12-18-83
Section 12-18-83 Election as to withdrawal from retirement fund and refunding of contributions
or receipt of certificate of time of service accumulated toward retirement upon termination
of service of judge prior to eligibility for retirement benefits under article; filing of
certificate as proof of time of service for retirement benefits under article upon reaching
of retirement age or death of judge. Should the service of a probate judge be terminated prior
to the time he is entitled to receive retirement benefits under this article, such probate
judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have
refunded his contributions to the Judicial Retirement Fund, plus accrued interest thereon,
under the same rules and regulations and at the same rate governing the accrual and refund
of interest under the Employees' Retirement System of Alabama; provided, that should such
probate judge not elect to withdraw from the Judicial Retirement Fund he shall...
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12-18-112
Section 12-18-112 Transfer of contributions and creditable service - District judge's adjusted
benefit formulas; spouse's benefits. In the event a member of the Judicial Retirement Fund,
who is a district judge, or a surviving spouse thereof, must employ and count creditable service
transferred under this article to qualify for retirement and/or benefits under the fund, the
benefits or allowances payable to such member or spouse shall be calculated as follows, and
shall be in lieu of any and all other rights, benefits and allowances, except social security
payments: (1) The annual service allowance payable to a retiring district judge shall be an
annual amount equal to the sum of: a. The amount which results when 90 percent of the retirement
benefits payable by the state to circuit judges on the date such district judge retires (as
is provided under Section 12-18-58) is multiplied by the ratio created when the member's number
of years of creditable service, excluding transferred...
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12-18-53
Section 12-18-53 Payment into Judicial Retirement Fund of moneys previously paid into retirement
funds for benefit of judges by counties or municipalities; crediting to judges of such payments.
When a district judge elects to come under the provisions of Article 1 of this chapter, all
money paid by the county or municipality into a retirement fund for the benefit of such judge
shall immediately be paid into the Judicial Retirement Fund on account of the judge electing
to come under the article, and the same shall be credited to him under the rules and regulations
applicable to similar contributions under the Employees' Retirement System of Alabama. (Acts
1975, No. 1205, p. 2384, §4-127.)...
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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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12-18-152
Section 12-18-152 (Effective November 8, 2016, subject to contingencies) Scope and application
of plan; contributions. (a) Every judge or clerk first elected or appointed to his or her
position on or after November 8, 2016 who is not a member of the Judicial Retirement Fund
or Clerks' and Registers' Supernumerary Fund on November 7, 2016 shall come under this article
by operation of law. The plan shall not include any judge or clerk who is a member of the
Judicial Retirement Fund or Clerks' and Registers' Supernumerary Fund prior to November 8,
2016, regardless of the type of judgeship position held. Each judge or clerk shall contribute
to the fund eight and one-half percent (8.5%) of his or her annual salary or base sum as provided
in Section 12-18-82. The percentages shall be deducted by the employer from each judge's or
clerk's salary and paid into the fund in the State Treasury and credited to the individual
account of the judge or clerk from whose salary it was deducted. (b) On...
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36-27-11
Section 36-27-11 Determination of prior creditable service; computation of creditable service
at retirement; procedure for restoration of creditable service to certain persons; payment
of makeup contributions by certain persons. (a) Under such rules and regulations as the Board
of Control shall adopt, each member who was an employee prior to October 1, 1945, and who
has made up contributions for time served as a nonmember and who becomes a member prior to
September 1, 1966, shall file a detailed statement of all service as an employee rendered
by him prior to October 1, 1945, for which he claims credit. (b) The Board of Control shall
fix and determine by appropriate rules and regulations how much service in any year is equivalent
to one year of service, but in no case shall it allow any credit for a period of absence without
pay of more than one month's duration, nor shall more than one year of service be creditable
for all service in one calendar year. (c) Subject to the restrictions...
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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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36-27-42
Section 36-27-42 Credit for prior service - Generally. Any member who was a member of the Employees'
Retirement System on October 1, 1974, and who prior to said date had been ineligible to receive
credit for service rendered as an employee prior to October 1, 1945, for reasons other than
having been employed as a nonmember, shall be eligible under the provisions of Article 1 of
this chapter to receive credit for all service as an employee rendered by him prior to the
date of establishment of the retirement system; provided, that such person has never waived
his claim on the funds of the retirement system by withdrawing his accumulated contributions
to said funds; and provided, that said member has not been absent from service more than five
years in any period of six consecutive years after becoming a member of the retirement system.
(Acts 1975, No. 1102, p. 2173, §3.)...
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36-27-28
Section 36-27-28 Exemption from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension, an annuity, a retirement allowance or to the return
of contributions, the pension, annuity or retirement allowance itself and any optional benefit
or any other right accrued or accruing to any person under the provisions of this article
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever and shall be unassignable except as in this article specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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