HB503 Alabama 2019 Session

Summary

Primary Sponsor

Steve McMillan

Republican

Session

Regular Session 2019

Title

State employee retirement benefits, subject to garnishment for child support and alimony, Sec. 36-27-28 am'd.

Summary

HB 503 would allow state employee retirement benefits to be garnished to pay child support and alimony, expanding current protections.

What This Bill Does

It would amend Section 36-27-28 to subject state employee retirement benefits to garnishment for child support and alimony, removing the broad exemption. It also adds rules for how garnishment would work, including limits on how much can be taken from benefits and required details in court orders. The bill also maintains a restitution garnishment provision that, under certain conditions, could divert up to 25% of a retiree's gross monthly benefit to satisfy restitution, with separate rules and notices. The change would take effect on the first day of the third month after passage.

Who It Affects

• State employee retirees or beneficiaries receiving Employees' Retirement System (ERS) benefits, who could have part of their monthly retirement payments garnished to pay child support and alimony (and, under certain restitution conditions, up to 25% of gross monthly benefits).
• Courts, district attorneys, and child support agencies that issue and enforce garnishment orders, since they would oversee and receive payments from ERS to satisfy child support, alimony, or restitution obligations.

Key Provisions

• Amends 36-27-28 to subject state employee retirement benefits to garnishment for child support and alimony (removing the general exemption for these funds).
• Restitution garnishment rules: if restitution is $1,000 or more, the retiree/beneficiary must be currently receiving ERS benefits and the case must be in the restitution recovery division; the court may order up to 25% of gross monthly benefits to be paid toward restitution with deductions for child support or health insurance, and the order must include specific identifying and case information with procedures for payment and refunds of overpayments to ERS within 60 days.
• Child support/alimony garnishment: not exempt from the general rule, with the withheld amount limited by federal/state/tribal caps; orders must specify detailed information (names, dates, case numbers, etc.), and the payee/obligor must notify the court when the obligation ends; overpayments must be returned to ERS within 60 days.
• Effective date: the act becomes effective on the first day of the third month 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