HB397

ENROLLED, An Act,

Relating to the City of Birmingham in Jefferson County; to amend Section 45-37A-51.237, Code of Alabama 1975, to authorize the City of Birmingham to rehire retired public safety officers under certain conditions; and to provide that rehired officers may continue to receive retirement benefits during periods of reemployment.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 45-37A-51.237, Code of Alabama 1975, is amended to read as follows:

§45-37A-51.237.

"(a) Anything herein to the contrary notwithstanding and except as provided in subsection (b), no retirement benefits of whatever kind or description shall be payable to any former participant for any period during which the former participant is employed by the city, is due a salary from the city or has been paid a salary by the city, except persons elected by the people to serve the city shall have the option of continuing to receive either retirement benefits or the compensation for the office to which that person is elected, or that person may choose to receive both such benefits and compensation.

"(b)(1) For the purposes of this section, "retired public safety officer" means a retired law enforcement officer who was employed by the city or a retired firefighter who was employed by the city.

"(2) Notwithstanding subsection (a), a retired public safety officer who was employed by the city may be subsequently rehired by the city during times of critical personnel shortages to provide public safety services as provided in this subsection and may continue to receive retirement benefits of whatever kind or description for any period during which the public safety officer is reemployed by the city.

"(3) A retired public safety officer rehired by the city shall be retired for at least 45 consecutive days prior to reemployment with the city.

"(4) The retired public safety officer shall not accrue additional retirement service credit for any portion of the period of reemployment.

"(5) The retired public safety officer and the city shall make the contributions that would be required for members and employers under the system during the entire period of subsequent employment, and the portion of the contributions paid by the participant during the term of reemployment is not refundable at the termination of the subsequent employment period.

"(6) The period of reemployment for a retired public safety officer pursuant to this subsection shall be no more than a total of 10 years from the date of rehire by the city.

"(7) The chief of police or the fire chief shall have the sole discretion to select retired public safety officers for reemployment under this subsection pursuant to the established guidelines of the Personnel Board of Jefferson County.

"(8)a. The city may not employ a number of retired law enforcement officers pursuant to this section that exceeds 10 percent of the city's entire authorized police force on the effective date of the act adding this amendatory language.

"b. The city may not employ a number of retired firefighters pursuant to this section that exceeds 10 percent of the city's entire authorized firefighter force on the effective date of the act adding this amendatory language.

"(9)a. The city shall employ retired law enforcement officers only at ranks below sergeant and may not promote subsequently employed retired law enforcement officers above the rank of sergeant at any time during the subsequent employment.

"b. The city shall employ retired firefighters only at ranks below and may not promote subsequently employed retired firefighters above the rank of apparatus operator at any time during the subsequent employment."

Section 2. Prior to the implementation of this act, the city shall obtain an actuarial study certifying to the governing body of the City of Birmingham that the act is cost neutral to the retirement system of the city.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law, and shall be implemented only upon the passage of HB___ HB222 of the 2017 Regular Session, amending Section 36-25-13, Code of Alabama 1975.

Police Officers

Firefighters

Jefferson County

Birmingham

Counties

Code Amended