Retirement benefits, revise circumstances when an individual's pension, annuity, or retirement allowance be...
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SB 32 — Retirement benefits, revise circumstances when an individual's pension, annuity, or retirement allowance benefits are subject to certain recovery actions
Last action — Enacted
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 17, 2024. Enacted.
Signed by Governor Kay Ivey (Republican) on May 17, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Retirement
Bill Text
What changed in the latest version
170 added · 154 removedPlain-language change summary
The recently amended SB 32 updates sections of the law regarding retirement benefits for teachers and employees in Alabama. These changes clarify the conditions under which an individual's pension, annuity, or retirement allowances can be subjected to recovery actions like taxation or garnishment. This matters because it aims to offer greater protection for retirees' benefits, ensuring that their hard-earned savings are less vulnerable to state or municipal claims. Ultimately, this could provide more financial security for those relying on these retirement programs.
SB32 INTRODUCEDENROLLED SB32 R6EWNYM-1R6EWNYM-2 By Senator Barfoot RFD:
06-Feb-24 Page 0 R6EWNYM-1SB32 01/08/2024Enrolled CNBEnrolled, (L)bmAn 2024-89Act, 23 4Relating SYNOPSIS:to retirement benefits;
Under existing law, certain pension, annuity, or retirement allowance benefits under the Teachers' Retirement System and the Employees' Retirement System are subject to state or municipal tax, levy, sale, garnishment, attachment, or any other related process under certain circumstances.
This bill would revise the circumstances in which an individual's pension, annuity, or retirement allowance benefits under the Teachers' Retirement System and the Employees' Retirement System are subject to certain recovery actions.
A BILL TO BE ENTITLED AN ACT Relating to retirement benefits;
Page 1 SB32 INTRODUCED Section 1.
(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 allboth Page 1 SB32 Enrolled of the following are satisfied:
(2) If the requirements of subdivision (1) are met, and upon a motion filed by the district attorney, the circuit or Page 2 SB32 INTRODUCED district court judge may order that the Teachers' Retirement System pay to the circuit clerk of the court no more than 25 percent of the retiree's or beneficiary's gross monthly benefit less any deductions for child support or health insurance for any dependents, to be applied to the balance of the restitution, fines, court costs, fees, or other financial obligations ordered in the criminal case.
Page 2 SB32 Enrolled f.
Any payment received by the circuit clerk in an amount Page 3 SB32 INTRODUCED over what was owed shall be paid back to the Teachers' Retirement System within 60 days with the specific identifying information as to the retiree or the beneficiary to whom it is owed." "§36-27-28 (a) Except as provided in subsection (b), the right of a personan individual 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 95 personindividual 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 Page 3 SB32 Enrolled circuit or district court judge in this state are not subject to the exemption set out in subsection (a), provided allboth of the following are satisfied:
Page95 4 SB32 INTRODUCED (2) If the requirements of subdivision (1) are met, and upon a motion filed by the district attorney, the circuit or district court judge may order that the Employees' Retirement System pay to the circuit clerk of the court no more than 25 percent of the retiree's or beneficiary's gross monthly benefit less any deductions for child support or health insurance for any dependents, to be applied to the balance of the restitution, fines, court costs, fees, or other financial obligations ordered in the criminal case.
Page 4 SB32 Enrolled d.
Thereafter, the court Page 5 SB32 INTRODUCED shall issue an order to stop the diversion of the individual's funds.
Page 65 SB32 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB32 Senate 05-Mar-24 I hereby certify that the within Act originated in and passed the Senate.
Patrick Harris, Secretary.
House of Representatives Passed:
08-May-24 By:
Senator Barfoot Page 6
Action History
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Enacted
Sponsors
- Will Barfoot · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 27 | 0 | 0 | 1 |
| Total | 102 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (103)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 1 |
| R | 71 | 0 | 0 | 0 |
| D | 27 | 0 | 0 | 1 |
| Total | 101 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (103)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 25 | 0 | 0 | 1 |
| D | 5 | 0 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 31 | 0 | 0 | 4 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Not Voting |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Not Voting |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Wes Kitchens | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 25 | 0 | 0 | 1 |
| D | 5 | 0 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 31 | 0 | 0 | 4 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Not Voting |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Not Voting |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Wes Kitchens | R | Yea |
| Will Barfoot | R | Yea |
Subjects
Frequently asked questions
- What does SB 32 do?
- Retirement
- Who sponsors SB 32?
- SB 32 is sponsored by Will Barfoot (R).
- What is the current status of SB 32?
- This bill has been enacted into law. Introduced May 17, 2024. Enacted.
- Where can I track SB 32?
- Track SB 32 free on One Click Politics — get push/email alerts when it moves.
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