Chapter 1 - Judicial Retirement
- Article 1 Judicial Retirement Fund; Justices of Supreme Court, Judges ofCourts of Appeals and Judges of Circuit Courts Generally.
- Section 12-18-1 Judicial Retirement Fund created; composition of fund
(a) There is hereby created and established a continuing fund to be known as the Judicial Retirement Fund. (b) The fund shall be made ...
- Section 12-18-2 Administration of fund; disbursement of funds; appeals from decisions of Board of Control
(a) The Judicial Retirement Fund shall be administered by the Secretary-Treasurer of the State Employees' Retirement System under the supervision of the Board of ...
- Section 12-18-3 Appropriation of moneys by Legislature for Judicial Retirement Fund; payment of state contributions to fund in event of failure of state to appropriate moneys, etc., for fund
The Legislature from time to time shall appropriate sufficient moneys out of the General Fund of the State Treasury to sufficiently provide for the ...
- 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 ...
- Section 12-18-5 Right of election of justices of Supreme Court, judges of courts of appeals and judges of circuit courts holding office on September 18, 1973, to come under provisions of article; applicability of provisions of article to justices or judges elected or appointed to office after September 18, 1973, generally; contributions to retirement fund by justices and judges generally; granting of credit for military service to justices or judges; state and local governing bodies authorized to pick-up member contributions to retirement fund
(a) Every justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of ...
- Section 12-18-6 Eligibility for retirement of justices of Supreme Court, judges of courts of appeals and judges of circuit courts
(a) The Chief Justice or any associate justice of the Supreme Court, any judge of the Court of Civil Appeals or any judge of ...
- 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 ...
- 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 ...
- Section 12-18-8.1 Time of service as full-time state prosecutor, etc., may be credited as time in judicial position with Judicial Retirement System
Any justice of the Supreme Court or judge of one of the courts of appeals or any circuit court judge holding office on or ...
- Section 12-18-8.2 Eligibility for retirement of circuit judges; credit for former service in executive department of state; credit for service as full-time assistant district attorney, deputy district attorney or assistant attorney general
(a) Any circuit judge who is an active and contributing member of the Judicial Retirement Fund of Alabama and has been such a member ...
- Section 12-18-8.3 Restoration of prior creditable service; participation in other public retirement systems
Notwithstanding any other provisions in this chapter, any judge who is currently a member of the Judicial Retirement Fund or who becomes a member ...
- Section 12-18-9 Offices deemed vacant upon retirement of justices of Supreme Court, judges of courts of appeals or judges of circuit courts; filling of vacancies
Whenever a justice of the Supreme Court or judge of one of the courts of appeals or judge of a circuit court of the ...
- 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 ...
- Section 12-18-11 Crediting to circuit court judges toward retirement of prior service for which entitled to credit toward supernumerary status in position other than as circuit judge
Any judge of a circuit court holding office on September 18, 1973 who is entitled to credit for prior service toward earning supernumerary status ...
- Section 12-18-12 Applicability of provisions of article to future additional state judicial offices
Should there hereafter be created a different or additional state judicial office, for which officeholders receive compensation from the State Treasury, then the provisions ...
- Section 12-18-13 Construction of article
The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith. ...
- Section 12-18-14 Compliance with qualification standards
The Board of Control of the Employees' Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and ...
- Article 2 Supernumerary Justices of Supreme Court and Circuit Court Judges.
- Section 12-18-30 Right of election of justices of Supreme Court and judges of circuit courts becoming supernumerary justices or judges prior to September 18, 1973, to come under provisions of Article 1 of chapter; filing of instrument as to election with Clerk of Supreme Court
Any former justice of the Supreme Court or judge of any of the several circuit courts of this state who became a supernumerary justice ...
- Section 12-18-31 Contribution for payment of benefits to spouse of supernumerary justice of Supreme Court upon death thereof
A supernumerary justice of the Supreme Court who desires that his spouse receive after his death the benefits provided in subsection (c) of Section ...
