise provided in this chapter.
(e) For purposes of DROP, sick leave may not be converted for purposes of establishing retirement eligibility, nor used in the calculation of the original retirement allowance except as provided in Section 36-27-171. A person electing to enter the DROP program is not eligible for a lump-sum payment for any annual or sick leave until withdrawal from service.
(f) The election to participate in DROP shall be made in accordance with procedures set forth in a uniform and nondiscriminatory election and application form adopted by the Board of Control. The election to participate in DROP may be made at any time on or after the date the member becomes eligible to participate as set out in subsection (b). Such application must be made at least 30 days, but not more than 90 days, before the effective date of participation in DROP, and shall be made no later than March 24, 2011. A member must be eligible to participate, as provided above, at the time the application is made.
(g) Upon the effective date of the commencement in DROP, the member’s service shall remain as it existed on that date for the duration of DROP. Once a member enters DROP, service credit purchases are prohibited. Both the employer and employee member contribution shall continue to be made. The monthly retirement allowance that would have been payable, had the person elected to withdraw from service and receive a retirement allowance, shall be paid into a DROP account that reflects the credits attributed to the person in DROP. However, the monies shall remain a part of the regular retirement fund until disbursed to the participating member in accordance with this section. Any monies paid into this account are subject to the exemptions set out in Section 36-27-28.
(h)(1) The DROP account shall earn interest at the same rate that interest is posted to active member accounts as defined in subdivision (12) of Section 36-27-1. A person who participates in this plan shall not be eligible to receive a retiree cost-of-living increase while participating in DROP, and shall not be eligible for a retiree cost-of-living increase until participation in the plan ceases and he or she withdraws from service and has been receiving a retirement allowance for at least one full year.
(2) Notwithstanding any other provision of this chapter, for any member who has fulfilled his or her obligation under DROP and does not withdraw from service and any member who begins participation in DROP on or before April 1, 2011, and fulfills his or her obligation under DROP and does not withdraw from service, the amount of interest payable on benefit deposits after March 24, 2011, shall be the lesser of (1) the investment performance of the immediately preceding fiscal year but no less than $0, or (2) as provided in subdivision (1) of subsection (d) of Section 36-27-171.
(i) DROP shall not be subject to any fees, charges, or other similar expenses of any kind for any purpose.
(j) Participation in DROP shall not affect the rights of any state employee under the state personnel system, including, but not limited to, his or her rights to longevity pay.
(k) Participation in DROP shall not affect the accrual of annual and sick leave by the participant.
(l) Participants in DROP may receive salary cost-of-living adjustments and salary increases.
(Act 2002-23, p. 31, §2; Act 2011-27, p. 118, §1.)
(a) On withdrawing from service pursuant to Section 36-27-16, a member who participated in DROP:
(1) Who fulfilled his or her contractual obligation pursuant to DROP shall receive a lump-sum payment from his or her DROP account equal to the payments made to that account on his or her behalf plus interest. Further, the member shall receive his or her accumulated contribution made during participation in DROP, together with interest for the period of DROP participation as provided in subdivision (1) of subsection (c) of Section 36-27-16. In lieu of a lump-sum payment from the DROP account, to the extent eligible under applicable tax laws, the member’s total accrued benefit may be “rolled over” directly to the custodian of an eligible retirement plan. The member shall also begin receiving his or her monthly benefit which had been paid directly into the DROP account during his or her participation in DROP. However, if applicable laws allow, the monthly benefit may be recalculated prospectively to reflect accrued sick leave as credit for retirement purposes. If applicable laws allow, the participant may elect to be paid for his or her sick leave as would any other member upon retirement. In no event can the number of sick leave days used for either calculation be greater than the number of days the participant had on entry into DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.
(2) Who did not fulfill his or her obligation under DROP due to involuntary termination, disability, or involuntary transfer of his or her spouse, shall receive a lump-sum payment from his or her DROP account equal to the payments made to that account on his or her behalf plus interest. Further, the member shall receive his or her accumulated contribution made during participation in DROP, together with interest for the period of DROP participation as provided in subdivision (1) of subsection (c) of Section 36-27-16. In lieu of a lump-sum payment from the DROP account to the extent eligible under applicable tax laws, the member’s total accrued benefit may be “rolled over” directly to the custodian of an eligible retirement plan. The member shall also begin receiving his or her monthly benefit which had been paid into the DROP account during his or her participation in DROP. However, if applicable laws allow, the monthly benefit may be recalculated prospectively to reflect accrued sick leave as credit for retirement purposes. If applicable laws allow, the participant may elect to be paid for his or her sick leave as would any other member upon retirement. In no event can the number of sick leave days used for either calculation be greater than the number of days the participant had on entry into DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.
(3) Who did not fulfill his or her obligation under DROP due to voluntary termination within the first three years of participation shall forfeit a portion of his or her DROP account that constitutes the retirement allowance. The member will be entitled to a return of his or her member contributions made during his or her participation in DROP as well as any interest attributable to the retirement allowance. However, following termination of employment, the member shall begin receiving his or her monthly benefit which had been paid directly into the DROP account during his or her participation in DROP. However, if applicable laws allow, the monthly benefit may be recalculated prospectively to reflect accrued sick leave as credit for retirement purposes. If applicable laws allow, the participant may elect to be paid for his or her sick leave as would any other member upon retirement. In no event can the number of sick leave days used for either calculation be greater than the number of days the participant had on entry into DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.
(b) If a participant dies during the period of participation in DROP, a lump-sum payment equal to the payments made to the DROP account on his or her behalf plus interest shall be paid to his or her named beneficiary or, if none, to his or her estate. Further, the beneficiary of the estate shall be entitled to a return of the member’s contribution made during his or her participation in DROP together with interest for the period of DROP participation as provided in subdivision (1) of subsection (c) of Section 36-27-16. However, death benefits payable pursuant to subsection (c) of Section 36-27-16 or Section 36-27B-3 shall not be applicable. Where there is a beneficiary who would be entitled to an ongoing monthly benefit, if applicable laws allow, the monthly benefit may be recalculated prospectively to reflect accrued sick leave as credit for retirement purposes. If applicable laws allow, the beneficiary may elect to be paid for the deceased member’s sick leave as would any other member upon retirement. In no event can the number of sick leave days used for either calculation be greater than the number of days the participant had on entry into DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.
(c) At the end of the specified period for DROP:
(1) Payments into the DROP account made on behalf of the member shall cease.
(2) Payment from the DROP account shall not be made to the member until he or she withdraws from service, nor shall the monthly retirement allowance being paid into the DROP account during the period of participation be payable to the member until he or she withdraws from service pursuant to Section 36-27-16. However, if applicable laws allow, the monthly benefit may be recalculated prospectively to reflect accrued sick leave as credit for retirement purposes. If applicable laws allow, the participant may elect to be paid for his or her sick leave as would any other member upon retirement. In no event can the number of sick leave days used for either calculation be greater than the number of days the participant had on entry into DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.
(3) If the member does not withdraw from service after the period specified for participation in DROP, he or she shall resume active contributing membership in the system for the purpose of earning creditable service. Under no circumstance will any time spent participating in DROP be eligible to constitute service credit in any Alabama public supported retirement system.
(d)(1) Upon a future withdrawal from service, the member shall receive a lump-sum payment from his or her DROP account equal to the payments made to that account on his or her behalf plus interest. Further, the beneficiary of the estate shall be entitled to a return of the member’s contribution made during his or her participation in DROP together with interest for the period of DROP participation as provided in subdivision (1) of subsection (c) of Section 36-27-16. In lieu of a lump-sum payment from the DROP account, to the extent eligible under applicable tax laws, the member’s total accrued benefit may be “rolled over” directly to the custodian of an eligible retirement plan.
(2) Upon withdrawal from service, the monthly retirement allowance that was being originally paid into the DROP account shall begin to be paid to the member. However, if applicable laws allow, the monthly benefit may be recalculated prospectively to reflect accrued sick leave as credit for retirement purposes. If applicable laws allow, the participant may elect to be paid for his or her sick leave as would any other member upon retirement. In no event can the number of sick leave days used for either calculation be greater than the number of days the participant had on entry into DROP. The member is not allowed to change the option allowance chosen at the beginning of DROP participation.
(3) Upon withdrawal from service, the member shall receive an additional retirement benefit based on his or her additional service rendered to the system since termination of participating in DROP, using the normal method of computation of benefit for that period only. This additional service shall not be added to any service prior to his or her participation in DROP. The member’s average compensation for that time worked after the participation in DROP shall be multiplied by the appropriate benefit factor multiplied by the amount of time worked after the participation in DROP. Under no circumstances is this service to be combined with service prior to participation in DROP.
(4) The option used for retirement purposes shall be that applicable to the original benefit.
(5) If the member dies or becomes disabled during the period of additional service, he or she shall be considered as having retired on the date of death or commencement of disability. However, no death benefits pursuant to subsection (c) of Section 36-27-16 or Section 36-27B-3 will be applicable.
(Act 2002-23, p. 31, §2.)
At no time shall any provision or implementation of such provision pertaining to DROP be contrary to the rules and regulations of the federal law governing governmental plans. DROP is intended to operate in accordance with Section 415 and other applicable sections of the United States Internal Revenue Code. Any provision herein found in conflict with an applicable provision of the Internal Revenue Code shall be null and void. The Employees’ Board of Control is hereby authorized to interpret this article so as to achieve compliance with any applicable provisions of the United States Internal Revenue Code.
(Act 2002-23, p. 31, §2.)
This article shall not apply to any unit participating pursuant to Section 36-27-6, unless the governing body of such employer shall agree to come under this section and assume any costs associated with implementation of the DROP program. When such a unit exercises an option to participate in the DROP program, the option shall be irreversible.
(Act 2002-23, p. 31, §2.)
Notwithstanding the foregoing provisions of this article or any other laws to the contrary, no employer whose employees are covered under the Employees’ Retirement System shall offer any incentives of value including, but not limited to, monetary payments, prepayment of health insurance, or extraordinary payments for accrued leave, contingent on the member applying for or electing to participate in DROP. This provision shall not apply to regular payments for leave or contributions toward health insurance, but shall serve to prevent any extraordinary benefits or incentives offered during a limited time period solely for the purpose of enticing employees to elect to participate in DROP.
(Act 2002-23, p. 31, §4.)
Any member of the Employees’ Retirement System who has participated in DROP and withdraws from service under Section 36-27-171 is not eligible to be restored to active service pursuant to subsection (e) of Section 36-27-16 or subsection (f) of Section 16-25-4. Rather, the employee shall be restored to active service pursuant to subdivision (3) of subsection (c) and subdivision (3) of subsection (d) of Section 36-27-171.
(Act 2002-23, p. 31, §6.)
(a) Commencing October 1, 2002, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2001, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase of three percent in their gross monthly benefit, but not less than fifteen dollars ($15) per month.
(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 2001, shall receive the cost-of-living increase in the amount attained by the retiree. In no case shall the cost-of-living increase be less than fifteen dollars ($15) per month.
(Act 2002-393, p. 986, §1.)
(a) Commencing October 1, 2002, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2001, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the provisions used in Section 36-27-180, if the employer elects to come under this article. Any employer making the election to come under the article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at any time and have the article become effective on October 1, 2002, or on October 1 of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively unless the employer elects to fund the increase.
(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-180, but not less than fifteen dollars ($15) per month.
(Act 2002-393, p. 986, §2.)
Commencing October 1, 2002, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2001, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase as described in Section 36-27-180. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the increase the retiree has attained under the provisions in Section 36-27-180. In no case shall the COLA be less than fifteen dollars ($15) per month.
(Act 2002-393, p. 986, §3.)
The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-180 and 36-27-182, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-180 and 36-27-182 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-180 and 36-27-182 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
(Act 2002-393, p. 986, §4.)
(a) Commencing October 1, 2002, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2002, administered by the Employees’ Retirement System, and whose years of creditable service have not been made known to the Employees’ Retirement System, may receive an increase in benefits of three percent except that no pensioner shall receive an increase of less than fifteen dollars ($15) per month, provided the retired employee retired prior to October 1, 2001, and the employer elects to come under the provisions of this article.
(b) Retired local public agency employees who retired prior to membership of the employer in the Employees’ Retirement System and whose creditable service records have been received by the Employees’ Retirement System shall receive an increase as provided for in Section 36-27-180 if the employer elects to fund the increase.
(Act 2002-393, p. 986, §5.)
Commencing October 1, 2002, beneficiaries of Employees’ Retirement System pensioners shall receive an increase of three percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the date of death for the deceased pensioner, or the effective date of retirement for the deceased pensioner was prior to October 1, 2001, and the local units elect to fund the increase.
(Act 2002-393, p. 986, §6.)
Commencing October 1, 2002, any pensioner or annuitant who retired prior to October 1, 2001, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive an increase of three percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the city, town, county, or public or quasi-public organization of the state elects to fund the increase.
(Act 2002-393, p. 986, §7.)
Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the aforementioned increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
(Act 2002-393, p. 986, §8.)
(a) Commencing October 1, 2005, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2004, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase of four percent in their gross monthly benefit, but not less than fifteen dollars ($15) per month.
(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 2004, shall receive a cost-of-living increase of four percent in their gross monthly benefit, but not less than fifteen dollars ($15) per month.
(Act 2005-316, 1st Sp. Sess., p. 766, §5.)
(a) Commencing October 1, 2005, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2004, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the provisions used in Section 36-27-190, if the employer elects to come under this article. Any employer making the election to come under the article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under this article at any time and have the article become effective on October 1, 2005, or on October 1 of any subsequent fiscal year, and the employer shall not be required to pay his or her cost-of-living increase retroactively unless the employer elects to fund the increase.
(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-190, but the increase shall not be less than fifteen dollars ($15) per month.
(Act 2005-316, 1st Sp. Sess., p. 766, §6.)
Commencing October 1, 2005, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2004, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase as described in Section 36-27-190. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall receive a cost-of-living increase of four percent in their gross monthly benefit, but not less than fifteen dollars ($15) per month.
(Act 2005-316, 1st Sp. Sess., p. 766, §7.)
The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-190 and 36-27-192, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-190 and 36-27-192 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-190 and 36-27-192 shall be determined from all funds in proportion to the salaries paid therefrom for active members.
(Act 2005-316, 1st Sp. Sess., p. 766, §8.)
(a) Commencing October 1, 2005, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2004, administered by the Employees’ Retirement System may receive an increase in benefits of four percent, except that no pensioner shall receive an increase of less than fifteen dollars ($15) per month, provided the retired employee retired prior to October 1, 2004, and the employer decides to come under the provisions of this article and fund the increase.
(b) Commencing October 1, 2005, beneficiaries of Employees’ Retirement System pensioners shall receive an increase of four percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the date of death for the deceased pensioner, or the effective date of retirement for the deceased pensioner was prior to October 1, 2004, and the local units elect to fund the increase.
(Act 2005-316, 1st Sp. Sess., p. 766, §9.)
Commencing October 1, 2005, any pensioner or annuitant who retired prior to October 1, 2004, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive an increase of four percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the city, town, county, or public or quasi-public organization of the state elects to fund and pay the increase.
(Act 2005-316, 1st Sp. Sess., p. 766, §10.)
The Board of Control of the Employees’ Retirement System shall make all reasonable efforts to notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation by August 4, 2005, that the cost-of-living increase provided for in Section 36-27-190 is available to their retirees and beneficiaries provided the employer elects to fund the increase.
(Act 2005-316, 1st Sp. Sess., p. 766, §11.)
Commencing October 1, 2005, there is provided an increase in benefits to certain persons identified in this section who are currently receiving benefits whose effective date of retirement was prior to October 1, 2004, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 2004, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living adjustment (COLA) of four percent of the current gross benefit. In no case shall the COLA be less than fifteen dollars ($15) per month. The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state-supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.
(Act 2005-316, 1st Sp. Sess., p. 766, §12.)
Any person who received benefits under the Medicaid Program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided to retirees and beneficiaries by this article shall not be entitled to receive the aforementioned increase. Any person who subsequently applies for benefits under the Medicaid Program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided to retirees and beneficiaries by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid Program.
(Act 2005-316, 1st Sp. Sess., p. 766, §13.)
(a) Commencing October 1, 2006, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2005, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive the cost-of-living increase of two percent in his or her gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit. The increase shall not be less than twenty-five dollars ($25) per month.
(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 2005, shall receive the cost-of-living increase of two percent in their gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit. The increase shall not be less than twenty-five dollars ($25) per month.
(Act 2006-510, p. 1179, §1.)
(a) Commencing October 1, 2006, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2005, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the provisions used in Section 36-27-200, if the employer elects to come under this article. Any employer making the election to come under the article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at any time and have the article become effective on October 1, 2006, or on October 1 of any subsequent fiscal year and the employer shall not be required to pay the cost-of-living increase retroactively unless the employer elects to fund the increase.
(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-200, but the increase shall not be less than twenty-five dollars ($25) per month.
(Act 2006-510, p. 1179, §2.)
Commencing October 1, 2006, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2005, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase as described in Section 36-27-200. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall receive the cost-of-living increase of two percent in their gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit. The increase shall not be less than twenty-five dollars ($25) per month.
(Act 2006-510, p. 1179, §3.)
The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-200 and 36-27-202, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-200 and 36-27-202 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-200 and 36-27-202 shall be determined from all funds in proportion to the salaries paid therefrom for active members.
(Act 2006-510, p. 1179, §4.)
(a) Commencing October 1, 2006, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2005, administered by the Employees’ Retirement System may receive the cost-of-living increase of two percent in his or her gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in his or her gross monthly benefit, except that no pensioner shall receive an increase of less than twenty-five dollars ($25) per month, provided the retired employee retired prior to October 1, 2005, and the employer decides to come under this article and fund the increase.
(b) Commencing October 1, 2006, beneficiaries of Employees’ Retirement System pensioners shall receive the cost-of-living increase of two percent in their gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit, except that the increase shall not be less than twenty-five dollars ($25) per month. The increases shall be granted provided that the date of death for the deceased pensioner, or the effective date of retirement for the deceased pensioner was prior to October 1, 2005, and the local units elect to fund the increase.
(Act 2006-510, p. 1179, §5.)
Commencing October 1, 2006, any pensioner or annuitant who retired prior to October 1, 2005, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive the cost-of-living increase of two percent in his or her gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in his or her gross monthly benefit. The increase shall not be less than twenty-five dollars ($25) per month. The increase shall be granted provided the city, town, county, or public or quasi-public organization of the state elects to fund and pay the increase.
(Act 2006-510, p. 1179, §6.)
The Board of Control of the Employees’ Retirement System shall make all reasonable efforts to notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation by October 1, 2006, that the cost-of-living increase provided for in Section 36-27-200 is available to his or her retirees and beneficiaries provided the employer elects to fund the increase.
(Act 2006-510, p. 1179, §7.)
Any person who received benefits under the Medicaid Program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the aforementioned increase. Any person who subsequently applies for benefits under the Medicaid Program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid Program.
(Act 2006-510, p. 1179, §8.)
Commencing October 1, 2006, there is provided an increase in benefits to certain persons identified in this section who are currently receiving benefits whose effective date of retirement was prior to October 1, 2005, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 2005, for purposes of receiving benefits from the Employees’ Retirement System shall receive the cost-of-living increase of two percent in their gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit. The increase shall not be less than twenty-five dollars ($25) per month. The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state-supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.
(Act 2006-510, p. 1179, §9.)
It is the intent of the Legislature to make available to the public employees and officials of the State of Alabama, or any political subdivision thereof, a public employees’ individual retirement account plan and/or any other tax avoidance or deferral plan permitted by federal law, so as to enable said persons to conveniently and economically receive the fullest benefits offered by federal tax law as it relates to tax deferred savings plans for public employees covered by a mandatory public retirement plan.
(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §1; Acts 1986, Ex. Sess., No. 86-685, p. 80, §1; Acts 1988, 1st Ex. Sess., No. 88-925, p. 535, §1.)
There is hereby created a fund or funds which shall be known collectively as the Public Employees’ Individual Retirement Account Fund (PEIRAF). The PEIRAF shall be administered by the Secretary-Treasurer of the Employees’ Retirement System under the supervision and direction of a board of control which shall be composed of members of the investment committees of the Teachers’ and Employees’ Retirement Systems of Alabama.
(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §2; Acts 1986, Ex. Sess., No. 86-685, p. 80, §2.)
The board of control is hereby empowered and authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this chapter, and to define terms, words and/or phrases incident thereto, provided such rules shall conform to the requirements of the Internal Revenue Code. The board of control may in its discretion adopt one or more tax deferred savings plans authorized by the federal government if it finds that doing so will offer substantial tax benefits to any segment of the public employees covered under the provisions of this chapter.
(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §3; Acts 1986, Ex. Sess., No. 86-685, p. 80, §3.)
All investments shall be made pursuant to the same authority and restrictions that govern the investment of funds of the retirement systems of Alabama.
(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §4; Acts 1991, No. 91-664, §1.)
The PEIRAF shall be available to all public employees in the State of Alabama who are members of the Teachers’ Retirement System, the Employees’ Retirement System or the Judicial Retirement Fund. In addition, any employee of an employer eligible to participate in the Employees’ Retirement System pursuant to the provisions of Section 36-27-6, or any public official or employee of the State of Alabama or any political subdivision thereof, shall be eligible to participate under the provisions of this chapter. Participation in this fund shall be on a strictly voluntary basis under such rules and regulations as shall be adopted by the board of control and in accordance with the provisions contained in the Internal Revenue Code as it relates to individual retirement accounts for public employees. Any person who shall become ineligible for participation in the PEIRAF due to the termination of his employment with an eligible employer may leave his contributions on account with the PEIRAF; however, no further contributions may be accepted on his account unless such person shall become reemployed by an eligible employer.
(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §5; Acts 1988, 1st Ex. Sess., No. 88-925, p. 535, §2.)
Contributions to the PEIRAF may be deducted from each participating employee’s compensation or retirement allowance and transmitted to the PEIRAF in accordance with any limitations imposed by federal tax law for any tax deferred savings plan offered pursuant to the provisions of this chapter and pursuant to such rules and regulations as shall be promulgated by the board.
(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §6; Acts 1986, Ex. Sess., No. 86-685, p. 80, §4.)
The administrative cost for the operation of the PEIRAF shall be provided from the expenses funds of the Employees’ Retirement System and the Teachers’ Retirement System. No additional state funds shall be used to administer the provisions of this chapter.
(Acts 1982, 2nd Ex. Sess., No. 82-776, p. 278, §7; Act 2001-1061, 4th Sp. Sess., p. 1058, §1.)
There shall be created the Preretirement Death Benefit Program effective October 1, 1985, which shall be effective as of that date to all employees covered under the Teachers’ Retirement System of Alabama and the Employees’ Retirement System of Alabama. Beginning November 8, 2016, the Preretirement Death Benefit Program shall be effective to all members of the Judges’ and Clerks’ Plan and the District Attorneys’ Plan provided for in Section 12-18-151 and Section 12-17-227.1. In the event the conditions prescribed in Section 36-27B-5 shall occur prior to October 1, 1985, the death benefit plan established herein shall become effective upon certification and adoption by a joint resolution of the Teachers’ and Employees’ Retirement Systems’ Boards of Control.
(Acts 1983, No. 83-616, p. 953, §1; 2015-498, §1.)
A separate fund to be known as the Preretirement Death Benefit Fund is hereby established within the Employees’ Retirement System of Alabama and the Teachers’ Retirement System of Alabama to be held in trust by the respective Boards of Control. Such fund shall consist of all moneys paid by the employers for preretirement death benefit purposes, and of the investment earnings upon such moneys, and shall be used only to pay the preretirement death benefits prescribed by Section 36-27B-3. Concurrent with the determination of the initial liability of this program for the fiscal year on and after the effective date of the program, there shall be transferred from the pension accumulation fund of each system to the fund created by this section such amounts, as shall be determined by the actuary, necessary to pay anticipated death benefit claims. Subsequent transfers shall be made if necessary to pay the benefits prescribed in Section 36-27B-3.
