Title 12 — Title 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 …

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 the Chief Justice of the Supreme Court, who, upon finding the existence o…

When a district judge retires pursuant to this article, the office then held by him shall become vacant, and the vacancy shall be filled as provided by the Constitution. History: (Acts 1975, No. 1205, p. 2384, §4-126.)

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 percent of the salary payable by the state to district judges on the date such judge retires. Retired district judges shall also be…

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 who retired prior to October 1, 1986, shall be entitled to the benefits provided by law on the date of retirement, and shall also be…

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 disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable to the state for the po…

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 the Court of Criminal Appeals serving on September 18, 1973, who elects to become a member of the retirement syste…

After the death of any district judge, who, while serving as an intermediate court judge or as a district judge, has contributed or paid into a county retirement system or to a state retirement system for a minimum of five years, his spouse shall receive a yearly benefit from the…

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 benefits prior to April 7, 1988. History: (Acts 1988, No. 88-164, p. 264, §5.)

Judges on Active Duty; Removal from Active Duty. (a) Any district judge who has retired pursuant to this article or Article 7, on the request of the presiding circuit judge of the applicable judicial circuit and with the approval of the Chief Justice, may be called to interim act…

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…

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 …

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 before June 1,1976, who has time of service as a full-time state prosecutor or assistant state p…

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…

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 of the Judicial Retirement Fund at a future date, who had previously withdrawn his or her funds from the Judicial …

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

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 Ju…

(a) Judges on fees. After October 1, 1976, each probate judge compensated by fees who elects to come under the provisions of Article 1 of this chapter or who comes under the provisions of Article 1 of this chapter by operation of law shall contribute to the Judicial Retirement Fu…

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…

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 …

Notwithstanding any law to the contrary, any judge of probate who has served for not less than 24 years on any one or more of such courts or has 24 years of creditable service in the Judicial Retirement Fund shall be eligible to retire under this chapter, regardless of age, if up…

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 to elect such retirement with the Chief Justice of the Supreme Court, w…

When a probate judge retires pursuant to this article, the office then held by him shall become vacant, and the vacancy shall be filled as provided by the Constitution. History: (Acts 1975, No. 1205, p. 2384, §3-108.)

(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 su…

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 as a probate judge. Such retired probate judge shall be entitled to receive from the county in which …

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 state retires pursuant to this article the office then held by him shall become vacan…

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 Electi…

The provisions of this article shall become effective on October 1, 1976, unless otherwise provided in this article. No contributions shall be paid, no elections shall be made, and no benefits shall accrue under this article until October 1, 1976, unless otherwise provided in thi…