Code of Alabama

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12-18-131
Section 12-18-131 Eligibility to retire regardless of age. Notwithstanding Section 12-18-40
or 12-18-55, any justice of the Supreme Court, any judge of the Court of Civil Appeals, any
judge of the Court of Criminal Appeals, any circuit judge, or any district judge who has served
for not less than 25 years on any one or more of such courts or has 25 years of creditable
service in the Judicial Retirement System shall be eligible to retire under this chapter regardless
of age. (Act 98-295, p. 481, §2.)...
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12-18-40
Section 12-18-40 Retirement at age 60; computation; cost-of-living; prior service. On or after
July 30, 1979, any person assuming office for the first time as a justice of the Supreme Court,
judge of a court of appeals or a circuit judge, shall receive and be entitled to all retirement
benefits prescribed in Title 12, Chapter 18, Articles 1 and 2, except as follows: (1) The
provisions of subdivisions (3) and (5) of both subsections (a) and (b) of Section 12-18-6,
to the contrary notwithstanding, except for disability, no such justice or judge shall be
eligible to receive judicial service retirement pay prior to attaining 60 years of age. (2)
The retirement pay or benefit of each such justice or judge shall be based and computed pursuant
to the provisions of Section 12-18-10, at the percentage rate therein prescribed of his final
salary received from the state at the time of retirement. Retired justices and judges coming
under this article shall be entitled to receive cost-of-living...
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12-18-84.1
Section 12-18-84.1 Election to retire with 24 years of service. Notwithstanding any law to
the contrary, any judge of probate who has served for not less than 24 years on any one or
more of such courts or has 24 years of creditable service in the Judicial Retirement Fund
shall be eligible to retire under this chapter, regardless of age, if upon electing to retire
with less than 25 years of service, prior to his or her date of retirement he or she pays
to the Secretary-Treasurer of the Judicial Retirement Fund a lump sum in an amount equal to
the annual employer and employee contributions necessary to purchase one year of creditable
service in the fund based on the final annual state salary earned by the judge during his
or her most recent fiscal year of active judicial service. (Act 98-365, p. 664, §1.)...
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12-18-55
Section 12-18-55 Eligibility for retirement of district judges; right of election of former
county court judges, district attorneys or assistant district attorneys serving as circuit
judges on January 16, 1977, to come under provisions of Article 1 of chapter; filing of notice
of election with Clerk of Supreme Court by same. (a) Any district judge shall be eligible
for retirement and may elect to be retired pursuant to this article if he: (1) Has served
as much as five years as a district judge or judge of a county court immediately prior to
retirement and has become permanently, physically, or mentally unable to carry out his duties
on a full-time basis, proof of such disability being made by certificate of three reputable
physicians; (2) Has served for 12 years as a district judge or judge of a county court and
has reached or passed the age of 65 years; (3) Has served for 15 years as a district judge
or judge of a county court and is not less than 62 years of age or has served as...
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12-18-6
Section 12-18-6 Eligibility for retirement of justices of Supreme Court, judges of courts of
appeals and judges of circuit courts. (a) The Chief Justice or any associate justice of the
Supreme Court, any judge of the Court of Civil Appeals or any judge of the Court of Criminal
Appeals serving on September 18, 1973, who elects to become a member of the retirement system
hereby established, and any such justice or judge assuming such office after September 18,
1973, may elect to be retired pursuant to this article if he: (1) Has served as much as five
years as a justice of the Supreme Court or as a judge of one of the courts of appeals or as
a judge of the circuit court or any two or more of them consecutively and has become permanently
physically or mentally unable to carry out his duties on a full-time basis, proof of such
disability being made by certificate of three reputable physicians; (2) Has served for 12
years as a justice of the Supreme Court or as a judge of one of the courts...
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12-18-7
Section 12-18-7 Filing of declaration as to intention to retire by justices of Supreme Court,
judges of courts of appeals and judges of circuit courts; endorsement and forwarding thereof
by Chief Justice of Supreme Court; oath, powers, duties, etc., of retired justices and judges;
forfeiture of right to receive retirement benefits by certain justices or judges upon failure
to file declaration of intention to retire. (a) Any justice of the Supreme Court or any judge
of one of the courts of appeals or of a circuit court of the state who desires to be retired
pursuant to this article shall file a written declaration relative to his intention to elect
such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence
of the conditions prerequisite to such retirement, shall endorse his findings thereon and
forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund. (b) The
retiring justice or judge, upon being retired, shall take the oath...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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12-18-84
Section 12-18-84 Eligibility for retirement. Any probate judge serving on December 27, 1973,
who elects to become a member of the retirement fund hereby established, and any probate judge
assuming such office after October 1, 1976, may elect to be retired pursuant to this article
if he or she qualifies under any one of the following: (1) Has served as much as five years
as a probate judge and has become permanently, physically or mentally unable to carry out
his or her duties on a full-time basis, proof of such disability being made by certificate
of three reputable physicians; (2) Has served as much as 12 years as a probate judge and has
reached or passed the age of 65 years; (3) Has served as much as 15 years as probate judge
and is not less than 62 years of age or has served as such for more than 15 years and has
attained age 62, less one year for each year of service in excess of 15; provided, that such
probate judge shall have attained not less than 60 years of age; (4) Has served...
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12-17-110
Section 12-17-110 Office of register not to be filled when vacancy occurs; reappointment of
registers holding office on October 10, 1975; removal of registers. (a) Vacancies. - When
the position of register in any circuit court becomes vacant upon the death, resignation,
retirement or inability of the incumbent to satisfy the conditions for reappointment specified
in subsection (b) of this section, the vacancy shall not be filled, and the responsibilities
and authority of the register shall become the responsibilities and authority of the clerk
of the circuit court for the county where the register served. (b) Reappointment. - A register
who: (1) Holds office on October 10, 1975, and (2) Is not eligible to retire and receive retirement
compensation by reason of age and years of service or by provision of any retirement program
in effect on January 17, 1977, may be reappointed for terms of six years, but no register
shall be reappointed after completion of any term during which he...
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12-18-8
Section 12-18-8 Transfer into Judicial Retirement Fund of contributions made to Employees'
Retirement System of Alabama and receipt of credit for prior service under Employees' Retirement
System, etc., upon payment of contribution for prior years of service; refund of contributions
to Judicial Retirement Fund upon termination of service prior to eligibility for retirement
benefits under article. (a) Any justice or judge holding office as a member of the Supreme
Court, a court of appeals or of a circuit court on September 18, 1973, who has paid contributions
into the Employees' Retirement System of Alabama, shall be entitled to have such contributions
transferred from the Employees' Retirement System of Alabama into the Judicial Retirement
Fund and to receive credit for the time of service he had acquired under the Employees' Retirement
System of Alabama as time of service in the judicial position which he holds on September
18, 1973, regardless of whether or not such time of service...
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