(Acts 1983, No. 83-616, p. 953, §2.)
Upon receipt of proof satisfactory to the respective Board of Control, of the death of a contributing member, in-service, who had completed at least one year of contributing membership service; or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership service, in lieu of the matching amount equal to the accumulated contributions of the member not to exceed $5,000.00 payable pursuant to the provisions of Section 36-27-16(c)(2), (3) and (4) or Section 16-25-14(g)(2), (3) and (4), there shall be paid a death benefit equal to the annual earnable compensation of the member as reported to the retirement systems for the preceding fiscal or scholastic year as the case may be; provided that in the event of the death of a contributing member to whom such benefit is payable who has completed less than one year of contributing membership service said benefits shall be equal to the annual earnable compensation of the member at the time his death occurs. For purposes of this section, a member shall be deemed to be in-service on the date of his death if his death occurs not more than 180 calendar days after the member’s last day in pay status, provided that he shall not have terminated employment, retired or made application for refund of his contributions.
(Acts 1983, No. 83-616, p. 953, §3; Acts 1988, No. 88-548, p. 849, §5.)
The Boards of Control are authorized to take such action as may be necessary to provide the death benefit under this section in the form of group life insurance upon determination that to do so would guarantee a more favorable tax treatment to the beneficiaries to whom such benefit is payable.
(Acts 1983, No. 616, p. 953, §4.)
Should the actuaries employed by the respective Boards of Control certify a decrease in the rate of employer contributions as set forth in subdivisions (3) and (5) of Section 16-25-21 and subsections (d) and (f) of Section 36-27-24, the Boards of Control may by joint resolution declare the provisions of this chapter to become effective on October 1 next following the adoption of said resolution. Amounts sufficient to fund the provisions of this chapter shall thereafter be made in the same manner as the regular appropriations to the Teachers’ and Employees’ Retirement Systems, and shall be deposited in the fund established in Section 36-27B-2.
(Acts 1983, No. 83-616, p. 953, §5.)
It is the intent of the Legislature to make available to participants a defined contribution plan as described in Section 401 of the Internal Revenue Code, so as to enable the participants to conveniently and economically receive the fullest benefits offered by federal tax law as it relates to qualified defined contribution savings plans for public employees covered by a mandatory defined benefit public employee savings plan and participating in voluntary supplemental deferred compensation or tax sheltered annuity plans under Internal Revenue Code Sections 457 and 403(b) respectively.
(Act 2001-704, p. 1562, §1.)
As used in this chapter, the following terms have the following meanings:
(1) BOARD. The Board of Control of the Public Employees Defined Contribution Savings Fund.
(2) ELIGIBLE EMPLOYER. An employer or other entity who compensates a participant for the public service.
(3) FUND. The Public Employees’ Defined Contribution Savings Fund.
(4) PARTICIPANT. A person who elects to participate in the fund who makes voluntary employee contributions into a 457 deferred compensation or a 403(b) tax sheltered annuity plan, who is not a public school employee and who meets any of the following requirements:
a. Is a member of the Teachers’ Retirement System.
b. Is a member of the Employees’ Retirement System.
c. Is a member of the Judicial Retirement Fund.
d. Is an employee of an employer eligible to participate in the Employees’ Retirement System pursuant to Section 36-27-6 which elects to participate.
e. Is a public official or public employee of the State of Alabama or any political subdivision thereof. As used in this chapter, “public official” does not include a person holding an elected state or local office.
(Act 2001-704, p. 1562, §1.)
The Public Employees’ Defined Contribution Savings Fund is created. The fund shall be administered by a board of control of seven individuals appointed by the Alabama State Employees’ Association.
(Act 2001-704, p. 1562, §1.)
(a) At its first meeting, the board shall elect one of its members as chair.
(b) The board may adopt regulations necessary to implement this chapter. Regulations adopted are exempt from the Alabama Administrative Procedure Act.
(c) The board may contract with one or more entities for the daily operation and investment of funds under this chapter.
(d) The board may adopt one or more defined contribution plans as described in Section 401 of the Internal Revenue Code if the board determines that doing so will offer substantial tax benefits to any segment of the participants covered under this chapter.
(Act 2001-704, p. 1562, §1.)
To the extent not in conflict with the Internal Revenue Code, all investments shall be subject to any limitations established and adopted by the board.
(Act 2001-704, p. 1562, §1.)
(a) Participation in this fund shall be voluntary under regulations adopted by the board and in accordance with the Internal Revenue Code.
(b) Any person who becomes ineligible for participation in the fund due to the termination of his or her employment with an eligible employer, or due to other reasons, may leave his or her vested accumulations on account with the fund. In that event, no further contributions may be accepted on the account of the person unless the person is reemployed by an eligible employer or again becomes eligible.
(Act 2001-704, p. 1562, §1.)
(a)(1) By September 1 of each year, the board, based on the funds appropriated by the Legislature for employer contributions to defined contribution savings plans for the ensuing fiscal year and the number of participants, shall determine the maximum amount of employer match contribution available for each participant. Nothing in this chapter shall be deemed to require the Legislature to appropriate an employer match or any other monies to the Employee Savings Plan.
(2) The employer match contribution as established in subdivision (1) shall be available to each participant in the plan and funded into the 401 plan established by the board for the participant.
(3) The board shall make a similar determination for employees of any other agency electing to participate in a defined contribution savings plan under this chapter whose employees are not included within an appropriation for employer contributions by the Legislature.
(4) Such agencies referred to in subdivision (3) may participate in the plan, subject to regulations of the board.
(b) Each participant shall contribute elective deferrals deducted from the participant’s compensation to a 457 deferred compensation plan or a 403(b) tax sheltered annuity plan as the participant’s contribution to a plan under this chapter.
(c) The allocation of the employer contribution shall be made by a dollar-for-dollar match for the first dollars contributed by the employee, based upon the total number of participants divided by the remaining employer contribution. Each participant shall receive an equal matching amount to be determined by the board based upon an allocation of the remaining employer contribution divided by the number of plan participants. Such employer contribution shall not exceed the maximum employer match available for each participant as determined annually by the board. Appropriated funds not expended within a fiscal year shall roll over and carry forward for distribution by the board in subsequent years.
(d) The participant’s contribution, if any, and any employer’s match contribution shall be transmitted to the appropriate entity under subsection (c) of Section 36-27C-4. The employer shall transmit such contributions during each pay cycle as established by the employer.
(e) In addition to all other appropriations heretofore or hereafter made, there is appropriated from the Public Employees’ Defined Contribution Savings Fund to the Board of Control of the Public Employees’ Defined Contribution Savings Fund the sum of $1,000,000 for the fiscal year ending September 30, 2004. The appropriation made in this subsection shall be expended by the board for an employer match in accordance with this section.
(Act 2001-704, p. 1562, §1; Act 2004-266, p. 368, §3; Act 2006-625, p. 1709, §1.)
The administrative cost for the operation of the fund shall be provided through investment earnings or contributions to the fund. No additional state funds may be used to administer this chapter.
(Act 2001-704, p. 1562, §1.)
Nothing in this chapter shall limit or otherwise lessen the State of Alabama’s, current or future, obligation to fund the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund. The provisions of this chapter, in whole or in part, may not be used to allow a person otherwise covered under the Retirement Systems of Alabama to opt out or otherwise cease participation in the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund. The State of Alabama or any political subdivision thereof may not substitute or cause to be substituted this Employee Savings Plan or any other defined contribution plan for the state retirement defined benefit plan that currently exists in the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund.
(Act 2001-704, p. 1562, §3.)
AMENDED BY ACT 2026-333, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) On and after May 15, 2012, any individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund who has an accrued benefit shall forfeit retirement benefits upon a guilty plea, a plea of no contest, or a final judgment by the trial court of a felony offense if that offense is related to or arises out of, or in connection with, his or her service in that public position, and the individual shall be entitled to a refund of his or her retirement contributions and applicable interest.
(b) On and after July 1, 2024, any individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund who has an accrued benefit shall forfeit retirement benefits upon a guilty plea, a plea of no contest, or a final judgment by the trial court of any offense set forth in Article 4A of Chapter 6 or Division 4 of Article 4 of Chapter 12 of Title 13A, and the individual shall be entitled to a refund of his or her retirement contributions and applicable interest.
(c) A retired member receiving benefits, upon a plea or judgment set forth in subsection (a) or (b), shall have his or her retirement benefit suspended. In the event a retired member receiving benefits has not received retirement benefits exceeding the amount of his or her contributions and interest, he or she shall receive a refund of his or her remaining contributions and interest.
(d) Upon conviction of a crime as described in subsection (a) or (b), the trial court shall promptly provide written notice of the conviction to the Board of Control of the Employees’ Retirement System, the Board of Control of the Teachers’ Retirement System, or the Judicial Retirement Fund, or any combination thereof, as applicable. Any failure by the convicting court to provide notice pursuant to this subsection shall not affect or delay any forfeiture provision set forth in this section.
(e) Officers and employees of the Employees’ Retirement System, the Teachers’ Retirement System, and the Judicial Retirement Fund are immune from any civil or criminal liability for any action taken pursuant to this section.
(Act 2012-412, p. 1122, §§1, 2; Act 2024-289, §1.)
This chapter shall be known and may be cited as the State Employee Retirees’ Trust Fund Funding Act of 2022.
(Act 2022-349, §1.)
The Legislature finds that it is advisable for the state to create an irrevocable trust whereby the state may begin funding periodic bonus checks for Alabama retired state employees. Therefore, the State Employees’ Retirement System Board of Control shall create an irrevocable trust named the State Employee Retirees’ Trust Fund in accordance with this chapter.
(Act 2022-349, §2.)
For the purposes of this chapter, the following terms have the following meanings:
(1) BENEFICIARY. Any individual who receives a pension, annuity, retirement allowance, or other benefit provided by Chapter 27.
(2) BOARD OF CONTROL. The Board of Control of the State Employees’ Retirement System established pursuant to Section 36-27-2.
(3) FISCAL YEAR. The fiscal year of the state as may from time to time be provided by law.
(4) PERIODIC BONUS CHECKS. Periodic bonus checks granted by the State Employee Retirees’ Trust Fund to retirees and beneficiaries of the State Employees’ Retirement System.
(5) PERMITTED INVESTMENTS. All assets and properties in which the Retirement Systems of Alabama may invest as permitted by law.
(6) RETIRED EMPLOYEE. A former employee who is a participant in the State Employees’ Retirement System pursuant to Chapter 27 and who satisfies the definitions of retirement and employee as provided in Section 36-27-1.
(7) TRUSTEE. A trustee serving on the Board of Control.
(8) TRUST FUND. The State Employee Retirees’ Trust Fund created by this chapter.
(Act 2022-349, §3.)
(a) There is created the State Employee Retirees’ Trust Fund evidenced by a written trust instrument, the terms and conditions of which shall be determined by the Board of Control creating the trust fund.
(b) The trust shall be managed and controlled by its trustees. The trustees shall serve without compensation for their service as trustees, but may be reimbursed from the trust for all reasonable and necessary expenses that they incur in connection with their service as trustees.
(Act 2022-349, §4.)
(a) A trustee may not be any of the following:
(1) Personally liable for any liability, loss, or expense suffered by the trust fund, unless the liability, loss, or expense arises out of, or results from, conduct described in Section 36-1-12.
(2) Responsible for the adequacy of the trust fund to meet and discharge any obligation under the relevant pension plan.
(3) Required to take action to enforce the payment of any contribution or appropriation to the trust fund.
(b) A trustee is immune from suit to the same extent as the state, its agencies, officers, and employees.
(c) A trustee may be indemnified by the trust fund and from funds of the trust fund against costs, liabilities, losses, damages, and expenses including, but not limited to, attorney fees, as may be more fully provided in a respective trust fund agreement, unless the cost, liability, loss, damage, or expense arises out of, or results from, the willful misconduct or intentional wrongdoing of the trustee.
(Act 2022-349, §5.)
(a) The board of control, through the trustees, shall have all powers necessary for the management and control of the trust fund and to carry out and effectuate the purposes of this chapter including, but not limited to, the following:
(1) To adopt, alter, and repeal rules for the operation and conduct of the affairs and business of the trust fund.
(2) To make, enter into, and execute contracts, agreements, and other instruments and to take other actions as necessary for the management and operation of the trust fund, to accomplish any purpose for which the trust fund was created, or to exercise any power granted by this chapter.
(3) To enter into contracts with, to accept aid and grants from, to cooperate with, and to do any and all things necessary to avail the trust fund of the aid and cooperation of the United States, the state, or any agency, instrumentality, or political subdivision of either, in furtherance of the purposes of this chapter.
(4) To appoint, employ, and contract with employees, agents, advisors, and consultants including, but not limited to, attorneys, accountants, actuaries, financial experts, and other advisors, consultants, and agents as determined necessary by the trustees and to establish any compensation to be paid from the funds of the trust fund.
(5) To invest the funds of the trust fund in any permitted investment.
(b) The expenses of making and disposing of investments, including brokerage commissions, legal expenses referable to a particular transaction, transfer taxes, and other customary transactional expenses with respect to a trust shall be payable out of the funds of the trust fund.
(Act 2022-349, §6.)
(a)(1) The sources of funding to the trust fund may consist of all of the following:
a. Investment income.
b. Proceeds of any gifts, grants, or contributions.
c. Revenue sources as directed by the Legislature.
d. Revenue sources other than direct appropriations by the Legislature.
(2) The sources of funding to the trust fund may not consist of State General Fund revenue, and those revenues are expressly prohibited from that use. The trust fund shall be funded from sources other than the State General Fund.
(b) The agreements creating the trust fund shall be irrevocable, and the assets of the trust fund may not be expended, disbursed, loaned, or transferred, or used for any purpose other than to acquire permitted investments, pay administrative expenses, and provide periodic bonus checks to or for retired employees and their beneficiaries. The Legislature may not appropriate the assets of the trust fund.
(c) Upon certification from the actuary of the State Employees’ Retirement System that the assets of the trust fund are sufficient to fund periodic bonus checks as provided for by legislation granting the periodic bonus checks, the trustees shall transfer the amount of assets certified by the board of control to the State Employees’ Retirement System to fund those bonuses or increases.
(d) Notwithstanding subsection (c), the trustees may amend or modify the trust fund, consistent with the legislative intent of this chapter, in any of the following circumstances:
(1) If, in the opinion of counsel for the trustees, it is necessary or advisable to obtain any material tax advantage or avoid any material adverse tax result.
(2) If, in the opinion of an independent accountant for the trustees, it is necessary or advisable to cause the trust fund to be considered a post-employment benefits trust fund in accordance with generally accepted governmental accounting principles as prescribed by the Governmental Accounting Standards Board, or its successor.
(3) If, in response to a petition of the trustees requesting that the trust fund be amended, a court of competent jurisdiction determines that the amendment is necessary or advisable to accomplish the purposes of this chapter.
(e) All assets and income of the trust fund shall be exempt from taxation by the state or any political subdivision thereof. The assets of the trust fund are not subject to the claims of creditors of the state, the board of control, trustees, plan administrators, employees, retired employees, or beneficiaries, and are not subject to execution, attachment, garnishment, the operation of bankruptcy, insolvency laws, or any other process whatsoever, and no assignment thereof shall be enforceable in any court.
(f) The trustees shall prepare the annual financial statements of the trust fund in accordance with generally accepted governmental accounting principles and shall provide for an audit of those financial statements for each fiscal year to be conducted by a qualified independent certified accounting firm in accordance with generally accepted auditing standards.
(Act 2022-349, §7.)
(a) It is the intent of the Legislature that the State Employees’ Retirement System invest the funds of the trust fund and the trustees operate the trust fund in compliance with the Internal Revenue Code in a manner that could allow the trust fund to maximize investment earnings while minimizing the costs to the trust fund. It is also the intent of the Legislature that the trust fund be operated in a manner that satisfies the definition of other post-employment benefits trusts under generally accepted governmental accounting principles.
(b) The trust fund is not subject to any law that conflicts with the intent of the Legislature as expressed in subsection (a) or prevents or unreasonably hinders the accomplishment of the purposes of this chapter.
(Act 2022-349, §8.)
Nothing in this chapter shall be construed to define or otherwise grant any right or privilege to periodic bonus checks or other pension benefits to any person other than those periodic bonus checks, rights, and privileges previously or already granted to employees and retired employees and their beneficiaries by the State Employees’ Retirement System pension plan. The rights and privileges, if any, shall be governed by the terms of the pension plan, if any. This chapter is not intended to assure or deny any existing or future employee or retired employee, or any of their beneficiaries or any other person of any right of employment or entitlement to any periodic bonus check or to otherwise restrict the ability of the state to modify or eliminate any existing or future increase benefit.
(Act 2022-349, §9.)
All personnel employed and vendors hired by contract with funds available to the trust fund and trustees under subdivision (b)(4) of Section 36-36-5, shall reflect the racial and ethnic diversity of the state.
(Act 2022-349, §10.)
When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) WAGES. All remuneration for employment, as defined in subdivision (2) of this section, including the cash value of all remuneration paid in any medium other than cash; except, that such term shall not include that part of such remuneration which, even if it were for “employment” within the meaning of the federal Insurance Contributions Act, would not constitute “wages” within the meaning of that act.
(2) EMPLOYMENT. Any service performed by an employee in the employ of the state, or any political subdivision thereof, or any instrumentality of either for such employer, except:
a. Service which, in the absence of an agreement entered into under this chapter, would constitute “employment” as defined in Section 210 of the Social Security Act; or
b. Service which under applicable federal law may not be included in an agreement between the state and the federal agency entered into under this chapter.
(3) EMPLOYEE. An officer of a state, political subdivision or instrumentality whose compensation is paid from funds of the state, political subdivision, instrumentality or employing official. Such term includes all elected or appointed (salaried and fee basis) officers, deputies, assistants and clerks, substitute teachers or any other employees.
(4) FEDERAL AGENCY. Such federal officer, department or agency as is charged on behalf of the federal government by or under the applicable federal law with the particular federal function referred to in this chapter in connection with such term.
(5) POLITICAL SUBDIVISION. Any county, municipal corporation, school district or other equivalent governmental entity.
(6) INSTRUMENTALITY. Such term, when referring to an instrumentality of the state or political subdivision, includes only a legal entity which is separate and distinct from the state or such subdivision and whose employees are not by virtue of their relation to such entity employees of the state or such subdivision.
(7) APPLICABLE FEDERAL LAW. The provisions of the federal law, Public Law 734, 81st Congress, as such act may from time to time be amended, including federal regulations and requirements issued pursuant thereto, or any other federal laws which provide for extending the benefits of Title II of the Social Security Act to employees of states, political subdivisions and their instrumentalities.
(8) SOCIAL SECURITY ACT. The act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the “Social Security Act” as such act has been and may from time to time be amended.
(9) FEDERAL INSURANCE CONTRIBUTIONS ACT. Subchapter A of Chapter 9 of the federal Internal Revenue Code as such code has been and may from time to time be amended.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §2; Acts 1951, No. 107, p. 331, §§1, 2; Acts 1953, No. 533, p. 740, §1; Acts 1959, 2nd Ex. Sess., No. 76, p. 252, §1; Acts 1961, Ex. Sess., No. 53, p. 1917, §1; Acts 1965, No. 763, p. 1372, §1; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1.)
In order to extend to employees of the state, its political subdivisions and of the instrumentalities of either and to the dependents and survivors of such employees the basic protection accorded to others by the Old-Age and Survivors’ Insurance System embodied in the Social Security Act, it is hereby declared to be the policy of the Legislature, subject to the limitations of this chapter, that such steps be taken as to provide such protection to employees of the state and local governments on as broad a basis as is permitted under applicable federal law.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §1.)
There shall be a State Office for Social Security under the supervision of the state Comptroller. All employees of such office shall be subject to the provisions of the state Merit System.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §2; Acts 1951, No. 107, p. 331, §§1, 2; Acts 1953, No. 533, p. 740, §1; Acts 1959, 2nd Ex. Sess., No. 76, p. 252, §1; Acts 1961, Ex. Sess., No. 53, p. 1917, §1; Acts 1965, No. 763, p. 1372, §1; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1.)
(a) Federal-state agreement. The state Comptroller, with the approval of the Governor, is hereby authorized to enter on behalf of the state into an agreement with the federal agency, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal Old-Age and Survivors’ Insurance System to employees of the state or any political subdivision thereof or of any instrumentality of any one or more of the foregoing with respect to services specified in such agreement, which constitute employment as defined in Section 36-28-1.
Such agreement may contain such provisions relating to coverage benefits, contributions, effective date, modification and termination of the agreement, administration and other appropriate provisions as the state Comptroller and federal agency shall agree upon, but, except as may be otherwise required by or under applicable federal law as to the services to be covered, such agreement shall provide in effect that:
(1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act;
(2) The state will pay to the federal agency, at such time or times as may be prescribed by the applicable federal law or by regulation promulgated thereunder, contributions with respect to wages, as defined in Section 36-28-1, equal to the sum of the taxes which would be imposed by Sections 3101 and 3111 of Title 26, U.S.C.A., if the services covered by the agreement constituted employment within the meaning of that act;
(3) Such agreement shall be effective with respect to services performed after a date specified therein but shall in no event be effective with respect to any service performed prior to January 1, 1951;
(4) All services which constitute employment as defined in Section 36-28-1 and are performed in the employ of the state by employees of the state shall be covered by the agreement; and
(5) All services which constitute employment as defined in Section 36-28-1 are performed in the employ of a political subdivision or in the employ of an instrumentality of either the state or a political subdivision and are covered by a plan which is in conformity with the terms of the agreement and has been approved by the state Comptroller under Section 36-28-5 shall be covered by the agreement.
(b) Powers of instrumentalities created jointly with other states. Any instrumentality jointly created by this state and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, to:
(1) Enter into an agreement with the Secretary of Health and Human Services whereby the benefits of the federal Old-Age and Survivors’ Insurance System shall be extended to employees of such instrumentality;
(2) Require its employees to pay and, for that purpose, to deduct from their wages contributions equal to the amounts which they would be required to pay under subsection (a) of Section 36-28-7 if they were covered by an agreement made pursuant to subsection (a) of this section; and
(3) Make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreement.
The agreement authorized by this subsection shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) of this section and other provisions of this chapter.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §3; Acts 1951, No. 107, p. 331, §3; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1.)
(a) Each political subdivision of the state and each instrumentality of the state or of a political subdivision is hereby authorized to submit for approval by the state Comptroller a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable federal law, to employees of any such political subdivision or instrumentality. Each such plan or any amendment thereof shall be approved by the state Comptroller if it finds that such plan or such plan as amended is in conformity with such requirements as are provided in regulations of the state Comptroller; except, that no such plan shall be approved unless:
(1) It is in conformity with the requirements of the applicable federal law and with the agreement entered into under Section 36-28-4;
(2) It provides that all services which constitute employment, as defined in Section 36-28-1, and are performed in the employ of the political subdivision or instrumentality by any employees thereof, shall be covered by the plan;
(3) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (1) of subsection (b) and by subsection (c) are expected to be derived and contains reasonable assurance that such sources will be adequate for such purposes from wages, fees and other compensation for services performed;
(4) It provides for such methods of administration of the plan by the political subdivision or instrumentality as are found by state Comptroller to be necessary for the proper and efficient administration of the plan;
(5) It provides that the political subdivision or instrumentality will make such reports, in such form and containing such information, as the state Comptroller may from time to time require, and will comply with such provisions as the state Comptroller or the federal agency may from time to time find necessary to assure the correctness and verifications of such reports.
