HB443 Alabama 2016 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2016

Title

Court costs, fines and restitution, attachment to certain benefits of the Teachers' Retirement System and the Employees' Retirement System, Secs. 16-25-23, 36-27-28 am'd.

Summary

HB443 would allow certain court-ordered restitution and other financial obligations in felony cases to be collected from Teachers’ and Employees’ Retirement System benefits under specific conditions.

What This Bill Does

It keeps standard pension exemptions from taxes and garnishments, but creates an exception for restitution and related costs in felony cases when the case is assigned to the DA’s restitution recovery division and the restitution amount is at least $1,000, with the recipient being a TRS or ERS retiree/beneficiary. In such cases, the court may order up to 25% of the retiree’s gross monthly benefit (after deductions) to be paid to the court to satisfy the restitution, fines, or other obligations. The order must include specific identifying details and case information, and the district attorney must notify the court when payments are made in full; any excess payments must be returned to the retirement system within 60 days. The bill also applies the same rules to both the Teachers' Retirement System and Employees' Retirement System and is designed with severability and a future effective date.

Who It Affects

• Retirees or beneficiaries currently receiving benefits from the Teachers' Retirement System or Employees' Retirement System who have restitution, fines, court costs, or other financial obligations in felony cases that are assigned to the DA’s restitution recovery division (their monthly benefit could be reduced to satisfy the obligation).
• District attorneys’ restitution recovery divisions, circuit and district courts, and the retirement systems (to administer, monitor, and enforce the withholding and ensure proper refunds if needed).

Key Provisions

• Restitution, fines, court costs, fees, or other financial obligations in felony cases can be collected from TRS/ERS benefits if: the amount is $1,000 or more; the recipient is a TRS/ERS retiree or beneficiary; and the case is assigned to the district attorney’s restitution recovery division.
• Up to 25% of the retiree’s gross monthly benefit (after deductions) can be directed to the court to satisfy the restitution or related obligations, with detailed requirements for how the order must be written and what information must be included.
• The district attorney must notify the court when payments are paid in full; any excess collected must be returned to the TRS/ERS within 60 days, with identifying information about the retiree or beneficiary.
• The act preserves the general exemption from taxes, levy, sale, garnishment, or other processes unless the specific restitution provisions apply; it includes severability and a defined effective date.

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

Subjects

Court Costs