Read the full stored bill text
HB589 INTRODUCED
Page 0
HB589
3PMHTZZ-1
By Representative Simpson
RFD: Ways and Means General Fund
First Read: 10-Mar-26
1
2
3
4
5
3PMHTZZ-1 03/05/2026 KMS (L)cr 2026-670
Page 1
First Read: 10-Mar-26
SYNOPSIS:
This bill would allow active and participating
judges, clerks, and district attorneys to purchase
withdrawn service from the District Attorneys Plan and
the Judges' and Clerks' Plan in the same manner that
members of the Employees' Retirement System and the
Teachers' Retirement System are allowed under their
plans.
A BILL
TO BE ENTITLED
AN ACT
Relating to the District Attorneys' Plan and the
Judges' and Clerks' Plan; to amend Sections 12-17-227.3 and
12-18-153, Code of Alabama 1975; to allow members of those
plans to purchase withdrawn service from those plans.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 12-17-227.3 and 12-18-153 of the
Code of Alabama 1975, are amended to read as follows:
"§12-17-227.3
(a) Any active and contributing member of the District
Attorneys' Plan who, not more than one year prior to becoming
a member of the plan was a member of the Employees' Retirement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HB589 INTRODUCED
Page 2
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 membership service
and accumulated contributions in the Employees' Retirement
System or the Teachers' Retirement System to the District
Attorneys' Plan.
(b) Any active and contributing member desiring to
transfer any membership service and accumulated contributions
under subsection (a) shall notify the Board of Control of the
Employees' Retirement System of his or her election to
transfer membership service and shall authorize the transfer
of the amount of his or her accumulated contributions to his
or her credit in the Employees' Retirement System or Teachers'
Retirement System to his or her account in the District
Attorneys' Plan.
(c) The Board of Control transferring the membership
service and contributions shall thereupon certify to the Board
of Control of the Employees' Retirement System and to the fund
the amount of contributions and service creditable to the
member at the time of separation from the transferring
retirement system. The member shall be credited in the fund
with the membership service and accumulated contributions so
certified.
(d) Any active and contributing member of the District
Attorneys' Plan who has previously withdrawn his or her funds
from the Employees' Retirement System, the Teachers'
Retirement System, the Judges' and Clerks' Plan, or the
District Attorneys' Plan or whose account has been terminated
due to five years absence shall have restored to him or her
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
HB589 INTRODUCED
Page 3
due to five years absence shall have restored to him or her
all creditable service; provided, that the judge or clerk
shall complete two years of contributing membership service
after becoming a member of The Judicial Retirement Fund and
shall repay the amount previously returned to him or her,
including compounded interest of eight percent to the date of
repayment, to the treasurer of the retirement system prior to
the date of retirement of the judge or clerk. Notwithstanding
the foregoing, any member who elects to purchase credit for
withdrawn service shall be eligible to purchase the credit
only to the extent that the member does not have credit
established with any other public retirement system for the
same period of service. Should any member have established
part credit with another public retirement system for any
period of withdrawn service, then that member shall only be
eligible to purchase that portion of the withdrawn service for
which the member does not otherwise have credit. In
determining credit with other public retirement systems,
coverage under the federal Social Security program may not be
considered.
(d)(e) Anything in this division to the contrary
notwithstanding, in the application of the foregoing
provisions of this section to a member whose membership
service includes a period of service as a district attorney
and a period of service in another employment classification,
the benefit rates applicable to a district attorney shall
apply to all membership service as a district attorney, and
the benefit rates applicable to the member's other employment
classification shall apply to membership service in such other
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
HB589 INTRODUCED
Page 4
classification shall apply to membership service in such other
classification. In all other respects, the pension under this
section shall be determined on the basis of the member's
employment classification at the time of his or her withdrawal
from service."
"§12-18-153
(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 membership service
and accumulated contributions in the Employees' Retirement
System or the Teachers' Retirement System to the Judges' and
Clerks' Plan.
(b) Any active and contributing member desiring to
transfer any membership service and accumulated contributions
under subsection (a) shall notify the Board of Control of the
Employees' Retirement System of his or her election to
transfer membership service and shall authorize the transfer
of the amount of his or her accumulated contributions to his
or her credit in the Employees' Retirement System or Teachers'
Retirement System to his or her account in the Judges' and
Clerks' Plan.
(c) The Board of Control transferring the membership
service and contributions shall thereupon certify to the Board
of Control of the Employees' Retirement System and to the fund
the amount of contributions and service creditable to the
member at the time of separation from the transferring
retirement system. The member shall be credited in the fund
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
HB589 INTRODUCED
Page 5
retirement system. The member shall be credited in the fund
with the membership service and accumulated contributions so
certified.
(d) Any active and contributing member of the Judges'
and Clerks' Plan who has previously withdrawn his or her funds
from the Employees' Retirement System, the Teachers'
Retirement System, the Judges' and Clerks' Plan, or the
District Attorneys' Plan or whose account has been terminated
due to five years absence shall have restored to him or her
all creditable service; provided, that the judge or clerk
shall complete two years of contributing membership service
after becoming a member of the Judicial Retirement Fund and
shall repay the amount previously returned to him or her,
including compounded interest of eight percent to the date of
repayment, to the treasurer of the retirement system prior to
the date of retirement of the judge or clerk. Notwithstanding
the foregoing, any member who elects to purchase credit for
withdrawn service shall be eligible to purchase the credit
only to the extent that the member does not have credit
established with any other public retirement system for the
same period of service. Should any member have established
part credit with another public retirement system for any
period of withdrawn service, then the member shall only be
eligible to purchase that portion of the withdrawn service for
which the member does not otherwise have credit. In
determining credit with other public retirement systems,
coverage under the federal Social Security program may not be
considered.
(d)(e) Anything in this article to the contrary
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
HB589 INTRODUCED
Page 6
(d)(e) Anything in this article to the contrary
notwithstanding, in the application of the foregoing
provisions of this section to a member whose membership
service includes a period of service as a judge or clerk and a
period of service in another employment classification, the
benefit rates applicable to a judge or clerk shall apply to
all membership service as a judge or clerk, and the benefit
rates applicable to the member's other employment
classification shall apply to membership service in such other
classification. In all other respects, the pension under this
section shall be determined on the basis of the member's
employment classification at the time of his or her withdrawal
from service."
Section 2. This act shall become effective on October
1, 2026.
141
142
143
144
145
146
147
148
149
150
151
152
153
154