SB 12 — RSA, certain conditions removed for retired elected official under TRS or ERS to serve in another elected public office for compensation without suspension of benefits

SB12 ENGROSSEDENROLLED SB12 8NUPHHF-28NUPHHF-3 By Senator Elliott RFD:

04-Jan-24 Page 0 SB12 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to the Retirement Systems of Alabama;

"§16-25-26 (a) Any person who is retired under the Teachers' Retirement System may perform duties in any capacity, including as an independent contractor, with any employer participating in the Employees' Retirement System or the Teachers' Retirement System without suspension of his or her retirement allowance provided that (1) the person is not employed in a permanent full-time capacity and (2) the Page 1 SB12 Engrossed person's compensation from the employer in calendar year 2016 does not exceed thirty thousand dollars ($30,000).

Beginning in calendar year 2017, and each calendar year thereafter, the annual earning limit shall be increased by the same percentage increase as the increase in the Consumer Price Index for all Page 1 SB12 Enrolled urban consumers as published by the U.S.

provided further, that this subsection shall apply to elected officials whose participation in the Teachers' Retirement System or the Employees' Retirement Page 2 SB12 Engrossed System is constitutionally required to be upon the same terms and conditions as specified by law for other employees in the retirement system if such elected official's compensation does not exceed the annual earning limits provided in subsection (a).

Any provision of this subsection to the contrary Page 2 SB12 Enrolled notwithstanding, a retiree serving as a local elected superintendent of education shall not receive both pension benefits and salary unless his or her compensation as a local elected superintendent of education does not exceed the annual earning limits provided in subsection (a).

The retiree shall provide written notice of the postretirement employment under this section to the Teachers' Retirement System and employing authority within 30 days after the date the retiree knows or should know that he or she will be performing duties on a full-time or permanent basis or will earn an amount in excess of the annual earning limit under this section." "§36-27-8.2 (a) Any individual who is retired under the Employees' Retirement System may perform duties in any capacity, including as an independent contractor, with any employer participating in the Employees' Retirement System or the Teachers' Retirement System without suspension of his or her retirement allowance provided that (1) the individual is not Page 3 SB12 Engrossed employed in a permanent full-time capacity and (2) the individual's compensation from the employer in calendar year 2016 does not exceed thirty thousand dollars ($30,000).

Beginning in calendar year 2017, and each calendar year thereafter, the annual earning limit shall be increased by the Page 3 SB12 Enrolled same percentage increase as the increase in the Consumer Price Index for all urban consumers as published by the U.S.

Any increase in the annual earning limit shall be rounded to the next lowest multiple of one thousand dollars ($1,000) with any 95 amount in excess of the one thousand dollar ($1,000) multiple considered in determining the increase for the following year.

Each adjustment shall be based on the increase in the index for the preceding 12-month period ending on September 30 and the increase shall be effective for the following calendar 95 year.

provided further, Page 4 SB12 Engrossed that this subsection shall apply to elected officials whose participation in the Teachers' Retirement System or the Employees' Retirement System is constitutionally required to be upon the same terms and conditions as specified by law for other employees in the retirement system if the elected Page 4 SB12 Enrolled official's compensation does not exceed the annual earning limits provided in subsection (a).

(d)(1) Any individual who is retired under the Employees' Retirement System, has the applicable Alabama Peace Officers' Standards and Training certification, and was classified as either a law enforcement officer, as defined in Page 5 SB12 Engrossed Section 36-27-59, or a state policeman, as defined in Section 36-27-1, prior to retirement, may perform duties as either a school resource officer, as defined in Section 16-1-44.1, or a correctional officer with the Department of Corrections without suspension of his or her retirement allowance, Page 5 SB12 Enrolled provided that the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year.

Page 6 SB12 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................6-Feb-24________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives CountySB12 andSenate Municipal05-Mar-24 GovernmentI Readhereby forcertify that the secondwithin timeAct andoriginated placedin ................07-Feb-24and onpassed the calendar:Senate, as amended.

1 amendment Read for the third time and passed ................05-Mar-24 as amended Yeas 32 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 7of Representatives Passed:

30-Apr-24 By:

Senator Elliott Page 7