(b)(1) Each political subdivision or instrumentality as to which a plan has been approved under subsection (a) of this section shall pay into the Contribution Fund, with respect to wages, as defined in Section 36-28-1, at such time or times as the state Comptroller may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the state Comptroller under Section 36-28-4.
(2) Every political subdivision or instrumentality required to make payments under subdivision (1) of this subsection is authorized, in consideration of the employee’s retention in or entry upon employment after November 1, 1950, to impose upon its employees as to services which are covered by an approved plan, a contribution with respect to wages, as defined in Section 36-28-1, not exceeding the amount of tax which would be imposed by Section 3101 of Title 26, U.S.C.A., if such services constituted employment within the meaning of that act, and to deduct the amount of such contribution from the wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under subdivision (1) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
(c) Delinquent accounts due under subdivision (1) of subsection (b) of this section shall be assessed a penalty of $10.00 and shall pay late interest based on the 91 day U.S. Treasury bill rate in effect on the date of delinquency and continuing through date of payment. However, in no event shall the rate of interest be less than six percent per annum. Delinquent accounts may be recovered by civil action in a court of competent jurisdiction against the political subdivision or instrumentality liable therefor or shall, at the request of the state Comptroller, be deducted from any other moneys payable to such subdivision or instrumentality by any department or agency of the state. Any entity failing to provide end-of-the-year reconciliations on or before the deadline set by the state Social Security administrator shall be assessed a five-dollar per day unmitigable penalty for each such day of delay.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §5; Acts 1959, 2nd Ex. Sess., No. 76, p. 252, §1; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1; Acts 1986, Ex. Sess., No. 86-710, p. 125, §1.)
(a) Upon request of the State of Alabama or any political subdivision or instrumentality thereof, the state Comptroller for Social Security is hereby authorized to obtain Social Security coverage of services rendered by student employees whose positions fall within any coverage group to which Social Security has been heretofore extended prior to September 15, 1961. The coverage of such additional student services shall be optional with respect to the State of Alabama or any political subdivision or instrumentality thereof and may be made retroactive to the extent permitted under applicable federal law.
(b) After September 15, 1961, the state Comptroller for Social Security shall include the services of student employees when Social Security coverage is extended to any new or additional coverage group, unless the request of such additional coverage group for extension of Social Security coverage expressly excludes services of student employees.
(Acts 1961, Ex. Sess., No. 54, p. 1919, §§ 1, 2; Acts 1961, Ex. Sess., No. 93, p. 2007, §§1, 2; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1.)
(a) Every employee of the state whose services are covered by an agreement entered into under Section 36-28-4 shall be required to pay for the period of such coverage into the Contribution Fund established by Section 36-28-8 contributions with respect to wages, as defined in Section 36-28-1, equal to the amount of tax which would be imposed by Section 3101 of Title 26, U.S.C.A., if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employee’s retention in the service or his entry upon such service after November 1, 1950.
(b) The contribution imposed by this section shall be collected by the state by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution. The persons or department preparing the payrolls through which employees covered by the agreement are paid shall make such reports to the state Comptroller as are deemed necessary upon forms supplied by the Comptroller.
(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments or refund if adjustment is impracticable shall be made, without interest, in such manner and at such times as the state Comptroller shall prescribe.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §4; Acts 1953, No. 868, p. 1166, § 1; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1.)
(a) There is hereby established a special fund to be known as the Contribution Fund. Such fund shall consist of and there shall be deposited in such fund:
All moneys in the fund shall be mingled and undivided. Subject to the provisions of this chapter, the state Comptroller is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof consistent with the provisions of this chapter.
(b) The Contribution Fund shall be established and held separate and apart from any other funds or moneys of the state and shall be used and administered exclusively for the purpose of this chapter. Withdrawals from such fund shall be made for and solely for:
(1) Payment of amounts required to be paid to the federal agency pursuant to an agreement entered into under Section 36-28-4;
(2) Payment of refunds provided for in subsection (c) of Section 36-28-7; and
(3) Refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.
(4) To transfer such funds, not otherwise required in subdivisions (1), (2) and (3) of this subsection, into the Social Security Special Allocation Account, for administration. Such sum is hereby appropriated for this purpose.
(c) From the Contribution Fund the custodian of the fund shall pay to the federal agency such amounts and at such time or times as may be directed by the state Comptroller in accordance with any agreement entered into under Section 36-28-4 and applicable federal law.
(d) The Treasurer of the state shall be ex officio treasurer and custodian of the Contribution Fund and shall administer such fund in accordance with the provisions of this chapter and the directions of the state and shall pay all warrants drawn upon it in accordance with the provisions of this section and with such regulations as the state Comptroller may prescribe pursuant thereto.
(e)(1) There is appropriated annually to the Contribution Fund, in addition to the contributions collected and paid into the Contribution Fund under Sections 36-28-5 and 36-28-7, to be available for the purposes of subsections (b) and (c) of this section, until expended, such additional sums as are found to be necessary in order to make the payments to the federal agency which the state is obligated to make pursuant to an agreement entered into under Section 36-28-4; provided, that the sums necessary to match Social Security contributions by employees covered under the Teachers’ Retirement System are hereby appropriated annually from the Education Trust Fund; provided further, that the sums necessary to match Social Security contributions by state employees other than those covered by the Teachers’ Retirement System are hereby appropriated annually from the fund from which the salaries of such employees of each employer are paid.
In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the sums necessary to match Social Security contributions by employees of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.
(2) The state Comptroller shall submit to each regular session of the state Legislature, at least 90 days in advance of the beginning of such session, an estimate of the amounts appropriated to the Contribution Fund by subdivision (1) of this subsection for the next appropriation period.
(f) Where Social Security contributions are made from salaries paid from federal funds, the employer shall pay from such federal funds to the state Comptroller for Social Security the amount calculated as a percentage of the salaries of those teachers to be contributed by the state as employer in accordance with Sections 36-28-5 and 36-28-7. Such amounts shall be paid by separate check payable to the state Comptroller for Social Security representing the employer tax at the same time as employee Social Security contributions are paid to the state Comptroller; provided, that the provisions of this subsection shall not apply to funds received under the provisions of the Hatch Act of 1887, as amended in 1955, and the McIntyre-Stennis Act (Cooperative Forestry Research Act of 1962) of the Congress of the United States for the support of agriculturally related research.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §6; Acts 1951, No. 107, p. 331, §4; Acts 1951, No. 990, p. 1666, §1; Acts 1955, No. 146, p. 392, §1; Acts 1969, Ex. Sess., No. 22, p. 51, §1; Acts 1977, No. 757, p. 1296, §1; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1.)
The state Comptroller shall make and publish such rules and regulations, not inconsistent with the provisions of this chapter, as he finds necessary or appropriate to the efficient administration of the functions with which he is charged under this chapter.
(Acts 1950, 5th Ex. Sess., No. 48, p. 102, §8; Acts 1984, 1st Ex. Sess., No. 84-769, p. 139, §1.)
When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BOARD. The State Employees’ Insurance Board.
(2) CLASS. An employee or retiree shall be included in one of the following classes: (i) active employee single, (ii) active employee family, (iii) non-Medicare retiree single, (iv) non-Medicare retiree family, (v) Medicare retiree single, (vi) Medicare retiree family, (vii) non-Medicare retiree with Medicare eligible dependent(s), or (viii) Medicare retiree with non-Medicare dependent(s).
(3) EMPLOYEE. A person who works full time for the State of Alabama or for a county health department and who receives his or her full compensation on a monthly basis through means of a state warrant drawn upon the State Treasury or by check drawn by the Treasurer of the Alabama State Port Authority or by check drawn by the treasurer of the Alabama state agency for surplus property other than those employees covered by the federal Railroad Retirement Act. Full-time employees of the county health department in all counties having populations of not less than 300,000 nor more than 500,000 shall also be included in the definition of employee for the purpose of this chapter, and the health department of any such county is hereby authorized to pay the employer’s share of any contributions to the retirement fund; provided further, that any district attorney or full-time employees in the district attorney’s office, of any judicial circuit shall be included in the definition of employee for the purpose of this chapter, and the respective judicial circuits are hereby authorized to pay the employer’s share of any contribution therefor and any person employed part time by the State of Alabama on a wage and hourly basis, excluding fee compensations and other like arrangements, shall be included in the definition of employee as defined in this chapter provided such person shall agree to have deducted from his or her hourly wage, as stipulated, a pro rata portion of the premium cost of a full-time state employee based on the percentage of time such person is employed by the state according to rules and regulations established by the State Employees’ Insurance Board. The term shall also include an employee who worked at least 10 years for the State Department of Transportation in “captive county” circumstances as defined by Section 23-1-100 and who was transferred to county employment upon the adoption of Article 3A, Chapter 1, Title 23. Provided further, however, any costs incurred as a result of including such employee in this term shall be payable from funds of the State Department of Transportation.
(4) EMPLOYEE CONTRIBUTION. The amount of the total health insurance premium to be paid by the employee or retiree as determined by the board.
(5) EMPLOYER CONTRIBUTION. The amount of the total health insurance premium to be paid by the employer as determined by the board.
(6) FEDERAL POVERTY LEVEL. Income level determined in Section 673(2) of the Community Services Block Grant Act 2 (42 U.S.C. § 9902(2)). Should the federal government no longer derive or substantially change its derivation of the federal poverty level, the State Employees’ Insurance Board has the authority to derive and apply an alternate poverty level to carry out its obligations under this chapter.
(7) HEALTH INSURANCE PREMIUM. The total health insurance cost under the State Employees’ Health Insurance Plan with respect to each class of employees or retirees. Individual premiums may include adjustments and surcharges for (i) family size including, but not limited to, a husband and wife both being covered by the State Employees’ Health Insurance Plan, (ii) spouse’s eligibility for other health insurance, (iii) smokers and users of tobacco products, (iv) preventative care and wellness care participation, and (v) any such other categories of risk that the board shall approve.
(8) MEDICARE RETIREE. A retiree entitled to benefits under the federal Medicare program (Subchapter XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.).
(9) NON-MEDICARE RETIREE. A retiree not entitled to benefits under the federal Medicare program (Subchapter XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.).
(10) OTHER EMPLOYER GROUP HEALTH INSURANCE COVERAGE. Group health insurance coverage available to an employee or retiree through an employer other than the State of Alabama. Other employer group health insurance coverage does not include the State Employees’ Health Insurance Plan, the Public Education Employees’ Health Insurance Plan, or the local government health insurance plan.
(11) RETIREE. An employee who retires from the service of the State of Alabama, who, at the time of such retirement has at least 10 years of creditable coverage, meets the criteria set out in this chapter and who, following such retirement, draws a monthly benefit from the Employees’ Retirement System of Alabama, the Judicial Retirement System of Alabama, the Teachers’ Retirement System of Alabama, or the Alabama State Port Authority.
(12) STATE EMPLOYEES’ HEALTH INSURANCE PLAN. The health benefit plan administered or offered by the State Employees’ Insurance Board for eligible employees and retirees and their respective dependents. The State Employees’ Insurance Board may offer supplemental coverages and policies in lieu of or in addition to coverage in the basic medical plan of the State Employees’ Health Insurance Plan. Also referred to herein as “health insurance plan” or “plan.”
(13) SUPPLEMENTAL COVERAGE. Coverage offered to employees and retirees by the State Employees’ Insurance Board in lieu of coverage in the basic medical plan of the State Employees’ Health Insurance Plan that supplements an employee’s or retiree’s other employer group health insurance coverage.
(14) SUPPLEMENTAL POLICY. A policy offered to employees and retirees by the State Employees’ Insurance Board, in lieu of or in addition to coverage in the basic medical plan of the State Employees’ Health Insurance Plan, that provides a defined set of benefits.
(15) THIRD PARTY ADMINISTRATOR. An entity contracted by the State Employees’ Insurance Board to provide certain administrative services as it deems appropriate and necessary to carry out its obligations under this chapter.
(16) YEARS OF CREDITABLE COVERAGE. The number of years and months that an employee is covered under the State Employees’ Health Insurance Plan prior to retirement as determined by the State Employees’ Insurance Board, including any periods of full-time permanent employment subsequent to retirement up to a maximum of five years. Creditable coverage shall also include months and years: (1) Related to service in the United States Armed Forces; (2) as a part-time employee prior to October 1, 2005; (3) as an employee as defined in Sections 16-25A-1 and 16-25A-11; (4) as a full time employee of a local legislative delegation office which participates in the Employees’ Retirement System if the employee is under the state employees’ insurance plan on June 14, 2011; (5) as an employee of a postsecondary institution eligible for Public Education Employees’ Health Insurance Plan coverage as a retiree whether the institution participates in the Public Education Employees’ Health Insurance Plan or has its own plan of insurance for active employees, provided the postsecondary institution contributes an amount to the State Employees Insurance Fund for each of its retired employees equal to any amount appropriated by the state to fund benefits for retired employees as determined by the State Employees’ Insurance Board; (6) as a juvenile probation officer provided that the Administrative Office of Courts contributes an amount to the State Employees Insurance Fund for each retired juvenile probation officer equal to any amount appropriated by the state to fund benefits for retired employees as determined by the State Employees’ Insurance Board; or (7) as an employee of the USS Alabama Battleship Commission provided that the USS Alabama Battleship Commission contributes an amount to the State Employees Insurance Fund for each retired employee of the USS Alabama Battleship Commission equal to any amount appropriated by the state to fund benefits for retired employees as determined by the State Employees’ Insurance Board. For employees of the Alabama State Port Authority, the term years of creditable coverage shall mean the sum of the number of years and months of creditable service as determined by the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement System with regard to any periods of time during which such employee was employed under the Merit System plus the number of years and months of creditable service as determined by the State Employees’ Insurance Board with regard to any period of time during which such employee was employed by the Alabama State Port Authority as a non-Merit System employee.
(17) YEARS OF SERVICE. The number of years and months of creditable service by an employee prior to retirement as determined by the Employees’ Retirement System, Teachers’ Retirement System, or Judicial Retirement System including any periods of full time permanent employment subsequent to retirement up to a maximum of five years. Except for creditable service related to service in the United States Armed Forces, or as an employee as defined in Sections 16-25A-1 and 16-25A-11, or as an employee of a postsecondary institution eligible for PEEHIP coverage as a retiree whether the institution participates in PEEHIP or has its own plan of insurance for active employees, the State Employees’ Insurance Board may exclude from years of service any years and months of creditable service it determines was not related to service as an employee as defined in Section 36-29-1. For employees of the Alabama State Port Authority, the term years of service shall mean the sum of the number of years and months of creditable service as determined by the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement System with regard to any periods of time during which such employee was employed under the Merit System plus the number of years and months of creditable service as determined by the State Employees’ Insurance Board with regard to any period of time during which such employee was employed by the Alabama State Port Authority as a non-Merit System employee.
(Acts 1965, No. 833, p. 1564, §§1, 2; Acts 1966, Ex. Sess., No. 242, p. 365, §1; Acts 1967, No. 430, p. 1099, §1; Acts 1971, No. 279, p. 586, §1; Acts 1971, No. 2392, p. 3816, §1; Acts 1982, No. 82-621, p. 1175, §1; Acts 1989, No. 89-464, p. 949, §§1, 2; Act 2004-647, 1st Sp. Sess., p. 17, §1; Act 2008-280, p. 542, §1; Act 2011-698, p. 2141, §1; Act 2012-530, p. 1573, §1.)
The State Employees’ Insurance Board shall consist of the members of the State Personnel Board, together with the Director of Finance, the Secretary-Treasurer of the Employees’ Retirement System of Alabama, two members who are regular employees of the state and two retirees covered under the State Employees’ Health Insurance Plan who are receiving benefits from the Employees’ Retirement System of Alabama. The present ex officio officers named shall constitute the membership of the board hereby created, and their successors in office, by virtue of assuming such office, shall succeed to membership on the board. The two state employee members of the board shall be elected at the regular election for officers of the Alabama State Employees’ Association as follows:
At the expiration of the term of the existing state employee members of the board one state employee member of the board shall be elected for a two-year term and every four years thereafter, and the other state employee member of the board shall be elected for a four-year term, and every four years thereafter. Vacancies of the state employee members of the board shall be filled for the remainder of the term by special election of the Alabama State Employees’ Association. The Chairman of the State Personnel Board shall serve as the Chairman of the State Employees’ Insurance Board.
The retired members shall be elected in a statewide ballot conducted under the supervision and direction of the board under such rules and regulations as are necessary to insure that all eligible retirees are afforded the opportunity to vote.
The Board of Directors of the Alabama Retired State Employees’ Association shall submit one nomination for each retired member position. The board shall determine the procedure for qualification of additional candidates which shall include but is not limited to the submission of a petition or petitions which shall include the signature of at least 50 eligible retirees. With the exception of the initial election, each position shall be for a term of four years. The initial terms shall be as follows:
(1) Retired member Place Number 1 for a period of two years beginning November 1, 1985.
(2) Retired member Place Number 2 for a period of four years beginning November 1, 1985.
Any vacancy in the office of either retired positions shall be filled for the remainder of that term by the board from a list of three eligible retired members submitted by the Board of Directors of the Alabama Retired State Employees’ Association.
(Acts 1965, No. 833, p. 1564, §2; Acts 1971, No. 2392, p. 3816, §1; Acts 1983, No. 83-645, p. 1007, §1; Acts 1985, No. 85-642, p. 980, §1.)
The health insurance plan provided for in this chapter shall be designed by the State Employees’ Insurance Board to provide a reasonable relationship between the hospital, surgical, and medical benefits to be included and the expected hospital, surgical, and medical expenses to be incurred by the affected employee and retiree and dependents and to include reasonable controls, which may include, but are not limited to, deductible, copayment, coinsurance, and other cost containment measures to prevent unnecessary utilization of the various hospital, surgical, and medical services available and to provide reasonable assurance of stability in future years for the plan.
(Acts 1965, No. 833, p. 1564, §5; Act 2004-647, 1st Sp. Sess., p. 17, §1.)
The board is hereby empowered and authorized to establish a fully insured or self-insured health insurance plan for employees and retirees of the State of Alabama and to adopt and promulgate rules and regulations for the administration of such plan, subject to such limitations as may be contained in this chapter. Such plan may provide for group hospitalization, surgical, and medical insurance against the financial costs of hospitalization, surgical, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, and medical expenses indemnity benefits, including major medical benefits or such other coverage or benefits as may be deemed appropriate and desirable by the board.
(Acts 1965, No. 833, p. 1564, §3; Act 2004-647, 1st Sp. Sess., p. 17, §1.)
(a) Such health insurance shall not include any of the following:
(1) Expenses incurred by or on account of an individual prior to the effective date of the plan.
(2) Cosmetic surgery or treatment, except to the extent necessary for correction of damages caused by accidental injury while covered by the plan or as a direct result of disease covered by the plan.
(3) Services received in a hospital owned or operated by the United States government for which no charge is made.
(4) Services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan.
(5) Expenses for which the individual is not required to make payment.
(6) Expenses to the extent of benefits provided under any employer group plan other than the plan in which the state participates in the cost thereof.
(7) Such other expenses as may be excluded by regulations of the board.
(b) This section shall not mandate the coverage of hearing assistance devices except that the State Employees’ Health Insurance Board may determine by a majority vote of the board to cover such expenses in part or in whole on or after April 11, 2000.
(Acts 1965, No. 833, p. 1564, §4; Act 1982, No. 82-519, p. 866, §1; Act 2000-218, p. 326, §1.)
(a) The board is hereby authorized to execute a contract or contracts to provide the plan determined in accordance with the provisions of this chapter. Such contract or contracts may be executed with one or more agencies or corporations licensed to transact or administer group health insurance business in this state. All of the benefits to be provided under this chapter may be included in one or more similar contracts issued by the same or different companies.
(b) Before entering into any contract or contracts authorized by subsection (a) of this section, the board shall invite competitive bids from all qualified entities who may wish to administer or offer plans for the health insurance coverage desired. The board shall award such contract or contracts on a competitive basis as determined by the benefits afforded, administrative costs, the costs to be incurred by employee, retiree, and employer, the experience of the offering company or agency in the group health insurance field and its facilities for the handling of claims. In evaluating these factors the board may employ the services of impartial professional insurance analysts or actuaries.
(c) The contract or contracts executed by the board with the selected carrier or third party administrator shall be a contract to offer coverage to all employees and retirees of the state subject to the provisions of this chapter; provided, however, that nothing contained in this chapter shall prohibit other insurance carriers from soliciting additional health and other types of insurance coverage with state employees, and nothing contained in this chapter shall prohibit the Director of Finance from authorizing payment of premiums for such additional health and other types of coverage by payroll deduction.
(d) The board may authorize a carrier with whom a contract has been executed to reinsure portions of such contract with other such carriers which elect to be a reinsurer and who are legally qualified to enter into a reinsurance agreement under the laws of this state.
(e) Each employee and retiree who is covered under the plan shall receive a certificate or summary document setting forth the benefits to which the employee, retiree, and dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims shall be submitted, and a summary of the provisions of the plan as they affect the employee, retiree, and dependents.
(f) The board may at the end of any contract period discontinue any contract or contracts it has executed with any carrier or third party administrator and replace same with a contract or contracts with any other carrier or third party administrator meeting the requirements of this chapter.
(g) The State Employees’ Insurance Board may enter into contracts of the Public Education Employees’ Health Insurance Board that were awarded through a competitive bid process, upon the mutual consent of the Public Education Employees’ Health Insurance Board and the contractor.
(Acts 1965, No. 833, p. 1564, §6; Act 2004-647, 1st Sp. Sess., p. 17, §1.)
(a) The board is hereby authorized to provide under the provisions of this chapter that the employer’s contribution to the cost of such plan for coverage of the employee and retiree shall be paid by the employer.
(b) Each employee and retiree shall be entitled to have his or her spouse and dependent children, as defined by the rules and regulations of the board, included in the coverage provided upon agreeing to pay the employee’s contribution of the health insurance premium for such dependents. The board shall adopt regulations governing the discontinuance and resumption by such employees and retirees of coverage for dependents.
(c) Subject to Section 36-29-19.3, any further changes in employee or retiree contribution to the health insurance premium or other out-of-pocket expenses including, but not limited to, any surcharge, copay, or deductible may only be enacted when: (1) the executive director certifies that after proper evaluation the increase is justified and (2) the change is approved by at least a simple majority vote of the board members present.
(d) As used in this section, the employer shall mean the fund from which the salaries of such employees are paid. There is hereby appropriated annually from each fund amounts sufficient to provide the employer’s contribution of the health insurance premium. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the sums required to pay the employer’s contribution costs of employees and retirees of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.
(e) During any period in which an employee or an employee’s dependents are covered under this chapter, there shall be withheld from the salary payment of such employee the employee’s contribution to the cost of coverage.
(f) There is hereby created in the State Treasury a fund to be known as the State Employees’ Insurance Fund. Such fund shall consist of and there shall be deposited into such fund all appropriations made from employer funds, under the provisions of subsection (d) of this section and all premiums paid by employees and retirees under the provisions of subsection (e) of this section and any other premiums paid under the provisions of this chapter. The board shall designate a custodian of this fund who shall be authorized to make deposits into and payments therefrom in accordance with contracts entered into by the board.
(Acts 1965, No. 833, p. 1564, §9; Acts 1969, No. 164, p. 449, §1; Acts 1973, No. 818, p. 1283, §1; Act 2004-647, 1st Sp. Sess., p. 17, §1; Act 2011-698, p. 2141, §1.)