- Section 12-18-32 Contribution for payment of benefits to spouse of supernumerary circuit court judge upon death thereof
A supernumerary judge of a circuit court who desires that his spouse receive, after his death, the benefits provided in subsection (c) of Section ...
- Section 12-18-33 Surviving spouses' election to obtain benefits under provisions of Article 1 of chapter; payment to Judicial Retirement Fund by surviving spouse at time of election
The surviving spouse of any justice or judge, active or supernumerary, who died at any time before the expiration of one year from October ...
- Section 12-18-34 Effective date
The provisions of this article shall become effective on October 1, 1976. No contributions shall be paid, no elections shall be made and no ...
- Article 2A Eligibility Requirements.
- 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 ...
- Section 12-18-41 Prior creditable service as district or county court judge
Any person with service as a judge of a district court who assumes the office of circuit judge or as a justice of the ...
- Article 3 District Court Judges.
- Section 12-18-50 Entitlement to retirement and receipt of pension of district judges generally; retirement order
Every district judge who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension ...
- Section 12-18-51 Right of election of judges of county courts or full-time municipal court judges entitled to receive commissions as district judges to come under provisions of Article 1 of chapter; filing of notice of election with Clerk of Supreme Court, Secretary-Treasurer of Judicial Retirement Fund and governing body of county or municipality; applicability of provisions of Article 1 of chapter to district court judges elected or appointed to office after October 10, 1975
(a) Each judge of a county court or full-time municipal court judge entitled to receive a commission as a district judge pursuant to the ...
- Section 12-18-52 Contributions to retirement fund by judges generally
After January 16, 1977, each district judge who comes under the provisions of Article 1 of this chapter by election or by operation of ...
- 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 ...
- Section 12-18-54 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 district judge be terminated prior to the time said judge is entitled to receive retirement benefits under this article, ...
- 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 ...
- Section 12-18-56 Filing of notice of intention to retire with Chief Justice of Supreme Court by district judge; endorsement and forwarding thereof by Chief Justice
Any judge of the state who desires to be retired pursuant to this article shall file a written notice of election to retire with ...
- Section 12-18-57 Office deemed vacant upon retirement of judge; filling of vacancy
When a district judge retires pursuant to this article, the office then held by him shall become vacant, and the vacancy shall be filled ...
- Section 12-18-58 Judges' retirement benefits
The annual retirement benefit payable to a judge retiring pursuant to subdivisions (2) through (5) of subsection (a) of Section 12-18-55 shall be 75 ...
- Section 12-18-58.1 Applicability of Sections 12-18-55 and 12-18-58
The provisions of Sections 12-18-55 and 12-18-58 shall only apply to those district judges retiring on or after October 1, 1986. Any district judge ...
- Section 12-18-59 Judges' disability benefits
Any judge retiring pursuant to subdivision (1) of subsection (a) of Section 12-18-55 who has served for 10 years shall be entitled to a ...
- Section 12-18-60 Payment of benefits to spouses upon death of judges
After the death of any district judge, who, while serving as an intermediate court judge or as a district judge, has contributed or paid ...
- Section 12-18-60.1 Applicability of Section 12-18-60
The provisions of Section 12-18-60 shall be applicable to all persons now receiving district judge's spousal benefits or who may be entitled to such ...
- Section 12-18-61 Call to active duty of retired judges; compensation of retired judges on active duty; termination of active duty
Any district judge who has retired pursuant to this article may be called by the Chief Justice to temporary active duty in any court. ...
- Article 4 Probate Judges.
- Section 12-18-80 Entitlement to retirement and receipt of pension of probate judges generally; retirement order
Every probate judge who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension ...
- Section 12-18-81 Right of election of probate judges holding office on or after December 27, 1973, to come under provisions of Article 1 of chapter; filing of instrument as to election with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees' Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected or appointed to office after October 1, 1976; state and local governing bodies authorized to pick-up member contributions to retirement fund
Each probate judge holding office in the several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall ...
