SB16 Alabama 2015 2nd Special Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Second Special Session 2015

Title

Judges of Probate, judicial retirement, contributions by counties for the employer's share, Secs. 12-18-1, 12-18-3, 12-18-82 am'd.

Summary

SB16 would shift the employer retirement contributions for probate judges from the state to county governments, creating a new local funding requirement and triggering constitutional protections about local expenditures.

What This Bill Does

The bill rewrites who pays the employer portion of probate judges’ Judicial Retirement Fund contributions, making counties responsible for monthly payments into the fund. It preserves judges’ own contribution rates, but starting October 1, 2016 counties must pay the normal and accrued liability contributions plus administrative costs based on each judge’s salary, with rates set by the fund’s actuary. Because this changes local funding obligations, the bill notes that it could be considered a new or increased local expenditure under Amendment 621, which requires a 2/3 vote or local approval (or state funding) to take effect; otherwise it won’t apply to a local entity until appropriations or local revenue are provided. The act also details how funds are deposited into the Judicial Retirement Fund and how the overall funding continues to be supported from both state and local sources.

Who It Affects

• Probate judges - their employer contribution toward the Judicial Retirement Fund would be paid by county governments instead of the state, with ongoing monthly payments for normal contributions, accrued liability, and administrative expenses.
• County governments - would be responsible for making the monthly employer contributions for probate judges’ retirement, creating a new local expenditure that must be funded from local sources or state appropriations (per Amendment 621).

Key Provisions

• Amends Sections 12-18-1, 12-18-3, and 12-18-82 to provide that the employer contribution for probate judges’ retirement is paid by the counties.
• Establishes the Judicial Retirement Fund funded by judge contributions, state funds, and, starting October 1, 2016, employer contributions from counties for probate judges plus administrative expenses, with rates set by the fund’s actuary and reported to the Fund.
• Section 12-18-82(c) requires monthly county payments of a normal contribution, an accrued liability contribution, and administrative expenses for each probate judge, based on a percentage of salary, to be paid into the Judicial Retirement Fund.
• Maintains existing employee contribution rates for probate judges (from fees or salary), with rate changes previously enacted (8.25% and 8.5% over time), all credited to the individual judge’s fund account.
• Notes that because the bill involves new or increased local expenditures, Amendment 621 (Section 111.05) could require a 2/3 vote, local entity approval, or legislative appropriation for the bill to take effect locally; absent those conditions, it would not apply to local entities.
• The act becomes effective on the first day of the third month after passage and governor approval, subject to the local expenditure protections in Amendment 621.

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

Subjects

Judge, Probate