(a) All persons in the employment of the State of Alabama who are eligible for coverage under the provisions of this chapter and the rules and regulations of the board adopted pursuant thereto shall have the option to be included in such coverage and shall have an option as to whether they will subscribe to such coverage for their dependents, such option to be exercised in the manner and within the time limitation prescribed by the board.
(b) All persons who become employees of the State of Alabama, as defined by the terms of this chapter and the rules and regulations promulgated by the board pursuant thereto, shall have the option to become members of the plan hereby provided and shall have an option as to whether they will subscribe to such coverage for their dependents; provided, that the exercise of such option shall be contingent upon acceptance by the board subject to proper documentation of eligibility and such coverage may be deferred during any reasonable waiting period provided in the contract or contracts.
(c) Any employee or retiree knowingly and willfully submitting materially false information to the board or engaging in fraudulent activity that causes financial harm to the plan, may, upon a determination by the board, (1) repay all claims and other expenses, including an interest charge based on the applicable interest rate paid by the state under Section 40-1-44, incurred by the plan related to the intentional submission of false or misleading information or fraudulent activity and (2) may be subject to disqualification from coverage under the plan.
(Acts 1965, No. 833, p. 1564, §12; Act 2004-647, 1st Sp. Sess., p. 17, §1; Act 2011-698, p. 2141, §1.)
The contract or contracts shall provide for health insurance for retiring state employees and their spouses and dependents as defined by rules and regulations of the board on such terms as the board may deem appropriate.
The board shall adopt rules and regulations prescribing the conditions under which retiring employees, and in the event of the death of a retired employee their spouses and dependents, may elect to participate in or withdraw from the plan.
(Acts 1965, No. 833, p. 1564, §7; Acts 1982, No. 82-519, p. 866, §1.)
(a) Employees covered under the plan who retire from active service before January 1, 2012, and begin receiving monthly benefits from the Employees’ Retirement System of Alabama, Judicial Retirement System of Alabama, or from the Teachers’ Retirement System of Alabama may elect to continue coverage under the plan by consenting to have the employee contribution deducted from their monthly benefit payment for coverage of such retired employees.
(b) Employees covered under the plan who retire from active service after December 31, 2011, with at least 10 years of creditable coverage and begin receiving monthly benefits from the Employees’ Retirement System of Alabama, Judicial Retirement System of Alabama, or the Teachers’ Retirement System of Alabama may elect to continue coverage under the plan by consenting to have the employee contribution deducted from their monthly benefit payment for coverage of such retired employees.
(c) The premiums so deducted shall be transmitted monthly to the board. Notwithstanding the foregoing provisions no person otherwise eligible for coverage under the plan shall be denied participation therein, for the reason that such person is precluded from having the cost of his or her coverage deducted from a monthly benefit payment.
(d) The board shall adopt such rules and regulations as they deem appropriate and necessary for carrying out the provisions of this section.
(Acts 1965, No. 833, p. 1564, §10; Acts 1982, No. 82-519, p. 866, §1; Acts 1985, No. 85-649, p. 1008, §1; Act 2004-647, 1st Sp. Sess., p. 17, §1; Act 2011-698, p. 2141, §1.)
Any benefits payable under the plan adopted may be paid either directly to the attending physician, hospital, medical group or other furnishing the service upon which the claim is based or to the insured employee upon presentation of valid bills for such services, subject to such provisions designed to facilitate payment as may be made by the board.
(Acts 1965, No. 833, p. 1564, §8.)
The board shall promulgate such rules and regulations as may be required for the effective administration of the provisions of this chapter. The board shall have discretion and authority to interpret the terms and conditions of the plan. The plan shall require adequate notice in writing to any participant whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial and shall afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the claims administrator upon the written request of the participant, within 60 days of the date of denial, setting forth the specific reasons for review. The claims administrator shall provide in writing a final determination of the claim. Review of a final decision by the claims administrator shall be by the Circuit Court of Montgomery County.
(Acts 1965, No. 833, p. 1564, §13; Act 2004-647, 1st Sp. Sess., p. 17, §1.)
(a) There is hereby provided from the funds of the State Employees’ Health Insurance Plan $1,592,605.00 (estimated) for the fiscal year beginning October 1, 1985. The State Employees’ Insurance Board is hereby authorized to expend $22.35 per month per eligible retired employee towards coverage for said retired employee for the fiscal year beginning October 1, 1985.
(b) It is the intent of the Legislature that subsequent appropriations to the State Employees’ Insurance Board pursuant to this section shall be included in the appropriations made for active employees from employer funds pursuant to subsection (d) of Section 36-29-7 beginning with the fiscal year 1986-87 and each year thereafter and shall be increased to fully fund the employer’s portion of the benefits provided for in Section 36-29-10.
(c) The board shall recognize any Medicare premium paid by a retiree in determining any increases in retiree contributions in existing and newly imposed premiums proscribed on state employees and retirees.
(Acts 1985, No. 85-649, p. 1008, §2; Act 2004-647, 1st Sp. Sess., p. 17, §1.)
(a) Any agency of the state, or any governmental entity, body, or subdivision thereto, any county, any municipality, any municipal foundation, any fire or water district, authority, or cooperative, any regional planning and development commission established pursuant to Sections 11-85-50 through 11-85-73, that is not and was not for the 12 months immediately preceding the date of application to participate in any plan created pursuant to the provisions of this article a member of an existing government sponsored health insurance program, formed under the provisions of Section 11-26-2, the Association of County Commissions of Alabama or the Alabama League of Municipalities, the Alabama Retired State Employees’ Association, the Alabama State Employees Credit Union, Easter Seals Alabama, Alabama State University, the Alabama Rural Water Association, Rainbow Omega, Incorporated, The Arc of Alabama, Incorporated, and any of the affiliated local chapters of The Arc of Alabama, Incorporated, United Ways of Alabama and its member United Ways, the Alabama Network of Children’s Advocacy Centers and its member Children’s Advocacy Centers, any railroad authority organized pursuant to Chapter 13, Title 37, or any solid waste disposal authority organized pursuant to Chapter 89A, Title 11, by resolution legally adopted to conform to rules prescribed by the State Employees’ Insurance Board, may elect to have its officers, members, employees, and retired employees become eligible for health insurance coverage under the State Employees’ Insurance Board without any liability to the state or the State Employees’ Health Insurance Plan.
(b) Acceptance of the employees identified in subsection (a) shall be optional with the State Employees’ Insurance Board.
(c) Employees, officers, members, and retirees who are eligible for health insurance pursuant to this section shall be entitled to coverage and benefits as designated by the State Employees’ Insurance Board.
(d) Any portion of the cost of the insurance coverage as determined by the State Employees’ Insurance Board for the employees, officers, members, and retirees and their dependents pursuant to this section may be paid by the employer.
(e) The chief fiscal officer of each employer shall remit to the State Employees’ Insurance Board the amount of premiums required for employee and dependent coverage under this section. The employer shall furnish the necessary information to the State Employees’ Insurance Board.
(f) The agreement of any employer to have its employees, officers, members, and retirees to be covered under the health insurance plan provided by the State Employees’ Insurance Board may be revoked only by complying with the following provisions:
The employer, by resolution of the governing body, shall signify its intention and desire to withdraw from such plan in writing and by delivering a copy of such resolution by certified mail to the State Employees’ Insurance Board no later than six months prior to the effective date of withdrawal. Any employer that withdraws from participation in such plan shall be responsible for paying its claims incurred prior to the date of withdrawal, but not reported and paid prior to the date of withdrawal. The withdrawing employer shall also be liable for interest which will accrue at a rate of one and one-half percent per month on any monies due to the State Employees’ Insurance Board which are over 30 days past due. Any organization which provides or administers health insurance benefits through the Local Government Health Insurance Program shall not provide or administer health insurance benefits to any entity which withdraws from the Local Government Health Insurance Program for a period of two years from the effective date of withdrawal.
(g) The State Employees’ Insurance Board shall promulgate such rules and regulations as may be necessary for the effective administration of the provisions of this section.
(h) In addition, the State Employees’ Insurance Board shall engage such actuarial and other special services as shall be required to transact the business of the board. The compensation of all persons engaged by the board, with the exception of clerical employees who shall be employed under the Merit System Act, and all other expenses of the board necessary for the operation of the board shall be paid at such rates and in such amounts as the board shall approve.
(Acts 1990, No. 90-624, p. 1139, §§1, 2; Acts 1992, No. 92-303, p. 681, §1; Acts 1995, No. 95-746, p. 1697, §1; Act 98-638, p. 1408, §1; Act 2001-698, p. 1490, §1; Act 2006-596, p. 1623, §1; Act 2009-778, p. 2431, §1; Act 2012-234, p. 434, §1; Act 2013-335, p. 1177, §1.)
(a) The governing body of any county soil and water conservation district may, by resolution legally adopted to conform to rules prescribed by the State Employees’ Insurance Board, elect to have its officers and employees who are full-time employees working at least a 40-hour work week and its retiring employees who worked full time at least a 40-hour work week during their active employment become eligible to participate in the State Employees’ Health Insurance Plan. The term “officers” and “employees” as used in this section shall include those persons appointed or employed by the individual officers and performing their duties in public offices, but shall not include members of soil and water conservation district boards, known as district supervisors who are expressly prohibited from participating in said health insurance plan.
(b) Each employee who is covered by the State Employees’ Health Insurance Plan pursuant to this section shall be entitled to the coverage and benefits as though he were a state employee.
(c) The cost of the insurance coverage for the employee shall be paid by the employer; however, each employee who chooses to have dependent coverage shall agree to pay the cost of coverage for his dependents. The chief fiscal officer of each employer shall pay to the State Employees’ Insurance Board to the credit of the State Employees’ Insurance Fund the amount of premiums paid by the employer and the employees.
(d) The agreement of any employer to have its officers and employees and its retiring employees to be covered under the State Employees’ Health Insurance Plan shall be irrevocable except it can be terminated by the employer, by resolution of the governing body, signifying its intention and desire to withdraw from such plan in writing and delivering a copy of such resolution to the State Employees’ Insurance Board; provided, however, any officer or employee who becomes covered under such plan shall be entitled to a minimum of five consecutive years of coverage.
(e) The State Employees’ Insurance Board shall promulgate such rules and regulations as may be required for the effective administration of the provisions of this article.
(Acts 1991, No. 91-565, p. 1045, §§ 1-5.)
(a) Any member of the Legislature and the Lieutenant Governor, during their term of office, and their dependents, shall be eligible for coverage under the State Employees’ Health Insurance Plan and upon expiration of their term of office may continue such coverage for a maximum of 36 months.
(b) Preexisting conditions shall not be covered until the insured has been covered under the plan for a period of 12 months, provided, however, that any legislator enrolling within 30 days of April 23, 1990 or within 30 days of the beginning of any calendar year thereafter shall not be subject to this limitation of benefits. A preexisting condition is any condition for which the insured or their covered dependent received medical treatment, advice or consultation or received any prescribed medication within 12 months of the effective date of the insured’s coverage under the plan.
(c) The premiums for the insurance coverage for a legislator, the Lieutenant Governor and their dependents shall be paid by the individual legislator and the Lieutenant Governor.
(d) The State Employees’ Insurance Board shall promulgate such rules and regulations as may be required for the effective administration of the provisions of this section.
(Acts 1990, No. 90-649, p. 1244, §§1-4.)
Any judge of probate who qualifies to retire from active service with a benefit from the Judicial Retirement Fund or any legislator shall be entitled to participate in the State Employees’ Health Insurance Plan. The entire cost for the group health insurance during retirement for a judge of probate or for a legislator shall be paid by such retired judge or legislator under such terms and conditions as the group insurer may, from time to time, prescribe for such group health insurance.
(Acts 1994, No. 94-608, p. 1123, §1.)
(a) Notwithstanding the provisions of Section 36-29-1, an employee or executive officer of the Alabama Sports Hall of Fame Board and his or her dependents shall be eligible for coverage under the State Employees’ Health Insurance Plan and upon the expiration of the employment may continue the coverage for a maximum of 36 months.
(b) Preexisting conditions shall not be covered until the insured has been covered under the plan for a period of 12 months. An employee enrolling within 30 days of August 7, 1995 or within 30 days of the beginning of a calendar year thereafter shall not be subject to this limitation of benefits. A preexisting condition is a condition for which the insured or their covered dependent received medical treatment, advice, or consultation, or received a prescribed medication within 12 months of the effective date of the insured’s coverage under the plan.
(c) The premiums for the insurance coverage for employees, executive officers, and their dependents shall be paid pursuant to Section 36-29-7. For those purposes, the Alabama Sports Hall of Fame shall be the employer.
(d) The State Employees’ Insurance Board shall promulgate rules and regulations required for the effective administration of this section.
(Acts 1995, No. 95-728, p. 1697, §1.)
As a condition of participation in an insurance policy of the State Employees Insurance Board (SEIB) a pharmacist shall dispense a generic equivalent medication to fill a prescription for a patient covered by SEIB when one is available unless the physician indicates in longhand writing on the prescription “medically Necessary” or “dispense as written” or “do not substitute”. The generic equivalent drug product dispensed shall be pharmaceutically and therapeutically equivalent and contain the same active ingredient, or ingredients, and shall be of the same dosage, form, and strength.
(Act 2002-266, p. 549, §1.)
Reserved.
The board shall maintain records in sufficient detail to accurately determine the total health insurance costs and the contributions toward health insurance premiums by employees and retirees separately, and in composite form. Not later than 90 days after the end of each fiscal year the board shall prepare a written report that contains a calculation of the total cost of health insurance premiums for such fiscal year and the amount of contributions by employees and retirees to the cost of such health insurance premiums and the cost of such coverage that shall be paid by the employer for the next fiscal year and the total savings to the state realized by the enactment of Act 2004-646, Act 2004-647, Act 2004-648, Act 2004-649, and Act 2004-650. Such report shall contain sufficient detail to determine the total cost of health insurance premiums for each class of employees or retirees and the amount of contributions by each class of employees or retirees. Such report shall be prepared or verified by an independent firm employed by the board with skill and experience in reporting for such matters.
(Act 2004-647, 1st Sp. Sess., p. 17, §2.)
The board may no later than January 1, 2006, offer employees a supplemental coverage to other employer group health insurance coverage.
(1) For employees who have spouses with other employer group health insurance coverage available to them through their employer, or previous employer, the board may provide such employees with a supplemental coverage to the other employer group health insurance coverage in lieu of coverage in the basic medical plan of the State Employees’ Health Insurance Plan.
(2) An employer that provides its employees and their spouses with other employer group health insurance coverage may not exclude an employee, as defined under Section 36-29-1, or his or her spouse from coverage by application of a provision which does not also apply on the same terms and conditions to other employees or their spouses. No provision of this section requires an employer to amend its plan to provide additional benefits.
(Act 2004-647, 1st Sp. Sess., p. 17, §2.)
A surcharge on smokers and users of tobacco products shall be added to the employee and retiree contribution by the board to be effective October 1, 2005.
(Act 2004-647, 1st Sp. Sess., p. 17, §2.)
The board shall provide assistance to low income employees and retirees who meet the federal poverty levels defined in this section, effective October 1, 2005, and for each fiscal year thereafter.
(1) For employees and retirees who contribute to the cost of their health insurance premium and with annual income (determined as provided below on an aggregate basis for an employee or retiree and spouse) equal to or below 300 percent of the federal poverty level, the employee or retiree contribution shall be reduced as follows:
a. For employees or retirees with annual income equal to or less than 100 percent of the federal poverty level, the employee contribution will be calculated using 50 percent of the applicable premium.
b. For employees or retirees with annual income equal to or less than 150 percent of the federal poverty level, but more than 100 percent of the federal poverty level, the employee contribution shall be calculated using 60 percent of the applicable premium.
c. For employees or retirees with annual income equal to or less than 200 percent of the federal poverty level, but more than 150 percent of the federal poverty level, the employee contribution shall be calculated using 70 percent of the applicable premium.
d. For employees or retirees with annual income equal to or less than 250 percent of the federal poverty level, but more than 200 percent of the federal poverty level, the employee contribution shall be calculated using 80 percent of the applicable premium.
e. For employees or retirees with annual income equal to or less than 300 percent of the federal poverty level, but more than 250 percent of the federal poverty level, the employee contribution shall be calculated using 90 percent of the applicable premium.
(2) An application procedure shall be devised and implemented by the board through which employees and retirees may apply for the federal poverty level assistance described in this section. For purposes of applying for federal poverty level assistance, the annual income of an employee or retiree shall be aggregated with the annual income of the spouse of such employee or retiree and shall include all sources of income including, but not limited to, wages, pension benefits, and Social Security benefits, that may be included in gross income for purposes of federal income taxation. Applicants must submit with their application a copy of their federal tax return and, if the applicant did not file a joint return with his or her spouse, a copy of the spouse’s federal tax return. Any reduction in an employee’s or retiree’s contribution pursuant to this section shall not be considered income of the employee or retiree for purposes of determining Medicaid eligibility for such employee or retiree.
(Act 2004-647, 1st Sp. Sess., p. 17, §2; Act 2011-698, p. 2141, §1.)
Employee’s contribution to the health insurance premium shall be deducted from payroll on a pretax basis as permitted under Section 125 of the Internal Revenue Code. The board is authorized to transfer the necessary funds from the State Employees’ Insurance Fund to the fund established by the Flexible Employees Benefit Board for the administration of the flexible employees benefits program.
(Act 2004-647, 1st Sp. Sess., p. 17, §2.)
(a) The board shall constitute a body corporate for the purposes of management of the plan. The board shall have all powers and privileges of a corporation and may enforce all existing rights and claims, and hold its cash and securities and other property in trust for the purpose for which received; provided, however, that as an instrumentality of the state, funded by the state, the board, their officers, and their employees shall be immune from suit to the same extent as the state, its agencies, officers, and employees; provided, however, nothing in this section shall be deemed to exclude the board from the State Ethics Law, Chapter 25 of this title.
(b) A legislative advisory committee is hereby established to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed jointly by the Lieutenant Governor and the Senate President Pro Tempore. The function of the committee shall be to advise the board on matters including, but not limited to, cost containment and appropriations. Members of the committee shall be entitled to not more than regular interim committee compensation which shall be paid from funds appropriated to the Legislature.
(Act 2004-647, 1st Sp. Sess., p. 17, §2.)
(a) The board shall set forth the employer contribution to the health insurance premium for each retiree class.
(b) For employees who retire other than for disability after September 30, 2005, but before January 1, 2012, the employer contribution to the health insurance premium set forth by the board for each retiree class shall be reduced by two percent for each year of service less than 25 and increased by two percent for each year of service over 25, subject to adjustment by the board for changes in Medicare premium costs required to be paid by a retiree. In no case shall the employer contribution of the health insurance premium exceed 100 percent of the total health insurance premium cost for the retiree.
(c)(1) Except as provided in subdivision (2), for employees who retire after December 31, 2011, the employer contribution to the health insurance premium set forth by the board for each retiree class shall be reduced by four percent for each year of creditable coverage less than 25 and increased by two percent for each year of creditable coverage over 25, subject to adjustment by the board for changes in Medicare premium costs required to be paid by a retiree. In no case shall the employer contribution of the health insurance premium exceed 100 percent of the total health insurance premium cost for the retiree.
(2) Employees who retire on disability after December 31, 2011, and apply for Social Security Disability shall be exempt from this subsection for a period of two years and thereafter if the employee is approved for Social Security Disability.
(d) For employees who retire after December 31, 2011, who are not covered by Medicare, regardless of years of coverage, the employer contribution to the health insurance premium set forth by the board for each retiree class shall be reduced by a percentage equal to one percent multiplied by the difference between the Medicare entitlement age and the age of the employee at the time of retirement as determined by the board. This reduction in the employer contribution will cease upon notification to the board of the attainment of Medicare coverage.
(e) No later than October 1, 2016, the net employer contribution to the health insurance premium for employees who retire after December 31, 2011, without Medicare coverage shall not exceed the amount of the employer contribution to cover the cost of an active employee.
(f) For an employee who has elected to participate in the Deferred Retirement Option Plan (DROP) as defined under Sections 16-25-150 and 36-27-170, the date participant entered DROP is his or her retirement date for purposes of Act 2011-698 only, provided that the DROP participant: (1) Does not voluntarily terminate participation in DROP within the first three years; and (2) withdraws from service at the end of DROP participation period.
(g) Notwithstanding the provisions of subsection (a), the calculation of the employer contribution for correction officers, retiring after December 31, 2012, shall include credit for any hazardous duty time awarded under the Employees’ Retirement System or the Teachers’ Retirement System pursuant to subdivision (1) of subsection (b) of Section 36-27-59, provided that the agency from which a correctional officer retires shall reimburse the board for the cost of any credited hazardous duty time under such terms and conditions as determined by the board.
(Act 2004-648, 1st Sp. Sess., p. 28, §1; Act 2011-698, p. 2141, §1; Act 2012-394, p. 1054, §1.)
The board may offer a retiree a supplemental coverage to other employer group health insurance coverage and certain requirements shall be maintained regarding retiree health coverage and cost sharing.
(1) For employees who retire after September 30, 2005, and who become employed by an employer that provides employees at least 50 percent of the cost of single health insurance coverage and that qualify to receive other employer group health insurance coverage through that employer shall be required to use the employer’s health benefit plan for primary coverage and the State Employees’ Health Insurance Plan may provide supplemental coverage.
(2) For retirees who have spouses with other employer group health insurance coverage available to them through their employer or previous employer, the board may provide such retirees with a supplemental coverage to other employer group health insurance coverage in lieu of coverage in the basic medical plan of the State Employees’ Health Insurance Plan.
(3) An employer that provides its employees and their spouses with other employer group health insurance coverage may not exclude a retiree, as defined under Section 36-29-1(11), or his or her spouse from coverage by application of a provision which does not also apply on the same terms and conditions to other retirees or their spouses. No provision of this section requires an employer to amend its plan to provide additional benefits.
(Act 2004-648, 1st Sp. Sess., p. 28, §1.)
(a) Notwithstanding any other laws to the contrary, a spouse and dependents of a person covered under the State Employees’ Insurance Board (SEIB) health insurance plan who is killed in the line of duty or who dies as a result of an injury received in the line of duty shall continue to be covered under the SEIB plan, with the cost of continued coverage to be paid from the State Treasury.
(b) The continued coverage shall cease for the spouse if he or she remarries or obtains an alternate health insurance provider. Continued coverage shall cease for any dependent when his or her eligibility for coverage terminates.
(Act 2012-498, p. 1469, §1.)
The Legislature finds that private employers have provided their employees with flexible employee benefit plans which provide a savings both to the employer and the employee, and that the State of Alabama, its departments and agencies, may provide the same tax-effective benefits to its employees. It is, therefore, the intent of the Legislature to provide for the establishment of a “cafeteria plan” or flexible employee benefit plan in compliance with the Internal Revenue Code of 1986, with every effort being used to utilize the existing resources of the state Comptroller to implement said plan in conjunction with the Flexible Employees Benefits Board.
(Acts 1989, No. 89-644, p. 1272, §1.)
When used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) BOARD. The Flexible Employees Benefits Board.
(2) EMPLOYEE. A person who is employed by the State of Alabama, its agencies, departments, or for a county health department, and who receives his compensation through means of a state warrant drawn upon the State Treasury, or by check drawn by the Alabama State Port Authority, or from the treasury of the Department of Mental Health, other than those employees covered by the federal Railroad Retirement Act. Further, for the purposes of long-term care insurance, this definition covers any person employed by a local government in the State of Alabama.
(3) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, as amended.
(4) PARTICIPATING EMPLOYEE. An employee who elects to participate in the flexible benefit plan and meets the requirements set forth in said plan.
