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12-17-143
Section 12-17-143 Establishment of supernumerary fund; contributions thereto. Officials electing
to come under the provisions of this article shall contribute to the Clerks' and Registers'
Supernumerary Fund of the State of Alabama, which is hereby created, in amounts to be determined
as follows: (1) Circuit clerks shall contribute six percent of the total per annum state compensation
for the circuit clerk in the county of residence of said clerk. (2) Circuit registers shall
contribute six percent of the total per annum state compensation for the circuit register
in the county of residence of said register. (3) The Clerks' and Registers' Supernumerary
Fund is hereby placed under the management and control of the Employees' Retirement System
of Alabama. The Secretary-Treasurer of the Employees' Retirement System of Alabama is charged
with the responsibility for investment of the fund and for the development and maintenance
of administrative procedures involving member records, benefits,...
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12-17-144
Section 12-17-144 Prior service credit. (a) Prior service credit may be obtained by a clerk
or register in office on October 1, 1976, for years served in the individual capacity of clerk
or register on a continuous basis. Prior service credit must either be for time served as
clerk or as register without allowance for service as both clerk and register; provided, that
prior service credit for each individual position may not be combined. A person seeking to
qualify as supernumerary clerk shall count only time served as clerk, and one seeking to qualify
as supernumerary register shall count only time served as register. Prior service credit may
also be obtained by a clerk or register for any years served in the capacity of probate judge,
provided such service as probate judge was continuous. If any person subject to the provisions
of this division shall seek to obtain prior service as either clerk or register, he shall
contribute to the Clerks' and Registers' Supernumerary Fund, State...
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12-17-140
Section 12-17-140 Qualifications for supernumerary status generally; applicability of division;
eligibility of clerk or register of circuit court with 23 years of service. (a) Any clerk
or register of the circuit court, serving on October 1, 1976, or clerk elected or appointed
in any county of the State of Alabama: (1) Who has served as much as five years as a circuit
clerk or register and who has become permanently, physically or mentally unable to carry out
the duties of the office on a full-time basis, proof of such disability being made by a certificate
of three reputable physicians; (2) Who has served for 12 years as a circuit clerk or register
and has reached or passed the age of 65 years; (3) Who has served for 15 years as circuit
clerk or register and who is not less than 62 years of age; or who has served as such for
more than 15 years and has attained the age of 62, less one year for each year of service
in excess of 15; (4) Who has served continuously for 10 years as circuit...
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12-17-141
Section 12-17-141 Oath; vacancies in office of clerk or register in counties where supernumerary
holds commission. (a) Such supernumerary clerk or register of the circuit court in the various
counties of the State of Alabama shall take the oath of office prescribed for clerks and registers
of the circuit courts in this state. (b) If a vacancy shall occur in the office of clerk or
register in the county in which one or more supernumerary clerks or registers hold a commission,
the Chief Justice shall immediately appoint one such supernumerary from the county in which
such vacancy occurs, and such supernumerary so appointed shall immediately assume and exercise
all of the duties, powers and authority of such official in said county until a permanent
successor is appointed or is otherwise selected. All fees and commissions which may become
due while such supernumerary is so acting shall be paid into the appropriate fund as designated
by law, and the salaries of the employees in such office...
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12-17-146
Section 12-17-146 Return of contributions to other plans. (a) All contributions of circuit
clerks or registers heretofore made to county or state supernumerary or retirement funds shall
be refunded to the contributor if election is made to come within the supernumerary plan set
out in this division. (b) When an active circuit clerk or register has been granted a refund
of his or her contributions to a county supernumerary program and has cancelled membership
in the program as provided in subsection (a), the circuit clerk or register may purchase up
to 10 years of prior service credit in the state circuit clerks or registers supernumerary
program for prior service as a county tax collector. Credit for the prior service in the state
supernumerary program shall be granted when the purchaser pays to the circuit clerks or registers
supernumerary fund prior to October 1, 2000, the full cost of the prior service credit as
actuarially determined by the Administrative Office of Courts. (Acts...
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12-17-145
Section 12-17-145 Officials covered by division; notification procedure; post-election contribution
transfer; post-transfer credits and contributions. (a) Any clerk or register of the circuit
court shall be subject to the terms of this division unless he or she notifies the Administrative
Director of Courts in writing to the contrary 30 days subsequent to October 1, 1995. This
notification may be made notwithstanding any prior election to not participate and is made
available only to those circuit clerks or registers who hold office on or before October 1,
1976. (b) Upon the receipt of an election to participate in the supernumerary system provided
in this division by a circuit clerk or register who was previously a member of the Employees'
Retirement System, and who held office on or before October 1, 1976, the Administrative Director
of Courts shall immediately notify the Secretary-Treasurer of the Retirement Systems of Alabama
of the election. Upon receiving the notice, the...
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12-17-161
Section 12-17-161 Separate office of clerk of district court may be established; appointment
and removal of clerk; abolition of separate office; participation in supernumerary fund. (a)
Authority and responsibility for the operation of a separate clerk's office for the district
court of a county may be authorized by the Supreme Court upon the written request of the clerk
of the circuit court or the judges of the district court. When the Supreme Court authorizes
a separate clerk's office for the district court of a county, the clerk of the circuit court
shall not be the ex officio clerk of the district court and shall have no administrative responsibilities
for and supervision over the operation of the office. Whenever a separate district clerk's
office is authorized, the administrative responsibility for and supervision of the records
and clerical services of the respective district court is vested in an official who shall
be known as the clerk of the district court, who shall perform...
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12-17-147
Section 12-17-147 Return of contributions upon termination of service. Should the service of
the circuit clerk or register be terminated for any reason other than death prior to the time
he is entitled to receive supernumerary benefits under this division, such circuit clerk or
register shall have the right to elect to withdraw from the supernumerary fund and to have
refunded his contributions plus accrued interest thereon under the same rules, regulations
and rates applicable to similar refunds of contributions under the Employees' Retirement System
of Alabama. If service is terminated by death, the refund on contributions and accrued interest
is payable to the clerk's or register's designated beneficiary. If a circuit clerk or register
who has assumed supernumerary status dies prior to receiving supernumerary benefits equal
to his total contributions plus accrued interest thereon which was credited to the member's
individual account at the time of assuming supernumerary status, the...
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12-17-142
Section 12-17-142 Term of office; compensation; surviving spouse benefits; applicability. (a)
Every supernumerary official shall serve for life and shall receive an annual salary in an
amount equal to 75 percent of the state salary payable to a circuit clerk on the date a circuit
clerk or register becomes a supernumerary official, payable in equal installments on a twice
per month basis. (b) In the event of the death of any supernumerary official, circuit clerk
or register who, at the time of his or her death, was serving as or was otherwise eligible
to serve as a supernumerary official, his or her spouse shall receive benefits from the Clerks'
and Registers' Supernumerary Fund in the State Treasury in an amount equivalent to three percent
of the salary payable from the State Treasury, as prescribed by law for the position of circuit
clerk, for each year of service not to exceed 30 percent of the salary, payable monthly for
the remainder of the spouse's life or until he or she...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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