SB366 Alabama 2016 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

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

SB366 lets certain felony fines, restitution, and other court-ordered debts be collected from Teachers' Retirement System and Employees' Retirement System benefits under a court-ordered plan.

What This Bill Does

The bill preserves the general exemption of pension benefits from taxes and most collection actions, but creates an exception for specified criminal debts. If a retiree or beneficiary receiving TRS or ERS benefits owes restitution, fines, court costs, or similar obligations of at least $1,000 in a felony case and the case is in the district attorney's restitution recovery division, the court may order up to 25% of the retiree's or beneficiary's gross monthly benefit to be paid to the circuit clerk to satisfy those obligations. The order must detail identifying information and case specifics, and any excess payments must be returned to the retirement system within 60 days once the debt is paid in full.

Who It Affects

• Retirees or beneficiaries currently receiving TRS or ERS benefits who have restitution, fines, court costs, or other financial obligations ordered in a felony case (amounts must be $1,000 or more).
• The district attorney's restitution recovery division, circuit court, circuit clerk, and the TRS/ERS administrators, who oversee, record, and enforce the collection and distribution of funds (including returning any overpayments).

Key Provisions

• Restitution, fines, court costs, fees, or other financial obligations in a felony case are not exempt from collection if the specified conditions are met.
• Conditions for collection: restitution ordered must be $1,000 or greater; the person is a retiree or beneficiary currently receiving TRS or ERS benefits; and the case is assigned to the district attorney's restitution recovery division.
• Court may order that up to 25% of the retiree's or beneficiary's gross monthly benefit (after deductions for child support or health insurance) be paid to the circuit clerk to apply toward the restitution balance.
• The court order must include identifying details (name, DOB, SSN), amount and items owed, case numbers, county, clerk's name/address, that payments are payable due to a criminal disposition, and the approved amount or percentage to be paid.
• The district attorney must notify the court when the obligation is paid in full; any excess payments must be returned to the TRS or ERS within 60 days with proper identifying information.

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