(5) SALARY REDUCTION AGREEMENT. A written agreement between a participating employee and a state agency, department, or county health department, whereby the employee agrees to reduce his salary by a stated amount, or an amount equal to the cost of benefits selected under a flexible employee benefit plan, and the state agency, department, or county health department agrees to contribute such amounts to cover the cost of benefits selected by the participating employee, including related administrative expenses.
(Acts 1989, No. 89-644, p. 1272, §2; Act 98-639, p. 1410, §1.)
There is hereby created the Flexible Employees Benefit Board, which shall consist of a state employee appointed by the Executive Director of the Alabama State Employees Association, the members of the State Personnel Board, and the Director of Finance. The individuals presently holding the offices shall constitute the initial membership of the board, and their successors in office, by virtue of assuming such office, shall succeed to membership on the board. The Director of Finance may designate a person to attend the meetings from time to time and to vote in his or her absence.
The board shall elect one of its members as chair of the board and another as vice chair and shall also elect a secretary who need not be a member of the board. The chair, vice chair and the secretary shall serve as officers at the pleasure of the board. A majority of the members of the board shall constitute a quorum and the affirmative vote of a majority of those members present shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board.
(Acts 1989, No. 89-644, p. 1272, §3; Acts 1996, No. 96-645, p. 1026, §1.)
The board, with the approval of the Governor, is authorized to establish a flexible employee benefit plan for state employees in compliance with Section 125 and any other applicable sections of the Internal Revenue Code. The flexible employee benefit plan may provide for payments or salary reductions for qualified benefits in accordance with Section 125 of the Internal Revenue Code, which presently include health insurance premiums, group life insurance, disability insurance, supplemental health and accident insurance, dependent care expenses, and such other types of employee benefits permitted under Section 125 and any other applicable sections of the Internal Revenue Code. Futhermore, the board may establish a long-term care plan for employees.
(Acts 1989, No. 89-644, p. 1272, §4; Act 98-639, p. 1410, §1.)
In order to carry out the provisions of the flexible employee benefit plan or any long-term care plan, or both, the board or the head of each department, agency, or county health department is authorized on behalf of the state to deduct or reduce from salary or wages amounts voluntarily designated by the employees pursuant to salary reduction agreements or benefit deduction agreements for purchasing benefits offered under the plan.
(Acts 1989, No. 89-644, p. 1272, §5; Act 98-639, p. 1410, §1.)
The board may promulgate rules and regulations concerning the selection of benefits offered and such other rules and regulations as may be required for the effective administration of this article.
(Acts 1989, No. 89-644, p. 1272, §6.)
In the event the board adopts and implements a flexible employee benefit plan which includes the offering of benefits in addition to health insurance premiums, the board is authorized to pay administrative expenses related to the plan, said funds being derived from general appropriation and/or by fees charged to the participating employees.
(Acts 1989, No. 89-644, p. 1272, §7.)
The board is authorized to establish such funds in the State Treasury as are necessary to administer said plan and may deposit as necessary in such fund or funds employee payments, amounts deducted pursuant to salary reduction agreements, and administrative fees and appropriations, if any. The board shall designate a custodian of said fund or funds who shall be authorized to make deposits into and payments therefrom in accordance with rules and regulations adopted by said board.
(Acts 1989, No. 89-644, p. 1272, §8.)
The amount by which a state employee’s salary or wage is reduced pursuant to a salary reduction agreement authorized by this article shall continue to be included as earnable compensation for the purpose of computing benefits under the state Employees’ Retirement System and/or the Teachers’ Retirement System.
(Acts 1989, No. 89-644, p. 1272, §9.)
The board and the head of each department, agency, or county health department, and their employees shall not incur any liability to any employee for errors or omissions in the performance of any agreement authorized by this article.
(Acts 1989, No. 89-644, p. 1272, §10; Act 98-639, p. 1410, §1.)
Counties, municipal corporations, county school boards and other political subdivisions in this state shall continue to have the authority to adopt flexible benefit plans for their employees, in accordance with the Internal Revenue Code, upon the adoption of any necessary local enabling ordinance or resolution.
(Acts 1989, No. 89-644, p. 1272, §11.)
(a) As used in this section, the following words shall have the following meanings:
(1) HEALTH SAVINGS ACCOUNT or HSA. A savings or other account meeting the requirements for favorable tax treatment under 26 U.S.C. §223, as amended.
(2) HIGH DEDUCTIBLE HEALTH PLAN or HDHP. That term as defined in 26 U.S.C. §223(c)(2), as amended, and any regulations promulgated thereunder.
(3) PARTICIPANT. An eligible active or retired state employee and his or her dependents as determined by the State Employees’ Insurance Board.
(b) The State Employees’ Insurance Board may offer a high deductible health plan with a federally qualified health savings account (HDHP-HSA) to eligible active and retired state employees and their dependents. A retired state employee eligible for or entitled to Medicare benefits under Title XVIII of the federal Social Security Act is not eligible to participate in the HDHP-HSA. The terms and conditions of the HDHP-HSA shall be established by the board in accordance with federal requirements and limitations.
(c) A participant in the HDHP-HSA may receive an employer contribution into the participant’s HSA from the State Employees’ Insurance Fund in an amount to be determined by the board. The employer contributions into the participant’s HSA shall not constitute compensation to an employee for the purposes of any statute fixing or limiting the compensation of the employee.
(d) A participant in the HDHP-HSA is eligible to deposit the participant’s own funds into a HSA. Each department, agency, or county health department on behalf of the state may deduct or reduce from salary or wages amounts voluntarily designated by a participant pursuant to salary reduction agreement to participate in the HDHP-HSA. The amount by which a state employee’s salary or wage is reduced pursuant to a salary reduction agreement authorized by this article shall continue to be included as earnable compensation for the purpose of computing benefits under the State Employees’ Retirement System and the Teachers’ Retirement System.
(Act 2013-245, p. 593, §1.)
(a) As used in this section, the term health reimbursement arrangement or HRA means a plan qualifying as a health reimbursement arrangement as that term is defined under IRS Notice 2002-45 and a medical reimbursement plan under Sections 105 and 106 of the Internal Revenue Code of 1986, as amended.
(b) The State Employees’ Insurance Board may offer a health reimbursement arrangement to eligible active and retired state employees and their dependents. The terms and conditions of the HRA shall be established by the board in accordance with federal requirements and limitations.
(c) Participants in the HRA are eligible to receive an employer contribution into the participant’s HRA from the State Employees Insurance Fund in an amount to be determined by the board. Employer contributions into the participant’s HRA shall not constitute compensation to an employee for the purposes of any statute fixing or limiting the compensation of the employee.
(Act 2013-245, p. 593, §2.)
In the case of any state law authorizing the assignment of benefits or a lien against benefits under a health insurance policy, the health benefits covered under any policy or plan of health insurance may not be assigned by the insured or attached by lien if the policy provides coverage for excepted benefits, as defined in Section 2791(c)(2), (3), and (4) of the Public Health Service Act.
(Act 2013-245, p. 593, §3.)
The Director of Finance shall have the authority to implement a program to provide compensation for employees of the state and its agencies, departments, boards, or commissions and members of the Alabama National Guard and Alabama State Defense Force while on active military service for the state who suffer personal injury as a result of accidents arising out of and in the course of their state employment or active military service, under such terms and conditions as the Director of Finance shall determine. The program will be administered by the Division of Risk Management of the Department of Finance, and will take effect on October 1, 1994.
(Acts 1994, No. 94-680, p. 1308, §1; Act 2012-333, p. 789, §1.)
The costs of the program and its administration shall be paid from the funds appropriated for the operation of the several state departments, agencies, boards and commissions, to which the Director of Finance may apportion the costs. Medical costs may be managed by cooperative agreement with the State Employees’ Insurance Board.
(Acts 1994, No. 94-680, p. 1308, §2.)
There is hereby established a separate special trust fund in the State Treasury to be known as the Employee Injury Compensation Trust Fund. All receipts collected under the provisions of this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Any funds unspent and unencumbered at the end of each fiscal year shall not revert to any other fund in the State Treasury but shall be carried forward to the succeeding fiscal year. All funds in the Employee Injury Compensation Trust Fund may be invested and reinvested by the Director of Finance, through the Division of Risk Management, under the same terms as apply to the State Insurance Fund. There is hereby appropriated from the Employee Injury Compensation Trust Fund such amounts as are necessary to pay claims, benefits, administrative costs, and all other costs of the program.
(Acts 1994, No. 94-680, p. 1308, §3.)
Except as provided herein, the program implemented pursuant to this chapter is not governed by or subject to the provisions of Act 92-537, or its successor, otherwise known as the Alabama Workers’ Compensation Law or any similar law. Payments made to physicians licensed to practice medicine for services to injured employees shall be in accordance with the schedule of maximum fees as established under Section 25-5-313, or as otherwise permitted under Section 25-5-314. All undisputed medical reimbursements or payments shall be made within twenty five (25) working days of receipt of claims in the form specified in Section 25-5-3. There shall be added to any undisputed medical invoice which is not paid within twenty five (25) working days an amount equal to ten (10) percent of the unpaid balance. Any regulation, policy, or program directive for the conduct of utilization review, bill screenings, and medical necessity determinations related to services provided by physicians licensed to practice medicine shall comply with the regulations promulgated by the Workers’ Compensation Medical Services Board under the provisions of subdivision (1) of Section 25-5-312. Any rules, regulations, or guidelines promulgated by the Director of Finance with respect to the establishment and operation of the program contemplated by this chapter shall be subject to the Administrative Procedure Act, and a final determination as to benefits payable under the said program shall be subject to review by the Circuit Court in Montgomery County in the manner prescribed by the Administrative Procedure Act.
(Acts 1994, No. 94-680, p. 1308, §4.)
This chapter does not affect or repeal preretirement death benefits provided by the retirement systems or benefits provided by Sections 36-30-1 through 36-30-23.
(Acts 1994, No. 94-680, p. 1308, §8.)
Neither this chapter nor any part thereof shall be construed as a waiver by the state of its sovereign immunity under the Constitution of Alabama 1901.
(Acts 1994, No. 94-680, p. 1308, §9.)
The program established by the Director of Finance pursuant to the provisions of this chapter shall not apply to the Alabama State Port Authority, nor to any educational institution, nor to any city or county board of education.
(Acts 1994, No. 94-680, p. 1308, §10.)
(a) As used in this section, the following terms shall have the following meanings:
(1) ADMINISTRATIVE LAW JUDGE (ALJ). An independent third-party hearing officer appointed by the Chief Administrative Law Judge of the Administrative Law Judge Division (Central Panel) of the office of the Attorney General.
(2) AGENCY. A department, board, bureau, commission, agency, or office of the State of Alabama.
(3) STATE EMPLOYEE. A permanent, non-probationary employee, whether in the classified or unclassified service of the State of Alabama, including, but not limited to, employees of the Department of Mental Health and Mental Retardation.
(b) Notwithstanding any other provision of law to the contrary, a state employee may specifically request that an Administrative Law Judge (ALJ) or the State Employee Injury Compensation Trust Fund Review Board hear and decide any employee dispute related to State Employee Injury Compensation Trust Fund entitlements. The request by the employee must be made in writing to the State Employee Injury Compensation Trust Fund Review Board. If the employee requests that an ALJ hear and decide the dispute, the State Employee Injury Compensation Trust Fund shall provide a copy of the employee’s request to the Administrative Law Judge Division (Central Panel) of the Office of the Attorney General within 10 business days. The request of the employee regarding the hearing must be made within 60 days of the date of the original notification of the State Employee Injury Compensation Trust Fund decision related to the employee’s claim for entitlements. The ALJ shall notify the employee and the State Employee Injury Compensation Trust Fund of the hearing in writing. Said hearing date shall be set within 10 business days of notification and shall be conducted within 90 calendar days unless the ALJ approves a request from the employee or the State Employee Injury Compensation Trust Fund to delay the hearing date. The presentations at the hearing shall follow accepted legal procedures insofar as is practical but shall not be restricted by formal legal rules of evidence and procedure. In all matters involving the employee’s claim for entitlements, due process shall be strictly adhered to. Hearings involving the employee’s claim for entitlements shall be held in accordance with the provisions of the Alabama Administrative Procedure Act. At no expense to the State Employee Injury Compensation Trust Fund or the employee’s agency, the employee shall have the right to be represented at the hearing by an attorney or other employee representative. The ALJ shall hear and decide claims for entitlements as stated herein at a rate of not less than $85.00 per hour which shall be paid by the relevant state agency. The rate shall not exceed the normal hourly rate authorized by the Governor for legal services contracts. The decision rendered by the ALJ or the State Employee Injury Compensation Trust Fund Review Board shall be within 60 days of the employee’s written request for review unless the ALJ approves a request from the employee or the State Employee Injury Compensation Trust Fund to delay the hearing date. The decision may be appealed to the Circuit Court of Montgomery County.
(Act 2000-718, p. 1540, §§1, 2.)
(a) The compensation payable under this chapter to the surviving spouse of a law enforcement officer or firefighter who dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties shall continue upon remarriage.
(b) The compensation payable under this chapter to a surviving dependent child of a law enforcement officer or firefighter who dies on or after January 1, 2018, as a result of injuries received while engaged in the performance of his or her duties shall not discontinue at least until the dependent child reaches the age of 18 years.
(Act 2018-523, §3; Act 2019-445, §1.)
(a) For the purposes of this chapter, the following words and phrases shall have the following meanings:
(1) AWARDING AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4, Chapter 9 of Title 41.
(2) COMPENSATION. The money benefits paid on account of injury or death that occurred during the course of employment or activity as a peace officer or firefighter and is in the nature of workers’ compensation.
(3) COVID-19. Coronavirus disease 2019, for which the Governor declared a public health emergency on March 13, 2020, or any mutation or variant thereof that is declared a public health emergency under the Emergency Management Act.
(4) DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over the age of 18 who is physically or mentally incapacitated from earning.
(5) DIRECT AND PROXIMATE RESULT OF A HEART ATTACK OR STROKE. Death resulting from a heart attack or stroke caused by engaging or participating in a situation while on duty involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical service, prison security, disaster relief, other emergency medical response activity, or participation in a training exercise that involved nonroutine stressful or strenuous physical activity; and the heart attack or stroke is suffered while still on that duty after so engaging or participating or not more than 24 hours after so engaging or participating.
(6) EMERGENCY MEDICAL SERVICES PERSONNEL (EMSP). Emergency medical services personnel, as defined under Section 22-18-1, that are employed by the state or a county or municipality thereof.
(7) FIREFIGHTER or FIREFIGHTERS. A member or members of a paid or volunteer fire department of a city, town, county, or other subdivision of the state or of a public corporation organized for the purpose of providing water, water systems, fire protection services, or fire protection facilities in the state; and shall include the chief, assistant chief, wardens, engineers, captains, firefighters, and all other officers and employees of such departments who actually engage in fire fighting or in rendering first aid in case of drownings or asphyxiation at the scene of action. The term also includes a firefighter who is employed by the Alabama Forestry Commission and who has been certified by the State Forester as having met the wildland firefighter training standards of the National Wildfire Coordinating Group.
(8) FIRST RESPONDER. The term includes firefighters, peace officers, rescue squad members, and emergency medical services personnel.
(9) PEACE OFFICER. All sheriffs, deputy sheriffs, constables, municipal police officers, state and town marshals, members of the highway patrol, state troopers, Alcoholic Beverage Control Board Enforcement Division agents, enforcement officers of the Public Service Commission, revenue agents, and persons who are required by law to comply with the provisions of the Peace Officers’ Minimum Standards, employees of the Board of Corrections, highway camp guards, law enforcement officers of the Department of Conservation and Natural Resources, all law enforcement officers of the Alabama Forestry Commission, livestock theft investigators of the Department of Agriculture and Industries, Capitol security guards, narcotic agents and inspectors of the State Board of Health, any other state, county, or municipal officer engaged in quelling a riot, or civil disturbance, and university police officers.
(10) RESCUE SQUAD MEMBER. A member of an organized rescue squad of a city, town, county, or other subdivision of the state or of a public corporation, organized for the purpose of providing, within the scope of his or her practice: First aid, treatment, or transport of the sick or injured; rescue or recovery operations at incidents of drowning; search and rescue of individuals lost or incapable of self rescue; or any other emergency or non-emergency incident where the services provided by the rescue squad are deemed necessary for incident stabilization. The term includes all commanders, officers, and members of organized rescue squads that are members of the Alabama Association of Rescue Squads.
(b) For the purposes of this chapter, the following described individuals shall be conclusively presumed to be wholly dependent:
(1) Spouse, unless it be shown that the spouse was voluntarily living apart from the first responder at the time of death, or unless it be shown that the first responder was not in any way contributing to the spouse’s support and had not in any way contributed to the spouse’s support for more than 12 months next preceding the occurrence of the injury causing death.
(2) Minor children under the age of 19 years and those 19 years or more if physically and mentally incapacitated from earning.
(3) Spouse, child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law who were wholly supported by a deceased first responder at the time of his or her death and for a reasonable period of time prior thereto shall be considered his or her dependents and payment of compensation may be made to them as hereinafter authorized.
(c) If a first responder dies in a manner described in Section 36-30-2 and there are no designated beneficiaries, then the compensation shall be paid to his or her dependents or partial dependents in the manner prescribed by Section 36-30-3, and if there are none, the compensation shall be paid to his or her non-dependent children, and if there are none, the compensation shall be paid to his or her parents, and if there are none, the compensation shall be paid to the estate of the deceased.
(d) Any member of the class named in subdivision (b)(3) who regularly derived part of his or her support from the earnings of the deceased first responder, as the case may be, at the time of his or her death and for a reasonable time immediately prior thereto shall be considered his or her partial dependent and payment of compensation may be made to the partial dependent as hereinafter authorized.
(Acts 1966, Ex. Sess., No. 208, p. 256, §1; Acts 1967, No. 731, p. 1566, §1; Acts 1969, No. 1130, p. 2094, §1; Acts 1975, No. 1234, p. 2595, §1; Acts 1989, No. 89-742, p. 1471, §1; Acts 1991, No. 91-682, p. 1327, §1; Acts 1995, No. 95-559, p. 1168, §1; Act 2000-761, p. 1742, §1; Act 2002-519, p. 1346, §1; Act 2003-394, p. 1132, §1; Act 2006-426, p. 1054, §1; Act 2008-480, p. 1047, §2; Act 2016-385, p. 1026, §1; Act 2021-488, §1; Act 2022-437, §1.)
(a)(1)a. In the event a first responder is killed, either accidentally or deliberately; or dies as a result of injuries received while engaged in the performance of his or her duties; or dies as a direct and proximate result of a heart attack or stroke; or within 14 calendar days after being required to report to his or her usual place of employment, he or she contracts COVID-19 between March 13, 2020, and December 31, 2022, as confirmed by a positive test or diagnosis by a licensed medical professional, and dies as a result of COVID-19 or complications therefrom, his or her beneficiaries or dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3.
b. This subsection does not apply if the first responder’s death was caused by the willful misconduct of the first responder or was due to his or her own intoxication or his or her willful failure or refusal to use safety appliances provided by his or her employer or his or her willful refusal or neglect to perform a statutory duty or any other willful violation of a law or his or her willful breach of a reasonable rule or regulation governing the performance of his or her duties or his or her employment of which rule or regulation he or she had knowledge. Notwithstanding the foregoing, for purposes of deaths caused by COVID-19, the dependents or beneficiaries of the deceased first responder shall be entitled to the compensation described in paragraph (a)(1)a. regardless of the first responder’s vaccination status against COVID-19, and regardless of whether the first responder regularly wore masks or other filtration devices in the performance of his or her duties.
(2) Any first responder whose death results proximately from an injury received while performing his or her duties, for the purposes of this article, shall be deemed to have been killed while in the performance of such duties. A volunteer firefighter or a member of an organized rescue squad who dies of cardiac arrest, cerebrovascular accident, or pulmonary edema within 24 hours after preparing to respond to a called emergency or responding to an emergency; or after serving in his or her capacity at an emergency; or after participating in a required physical training exercise shall be presumed to have died in the performance of his or her duties. If the State Health Officer determines from all available evidence that a volunteer firefighter, who is a member of an organized volunteer fire department registered with the Alabama Forestry Commission, has become totally disabled as a result of any injury received while engaged in the performance of his or her fire-fighting duties and the disability is likely to continue for more than 12 months from the date the injury is incurred, then the firefighter shall be entitled to receive disability compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3. The term total disability shall be interpreted to mean that the injured party is medically disabled to the extent that he or she cannot perform the duties of the job occupation or profession in which he or she was engaging at the time the injury was sustained. The State Health Officer may seek the assistance of any state agency in making the determination of disability and the state agencies shall cooperate with the State Health Officer in such regard. The State Health Officer shall render a decision within 30 days of the time a claim is filed. If a volunteer firefighter disagrees with any officer, he or she may appeal the determination to the State Board of Adjustment in accordance with such board’s procedures for such appeals.
(b) Beginning in calendar year 2009, the compensation amounts payable under this section shall be adjusted on January 1 of each year to reflect any increase during the preceding calendar year in the consumer price index as published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall equal the percentage change in the consumer price index during the preceding calendar year.
(c) Any person who currently serves or previously served as a firefighter or law enforcement officer who dies as a result of a firefighter’s occupational disease as defined in Section 11-43-144 or 36-30-40, or law enforcement officer’s occupational disease as defined in Section 36-30-20 shall be qualified for a state death benefit as provided in subsection (a) as if the person died in the performance of his or her duties, provided he or she satisfies the three years’ service requirement and physical examination requirements set forth in Section 11-43-144, 36-30-22, or 36-30-41, respectively.
(d) Any application for the state death benefit that was submitted during the period from April 29, 2010, until May 27, 2015, and denied because the firefighter or law enforcement officer was no longer employed on the date of death may be resubmitted based on subsection (c) within six months of May 27, 2015, and reconsidered and granted by the awarding authority.
(e) The provisions of this section as amended by Act 2021-488 shall be retroactive to any death covered by this chapter as amended after January 1, 2019.
(f) The provisions of this section as amended by Act 2022-437 shall be retroactive to any death caused by COVID-19 covered by this chapter as amended between March 13, 2020, and December 31, 2022.
(Acts 1966, Ex. Sess., No. 208, p. 256, §2; Acts 1980, No. 80-571, p. 884, §1: Acts 1984, No. 84-659, p. 1322, §1; Acts 1986, No. 86-524, p. 1015, §1; Acts 1989, No. 89-919, p. 1822, §1; Act 2006-426, p. 1054, §1; Act 2006-429, p. 1060, §1; Act 2008-480, p. 1047, §2; Act 2010-709, p. 1730, §1; Act 2015-257, p. 727, §1; Act 2016-385, p. 1026, §1; Act 2021-488, §2; Act 2022-437, §1.)
The compensation payable to surviving beneficiaries or dependents of first responders who are killed under the circumstances prescribed in Section 36-30-2 shall be paid to the beneficiaries designated by those first responders. If no beneficiaries have been designated, or if none remain, the compensation shall be paid to the persons entitled thereto without administration or to a guardian or such other person as the awarding authority may direct for the use of the persons entitled thereto, as follows:
(1) If the deceased first responder leaves a dependent spouse and no other dependents or partial dependents, the total amount of the compensation provided for in Section 36-30-2 shall be paid to the surviving spouse.
(2) If the deceased first responder leaves a dependent spouse and a dependent child or dependent children and no other dependents or partial dependents, then the total amount of the compensation provided for in Section 36-30-2 shall be paid to the surviving spouse for the benefit of herself or himself and the child or children, or, in its discretion, the awarding authority may determine what portion of the compensation shall be applied for the benefit of the child or children and may order the same paid to a guardian and then order only the remainder of the compensation paid to the surviving spouse.
