SB134 By Senator Livingston RFD Fiscal Responsibility and Economic Development Rd 1 06-FEB-20

SYNOPSIS: Under existing law, an assistant or deputy district attorney with service in that position as a Tier 1 plan member who is subsequently elected or appointed district attorney may retire after 25 years of total service without a reduction in retirement allowance.

This bill would allow a district attorney who is a member of the District Attorneys' Plan and who has service credit as a Tier 1 plan member in the Employees' Retirement System or the Teachers' Retirement System to retire after 25 years of total service without a reduction in retirement allowance.

Under existing law, a judge or clerk who is a member of the Judges' and Clerks' Plan under the Judicial Retirement Fund may retire after completing 10 years of service and attaining the age of 62.

This bill would also allow a judge or clerk who is a member of the Judges' and Clerks' Plan and who has service credit as a Tier 1 plan member in the Employees' Retirement System or the Teachers' Retirement System to retire after 25 years of total service without a reduction in retirement allowance.

A BILL TO BE ENTITLED AN ACT

Relating to eligibility for retirement for district attorneys, clerks, and judges who are members of the Judicial Retirement Fund; to amend Sections 12-17-227.11 and 12-18-154, Code of Alabama 1975; to allow a district attorney who is a member of the District Attorneys' Plan, or a clerk or judge who is a member of the Judges' and Clerks' Plan, who has service credit as a Tier 1 plan member in the Employees' Retirement System or the Teachers' Retirement System to retire after 25 years of total service without a reduction in retirement allowance.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 12-17-227.11 and 12-18-154 of the Code of Alabama 1975, are amended to read as follows:

§12-17-227.11.

"(a) A person serving as district attorney, supernumerary district attorney, or who has made an election to assume the office of supernumerary district attorney or is otherwise entitled to participate in the supernumerary district attorney program established under Division 2 of this article shall, subject to subsection (c), continue to serve or participate in the supernumerary district attorney program, which shall include the assumption of the office of the supernumerary district attorney after November 8, 2016 according to the terms and conditions of Division 2 of this article, notwithstanding the fact that the person may be re-elected after November 8, 2016 to the office he or she is holding on November 8, 2016.

"(b) No person may participate in both the supernumerary district attorney program and the Employees' Retirement System based on the same service.

"(c) A district attorney who was elected prior to November 8, 2016 and who is serving in the capacity of district attorney on and after November 8, 2016 and had prior service credit in the Employees' Retirement System, Teachers' Retirement System, or Judicial Retirement Fund prior to being elected district attorney shall have 30 days from November 8, 2016 to elect to participate in the District Attorneys' Plan established by this division. This election shall be irrevocable.

"(d) An assistant or deputy district attorney A member who obtains has service credit in that position as a Tier 1 plan member in the Employees' Retirement System or the Teachers' Retirement System and is elected or appointed district attorney on or after November 8, 2016, may withdraw from service after completion of not less than 25 years of credible service and may retire without a reduction in retirement allowance 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.

§12-18-154.

"(a) Any 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 shall have completed 10 or more years of membership service in the Judges' and Clerks' Plan.

"(b) Any member who has attained age 62 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, that any such member shall have completed 10 or more years of membership service.

"(c) Upon retirement from service, a member who is a clerk 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 three percent (3%) of the member's average final compensation multiplied by the member's number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation.

"(d) Upon retirement from service, a member who is a judge 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 four percent (4%) of the member's average final compensation multiplied by the member's number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed seventy-five percent (75%) of the member's average final compensation. A member who is a judge and who has attained 18 or more years of membership service shall be entitled to a retirement allowance of seventy-five percent (75%) of the member's average final compensation.

"(e) A member who has service credit as a Tier 1 plan member in the Employees' Retirement System or the Teachers' Retirement System may withdraw from service after completion of not less than 25 years of credible service and may retire without a reduction in retirement allowance 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."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Judicial Retirement Fund

Judges

District Attorneys

Retirement

Retirement Systems

Courts

Public Officers and Employees

Code Amended