Title 12 — Title 12

(a) There is hereby created and established a continuing fund to be known as the Judicial Retirement Fund. (b) The fund shall be made up from contributions from justices of the Supreme Court, supernumerary justices of the Supreme Court, judges of the Court of Civil Appeals, judge…

Judges of Courts of Appeals, and Judges of Circuit Courts; Interim Active Duty Status; Removal from Active Duty. (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 12-18-6(a)(2), (3), (4), or …

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 in a position other than as a circuit ju…

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, was a member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama may elect to transfer to th…

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 Fund, shall be ent…

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…

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 creditable service transferred under this article to qualify for retirement and/or benefits under the …

The provisions of this article are cumulative and supplemental to other law or laws relating to this subject and shall not be construed to repeal any law or part of law not directly in conflict herewith. History: (Acts 1980, No. 80-461, p. 714, §5.)

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 of this article shall be applicable to such state judicial officeholders; provided, however, that …

The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith. History: (Acts 1973, No. 1163, p. 1948, §13.)

This article does not apply to anyone who assumed office as a justice of the Supreme Court, a judge of the Court of Civil Appeals, a judge of the Court of Criminal Appeals, or a circuit judge before July 30, 1979. This article also does not apply to anyone who assumed office as a…

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 of Criminal Appeals, any circuit judge, or any district judge who has served for not less than 25 years on any one or more of such court…

With the exception of justices of the Supreme Court and judges of the appellate courts, circuit courts, and district courts who assumed office prior to July 30, 1979, and who are exempted from Section 12-18-40, and this article, the retirement pay or benefits of any justice or ju…

Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, or district judge who has 24 years of creditable service in the Judicial Retirement Fund of Alabama may elect to purchase credit in the Judicial Retiremen…

The provisions of this article are cumulative and supplemental to other statutes or laws relating to judicial retirement and shall not be construed to repeal any law or part of law not directly in conflict herewith. Nothing herein shall be construed to eliminate, reduce, or modif…

The Board of Control of the Employees’ Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the retirement fund as may be necessary to ensu…

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of all the amounts deducted from the compensation of a member credited to his or her individual a…

There is hereby created and established the Judges’ and Clerks’ Plan under the Judicial Retirement Fund. History: (Act 2015-498, §3.)

(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…

(a) Any active and contributing member of the Judges’ and Clerks’ Plan who, not more than one year prior to becoming a member of the plan was a member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama, may elect to transfer his or her me…

(a) Any member who withdraws from service upon or after attainment of age 62 may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be…

(a) Upon application of an active and contributing member, any such member who has 10 or more years of membership service who becomes disabled may be retired on a disability retirement allowance by the Board of Control not less than 30 days nor more than 90 days next following th…

(a) Should a member cease to be a judge or clerk except by death or by retirement under the provisions of this article, the contributions standing to the credit of his or her individual account in the fund shall be paid to him or her upon demand and, in addition to that payment, …

Any member of the plan who is retired and who has selected a survivor option may cancel the survivor allowance payable to his or her designated beneficiary. Such election shall be in accordance with the rules and regulations prescribed by the Board of Control and once made by the…

(a) Any member who, at the time of his or her retirement is a member of and holds a policy in any state group hospitalization or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his or her retirement pay a suf…

The Judges’ and Clerks’ Plan shall be under the management and supervision of the Employees’ Retirement System as a component of the Judicial Retirement Fund, with all contributions to the plan deposited and held in the same manner as contributions to the Judicial Retirement Fund…

All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation. History: (Act 2015-498, §12.)

(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall …

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…

Official copies of records or documents maintained on microfilm, microfiche, or other photo-reproductive material of archival quality by the Employees’ Retirement System shall be admissible as primary evidence in any legal, judicial, or administrative proceeding or action for the…

No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this arti…

The Board of Control is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the plan as may be necessary to ensure the plan’s compliance with the qualification standards …

null History: (Act 2026-202, §1.)

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 Control of the said State Employees’ Retirement System, and said board of control shall be the tr…

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 provisions of this chapte…

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 o…

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 12-18-10 must, at the time of the filing of the instrument showing his election to come…

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 12-18-10 must, at the time of the filing of the instrument showing his election to come under …

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 1, 1976, is authorized to elect to come un…

The provisions of this article shall become effective on October 1, 1976. No contributions shall be paid, no elections shall be made and no benefits shall accrue under the provisions of this article until October 1,1976. History: (Acts 1975, No. 1205, p. 2384, §18-103.)

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 meets the requirements for retirement prescribed in this art…

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 fol…

Any person with service as a judge of a district court who assumes the office of circuit judge or as a justice of the Supreme Court or judge of a court of appeals shall be entitled to receive creditable service for such time served as judge of a district or county court for inclu…

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…

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 as provided in this article. Such retirement shall be on order of the Board of Control of the Judicial R…

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 …

After January 16, 1977, each district judge who comes under the provisions of Article 1 of this chapter by election or by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of his annual com…

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 …

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 R…

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 …