(3) If the deceased first responder leaves a dependent child or children and no dependent spouse or other dependents or partial dependents, then the child or children shall be entitled to the total amount of the compensation authorized in Section 36-30-2, and the compensation shall be paid to a duly appointed guardian of the child or children or, in the discretion of the awarding authority, the sum may be paid to the judge of probate of the county of residence of the child or children. Any judge of probate who receives any monies due any child or children under this article shall handle and administer all such funds in the manner prescribed in Sections 26-7-2 through 26-7-5.
(4) If the deceased first responder leaves no dependent spouse or dependent child or children but leaves other dependents or partial dependents, then the dependents and partial dependents jointly shall be entitled to the total amount of the compensation provided in Section 36-30-2, and subject to the limitations prescribed hereinbelow, the compensation shall be paid to them in the amounts and manner ordered by the awarding authority.
(5) If a deceased first responder leaves a dependent spouse and other dependents or partial dependents but no dependent child or children, then the surviving spouse and the other dependents and partial dependents jointly shall be entitled to the total compensation provided in Section 36-30-2; and, subject to the limitations prescribed hereinbelow, the compensation shall be paid to the dependents in the proportions and in the manner ordered by the awarding authority; provided, however, that at least 50 percent of the compensation must be awarded to the dependent surviving spouse.
(6) If a deceased first responder leaves a dependent spouse and a dependent child or children and other dependents and partial dependents, then the awarding authority shall determine what portion of the compensation shall be paid to the spouse and child or children and, in its discretion, may order all of the compensation be paid to the spouse and child or children, but must provide that at least 70 percent of the compensation is paid to them.
(7) If a deceased first responder leaves a dependent child or children and other dependents and partial dependents but no dependent spouse, then the awarding authority shall determine what portion of the compensation the child or children are entitled to receive and, in its discretion, may order all of the compensation awarded to the child or children, but must award at least 60 percent of the compensation to the child or children.
(8) If a deceased first responder leaves no dependent spouse or child or children but leaves other dependents and partial dependents, the awarding authority shall determine what portion of the compensation each dependent and each partial dependent shall be entitled to receive, but the awarding authority may not award to a partial dependent a greater percent of the compensation than the percent of the deceased first responder’s average monthly income which was regularly contributed toward the partial dependent’s support for a reasonable time immediately prior to the death of the first responder. In its discretion, the awarding authority may award all of the compensation provided for in Section 36-30-2 to the total dependents of the deceased first responder to the exclusion of partial dependents.
(Acts 1966, Ex. Sess., No. 208, p. 256, §3; Act 2008-480, p. 1047, §2; Act 2016-385, p. 1026, §1; Act 2022-437, §1.)
Compensation pursuant to this article for the death of a first responder shall be paid only to his or her designated beneficiaries or dependents who at the time of the first responder’s death were residents of the United States.
(Acts 1966, Ex. Sess., No. 208, p. 256, §4; Act 2008-480, p. 1047, §2; Act 2016-385, p. 1026, §1; Act 2022-437, §1.)
(a) All claims for compensation as provided in this article shall be presented to the awarding authority within two years from the date of the death of the first responder or the claims are forfeited. All claims shall be presented in the form prescribed by the awarding authority, and proof of the facts and circumstances of the first responder’s death and, if necessary, the claimant’s relationship to and dependence upon the first responder shall be made in the manner prescribed by the awarding authority.
(b) Notwithstanding subsection (a), any person who was previously ineligible to claim the compensation provided in this article, but is now eligible to claim the compensation provided in this article because of the enactment of Act 2008-480, and who is making a claim based upon the death of a peace officer or firefighter who died on or after January 1, 2006, but prior to the enactment of Act 2008-480, shall be able to present his or her claim for compensation to the awarding authority within one year of the date of enactment of Act 2008-480 regardless of whether the claim was presented within one year from the date of the death of the peace officer or firefighter.
(c) The awarding authority may prescribe forms and adopt rules of evidence and procedure as it deems necessary or proper, not inconsistent with this article, for the proper determination of all claims for compensation under this article.
(Acts 1966, Ex. Sess., No. 208, p. 256, §5; Act 2008-480, p. 1047, §2; Act 2010-533, p. 893, §1; Act 2016-385, p. 1026, §1; Act 2022-437, §1.)
The Board of Adjustment when serving as the awarding authority under this article shall hear and determine claims for compensation under this article in the same manner prescribed by law for the hearing and determination by such board of other claims against the state. If, when acting as the awarding authority, it determines that an applicant for compensation under this article is entitled thereto, it may adjudge and order that such compensation shall be paid out of the appropriation made by Acts 1966, Ex. Sess., No. 208, p. 256 to the Board of Adjustment for the purposes of this article and, if the funds in such appropriation have been exhausted, then out of any fund or funds appropriated to the Board of Adjustment for the purposes of Article 4, Chapter 9 of Title 41.
(Acts 1966, Ex. Sess., No. 208, p. 256, §6.)
(a) This article shall not be construed to give any person a right of action against the State of Alabama in any court for the recovery of the compensation authorized by this article. This article shall not be construed to take away any right of action in any court under any other law for the recovery of damages for the death of a first responder; nor, in the event of the death of a first responder who was an employee of the State of Alabama at the time of the injury which proximately caused his or her death, shall this article be construed to take away the right or privilege of the surviving dependents of the first responder to file a claim for damages with the State Board of Adjustment pursuant to any other law.
(b) The decision of the awarding authority shall be final and shall not be subject to appeal or review by any court.
(Acts 1966, Ex. Sess., No. 208, p. 256, §7; Act 2016-385, p. 1026, §1; Act 2022-437, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) CANCER. Includes bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectum, respiratory tract, skin, testicular, and thyroid cancer, leukemia, multiple myeloma, Hodgkin’s lymphoma, and non-Hodgkin’s lymphoma.
(2) VOLUNTEER FIREFIGHTER. An individual who has been certified as a volunteer fire fighter through the Alabama Firefighters’ Personnel Standards and Education Commission or who has received an equivalent certification to qualify as a volunteer firefighter before residing in this state.
(b) The death of a volunteer firefighter resulting from cancer may be compensable as a death in the line of duty under this article if all of the following facts and circumstances are presented with a claim for compensation made by or on behalf of a beneficiary or dependent in the manner prescribed by the State Board of Adjustment:
(1) The firefighter passed a physical examination before initial certification as a volunteer firefighter which failed to reveal any evidence of cancer.
(2) The firefighter had no less than six years of service as a firefighter before receiving a diagnosis of cancer.
(3) The firefighter was an active member of a volunteer fire department as recognized by the Alabama Forestry Commission or was an active volunteer member of a combination paid and volunteer fire department in this state at the time of the onset of the symptoms that led to a diagnosis of cancer.
(4) The department for which the firefighter volunteered maintains a record indicating that the fire suppression events in which the firefighter participated exposed the firefighter to a known carcinogen.
(c)(1) The provisions of this article shall govern any claim for compensation arising from this section.
(2) If a known carcinogen to which a volunteer firefighter was exposed while in the line of duty is reasonably linked to the type of cancer that resulted in the death of the firefighter, the cancer shall be presumed to arise out of and in the course of the firefighter’s volunteer service, unless the state demonstrates by a preponderance of the evidence that the cancer was caused by some other means.
(d) Where any provision of this section may be in conflict with any provision of this article the provision of this section will be given effect.
(Act 2025-556, §1.)
When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BENEFIT. Any monetary allowance payable to a law enforcement officer by a city or county or by the state or from a pension system established for the law enforcement officers of a city or county or the state on account of his or her disability or to his or her dependents on account of his or her death, irrespective of whether the same is payable under a pension law of the state or under some other law of the state.
(2) DISABILITY. Disability to perform duties as a law enforcement officer.
(3) LAW ENFORCEMENT OFFICER. A full-time law enforcement officer with the power of arrest who is employed with any state agency, department, board, commission, or institution or a full-time law enforcement officer employed by any municipality or county within this state.
(4) LAW ENFORCEMENT OFFICER’S OCCUPATIONAL DISEASE. Any condition or impairment of health caused by any of the following:
a. Hypertension.
b. Heart disease.
c. Respiratory disease.
d. Cancer which manifests itself in a law enforcement officer during the period in which the law enforcement officer is in the service of the city, county, or state, provided the law enforcement officer demonstrates by sufficient evidence that he or she was exposed, while in the employ of the city, county, or state to a known carcinogen which is reasonably linked to the disabling cancer, unless the employing entity demonstrates by sufficient evidence that the cancer may have been caused by some other means.
e. HIV which manifests itself in a law enforcement officer during the period in which the law enforcement officer is in the service of the city, county, or state, provided the law enforcement officer demonstrates by sufficient evidence that he or she was exposed to HIV while in the line and scope of his or her employment with the employing entity unless the employing entity demonstrates by sufficient evidence that the HIV may have been caused by some other means.
f. Hepatitis which manifests itself in a law enforcement officer during the period in which the law enforcement officer is in the service of the city, county, or state, provided the law enforcement officer demonstrates by sufficient evidence that he or she was exposed to hepatitis while in the line and scope of his or her employment with the employing entity unless the employing entity demonstrates by sufficient evidence that the hepatitis may have been caused by some other means.
(Acts 1971, No. 1213, p. 2115, §1; Acts 1981, No. 81-661, p. 1077, §1; Act 2012-549, p. 1620, §1.)
(a) If a law enforcement officer who qualifies for benefits under the provisions of this article suffers disability as a result of a law enforcement officer’s occupational disease, his or her disability shall be compensable the same as any service-connected disability under any law which provides benefits for the law enforcement officer or, if a state law enforcement officer, under the state Employees’ Retirement System, the same as if injured in the line of duty. If a law enforcement officer who qualifies for benefits under the provisions of this article dies as a result of a law enforcement officer’s occupational disease, his or her death shall be compensable to the same extent as the death of a law enforcement officer killed in the line of duty; provided, that this article shall not apply to any municipality which has elected to be covered by the workers’ compensation laws of this state.
(b) In order to qualify for benefits under the provisions of this article based on a law enforcement officer’s occupational disease caused by cancer, HIV, or hepatitis, the law enforcement officer shall demonstrate by sufficient evidence all of the following:
(1) That the disease was caused by significant exposure to an agent known to cause the disease according to current medical literature and research.
(2) The exposure occurred while the claimant was acting in the line and scope of employment as a law enforcement officer.
(3) The exposure to the causative agent must be in excess of that experienced by the general population.
(c) Any sudden exposure to a causative agent from a single event shall be reported by a claimant to his or her supervisor within five days of the occurrence of exposure if it is reasonable to believe the claimant was aware of both his or her exposure to the agent and of the hazardous and harmful effects of the sudden exposure to the agent.
(d) If an occupational disease results from long term exposure to a causative agent, rather than from a single event, a claimant shall notify his or her supervisor, within 90 days of a conclusive medical diagnosis of the occupational disease and the determination by a medical doctor that the diagnosis is, or may be, linked to the exposure.
(Acts 1971, No. 1213, p. 2115, §4; Act 2012-549, p. 1620, §1.)
The provisions of this article shall apply to a law enforcement officer who, upon entering the service of the city or county as a law enforcement officer, has successfully passed a physical examination which failed to reveal any evidence of a law enforcement officer’s occupational disease and who has completed at least three years’ service as a law enforcement officer, provided a physical examination was required at the time of entry into service, and shall apply to a state law enforcement officer who, upon entering the service of the state as a law enforcement officer, successfully passed a physical examination which failed to reveal any evidence of a law enforcement officer’s occupational disease and who has completed no less than three years’ service as a state law enforcement officer.
(Acts 1971, No. 1213, p. 2115, §2; Act 2012-549, p. 1620, §1.)
(a) If a physical examination was not required at the time of entry into service, a policeman or state trooper who has had at least three years’ continuous service as a policeman or state trooper next preceding September 8, 1967, shall be deemed eligible for benefits under the provisions of this article.
(b) If a physical examination was not required at the time of entry into service, a law enforcement officer who became covered by this article pursuant to Act 2012-549 who has had at least three years’ continuous service as a law enforcement officer next preceding August 1, 2012, shall be eligible for benefits under the provisions of this article provided the eligibility requirements as provided in subdivision (4) of Section 36-30-20 are met.
(c) The provisions of this article shall not affect or modify the Workers’ Compensation Law except that no county or municipal law enforcement officer who receives benefits under this article may receive benefits under the Workers’ Compensation Law for the same occupational disease.
(Acts 1971, No. 1213, p. 2115, §3; Act 2012-549, p. 1620, §1.)
THIS ACT WAS AMENDED BY ACT 2026-353, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
As used in this article, the following terms shall have the following meanings:
(1) BENEFIT. Any monetary allowance payable by the state for a firefighter on account of his or her disability or to his or her dependents on account of his or her death, irrespective of whether the same is payable under a pension law of the state or under some other law of the state.
(2) DISABILITY. Disability to perform duties as a firefighter.
(3) FIREFIGHTER. A person employed as a firefighter by the state.
(4) FIREFIGHTER’S OCCUPATIONAL DISEASE. Any condition or impairment of health caused by any of the following:
a. Hypertension.
b. Heart disease.
c. Respiratory disease.
d. Cancer which manifests itself in a firefighter during the period in which the firefighter is in the service of the state, provided the firefighter demonstrates that he or she, while in the employ of the state, was exposed to a known carcinogen which is reasonably linked to the disabling cancer, and the cancer shall be presumed to arise out of and in the course of the firefighter’s employment unless the state demonstrates by a preponderance of the evidence that the cancer was caused by some other means.
e. HIV which manifests itself in a firefighter during the period in which the firefighter is in the service of the state, provided the firefighter demonstrates by sufficient evidence that he or she was exposed to HIV while in the line and scope of his or her employment with the state.
f. Hepatitis which manifests itself in a firefighter during the period in which the firefighter is in the service of the state, provided the firefighter demonstrates that he or she was exposed to hepatitis while in the line and scope of his or her employment with the state.
(Act 2012-559, p. 1643, §1.)
THIS ACT WAS AMENDED BY ACT 2026-353, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
(a) This article shall apply to firefighters who, upon entering the service of the state as firefighters, have successfully passed a physical examination which failed to reveal any evidence of a firefighter’s occupational disease and who have completed at least three years’ service as firefighters. If a physical examination was not required at the time of entry into service, a firefighter who completes an exam by January 1, 2013, shall be deemed eligible for benefits under this section.
(b) If a firefighter who qualifies for benefits under Chapter 29A, or any other law, suffers disability as a result of a firefighter’s occupational disease, his or her disability shall be compensable the same as any service-connected disability under any law which provides benefits for firefighters of the state injured in the line of duty. If a firefighter who qualifies for benefits under this section dies as the result of a firefighter’s occupational disease, his or her death shall be compensable to the same extent as the death of a firefighter killed in the line of duty, and the firefighter shall be considered to have been killed in the line of duty for purposes of Sections 36-30-1 to 36-30-7, inclusive.
(c) In the case of an occupational disease as defined in this article, the state must prove by a preponderance of the evidence that the condition was caused by some means other than the occupation to disqualify the firefighter from benefits.
(Act 2012-559, p. 1643, §2.)
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) CANCER. Includes bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectum, respiratory tract, skin, testicular, and thyroid cancer, leukemia, multiple myeloma, Hodgkin’s lymphoma, and non-Hodgkin’s lymphoma.
(2) CAREER FIREFIGHTER. Any person employed with the state, a county or municipal government, an airport authority, or a fire district who has obtained certification as a firefighter through and as defined by the Alabama Firefighters’ Personnel Standards and Education Commission, or a firefighter employed by the Alabama Forestry Commission who has been certified by the State Forester as having met the wild land firefighter training standard of the National Wildfire Coordinating Group, and is offered typical employment benefits, including health insurance coverage.
(3) CERTIFIED VOLUNTEER FIREFIGHTER. Any person who is an active member of a volunteer or combination career and volunteer fire department, as recognized by the Alabama Forestry Commission, and who has obtained certification as a volunteer firefighter through and as defined by the Alabama Firefighters’ Personnel Standards and Education Commission, who may or may not receive remuneration for firefighting activities, but is not offered typical employment benefits, including health insurance coverage.
(4) NON-CERTIFIED VOLUNTEER FIREFIGHTER. Any person who is an active member of a volunteer or combination career and volunteer fire department, as recognized by the Alabama Forestry Commission, and who has not obtained certification as a volunteer firefighter through and as defined by the Alabama Firefighters’ Personnel Standards and Education Commission, who may or may not receive remuneration for firefighting activities, but is not eligible for typical employment benefits, including health insurance coverage.
(5) PAID FIRE DEPARTMENT. Any department or division of the state, a county or municipal government, an airport authority, or a fire district with paid employees assigned firefighting duties.
(6) VOLUNTEER FIRE DEPARTMENT. A group of area residents organized to provide fire protection and recognized by the Alabama Forestry Commission as a volunteer fire department.
(b) A paid fire department shall provide and maintain sufficient insurance coverage on each career firefighter to pay claims for cancer diagnosed after the career firefighter has served 12 consecutive months. The insurance benefits required by this section shall include, but not be limited to, both of the following:
(1) One of the following lump sum benefits:
a. A lump sum benefit of twenty-five thousand dollars ($25,000), subject to limitations specified in the insurance contract and payable to the firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that any of the following apply:
Surgery, radiotherapy, or chemotherapy is medically necessary.
There is metastasis.
The firefighter has terminal cancer, is expected to die within 24 months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy.
b. A lump sum benefit of six thousand two hundred fifty dollars ($6,250), subject to limitations specified in the insurance contract and payable to the firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that any of the following apply:
There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary.
There are malignant tumors which are treated by endoscopic procedures alone.
There are malignant melanomas.
There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy.
c. The combined total of all benefits received under this subdivision by a firefighter during his or her lifetime may not exceed fifty thousand dollars ($50,000).
(2) Payable as a result of a specific injury or illness, to begin six months after the disability and submission to the insurance carrier or other payor of acceptable proof of disability precluding service as a firefighter, and continuing for up to 36 consecutive monthly payments, one of the following:
a. For a career firefighter, a monthly benefit of three thousand dollars ($3,000).
b. For a certified volunteer firefighter, a monthly benefit of three thousand dollars ($3,000).
c. For a non-certified volunteer firefighter, a monthly benefit of one thousand five hundred dollars ($1,500).
(3) The benefit provided by subdivision (2), as applicable, shall be subordinate to any other benefit actually paid to the firefighter for the disability from any other source, not including insurance purchased solely by the firefighter, and shall be limited to the difference between the amount of the other paid benefit and the amount specified under subdivision (2), as applicable.
(4) A career firefighter may elect to be voluntarily excluded from the insurance coverage provided by this section. A voluntary exclusion may not be coerced by the employer and shall be presented to the employer in writing. A voluntary exclusion may be revoked at any time. If a voluntary exclusion is revoked by a career firefighter, a consecutive 12-month eligibility period shall be completed.
(c)(1) Any insurer who provides coverage under this section shall make all coverage in subsection (b) available to any volunteer firefighter who has served 12 consecutive months.
(2) Coverage premiums extended to a certified volunteer firefighter shall be consistent with premiums extended to a career firefighter. Coverage premiums extended to a non-certified volunteer firefighter shall appropriately reflect the reduced coverage in paragraph c. of subdivision (2) of subsection (b).
(3) A certified volunteer firefighter or a non-certified volunteer firefighter shall have completed a medical physical and physical statement as required for certification by the Alabama Firefighters’ Personnel Standards and Education Commission prior to coverage issuance.
(4) A volunteer fire department is not required to provide or maintain sufficient insurance coverage for either a certified volunteer firefighter or a non-certified volunteer firefighter. An individual certified volunteer firefighter or non-certified volunteer firefighter may elect to purchase the appropriate supplemental benefits coverage at his or her own expense. Notwithstanding any law to the contrary, nothing in this subsection prevents a volunteer fire department, a county or regional association of volunteer fire departments, a municipality, or any combination of these, from optionally contributing in part or in whole to the premiums of an individual certified volunteer firefighter or non-certified volunteer firefighter.
(d)(1) In the event a career firefighter is employed for firefighting activities by multiple fire departments simultaneously, the primary employer shall be responsible for the requirements of subsection (b). The primary employer shall be identified as the employer who provides primary health insurance benefits to the career firefighter.
(2) With the exception of the benefit provided by paragraph (b)(2)a., any person who was simultaneously a member of more than one fire department at the time of diagnosis may not be entitled to participate in multiple coverages or to receive benefits under this section from or on behalf of more than one of the fire departments.
(3) Any member who received benefits under subdivision (2) of subsection (b) may be required to have his or her condition reevaluated, and in the event a reevaluation reveals that the person has regained the ability to perform duties as a firefighter, then his or her benefits under subdivision (2) of subsection (b) shall cease.
(4) Benefits under subdivision (2) of subsection (b) shall also cease upon the death of the person.
(5) Any firefighter, after at least one year of coverage under this section, who departs from employment, ceases to be an active volunteer, or retires, shall be entitled to continue his or her coverages under this section through a continuation of or conversion to individual coverage. The premium cost for individual coverage shall be equivalent to the current cost of active firefighters.
(e) In addition to any other purpose authorized by law, a county governing body or a municipal governing body may use proceeds from county and municipal taxes not earmarked for other purposes for the purposes of providing insurance to a career firefighter at a paid fire department pursuant to this section.
(f) Any funds received as premiums for the coverages provided by this section may not be subject to any premium taxes otherwise required by law.
(g) The computation of premium amounts by an insurer for the coverages under this section shall be subject to generally accepted adjustments from insurance underwriting.
(h) The Alabama Firefighters’ Personnel Standards and Education Commission may adopt rules as are reasonable and necessary to implement this section.
(i) Both of the following are exempt from state income tax:
(1) The payments received by a firefighter pursuant to this section, to any extent the amounts are included in the federal adjusted gross income of the taxpayer and are not otherwise exempt under any other law.
(2) An amount equal to 100 percent of any premium paid by the individual taxpayer during the taxable year for coverage pursuant to this section, to any extent any deduction has not been included in the federal adjusted gross income of the taxpayer and the amount is not otherwise deductible under any other law.
(j)(1) A paid fire department is not liable under Chapter 5 of Title 25 to a firefighter who elects to receive benefits under this section.
(2) The exemption from liability provided by this section is based on the specific diagnosis for which the firefighter elects to receive benefits.
(Act 2019-361, §§1, 2.)
Each governing body in the State of Alabama including the council, commission or similar governing body of each municipal corporation, the board of directors of each incorporated municipal board, the county commission of each county, the board of education of each city, the board of education of each county, the board of directors of each county or municipal hospital, each gas district, any other county or municipal public corporation, agency or authority and the board of trustees, board of managers, board of control or similar governing body of each state agency or institution of education, learning, training or correction or for the delinquent, insane, sick, deaf, dumb, blind, needy, juvenile or aged, now existing or established after September 16, 1963, may designate a bank (whether a national bank or banking association or a banking or trust company operating under the jurisdiction of the Superintendent of Banks of the State of Alabama) having its principal office in the State of Alabama, having capital, surplus and undivided profits of not less than $1,000,000.00 and having trust powers as trustee to administer funds of any pension and retirement fund established by the governing body and may prescribe such powers and duties in the trustee, including investing, reinvesting and holding the funds and carrying out other duties of administration of the fund as the governing body may deem expedient.
(Acts 1963, No. 540, p. 1158, §1.)
The governing bodies may pay the trustee a reasonable compensation either out of the fund administered by the trustee or out of the general funds of the governing bodies.
(Acts 1963, No. 540, p. 1158, §2.)
