HB428 Alabama 2012 Session

Summary

Primary Sponsor

Donnie ChesteenSenator

Republican

Session

Regular Session 2012

Title

Employees' Retirement System, Teachers' Retirement System, or Judicial Retirement Fund, certain active or retired members, forfeiture of employer-paid portion and interest thereon of retirement benefits upon conviction of certain felony offenses, immunity from civil or criminal liability for retirement systems officers and employees for certain actions taken

Summary

HB428 would strip retirement benefits and require refunds of contributions for certain felonies connected to public service, and suspend benefits for retirees, while granting immunity to retirement-system officers and employees.

What This Bill Does

If passed, active or inactive members with accrued benefits who plead guilty, plead no contest, or are finally convicted of a felony related to their public position would forfeit those retirement benefits and receive a refund of their retirement contributions plus interest. Retired members receiving benefits would have benefits suspended and receive a partial refund of contributions and interest; if the benefits already paid do not exceed contributions plus interest, they would receive the remaining amount refunded. The bill also provides immunity from civil or criminal liability to officers and employees of the retirement systems for actions taken under this act, and the act would take effect immediately after passage.

Who It Affects

• Active or inactive members of the Employees' Retirement System, Teachers' Retirement System, or Judicial Retirement Fund who have an accrued benefit and are convicted of a felony related to their public position (they would forfeit benefits and get a refund of contributions plus interest).
• Retired members receiving benefits from these systems who plead guilty, plead no contest, or are finally convicted of a felony related to their public position (their benefits would be suspended and they may receive a partial refund of contributions and interest).
• Retired members whose benefits already paid do not exceed their contributed amount plus interest (they would receive a refund of any remaining contributed amount and interest).
• Officers and employees of the retirement systems (they would be immune from civil or criminal liability for actions taken under the act).

Key Provisions

• Active/inactive members with accrued benefits would forfeit retirement benefits upon a guilty plea, no contest plea, or final felony conviction related to their public service, and receive a refund of retirement contributions plus interest.
• Retired members receiving benefits would have benefits suspended upon such plea or conviction and receive a partial refund of contributions plus interest; if benefits already paid do not exceed contributions plus interest, a refund of the remaining amount would be provided.
• The offense must be related to or arise out of, or in connection with, the person’s public service, as declared by the presiding judge in a court (federal or state).
• Officers and employees of the retirement systems are immune from civil or criminal liability for actions taken under this act.
• The act becomes effective immediately after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Employees' Retirement System