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SB58 ENROLLED
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SB58
NR6CGJ8-3
By Senator Orr
RFD: Finance and Taxation General Fund
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to public corruption convictions; to amend
Section 36-27D-1, Code of Alabama 1975, to use retirement
contributions made by a public servant found guilty of a
criminal offense involving his or her government position to
be used for restitution; to require a public servant to pay
back compensation received while on leave with pay in certain
circumstances; and to make nonsubstantive, technical revisions
to update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 36-27D-1, Code of Alabama 1975, is
amended to read as follows:
"§36-27D-1
(a) On and after May 15, 2012, any An individual who is
an active or inactive member of the Employees' Retirement
System, the Teachers' Retirement System, or the Judicial
Retirement Fund , or any other retirement plan administered by
the Retirement Systems of Alabama who has an accrued benefit
shall forfeit retirement benefits upon a guilty plea, a plea
of no contest, or a final judgment by the trial court of a any
of the following:
(1) Any felony offense if that offense is related to or
arises out of, or in connection with, his or her the
individual's service in that public position , and the
individual shall be entitled to a refund of his or her
retirement contributions and applicable interest .
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retirement contributions and applicable interest .
(b) On and after July 1, 2024, any individual who is an
active or inactive member of the Employees' Retirement System,
the Teachers' Retirement System, or the Judicial Retirement
Fund who has an accrued benefit shall forfeit retirement
benefits upon a guilty plea, a plea of no contest, or a final
judgment by the trial court of any
(2) Any offense set forth in Article 4A of Chapter 6 or
Division 4 of Article 4 of Chapter 12 of Title 13A ., and the
individual shall be entitled to a refund of his or her
(b) The retirement contributions and applicable
interest forfeited pursuant to subsection (a) shall be used to
pay restitution to the public agency, institution, or other
entity harmed by the felony offense, if applicable, with any
remaining balance refunded to the individual .
(c) A retired member receiving benefits, upon a plea or
judgment set forth in subsection (a) or (b), shall have his or
her retirement benefit suspended. In the event If a retired
member receiving benefits has not received retirement benefits
exceeding the amount of his or her contributions and interest,
he or she shall receive a refund of his or her the remaining
contributions and interest of the retired member shall be used
to pay restitution to the public agency, institution, or other
entity harmed by the felony offense, if applicable, with any
remaining balance refunded to the retired member .
(d) Upon conviction of a crime as described in
subsection (a) or (b) , the trial court prosecutor shall
promptly provide written notice of the conviction to : (i) the
Board of Control of the Employees' Retirement System, the
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Board of Control of the Employees' Retirement System, the
Board of Control of the Teachers' Retirement System, or the
Judicial Retirement Fund, or other retirement plan funded from
public funds, or any combination thereof, as applicable ; or
(ii) if the convicted individual held a supernumerary
position, the state or a county, as applicable . Any failure by
the convicting court prosecutor to provide notice pursuant to
this subsection shall not affect or delay any forfeiture
provision or requirement to pay restitution set forth in this
section.
(e) Officers and employees of the Employees' Retirement
System, the Teachers' Retirement System, and the Judicial
Retirement Fund are immune from any civil or criminal
liability for any action taken pursuant to this section.
(f) The remedies provided in this section are not
exclusive and do not preclude any other available remedy at
law."
Section 2. (a)(1) Any public official or employee of
the state or a political subdivision thereof who is under any
investigation for committing a felony offense related to or
arising out of, or in connection with, the public official's
or employee's service in his or her public position may use,
if otherwise authorized by law, public funds to defend himself
or herself unless and until the public official or employee is
indicted for that felony offense.
(2) If the public official or employee is indicted for
the felony offense, the public official or employee may not
use any public funds to pay for his or her legal defense.
(b) Any public official or employee described in
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(b) Any public official or employee described in
subsection (a) who is placed on leave with pay while under
investigation, upon conviction for that felony offense, shall
be required to pay back all compensation received since the
commission of the felony offense.
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB58
Senate 03-Feb-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 19-Mar-26
By: Senator Orr
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