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HB312 ENROLLED
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HB312
EJWJG29-3
By Representative Hill
RFD: Ways and Means General Fund
First Read: 22-Jan-26
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HB312 Enrolled
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First Read: 22-Jan-26
Enrolled, An Act,
Relating to the District Attorneys' Plan for Retirement
under the Judicial Retirement Fund; to amend Sections
12-17-227.4 and 12-17-227.5, Code of Alabama 1975; to revise
the percentage of a member's average final compensation used
for determining a member's pension; and to revise the maximum
amount of a service retirement allowance and a disability
retirement allowance.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 12-17-227.4 and 12-17-227.5 of the
Code of Alabama 1975, are amended to read as follows:
"§12-17-227.4
(a) Any member who withdraws from service upon or after
attainment of age 62 years of age 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
retired ;, provided , that any such member shall have completed
10 or more years of membership service in the District
Attorneys' Plan.
(b) Any member who has attained age 62 years of age and
has previously withdrawn from service may retire upon written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
retired ;, provided , that any such member shall have completed
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retired ;, provided , that any such member shall have completed
10 or more years of membership service.
(c) Upon retirement from service, the member shall
receive a service retirement allowance which shall consist of
an annuity, which shall be the actuarial equivalent of the
member's accumulated contributions at the time of retirement,
and a pension, which when added to the member's annuity shall
be equal to three percent (3%) four percent of the member's
average final compensation multiplied by the member's number
of years of membership service. Notwithstanding the foregoing,
the service retirement allowance shall not exceed eighty
percent (80%) 75 percent of the member's average final
compensation. The service retirement allowance of a member who
has attained 18 or more years of membership service shall be
75 percent of the member's average final compensation. "
"§12-17-227.5
(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 the date of filing
of such application ;, provided that the medical board, after a
medical examination of such member, shall certify that such
individual is totally and permanently mentally or physically
incapacitated from regular and substantial gainful employment ,
and that such member should be retired.
(b) Upon retirement for disability, the member shall
receive a service retirement allowance if he or she has
attained age 62 years of age ; otherwise, he or she shall
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attained age 62 years of age ; otherwise, he or she shall
receive a disability retirement allowance which shall consist
of an annuity, which shall be the actuarial equivalent of the
member's accumulated contributions at the time of retirement,
and a pension, which when added to the member's annuity shall
be equal to three percent (3%) four percent of the member's
average final compensation multiplied by the member's number
of years of membership service. Notwithstanding the foregoing,
the disability retirement allowance shall not exceed eighty
percent (80%) 75 percent of the member's average final
compensation. The disability retirement allowance of a member
who has attained 18 or more years of membership service shall
be 75 percent of the member's average final compensation.
(c) Once each year during the first five years
following the retirement of a member on a disability
retirement allowance and once every three-year period
thereafter, the Board of Control may require any disability
beneficiary who has not yet attained age 62 years of age to
undergo a medical examination, such examination to be made at
the place of residence of such beneficiary or other place
mutually agreed upon by a physician or physicians of or
designated by the medical board. Should any disability
beneficiary who has not yet attained age 62 years of age
refuse to submit to such medical examination, his or her
retirement allowance may be discontinued until his or her
withdrawal of such refusal, and should his or her refusal
continue for one year, all his or her rights in and to his or
her pension may be revoked by the Board of Control. Should the
medical board report and certify to the Board of Control that
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medical board report and certify to the Board of Control that
a disability beneficiary has the capacity to engage in regular
and substantial gainful employment, the Board of Control shall
discontinue the beneficiary's retirement allowance until the
beneficiary is otherwise eligible for service retirement."
Section 2. This act shall become effective on October
1, 2026.
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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 05-Mar-26, as amended.
John Treadwell
Clerk
Senate 01-Apr-26 Passed
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