SB35

By Senator Allen

ENROLLED, An Act,

Proposing an amendment to the Constitution of Alabama of 1901, to provide that certain elected or appointed public officials in Lamar County may participate in the Employees' Retirement System in lieu of participating in a supernumerary program or system.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

No elected or appointed Lamar County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Lamar County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Lamar County officials, including the sheriff, holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For purposes of this amendment, the words "elected or appointed Lamar County official," do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. The effective date or ratification date of this amendment is the date this amendment is officially proclaimed ratified in the proclamation register.

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Relating to Lamar County, proposing an amendment to the Constitution of Alabama of 1901, to provide that certain elected or appointed public officials in Lamar County may participate in the Employees' Retirement System in lieu of participating in a supernumerary program or system.

"Proposed by Act _________"

This description shall be followed by the following language:

"Yes ( ) No ( )."

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Lamar County

Counties

Constitutional Amendments

Elections

Supernumeraries

Employees' Retirement System

Retirement

County Officers and Employees