This chapter shall apply to each and every retirement and pension plan enacted by the Legislature of the State of Alabama which does not specifically designate a trustee, board of trustees, committee or other person or persons to administer, invest, reinvest, hold or dispense funds of the retirement and pension plan; and this chapter shall apply to each and every retirement and pension plan enacted by the Legislature of the State of Alabama which designates a pension board or other person or persons whose powers and duties with respect to the retirement and pension plan are limited to dispensing benefits and to handling administrative duties which exclude investing, reinvesting and holding funds of the retirement and pension plan.
(Acts 1963, No. 540, p. 1158, §3.)
For the purpose of this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates the contrary:
(1) ALABAMA FIRE COLLEGE. The independent public institution of postsecondary education established by this chapter and operated under the general control and supervision of the Alabama Firefighters’ Personnel Standards and Education Commission for the purposes of educating, training, and certifying firefighters and trainees in fire prevention and suppression, emergency medical services, and related fields. All assets owned by the Alabama Fire College and the Alabama Firefighters’ Personnel Standards and Education Commission, upon passage of Act 2012-207, shall remain the property of the state and shall be titled in the name of the Alabama Firefighters’ Personnel Standards and Education Commission.
(2) COMMISSION. The Alabama Firefighters’ Personnel Standards and Education Commission established by this chapter.
(3) COMMITTEE. The Joint Legislative Oversight Committee of the Alabama Firefighters’ Personnel Standards and Education Commission established by this chapter.
(4) FIRE-FIGHTING AGENCY. Any agency charged with the responsibility of detecting, combating, and preventing damage to property and lives by fires, but excluding the Alabama State Forestry Commission.
(5) FIRE PROTECTION PERSONNEL and FIREFIGHTER. Any person permanently employed in fire administration, fire prevention, fire suppression, fire education, arson investigation, and emergency medical services, but excluding employees of the Alabama State Forestry Commission.
(6) VOLUNTEER FIREFIGHTER. Any person who is not permanently employed as fire protection personnel or firefighter but who otherwise engages in fire administration, fire prevention, fire suppression, fire education, arson investigation, and emergency medical services.
(7) TRAINEE. A firefighter who has not been certified by the commission as having met the minimum basic training as set forth by Section 36-32-7 and by the rules and regulations adopted by the commission.
(8) SCHOOL. Any school located within the State of Alabama whether privately or publicly owned which offers a course in fire protection training or related subjects and which has been approved by the commission.
(9) STATE. The State of Alabama.
(Acts 1975, No. 863, p. 1701, §1; Acts 1979, No. 79-759, p. 1352, §1; Acts 1980, No. 80-809, p. 1669, §1; Acts 1988, No. 88-663, p. 1064, §1; Act 2012-207, p. 340, §1.)
(a) The Alabama Firefighters’ Personnel Standards and Education Commission shall consist of nine members, each of whom shall be a qualified elector of the state who is over 18 years of age. The Professional Firefighters Association of Alabama shall appoint one certified firefighter to serve for a term of four years; the Alabama Firefighter’s Association shall appoint one certified firefighter to serve for a term of four years; the Alabama Association of Fire Chiefs shall appoint one certified firefighter to serve for a term of four years; the Alabama Association of Volunteer Fire Departments shall appoint one certified volunteer firefighter to serve for a term of four years; the Presiding Officer of the Senate shall appoint one certified firefighter who is experienced in the mentorship and training of aspiring firefighters to serve for a term of four years; the Presiding Officer of the Senate shall appoint one certified volunteer firefighter who is experienced in the mentorship and training of aspiring volunteer firefighters to serve for a term of four years; the state Fire Marshal or his or her designee shall serve as a member; the Lieutenant Governor shall appoint one member; and the Governor shall appoint one member. The members appointed by the Lieutenant Governor and the Governor shall each serve for terms of four years.
(b) Should a vacancy occur during the term of a commission member, the original appointing authority shall appoint a replacement to serve for the remainder of the term. Each appointee shall be confirmed by the Senate before the appointee becomes a member of the commission. Except for the state Fire Marshal, no commissioner who is then serving on the commission or whose term has just expired shall be required to be reconfirmed for a new term. Each member of the commission shall serve until his or her successor is confirmed by the Senate. If the Senate rejects the appointee, the appointing authority shall make a replacement appointment. No commissioner may serve more than two consecutive terms.
(c) The members may adopt bylaws to govern the organization of the commission, its meetings, and activities, provided that the bylaws shall not conflict with this chapter.
(d) The appointing authorities shall coordinate their appointments to assure that the membership of the commission is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(Acts 1975, No. 863, p. 1701, §2; Acts 1980, No. 80-809, p. 1669, §1; Acts 1988, No. 88-663, p. 1064, §2; Act 2012-207, p. 340, §1; Act 2024-306, §1.)
(a) The commission shall elect a chairman and a vice-chairman from among its members at the first regular quarterly meeting of the calendar year.
(b) The commission may do all of the following:
(1) Organize the Alabama Fire College by appointing an executive director, assistant directors, and such officers as the interest of the Alabama Fire College may require.
(2) Remove the executive director or any assistant or other officer.
(3) Fix, increase, or reduce the compensation of the executive director or any assistant or other officer.
(4) Institute, regulate, alter, or modify the government of the Alabama Fire College as the commission may deem advisable.
(5) Prescribe courses of instruction related to the mission of the Alabama Fire College.
(6) Establish the cost of any prescribed course of study related to the mission of the Alabama Fire College.
(7) Confer certifications as are usually conferred by similar institutions related to the mission of the Alabama Fire College.
(c) The commission may delegate to the executive director such powers and functions in the administration of the affairs of the fire college as the commission may deem proper, including the hiring, firing, dismissal, nonrenewal, discipline, promotion, and supervision of any employee of the Alabama Fire College and of the commission. The commission may direct the executive director to coordinate the certification of any person regulated by the commission, to conduct investigations and fulfill other duties as provided in Section 36-32-5, and to provide any technical assistance programs. The commission shall set the salaries of the faculty, administrative personnel, and support staff subject to the salary schedule adopted by the commission. The salary schedule adopted by the commission shall be identical to the salary schedule adopted by the State Board of Education for employees of state community and technical colleges. The State Board of Education may not be held liable for the failure of the commission to adopt such salary schedule. Employees of the commission shall participate in the Teachers’ Retirement System of Alabama, subject to all rules, regulations, and conditions thereof and shall be considered employees as defined in subdivision (1) of Section 16-25A-1. In the event an employee of the commission is receiving a monthly benefit from the Teachers’ Retirement System by virtue of his or her retirement from employment with the commission, he or she shall be considered a retired employee as defined in subdivision (2) of Section 16-25A-1, allowing participation in the Public Education Employees’ Health Insurance Plan, as established in Chapter 25A of Title 16.
(d) Members of the commission shall receive fifty dollars ($50) per diem for attending meetings of the commission, plus travel expenses as provided for by state travel law, provided funds are available.
(e) The commission, the Department of Postsecondary Education, and any institution of postsecondary education may contract with the commission for the provision of services to students or for the fulfillment of the educational mission of the Alabama Fire College. The commission shall report annually to independent auditors employed by the commission all expenditures and revenues. The independent auditor shall be secured by the commission through a competitive bid process. In addition to an independent audit, the commission shall also report annually to the Chief Examiner all expenditures and revenues. The commission shall be audited by the Department of Examiners of Public Accounts in accordance with Section 41-5-14. The findings of both audits shall be reported to and reviewed by the Joint Legislative Oversight Committee of the Alabama Firefighters’ Personnel Standards and Education Commission.
(f) Nothing in this chapter shall be construed to alter, amend, modify, repeal, or affect in any way the provisions in Chapter 18 of Title 22 or to prohibit or limit in any way the authority of the Alabama Department of Public Health to establish standards for the training, qualification, scope of privilege, certification, licensing of emergency medical services personnel and for the operation, design, equipment and licensing of ambulances, and ambulance service operators. The commission may authorize the Alabama Fire College to provide education and training to firefighters and trainees in emergency medical services, but only in a manner that complies with Chapter 18 of Title 22 and the rules of the State Board of Health.
(g) The commission may not move its facilities unless authorized by an act of the Alabama Legislature.
(Acts 1975, No. 863, p. 1701, §3; Acts 1978, No. 778, p. 1140, §1; Acts 1980, No. 80-809, p. 1669, §1; Acts 1988, No. 88-663, p. 1064, §3; Act 2012-207, p. 340, §1.)
(a) Beginning January 1, 2025, the Alabama Firefighters’ Personnel Standards and Education Commission shall: (i) within six months of a fire-protection personnel becoming certified, require him or her to complete one hour of training on interacting with individuals with sensory needs or invisible disabilities; and (ii) require each fire-protection personnel and certified volunteer firefighter to complete one hour of training on interacting with individuals with sensory needs or invisible disabilities every other year.
(b)(1) The Alabama Firefighters’ Personnel Standards and Education Commission shall collaborate with a nonprofit entity that provides training on individuals with sensory needs or invisible disabilities to administer the training required by this section. The entity shall provide the required training related to individuals with sensory needs or invisible disabilities without compensation. The training may be provided in person or online. The commission shall ensure the entity chosen to administer the training annually reviews and updates the training to include changes and trends relating to individuals with sensory needs or invisible disabilities.
(2) The training requirements of this section only apply if the company that the commission collaborates with pursuant to subdivision (1) provides the training without compensation.
(c) The training requirements of subsection (a) do not apply to employees of the Alabama State Forestry Commission.
(d) This section shall not be construed to eliminate, alter, or otherwise modify any immunity regarding fire-protection personnel or certified volunteer firefighters established under the constitution and laws of this state.
(Act 2024-81, §2.)
The commission shall meet in regular session quarterly at a time and place in the State of Alabama to be designated in its bylaws. Special meetings may be called by the chairman, the vice-chairman or any three members by giving notice of the time, place and purpose of such special meeting at least five days before it is to be held, to each member of the commission. Such notice may be waived by all members of the commission, either before or after a special meeting. The commission shall adopt an official seal and the executive director shall be custodian of the seal and shall have authority to affix the seal to agreements and obligations of the commission. A quorum shall be a majority of the commission members. The Governor shall summon the commission to its first meeting.
(Acts 1975, No. 863, p. 1701, §4; Acts 1978, No. 778, p. 1140, §1; Acts 1980, No. 80-809, p. 1669, §1.)
The commission shall have the following functions and duties together with all powers necessary or convenient for the performance thereof:
(1) To study, obtain data, statistics, and information and make reports concerning the recruitment, selection, and training of fire-protection personnel in the state; to make recommendations for improvement in methods of recruitment, selection, and training of such personnel.
(2) To recommend minimum curriculum requirements for schools operated for the specific purpose of training firefighter recruits or fire-protection personnel.
(3) To consider, hold public hearings on, adopt, and promulgate such standards relating to trainees as fire-protection personnel as set forth by the commission.
(4) To consult and coordinate through memorandum of agreement or understanding when applicable with any fire-fighting agency, university, college, community college, the federal government or any branch thereof, or other educational institution concerning the provision of or development anywhere of, or both, firefighter training schools and programs of courses of instruction, including, but not limited to, education and training in the areas of fire science, fire technology, fire administration, and all allied and supporting fields, including travel out of the State of Alabama, for business, administrative, and instruction purposes which shall be authorized only by the commission and shall be allowed under the same conditions as for state officers and employees pursuant to Section 36-7-21.
(5) To encourage the establishment of fire-fighting training schools and courses on fire fighting in the educational institutions in the state.
(6) To gather statistics and data and make reports concerning the training of fire-protection personnel and their accomplishments.
(7) To certify fire-fighting training and education programs as having attained the minimum required standards prescribed by such commission.
(8) To certify fire-protection personnel in respect to their competence to perform fire service duties at various defined levels of responsibility as prescribed by such commission.
(9) To direct research in the field of fire fighting and prevention and to accept gifts and grants for such purposes.
(10) To consult with national fire service organizations or agencies concerning the training and certification of fire-protection personnel in the state.
(11) To establish and utilize testing procedures and levels of grading which are consistently uniform with the standard prescribed by such commission.
(12) To make investigation to determine whether the requirements of this chapter and the rules, regulations, and standards of the commission issued pursuant to this chapter are being observed and followed.
(13) To recommend to the Attorney General, the district attorneys and other appropriate officials measures for the enforcement of the requirements of this chapter and the rules, regulations, and standards issued by the commission pursuant to this chapter.
(14) To enter into cooperative agreements with state and local fire-fighting agencies for the effective coordination of fire-fighting training in the state.
(15) To obtain the services and advice of experts in the field of fire-fighting for the purpose of aiding the commission in its studies, consideration, reports and recommendations, and the adoption of standards, rules, and regulations.
(16) To promote the participation of local fire-fighting agencies in the programs established by the commission.
(Acts 1975, No. 863, p. 1701, §5; Acts 1979, No. 79-759, p. 1352, §2; Acts 1980, No. 80-809, p. 1669, §1; Act 2012-207, p. 340, §1.)
Regulations proposed by the commission shall, before becoming effective, be distributed to each fire-fighting agency, the Professional Firefighters’ Association of Alabama, the Alabama Association of Fire Chiefs, the Alabama Firemen’s Association, and such other organizations of fire-fighting personnel as may be formed or organized from time to time. Such agencies and organizations shall be given a period of at least 45 days to comment upon such regulations before their final adoption by the commission. All bylaws of the commission and its regulations shall be kept current and shall be available to the public at all times.
(Acts 1975, No. 863, p. 1701, §6; Acts 1980, No. 80-809, p. 1669, §1.)
(a) Applicability. The minimum standards provided in this section shall apply to trainees who are to be employed as fire-protection personnel by a public fire-fighting agency. No city or fire-fighting agency which provides fire protection to the public shall permanently employ any trainee as fire-protection personnel who has not met the requirements of this section. Provided, however, no fire prevention inspector, fire protection engineer, public fire and life safety educator, public safety dispatcher, or person whose duties are solely clerical or secretarial in nature employed as fire-protection personnel by the fire-fighting agency of any Class 1 municipality shall be required to meet the minimum physical requirements as a trainee for firefighter as prescribed by the commission.
(b) Employment and qualifications. The trainee shall be certified by a licensed practicing physician as satisfactory by the appointing authority designated as in good health and physically fit for the performance of his duties as a firefighter and shall meet the employment qualifications of the appointing authority.
(c) Training.
(1) FIRE-PROTECTION PERSONNEL. Prior to permanent employment, or a period not exceeding 12 months after the date of employment, the trainee shall have met the requirements for certification as prescribed by the commission. Training shall be given by an instructor certified by the Alabama Firefighters’ Personnel Standards and Education Commission and the training may be administered within the department in which the applicant seeks to serve, if the department meets the requirements of the commission for a training center. Upon the completion of training, the commission shall administer a comprehensive written test to each applicant; and each applicant must pass the test as a condition of completion of such training.
(2) VOLUNTEER FIREFIGHTER. A volunteer firefighter may be certified by the commission as a volunteer firefighter if the volunteer firefighter shall have met the training requirements prescribed by the commission. Provided, the training is conducted by an instructor certified by and in facilities approved by the commission. The training need not be during continuous sessions but may be scheduled at different intervals during a period not exceeding 24 months for a total of 160 hours. This subdivision shall not be construed as to mandate training for volunteer firefighters, except for purposes of certification.
(Acts 1975, No. 863, p. 1701, §7; Acts 1977, No. 700, p. 1238, §1; Acts 1978, No. 778, p. 1140, §1; Acts 1979, No. 79-759, p. 1352, §3; Acts 1980, No. 80-809, p. 1669, §1; Act 2006-594, p. 1623, §2.)
Any person who shall permanently employ any trainee who, to the knowledge of the employer, fails to meet the minimum standards provided in Section 36-32-7 or the standards, rules and regulations issued by the commission under this chapter, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $1,000.00.
(Acts 1975, No. 863, p. 1701, §8; Acts 1980, No. 80-809, p. 1669, §1.)
There is hereby established and created in the Treasury of the state the Alabama Firefighters’ Personnel Standards and Education Fund.
The commission may accept grants from the federal government, its departments and agencies as well as grants and appropriations by the state, any county or municipality or any individual, corporation or fund. All grants and appropriations to the state for work within the functions and duties of the commission and all grants and appropriations to the commission shall be paid into the fund.
(Acts 1975, No. 863, p. 1701, §9.)
The governing body of each incorporated city or town and the governing body of each county of the state is hereby authorized to appropriate any funds not otherwise appropriated to or for the benefit of the commission and its work. All such appropriations shall be paid into the fund.
(Acts 1975, No. 863, p. 1701, §10.)
Each fire-fighting agency in the state is hereby authorized to make agreements and arrangements for cooperation and mutual assistance in fire-fighting training, with the commission and with each other.
(Acts 1975, No. 863, p. 1701, §11; Acts 1980, No. 80-809, p. 1669, §1.)
Except as expressly provided in this chapter, nothing contained in this chapter shall be deemed to limit the powers, rights, duties and responsibilities of municipal governments, nor to affect other laws now in effect.
(Acts 1975, No. 863, p. 1701, §12.)
(a) There is created the Joint Legislative Oversight Committee of the Alabama Firefighters’ Personnel Standards and Education Commission. The committee shall be composed of three members of each house. The senator and the representative from the districts where the Alabama Fire College is located shall be members of the committee. The remaining members shall be appointed by the Speaker of the House and the President Pro Tempore of the Senate. The chair and vice chair of the oversight committee shall be elected at the first meeting by the members of the oversight committee. The oversight committee shall meet as it deems necessary and shall study and oversee all facets of the Alabama Firefighters’ Personnel Standards and Education Commission. The committee shall review each report provided by the commission and may make recommendations as it deems appropriate.
(b) Upon the request of the chair, the Secretary of the Senate and the Clerk of the House of Representatives shall provide the clerical assistance necessary for the work of the oversight committee.
(c) Each member of the oversight committee shall be entitled to his or her regular legislative compensation, his or her per diem, and travel expenses for each day he or she attends a meeting of the oversight committee which shall be paid out of any funds appropriated to the use of the Legislature, upon warrants drawn on the state Comptroller upon requisitions signed by the chair of the oversight committee. Notwithstanding the foregoing, no member shall receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance of other state business.
(d) Other than the executive director or any assistant or other officer, all persons employed by the Alabama Fire College on April 17, 2012, shall be automatically transferred to the State Merit System as exempt employees with no adverse effect as to salary or benefits. All transferred employees shall be entitled to all due process protections as classified Merit System employees regarding termination, including, but not limited to, an appeal to the Alabama State Personnel Board.
(e) The membership of the commission shall be inclusive and shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(Act 2012-207, p. 340, §2.)
For the purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section:
(1) EXECUTIVE SECURITY OFFICERS. Any persons designated by the Director of Public Safety to protect the Governor and his or her immediate family at the Governor’s Mansion, or a former governor who is physically disabled.
(2) GOVERNOR-ELECT and LIEUTENANT GOVERNOR-ELECT and ATTORNEY GENERAL-ELECT. Such persons as are the apparent successful candidates for the offices of Governor and Lieutenant Governor and Attorney General, respectively, as ascertained from the results of any primary or general election held to determine the successors of the Governor and Lieutenant Governor and Attorney General.
(3) OTHER OFFICERS NEXT IN THE ORDER OF SUCCESSION TO THE OFFICE OF GOVERNOR. The two persons next in order of succession to act as Governor after the Lieutenant Governor, in accordance with Article 5, Section 127, Constitution of Alabama of 1901, namely, the President Pro Tem of the Senate and the Speaker of the House, each until their successors are elected.
(4) PROTECTEE OF THE DEPARTMENT OF PUBLIC SAFETY. Such persons as are designated by the Governor or the Director of Public Safety to receive protection.
(Acts 1975, No. 871, p. 1714, §1; Acts 1979, No. 79-207, p. 319, §1; Act 98-469, p. 906, §1.)
(a) The Department of Public Safety shall protect, from the date of his or her election, throughout his or her term and for a period of five years after the expiration of his or her term of office, the person of the Governor of the State of Alabama and the members of the immediate family and the Governor-elect; and from the date of their respective elections and throughout their respective terms of office the Department of Public Safety is required to protect the person of the Lieutenant Governor, the next two officers in order of succession to the Office of Governor, the President Pro Tem of the Senate and the Speaker of the House, each until their successors are elected, and the Lieutenant Governor-elect and the Attorney General and the Attorney General-elect; and, at the direction of the Governor or Director of Public Safety, other officials of the state and distinguished visitors to the state. The Department of Public Safety may call on other departments of state government to assist in this protective function. Provided, however, the protection of such state officers shall be at each officer’s discretion.
(b)(1) Persons serving as executive security officers on July 1, 1998, shall be entitled to continue under their employment status as of that date, including, but not limited to, the provision of all employee benefits, compensation, and job protection benefits held on that date.
(2) After July 1, 1998, the Director of Public Safety shall employ all executive security officers. These officers shall serve at the discretion of the director. These officers shall:
a. Be nonmerit-system employees of the department, but shall be appointed in accordance with the spirit of all applicable federal court orders, including U.S. v. Ballard, pertaining to the employment practices of the State of Alabama.
b. Receive the compensation determined by the director but not less than that of a state trooper of an equivalent rank.
c. Work in uniforms as prescribed by the director.
(3) The director may limit the duties of executive security officers to providing protection at the Governor’s Mansion in Montgomery, Alabama, and at the primary residence of any former governor who is physically disabled.
(4) All executive security officers shall be clothed with the powers and authority of peace officers and shall have the power of arrest. The provisions of the Minimum Standards and Training Act shall not be mandatory on such executive security officers and they shall be exempt from compliance therewith. The salary of any Department of Public Safety personnel, currently classified in the state Merit System, shall not exceed three steps above his earned permanent rank; provided, however, this provision shall not be construed to prohibit any earned promotion.
(5) The salary of the executive security officers shall be paid from any funds appropriated for the Department of Public Safety.
(c) The provisions of Section 36-21-50 shall have no application to any person acting pursuant to this section.
(d) Any other provision of law or judicial or administrative rule or ruling to the contrary notwithstanding, the director may use any personnel or equipment of the department for the protection or security, or both, of any protectee designated in this chapter, at any personal, political, official, campaign-related, or recreational event.
(e) If a protectee is provided protection or security on a personal or recreational trip outside the State of Alabama, the protectee shall reimburse the state for vehicle usage at a rate equal to the mileage reimbursement for state employees. Protectees shall be provided protection and security without cost or reimbursement for personal or recreational trips within the state, and for trips held outside of Alabama which entail official business.
(f) Protection for protectees attending political or campaign events shall be subject to the following provisions:
(1) If a protectee attends a campaign event related to another person’s political campaign, an official political party function, or a political fundraiser, the sponsor or sponsors of the event who extended the invitation shall reimburse the state for vehicle usage at a rate equal to the mileage reimbursement for state employees.
(2) If the protectee was not extended an invitation to those events specified in subdivision (1), and attended on his or her own volition, the protectee or the protectee’s campaign shall reimburse the State of Alabama for vehicle usage at a rate equal to the mileage reimbursement for state employees.
(3) If a protectee is provided protection to attend a campaign function aimed exclusively at election of the protectee, the protectee or the protectee’s campaign shall reimburse the State of Alabama for vehicle usage at a rate equal to the mileage reimbursement for state employees.
(4) All reimbursements shall be made within 45 days of an event and shall be paid to the state Comptroller for deposit into the State General Fund.
(5) A violation of this subsection by an event sponsor or by a protectee is punishable as a Class C misdemeanor.
(g) No reimbursement made by the protectee or a sponsor or sponsors of an event as provided in this section shall be construed as an in-kind contribution to the protectee’s political campaign if such reimbursement was made during the period of time in which campaign contributions are prohibited.
