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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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12-18-87
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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12-18-10
Section 12-18-10 Retirement and disability benefits of justices of Supreme Court, judges of
courts of appeals and judges of circuit courts; payment of benefits to spouses upon death
of justices or judges; call to active duty status of retired justices or judges; powers, duties,
compensation, etc., of retired justices or judges on active duty status; transfer of justices
or judges from active to inactive status, etc. (a) The retirement benefit payable to a justice
of the Supreme Court or judge of one of the courts of appeals retiring pursuant to subdivision
(2), (3), (4) or (5) of subsection (a) of Section 12-18-6 shall be 75 percent of the salary
prescribed by law for the position from which he retires, payable monthly for the rest of
his life. Such benefit shall continue to be 75 percent of his salary prescribed by law for
such position and shall change in amount as such salary is hereafter increased or decreased
by law and shall not be subject to writs of attachment or garnishment....
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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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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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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12-18-7
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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12-18-5
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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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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12-2-30
Section 12-2-30 Powers and duties as to supervision and administration of courts generally.
(a) The Chief Justice shall see that the business of the several courts of the state is attended
with proper dispatch and that cases, civil and criminal, are not permitted to become congested
or delayed, and he shall take care that prisoners are not allowed to remain in the jails without
a prompt trial. (b) In connection with these duties and other responsibilities, the Chief
Justice is authorized and empowered: (1) To maintain a roster of supernumerary circuit judges
who are willing and able to undertake special duties from time to time and to assign supernumerary
circuit judges in accordance with the provisions of law and, further, to assign supernumerary
circuit judges and circuit judges, provided they are agreeable, in connection with studies,
projects and functions designed to improve the administration of justice and the courts in
Alabama and in connection with projects, studies and...
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