HB33

ENROLLED, An Act,

Proposing an amendment to the Constitution of Alabama of 1901, to allow the Montgomery County Sheriff to participate in the Employees' Retirement System in lieu of participating in a supernumerary program.

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 sheriff in Montgomery County may assume a supernumerary office after the effective date of this amendment except as provided herein. 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. The Sheriff of Montgomery County 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. The sheriff holding office at the time of the 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; provided, however, the official shall forego the assumption of a supernumerary office.

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 Montgomery County, proposing an amendment to the Constitution of Alabama of 1901, to allow the Montgomery County Sheriff to participate in the Employees' Retirement System in lieu of participating in a supernumerary program.

"Proposed by Act _________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Montgomery County

Counties

Constitutional Amendments

Elections

Supernumeraries

Employees' Retirement System

Retirement

Sheriffs