(Acts 1975, No. 871, p. 1714, §2; Acts 1979, No. 79-207, p. 319, §§1, 2; Act 98-469, p. 906, §1.)
Whoever knowingly and willfully obstructs, resists or interferes with an officer of the Department of Public Safety engaged in the performance of the protective functions authorized by this chapter shall be fined not less than $100.00 nor more than $500.00 or imprisoned not more than one year, or both.
(Acts 1975, No. 871, p. 1714, §3.)
(a) Whoever knowingly and willfully deposits for conveyance in the mail or for delivery from any post office or by any letter carrier any letter, paper, writing, print, missive or document containing any threat to take the life of or to inflict bodily harm upon the Governor of the State of Alabama, the Governor-elect, the Lieutenant Governor or other officer next in order of succession to the Office of Governor of the State of Alabama, or the Lieutenant Governor-elect or the Attorney General and the Attorney General-elect or protectee of the Department of Public Safety, or knowingly and willfully either telephonically or otherwise makes any such threat against the Governor, Governor-elect, Lieutenant Governor or other officer next in the order of succession to the Office of Governor, or the Lieutenant Governor-elect or the Attorney General and the Attorney General-elect or protectee of the Department of Public Safety, shall be fined not more than $1,000.00 or imprisoned not more than five years, or both.
(b) Any of the offenses in subsection (a) of this section may be deemed to have been committed at either the place at which a letter, paper, writing, print, missive or document was deposited for conveyance or at the place where the same was received if either of said places is within this state; or at the place at which the telephone call or calls were made, or at the place where the telephone call or calls were received if either of said places be within this state.
(Acts 1975, No. 871, p. 1714, §§4, 5.)
The local unit participants in the Employees’ Retirement System under Section 36-27-6 are authorized to extend to the retirees, designated beneficiaries, and surviving spouses of active employees of the local units who are receiving benefits from the retirement system health insurance coverage in the insurance plan which covers those employees of the local units. The costs of extending the health insurance plan to the retirees, designated beneficiaries, and surviving spouses may be paid from any funds available to the local units boards which are otherwise unencumbered.
(Acts 1995, No. 95-771, p. 1829, §1.)
As an alternative to the provisions of Section 36-34-1, the local units are authorized to participate in a health insurance plan developed by the State Employees’ Insurance Board or the Alabama Retired State Employees’ Association to provide health insurance coverage to retirees, designated beneficiaries, and surviving spouses of active members of the local units who are receiving benefits from the Employees’ Retirement System. The costs of extending the health insurance to the retirees, designated beneficiaries, or surviving spouses under the aforementioned developed health insurance plan may be paid from any funds available to the local units which are otherwise unencumbered.
(Acts 1995, No. 95-771, p. 1829, §2.)
This chapter shall be called the Alabama Prescription Cost Initiative.
(Act 2004-539, p. 1137, §1.)
As used in this chapter, the following words and phrases shall have the following meanings:
(1) BOARD. The Alabama Prescription Cost Initiative Board created by Section 36-35-4 to administer the program.
(2) COOPERATIVE. A business entity functioning on a cooperative basis that distributes its income to a particular member in proportion with that member’s use of the cooperative on a patronage basis.
(3) DEPARTMENT. Any department, agency, office, or program administered by the state for which the board or director has negotiated, or entered an agreement with a pharmacy benefits manager or cooperative to negotiate, a prescription drug rebate, or discount.
(4) EXECUTIVE DIRECTOR. An executive director employed by the board to administer this chapter and the program.
(5) GOVERNMENTAL ENTITY. Any department of the State of Alabama; any county government or municipal government; any school system, college, or university; or any public authority.
(6) MANUFACTURER. A manufacturer of prescription drugs as defined in 42 U.S.C. Section 1396r-S(k)(5), including a subsidiary or affiliate of a manufacturer.
(7) PARTICIPATING RETAIL PHARMACY. A retail pharmacy or other business licensed to dispense prescription drugs in this state that participates in state employee health insurance plans.
(8) PRESCRIPTION DRUG BUYING GROUP. Entities formed to enable retail pharmacies to aggregate their buying power in negotiating discounts and/or rebates on the purchase of pharmaceutical products from the manufacturers of pharmaceutical products, including, but not limited to, cooperatives and pharmacy benefits managers. The term pharmacy benefits manager includes any entity that procures prescription drugs at a negotiated rate for dispensing within this state to a department or governmental entity.
(9) PROGRAM. The Alabama Prescription Cost Initiative Program established by this chapter relating to supplemental drug rebates, and negotiated pricing of drugs.
(10) WHOLESALER. A business licensed pursuant to state law to distribute prescription drugs in this state.
(Act 2004-539, p. 1137, §2.)
(a) The Alabama Prescription Cost Initiative Board is created.
(b) The board shall consist of the following voting members: The executive director or chief staff person of the State Employees Insurance Board (SEIB) and the Public Education Employees Health Insurance Plan (PEEHIP), the Chair of the Board of Directors of SEIB, the Chair of the Board of Directors of PEEHIP, and the State Health Officer. The Director of the Medicaid Agency may serve in a nonvoting capacity.
(c) The board shall promulgate policies to implement this chapter and may hire an executive director and necessary staff to implement and administer this chapter with or without regard to the state Merit System.
(d) The board through its executive director may enter into agreements with a prescription drug buying group or manufacturer to negotiate price discounts or rebates on behalf of the board or any participating department or governmental entity.
(e) The board through its executive director may enter into agreements with, or affiliate with, a prescription drug buying group for centralized purchase and distribution of prescription drugs to retail pharmacies. Notwithstanding any provision of this subsection to the contrary, nothing herein shall require, nor be construed to require, any retail pharmacy to purchase prescription drugs from a central warehouse or central facility.
(f) The board shall make recommendations to public employee insurance programs, departments, and governmental entities for prescription formulary design.
(g) In conformity with the official policy of the U.S. Food and Drug Administration and its regulations, the reimportation of prescription drugs is expressly prohibited pursuant to this chapter.
(Act 2004-539, p. 1137, §3.)
Savings achieved through drug discounts received by departments and governmental entities shall be calculated on a quarterly basis by the board. A prorated share of the savings of each department or governmental entity, based on the percentage of the department or entity patronage as it bears to the total quarterly patronage, shall first be distributed to the board to reimburse the board for the administrative costs of the program. After administrative costs are fully reimbursed, any remaining savings shall be returned to the respective departments and governmental entities based on the prorated basis.
(Act 2004-539, p. 1137, §4.)
The board through its executive director shall oversee the negotiation of discount prices or rebates for prescription drugs from drug manufacturers.
(Act 2004-539, p. 1137, §5.)
The board shall report the savings from rebates and discounts to the Legislature by February 1 of each year, beginning in 2005.
(Act 2004-539, p. 1137, §6.)
If the board through its executive director finds that it is beneficial to another state program to combine drug pricing negotiations to maximize drug rebates, the board through its executive director shall do so.
(Act 2004-539, p. 1137, §7.)
Any state department or other governmental entity may elect to participate in the Alabama Prescription Cost Initiative by providing written notice to the board. Notwithstanding the foregoing, the Alabama Medicaid Agency may participate only if the agency’s participation is approved by the Federal Centers for Medicare and Medicaid Services.
(Act 2004-539, p. 1137, §8.)
The board and each department and governmental entity shall promulgate and adopt rules to implement this chapter. Rules promulgated by the board, department, or governmental entity pursuant to this chapter are exempt from the Alabama Administrative Procedure Act.
(Act 2004-539, p. 1137, §9.)
A department or governmental entity may seek any waivers of federal law, rule, or regulation necessary to implement this chapter.
(Act 2004-539, p. 1137, §10.)
The Legislature of Alabama hereby finds and determines that the funding of accrued and accruing health care benefits to retired employees and their dependents is a proper governmental function and purpose of the state. The Governmental Accounting Standards Board has issued Statements 43 and 45, which set forth standards on accounting and reporting for post-employment benefits other than pensions by governments. The new standards will require the state to account for such post-employment benefits on an actuarial basis during an employee’s career rather than on a pay-as-you-go basis during the employee’s period of retirement. The Legislature has determined that it would be advisable for the state to create irrevocable trusts whereby the state may begin funding those benefits in advance to address and ultimately offset the state’s accrued liabilities for such benefits. Therefore, the state, the State Employees’ Insurance Board, and the Public Education Employees’ Health Insurance Board are authorized and directed to create irrevocable trusts to be named the “Alabama Retired State Employees’ Health Care Trust” and the “Alabama Retired Education Employees’ Health Care Trust,” respectively, which shall be created, funded, and administered in accordance with the provisions of this chapter to protect and enhance the financial condition of the State.
(Act 2007-16, 1st Sp. Sess., p. 25, §1.)
The name of this chapter is the Alabama Retiree Health Care Funding Act of 2007.
(Act 2007-16, 1st Sp. Sess., p. 25, §2.)
As used in this chapter, the following words and phrases shall have the following respective meanings:
(1) ALABAMA RETIRED EDUCATION EMPLOYEES’ HEALTH CARE TRUST. The Alabama Retired Education Employees’ Health Care Trust created by the state and the Public Education Employees’ Health Insurance Board pursuant to this chapter.
(2) ALABAMA RETIRED STATE EMPLOYEES’ HEALTH CARE TRUST. The Alabama Retired State Employees’ Health Care Trust created by the state and the State Employees’ Insurance Board pursuant to this chapter.
(3) BOARDS. The State Employees’ Insurance Board and the Public Education Employees’ Health Insurance Board.
(4) DEPENDENTS. The spouse and dependent children, as defined by the rules and regulations of the respective boards, of a retired employee who are covered by either the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees’ Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time.
(5) EMPLOYEE. Any person who is a participant in either the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees’ Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time, and satisfies the definition of an employee under Section 16-25A-1(1) or Section 36-29-1(3), as amended from time to time.
(6) FISCAL YEAR. The fiscal year of the state as may from time to time be provided by law.
(7) OTHER POST-EMPLOYMENT BENEFITS or POST-EMPLOYMENT BENEFITS. Non-pension benefits paid on behalf of retired employees or their dependents after the employees’ separation from service in accordance with the relevant post-employment benefit plan.
(8) PERMITTED INVESTMENTS. All assets and properties in which the Retirement Systems of Alabama may invest as permitted by law from time to time.
(9) PUBLIC EDUCATION EMPLOYEES’ HEALTH INSURANCE BOARD. The Public Education Employees’ Health Insurance Board established by Section 16-25A-2, or its successor or assign.
(10) RETIRED EMPLOYEE. A former employee who is a participant in either the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees’ Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time, and satisfies the definition of retiree under Section 36-29-1(11), as amended from time to time, or retired employee under Section 16-25A-1(2), as amended from time to time.
(11) STATE. The State of Alabama.
(12) STATE EMPLOYEES’ INSURANCE BOARD. The State Employees’ Insurance Board established by Section 36-29-2, or its successor or assign.
(13) TRUSTEE. A trustee of the relevant trust.
(14) TRUSTS. The separate trusts to be created by the state, on the one hand, as the grantor, and members of the State Employees’ Insurance Board or the Public Education Employees’ Health Insurance Board, on the other hand, as trustees of the respective trusts, pursuant to this chapter.
(Act 2007-16, 1st Sp. Sess., p. 25, §3.)
The trusts created pursuant to this chapter shall be evidenced by a written trust instrument, the terms and conditions of which shall be determined by the board creating such trust and the Governor on behalf of the state as long as such terms and conditions do not conflict with this chapter. The Trustees of the Alabama Retired State Employees’ Health Care Trust shall be the members of the State Employees’ Insurance Board serving from time to time, and the Trustees of the Alabama Retired Education Employees’ Health Care Trust shall be the members of the Public Education Employees’ Health Insurance Board serving from time to time. Each trust shall be managed and controlled by its respective trustees separately from and independent of the management and control of the other trust. The trustees shall serve without compensation for their service as trustees, but may be reimbursed from the respective trust for all reasonable and necessary expenses that they incur in connection with their services as trustees.
(Act 2007-16, 1st Sp. Sess., p. 25, §4.)
(a) The trusts shall be under the management and control of their respective trustees. All powers necessary or otherwise advisable for the management and control of the trusts shall be vested solely in the respective trustees.
(b) The trustees shall have all of the powers necessary to carry out and effectuate the purposes and provisions of this chapter, all the power and authority granted under law to the board which created the trust, and all powers granted to trustees under Alabama law to the extent not in conflict with this chapter, including, without limiting the generality of the foregoing, the following powers:
(1) To adopt, alter, and repeal rules for the operation and conduct of the respective trust’s affairs and business;
(2) To make, enter into, and execute contracts, agreements, and other instruments and to take such other actions as may be necessary or otherwise advisable for the management and operation of the respective trust, to accomplish any purpose for which the respective trust was created, or to exercise any power granted by this chapter;
(3) To enter into contracts with, to accept aid and grants from, to cooperate with, and to do any and all things that may be necessary or otherwise advisable in order to avail the respective trust of the aid and cooperation of the United States of America, the state, or any agency, instrumentality, or political subdivision of either thereof in furtherance of the purposes of this chapter;
(4) To appoint, employ, and contract with such employees, agents, advisors, and consultants, including, but not limited to, attorneys, accountants, actuaries, financial experts, and such other advisors, consultants, and agents as may, in the trustees’ judgment, be necessary or otherwise advisable and to determine and pay, from the funds of the trusts, the compensation of those persons; and
(5) To invest the funds of the trusts in any permitted investment.
(c) The expenses of making and disposing of investments, such as brokerage commissions, legal expenses referable to a particular transaction, transfer taxes, and other customary transactional expenses with respect to a trust shall be payable out of the funds of such trust.
(Act 2007-16, 1st Sp. Sess., p. 25, §5.)
(a) The sources of funding to the Alabama Retired State Employees’ Health Care Trust may be: (1) appropriations made by the Legislature; (2) contributions by employees and retired employees; (3) employer contributions; (4) investment income; (5) proceeds of any gifts, grants, or contributions; (6) transfers from the State Employees’ Insurance Fund; and (7) all other sources permitted by law.
(b) The sources of funding to the Alabama Retired Education Employees’ Health Care Trust may be: (1) appropriations made by the Legislature; (2) contributions by employees and retired employees; (3) employer contributions; (4) investment income; (5) proceeds of any gifts, grants, or contributions; (6) transfers from the Public Education Employees’ Health Insurance Fund; and (7) all other sources permitted by law.
(c) The agreements creating the trusts shall be irrevocable and the assets of the trusts shall not be expended or disbursed or loaned or transferred or used for any purpose other than to acquire permitted investments, pay administrative expenses, and provide post-employment health care benefits to or for retired employees and their dependents. The Legislature shall have no authority or power to appropriate the assets of the trusts.
(d) During each fiscal year, distributions from a trust to provide post-employment health care benefits to or for retired employees and their dependents shall not exceed 10 percent of the fair market value of the assets of such trust as of the last business day of the immediately preceding fiscal year. No distribution from a trust to provide post-employment health care benefits to or for retired employees and their dependents shall be made during the first fiscal year of the trust.
(e) Notwithstanding the above, as long as such amendment is consistent with the legislative intent of this chapter, the trustees of the trusts shall have the authority to amend or modify their respective trust: (1) if, in the opinion of counsel for the trustees of the respective trust, it is necessary or otherwise advisable to obtain any material tax advantage or avoid any material adverse tax result; (2) if, in the opinion of the independent accountant for the trustees of the respective trust, it is necessary or otherwise advisable to cause the trust to be considered another post-employment benefits trust in accordance with generally accepted governmental accounting principles, as prescribed by the Governmental Accounting Standards Board or its successor; or (3) if, in response to a petition of the respective trustees of the trust requesting that the trust be amended, a court of competent jurisdiction determines that such amendment is necessary or otherwise advisable to accomplish one or more purposes of this chapter.
(f) The trusts may be terminated by the boards only if all state plans or programs providing such post-employment health care benefits for which the trust is established are repealed or terminated and there is no future obligation of the state to provide such post-employment health care benefits. In such event, the then remaining assets of the trust shall revert, in the case of the Alabama Retired State Employees’ Health Care Trust, to the State Treasury to and for the credit of the State Employees’ Insurance Board and, in the case of the Alabama Retired Education Employees’ Health Care Trust, to the State Treasury to and for the credit of the Public Education Employees’ Health Insurance Board.
(g) All assets and income of the trusts shall be exempt from taxation by the state or any political subdivision thereof. Distributions from the trusts will not be taxable income to the retired employees or their dependents. The assets of the trusts will not be subject to the claims of creditors of the state, the boards, trustees, plan administrators, employees, retired employees, or dependents, and will not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws, or other process whatsoever, nor shall any assignment thereof be enforceable in any court.
(h) The trusts shall not be deemed to be invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the agreements creating the trusts, nor shall they be deemed to be invalid as violating any existing law against perpetuities or against suspension of the power of alienation of title to property or against trusts for the purpose of the accumulation of income; but each trust may continue for such a time as may be necessary to accomplish the purpose for which it was created.
(i) The trustees shall cause the annual financial statements of the trust to be prepared in accordance with generally accepted accounting principles and an audit by a qualified independent certified accounting firm to be conducted of those financial statements of the respective trust for each fiscal year in accordance with generally accepted auditing standards.
(Act 2007-16, 1st Sp. Sess., p. 25, §6.)
It is the intent of the Legislature that the state and the boards establish and the trustees operate the trusts in compliance with the Internal Revenue Code of the United States of America in a manner which would allow the trusts to maximize investment earnings while minimizing the costs to the state and its employees and other citizens of satisfying the health care post-employment benefits obligation. It is also the intent of the Legislature that the trusts be operated in a manner that satisfies the definition of other post-employment benefits trusts under generally accepted governmental accounting principles. The trusts shall not be subject to any provision of a law of the state (or any subdivision thereof) which conflicts with that legislative intent or would prevent or unreasonably hinder the accomplishment of the purposes of this chapter.
(Act 2007-16, 1st Sp. Sess., p. 25, §7.)
(a) A trustee shall not be: (1) personally liable for any liability, loss, or expense suffered by the trust, unless such liability, loss, or expense arises out of or results from the willful misconduct or intentional wrongdoing of such trustee; (2) responsible for the adequacy of the trust to meet and discharge any obligation under the relevant health care post-employment benefit plan; or (3) required to take action to enforce the payment of any contribution or appropriation to the trust.
(b) The trustees may be indemnified by the trusts and from funds of the trusts against costs, liabilities, losses, damages, and expenses, including their attorneys fees, as more fully provided in the respective trust agreements, unless such cost, liability, loss, damage, or expense arises out of or results from the willful misconduct or intentional wrongdoing of such trustee.
(Act 2007-16, 1st Sp. Sess., p. 25, §8.)
Nothing in this chapter shall be construed to define or otherwise grant any right or privilege to health care benefits or other post-employment benefits to any person other than those health care benefits or other post-employment benefits, rights, and privileges previously or already granted to employees and retired employees and their dependents by the state’s health care benefit plan or its post-employment benefit plan, if any. Such rights and privileges, if any, shall be governed by the terms of the state’s post-employment benefit plan, if any. This chapter is not intended to assure or deny any existing or future employee, retired employee, any of their dependents, or any other person of any right of employment or entitlement to any health care benefit or other post-employment benefit or limit or otherwise restrict the ability of the state to modify or eliminate any existing or future health care benefit or other post-employment benefit.
(Act 2007-16, 1st Sp. Sess., p. 25, §9.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 2007-16, 1st Sp. Sess., p. 25, §10.)
All personnel employed and vendors hired by contract with funds available to the trusts and trustees under the provisions of subdivision (4) of subsection (b) of Section 36-36-5 shall reflect the racial and ethnic diversity of the state.
(Act 2007-16, 1st Sp. Sess., p. 25, §11.)
This chapter shall be known as The Personal Privacy Protection Act.
(Act 2023-128, §1.)
For purposes of this chapter, the following terms have the following meanings:
(1) NONPROFIT ORGANIZATION. An entity that is exempt from federal income tax under 26 U.S.C § 501(c), or has submitted an application with the Internal Revenue Service for recognition of an exemption under 26 U.S.C § 501(c).
(2) PERSONAL INFORMATION. Any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support to any nonprofit organization.
(3) PUBLIC AGENCY. Any department, agency, office, commission, board, division, or other entity of this state, or of any political subdivision of this state, including, but not limited to, a county, municipality, or school district; or any state or local court, tribunal, or other judicial or quasi-judicial body, but excluding any public institution of higher education, as defined in Section 16-5-1, or any authority, as defined in the University Authority Act of 2016, Chapter 17A of Title 16.
(Act 2023-128, §2.)
Notwithstanding any provision of law to the contrary, and subject to Section 36-37-4, a public agency shall not do any of the following:
(1) Require any person or nonprofit organization to provide the public agency with personal information or otherwise compel the release of personal information.
(2) Release, publicize, or otherwise publicly disclose personal information in its possession.
(3) Request or require a current or prospective contractor or grantee of the public agency to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support.
(Act 2023-128, §3.)
(a) This chapter does not preclude any of the following:
(1) Any report or disclosure required by The Fair Campaign Practices Act, Chapter 5 of Title 17, or any successor provisions thereto.
(2) Any lawful warrant for personal information issued by a court of competent jurisdiction.
(3) Any lawful request for discovery of personal information in litigation if both of the following conditions are met:
a. The relevant and probative value of the personal information requested outweighs the prejudicial effect.
b. The requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation.
(4) Admission of personal information as relevant evidence before a court of competent jurisdiction; however, no court shall publicly reveal personal information absent a specific finding of good cause.
(5) A release of personal information by any public agency if the information has been voluntarily released to the public either by the person to which it pertains or by a nonprofit organization to which the person is a donor.
(6) The keeping of filings, certificates, and other public records that disclose the identity of any director, officer, registered agent, or incorporator of a nonprofit organization in any report or disclosure required by law to be filed with the Secretary of State, except that information that directly identifies a person as a donor of financial support to a nonprofit organization, shall not be collected or disclosed.
(7) Disclosure of personal information derived from a donation to a nonprofit organization affiliated with a public agency as required by law, if the person has not previously requested anonymity from the nonprofit organization.
(8) The compiling, keeping, and disclosure of volunteer fire department rosters and membership lists by the Alabama Forestry Commission as required by Section 9-3-17 or Section 32-6-272.
(9) Any report or disclosure required by Chapter 5A of Title 41, or any successor provisions thereto, except that information that directly identifies a person as a donor of financial support to a nonprofit organization shall not be collected or disclosed unless expressly required by law or when required for a legitimate audit or investigative purpose, provided that the information shall only be used in connection with the specific audit or investigation to which the request relates and for any related proceedings.
(b) Nothing in this chapter shall apply to a national securities association that is registered pursuant to Section 15A of the Securities Exchange Act of 1934 15 U.S.C. § 78o-3, or regulations adopted thereunder, or any information the national securities association provides to the Alabama Securities Commission as provided in Article 1 of Chapter 6 of Title 8, and the rules adopted thereunder.
(Act 2023-128, §4.)
(a) A person alleging a violation of this chapter may bring a civil action for appropriate injunctive relief, actual damages, or both. Damages awarded under this section may include one of the following, as appropriate:
(1) A sum of not less than two thousand five hundred dollars ($2,500) to compensate for injury or loss caused by each violation of this chapter.
(2) For an intentional violation of this chapter, a sum not to exceed three times the sum described in subdivision (1).
(b) A court, in rendering a judgment in an action brought under this chapter, may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate.
(c) A person who knowingly violates this chapter shall be guilty of a Class C misdemeanor.
(Act 2023-128, §5.)
Personal information shall be confidential and shall not be considered a public record for purposes of Article 3 of Chapter 12 of Title 36.
(Act 2023-128, §6.)
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