Retirement benefits; participation of qualifying sheriffs in supernumerary program and Employees' Retirement System based on separate years of service authorized

Plain English Breakdown

The source text does not define what constitutes a 'supernumerary sheriff program' beyond its name.

Rules for Sheriff Retirement Programs

This law stops sheriffs from using the same work time to get benefits in two retirement programs but allows them to join both if they have separate years of service.

What This Bill Does

• Prohibits individuals from participating in a supernumerary sheriff program and the Employees' Retirement System based on the same service.
• Allows qualifying sheriffs who independently qualify for each program based on separate years of service to participate in both programs.
• Requires eligible sheriffs with other retirement options to choose which plan they want within 60 days after becoming eligible for payments under this article.

Who It Names or Affects

• Sheriffs who qualify for a supernumerary sheriff program and the Employees' Retirement System based on separate years of service.
• The proper authority that receives notice when sheriffs choose their retirement plan.

Terms To Know

Supernumerary sheriff program

A specific benefit or retirement program for sheriffs mentioned in the law.

Employees' Retirement System (ERS)

The state system that provides retirement benefits to employees, including qualifying sheriffs with separate service years.

Limits and Unknowns

• The law does not define the specific requirements for independently qualifying for each program.
• This act becomes effective on October 1, 2026.
• The text states that choosing a plan under this article will not affect entitlement to benefits under Article 4 of Chapter 21.

Official Summary Text

This act amends Section 36-22-64, Code of Alabama 1975, to: (1) prohibit individuals from participating in both a supernumerary sheriff program and the Employees' Retirement System (ERS) based on the same service; and (2) authorize individuals who independently qualify for a supernumerary sheriff program and the ERS based on separate service to participate in both programs.

Current Bill Text

HB311 ENROLLED
Page 0
HB311
7BXH3EV-3
By Representative Underwood
RFD: Ways and Means General Fund
First Read: 22-Jan-26
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HB311 Enrolled
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First Read: 22-Jan-26
Enrolled, An Act,
Relating to retirement benefits; to amend Section
36-22-64, Code of Alabama 1975, to authorize qualifying
sheriffs to participate in both a supernumerary sheriff
program and the Employees' Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 36-22-64, Code of Alabama 1975, is
amended to read as follows:
"§36-22-64
(a) No individual may participate in both a
supernumerary sheriff program and the Employees' Retirement
System based on the same service.
(b) An individual who independently qualifies for a
supernumerary sheriff program and the Employees' Retirement
System based on separate years of service may participate in
both programs.
(c) If any sheriff is eligible for retirement benefits
under any other county, state , or municipal retirement plan or
act, then, in that event, he or she shall elect the plan plans
or act acts in which he or she desires to participate and
shall so notify the proper authority within not later than 60
days after he or she becomes eligible for any payments under
this article . It is further ; provided, however that such
election shall not affect any such person's individual's
entitlement to benefits under the provisions of Article 4 of
Chapter 21 of this title ."
Section 2. This act shall become effective on October
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HB311 Enrolled
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Section 2. This act shall become effective on October
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HB311 Enrolled
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 03-Mar-26.
John Treadwell
Clerk
Senate 09-Apr-26 Passed
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