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30-2-51
Section 30-2-51 Allowance upon grant of divorce; certain property not considered; retirement
benefits. (a) If either spouse has no separate estate or if it is insufficient for the maintenance
of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a
spouse an allowance out of the estate of the other spouse, taking into consideration the value
thereof and the condition of the spouse's family. Notwithstanding the foregoing, the judge
may not take into consideration any property acquired prior to the marriage of the parties
or by inheritance or gift unless the judge finds from the evidence that the property, or income
produced by the property, has been used regularly for the common benefit of the parties during
their marriage. (b)(1) The marital estate is subject to equitable division and distribution.
Unless the parties agree otherwise, and except as otherwise provided by federal or state law,
the marital estate includes any interest, whether vested or...
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12-18-87
Section 12-18-87 Benefits. (a) Judges' retirement benefits. - The annual retirement benefit
payable to a probate judge retiring pursuant to subdivisions (2), (3), (4), and (5) of Section
12-18-84 shall be 75 percent of the base sum or salary upon which such judge is paying the
percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately
prior to retirement. Such retirement benefit shall be payable monthly from the State Treasury
for the life of the beneficiary. (b) Spouses' benefits. - After the death of any probate judge
who has held office for a minimum of five years, his or her spouse shall receive a yearly
benefit from the State Treasury equivalent to the greater of $480.00 per year, multiplied
by the number of years of service, not to exceed 10 years, or three percent of the base sum
or salary upon which such probate judge was paying the percentage as provided in subsection
(a) or subsection (b) of Section 12-18-82 immediately prior to retirement,...
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12-17-67
Section 12-17-67 Filling of vacancies. (a) In the event that a vacancy occurs in the judicial
office of the district court, until such vacancy has been filled by appointment as provided
by the Constitution, the presiding judge of the circuit shall designate a district or circuit
judge, including himself, within the circuit to serve as the district court judge for the
duration of such vacancy. (b) If a judge, who filed a request pursuant to subsection (b) of
Section 12-17-66 and has been designated to receive a commissioned term, or has been elected
as provided in this article, dies or becomes disqualified prior to January 16, 1977, or is
otherwise unable to assume office and such death, disability or refusal to serve occurs at
such a time that the judicial office created in Section 12-17-61 cannot be filled prior to
January 16, 1977, a vacancy shall be created in each such case. Any vacancy which exists on
January 16, 1977, shall be filled as provided by law. (Acts 1975, No. 1205, p....
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12-18-4
Section 12-18-4 Entitlement to retirement and receipt of pension of justices of Supreme Court,
judges of courts of appeals and judges of circuit courts generally; retirement order. Every
justice of the Supreme Court, judge of one of the courts of appeals or judge of a circuit
court of the state who meets the requirements for retirement prescribed in this article shall
be entitled to be retired and to receive a pension as hereinafter provided. Such retirement
shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request
of the member to be retired or on an order signed by a majority of the members of the Supreme
Court. (Acts 1973, No. 1163, p. 1948, §4.)...
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12-9A-2
Section 12-9A-2 Reallocation of vacant judgeship. (a) Only in the event of a vacancy due to
death, retirement, resignation, or removal from office of a district or circuit judge, the
Judicial Resources Allocation Commission shall have 30 days to determine whether to reallocate
such judgeship to another district or circuit. The commission may also choose to reallocate
a judgeship if the incumbent judge is not eligible to run for reelection as a result of the
age limitation provided for in Section 155 of the Constitution of Alabama 1901, as amended,
by notifying the Secretary of State no later than one year prior to the close of qualifying
for candidates to run for such judgeship. All reallocation decisions require a two-thirds
vote of the commission members. In determining whether to reallocate such judgeship, the commission
shall consider the need based on the district and court rankings as determined pursuant to
Section 12-9A-1. However, in no event shall the commission reallocate a...
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12-22-132
Section 12-22-132 Reserving questions of law; presumption that written charges asked before
jury retired. Any question of law arising in any of the proceedings in a criminal case tried
in the circuit court may be reserved by the defendant, but not by the state, except as provided
in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals.
All written charges in the record on appeal shall be presumed to have been asked of the court
before the jury retired unless shown to the contrary by notation of the trial judge of the
refused charges. (Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508;
Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)...
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45-37-123.103
Section 45-37-123.103 Death benefits. (a) Preretirement death benefits. A vested member's beneficiary
is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED
MEMBER. If a married, active member dies, then the beneficiary may elect, on a form provided
by the pension board, to be paid in one of the following forms: a. One Hundred Percent Preretirement
Joint Survivorship Pension. If such member was eligible for a deferred retirement benefit
at the time of the member's death, then the beneficiary may elect to be paid in the form of
a 100 percent preretirement joint survivorship pension, which is a monthly annuity paid during
the beneficiary's lifetime which is equal to the actuarial equivalent of the benefits that
would have been paid to the member if, instead of dying, the member had terminated employment;
or b. Refund. The beneficiary may elect a refund of the member's employee contributions in
accordance with Section 45-37-123.104(4)b. (2) UNMARRIED...
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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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12-17-340
Section 12-17-340 Judicial secretaries. (a) Classified positions of secretaries existing under
local government merit systems. Classified positions of secretaries existing under local government
merit systems in those circuits having 15 or more circuit judges, serving the courts on October
10, 1975, shall be subject to the provisions of the State Merit System and all other benefits
applicable to state employees; provided, that they shall have the retirement benefit options
described in subdivision (b) (2) of Section 12-17-4. (b) Additional confidential secretaries.
In circumstances other than those provided in subsection (a) of this section, each circuit
and district court judge may employ a confidential secretary without regard to civil service
qualifications or regulations, to serve at the pleasure of the judge. However, before the
appointment thereof, the Administrative Director of Courts shall certify to the state Comptroller
and presiding circuit judge of the respective circuit...
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45-37A-51.228
Section 45-37A-51.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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