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HB255 Alabama 2012 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Mike Hill
Mike Hill
Republican
Co-Sponsors
Jay LoveJim Barton
Session
Regular Session 2012
Title
Employees' Retirement System, benefits, earnable compensation for determination to include overtime pay with limitation, Sec. 36-27-1 am'd.
Summary

HB255 lets overtime pay count toward earnable compensation for retirement benefits and sets caps on how much overtime can be counted for Alabama's retirement systems.

What This Bill Does

The bill amends two sections to allow overtime payments to be included in earnable compensation for retirement calculations under both the Teachers' Retirement System (TRS) and the Employees' Retirement System (ERS). It imposes caps on how much overtime can count toward earnable compensation, tied to the employee's annual base pay and subject to IRS limits, with a specific exemption for certain TRS members from the IRS limit. It also clarifies that ERS earnable compensation excludes subsistence payments. The changes take effect immediately upon the governor's approval.

Who It Affects
  • Teachers in the Alabama Teachers' Retirement System (TRS) whose overtime can now be counted toward earnable compensation, subject to a cap and certain exemptions.
  • Employees in the Employees' Retirement System (ERS) whose overtime can now be counted toward earnable compensation, with subsistence payments excluded and a cap based on annual base pay as certified by the employer.
Key Provisions
  • In TRS, earnable compensation may include overtime payments, but must not exceed the IRS Sections 401(a)(17) limit; teachers who were TRS members before the first plan year after December 31, 1995, are not subject to this IRS limit.
  • In TRS, overtime included in earnable compensation is capped at 120 percent of the employee's annual base compensation, as certified by the employer.
  • In ERS, earnable compensation may include overtime payments but shall not include subsistence payments; it shall not exceed 125% 120 percent of the employee's annual base compensation as certified by the employer.
  • The act becomes effective immediately upon passage and approval by the Governor.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Retirement

Bill Actions

Delivered to Governor at 6:35 p. m. on May 2, 2012.

Assigned Act No. 2012-302 on 05/09/2012.

Clerk of the House Certification

Signature Requested

Enrolled

Concurred in Second House Amendment

Love motion to Concur In and Adopt adopted Roll Call 1176

Concurrence Requested

Motion to Read a Third Time and Pass adopted Roll Call 895

Waggoner motion to Adopt adopted Roll Call 894

Finance and Taxation General Fund Amendment Offered

Waggoner motion to Adopt adopted Roll Call 893

Finance and Taxation General Fund Amendment Offered

Waggoner motion to Adopt adopted Roll Call 892

Finance and Taxation General Fund Amendment Offered

Third Reading Passed

Read for the second time and placed on the calendar 3 amendments

Read for the first time and referred to the Senate committee on Finance and Taxation General Fund

Engrossed

Cosponsors Added

Motion to Read a Third Time and Pass adopted Roll Call 173

Motion to Adopt adopted Roll Call 172

Ways and Means General Fund first Substitute Offered

Third Reading Passed

Read for the second time and placed on the calendar with 1 substitute and

Read for the first time and referred to the House of Representatives committee on Ways and Means General Fund

Bill Text

Votes

Motion to Read a Third Time and Pass

February 28, 2012 House Passed
Yes 101
No 1
Absent 3

Motion to Adopt

February 28, 2012 House Passed
Yes 98
Abstained 1
Absent 6

Documents

Source: Alabama Legislature