- Section 12-18-82 Contributions to retirement fund by judges
(a) Judges on fees. - After October 1, 1976, each probate judge compensated by fees who elects to come under the provisions of Article ...
- 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 ...
- 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 ...
- 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 ...
- Section 12-18-85 Filing of declaration as to intention to retire with Chief Justice of Supreme Court; endorsement and forwarding thereof by Chief Justice
Any probate judge of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention ...
- Section 12-18-86 Office deemed vacant upon retirement of judge; filling of vacancy
When a probate judge retires pursuant to this article, the office then held by him shall become vacant, and the vacancy shall be filled ...
- 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 12-18-88 Call to active duty of retired judges; compensation of retired judges on active duty; termination of active duty
Every probate judge who has retired pursuant to this article may, on the request of the Chief Justice, be called to active duty status ...
- Section 12-18-90 Provisions of article not applicable to supernumerary probate judges; receipt of benefits as supernumerary probate judge, etc., by probate judge electing to come under provisions of Article 1 of chapter; transfer to Judicial Retirement Fund of moneys paid to counties under provisions of Article 3 of Chapter 13 of this title by probate judges electing to come under provisions of Article 1 of chapter
This article shall not apply to any supernumerary probate judge. No probate judge who elects to come under the provisions of Article 1 of ...
- Section 12-18-91 Effective date
The provisions of this article shall become effective on October 1, 1976, unless otherwise provided in this article. No contributions shall be paid, no ...
- Section 12-18-92 1984 cost of living increase
(a) There is hereby provided, commencing October 1, 1984, to any probate judge retired prior to October 1, 1983, under the Judicial Retirement Fund ...
- Section 12-18-93 Cost-of-living adjustments
(a) Any retired judge of probate receiving benefits from the Judicial Retirement Fund shall be entitled to receive any cost-of-living adjustment provided by law ...
- Article 5 Transfer of Contributions and Creditable Service From Employees'Retirement System and Teachers' Retirement System to Judicial Retirement Fund.
- Section 12-18-110 Transfer of contributions and creditable service - Eligibility period; procedure
(a) Any member of the Judicial Retirement Fund, who, not more than one year prior to becoming a member of the Judicial Retirement Fund, ...
- Section 12-18-111 Transfer of contributions and creditable service - Eligibility requirements; adjusted benefits; formulas; district or probate judges excepted; spouses benefits
(a) Any member of the Judicial Retirement Fund of Alabama whose creditable service and contributions have been certified and transferred to the Judicial Retirement ...
- 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 ...
- Section 12-18-113 Transfer of contributions and creditable service - Probate judge's adjusted benefit formulas; spouse's benefits
In the event a member of the Judicial Retirement Fund, who is a probate judge, or a surviving spouse thereof, must employ and count ...
- Section 12-18-114 Article supplemental to other related laws
The provisions of this article are cumulative and supplemental to other law or laws relating to this subject and shall not be construed to ...
- Article 6 Retirement Upon 25 Years of Service; Allow to Purchase Credit for Final Year.
- Section 12-18-130 Applicability
This article does not apply to anyone who assumed office as a justice of the Supreme Court, a judge of the Court of Civil ...
- Section 12-18-131 Eligibility to retire regardless of age
Notwithstanding Section 12-18-40 or 12-18-55, any justice of the Supreme Court, any judge of the Court of Civil Appeals, any judge of the Court ...
- Section 12-18-132 Retirement benefits
With the exception of justices of the Supreme Court and judges of the appellate courts, circuit courts, and district courts who assumed office prior ...
- Section 12-18-133 Purchase of additional credit
Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, or district ...
- Section 12-18-134 Construction of article
The provisions of this article are cumulative and supplemental to other statutes or laws relating to judicial retirement and shall not be construed to ...
